THE 1997 RULES OF CIVIL PROCEDURE Rules 1 to 71

[Took effect on July 1, 1997, in accordance with the resolution in Bar Matter No. 80 ado!ted "y the #u!re$e %ourt in Ba&uio %ity on '!ril 8, 1997(

)ursuant to the !ro*isions of #ection +,+- of 'rticle ./// of the %onstitution, the #u!re$e %ourt here"y ado!ts and !ro$ul&ates the followin& rules concernin& the !rotection and enforce$ent of constitutional ri&hts, !leadin&, !ractice and !rocedure in all courts, the ad$ission to the !ractice of law, the /nte&rated Bar, and le&al assistance to the under!ri*ile&ed0

RULE 1 GENERAL PROVISONS Section 1. Title of the Rules. - These 1ules shall "e known and cited as the 1ules of %ourt.

Sec. 2. In wh t cou!ts ""lic #le. - These 1ules shall a!!ly in all the courts, e2ce!t as otherwise !ro*ided "y the #u!re$e %ourt. Sec. $. % ses &o'e!ne(. - These 1ules shall &o*ern the !rocedure to "e o"ser*ed in actions, ci*il or cri$inal, and s!ecial !roceedin&s. ,a- ' ci*il action is one "y which a !arty sues another for the enforce$ent or !rotection of a ri&ht, or the !re*ention or redress of a wron&. ' ci*il action $ay either "e ordinary or s!ecial. Both are &o*erned "y the rules for ordinary ci*il actions, su"3ect to the s!ecific rules !rescri"ed for a s!ecial ci*il action. ,"- ' cri$inal action is one "y which the #tate !rosecutes a !erson for an act or o$ission !unisha"le "y law. ,c- ' s!ecial !roceedin& is a re$edy "y which a !arty seeks to esta"lish a status, a ri&ht, or a !articular fact. Sec. ). In wh t c ses not ""lic #le. - These 1ules shall not a!!ly to election cases, land re&istration, cadastral, naturali4ation and insol*ency !roceedin&s, and other cases not herein !ro*ided for, e2ce!t "y analo&y or in a su!!letory character and whene*er !ractica"le and con*enient. Sec. *. %o++ence+ent of ction. - ' ci*il action is co$$enced "y the filin& of the ori&inal co$!laint in court. /f an additional defendant is i$!leaded in a later !leadin&, the action is co$$enced with re&ard to hi$ on the date of the filin& of such later !leadin&, irres!ecti*e of whether the $otion for its ad$ission, if necessary, is denied "y the court. Sec. ,. %onst!uction. - These 1ules shall "e li"erally construed in order to !ro$ote their o"3ecti*e of securin& a 3ust, s!eedy and ine2!ensi*e dis!osition of e*ery action and !roceedin&. %IVIL A%TIONS

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OR-INAR. %IVIL A%TIONS /Rules 2 to *0 RULE 2 %AUSE O1 A%TION Sec. 1. S#c" $" S#c" &" S#c" )" Ordinary civil actions, asis o!" 5 6*ery ordinary ci*il action $ust "e "ased on a cause of action. Ca%s# o! action, d#!in#d" 5 ' cause of action is the act or o$ission "y which a !arty *iolates a ri&ht of another. On# s%it !or a sin'l# ca%s# o! action" ( ' !arty $ay not institute $ore than one suit for a sin&le cause of action. S*littin' a sin'l# ca%s# o! action+ #!!#ct o!" ( /f two or $ore suits are instituted on the "asis of the sa$e cause of action, the filin& of one or a 3ud&$ent u!on the $erits in any one is a*aila"le as a &round for the dis$issal of the others. -oind#r o! ca%s#s o! action" 5 ' !arty $ay in one !leadin& assert, in the alternati*e or otherwise, as $any causes of action as he $ay ha*e a&ainst an o!!osin& !arty, su"3ect to the followin& conditions0 ,a- The !arty 3oinin& the causes of action shall co$!ly with the rules on 3oinder of !arties7 ,"- The 3oinder shall not include s!ecial ci*il actions or actions &o*erned "y s!ecial rules7 ,c- 8here the causes of action are "etween the sa$e !arties "ut !ertain to different *enues or 3urisdictions, the 3oinder $ay "e allowed in the 1e&ional Trial %ourt !ro*ided one of the causes of action falls within the 3urisdiction of said court and the *enue lies therein7 and ,d- 8here the clai$s in all the causes of action are !rinci!ally for reco*ery of $oney, the a&&re&ate a$ount clai$ed shall "e the test of 3urisdiction. S#c" ." /is0oind#r o! ca%s#s o! action. 5 Mis3oinder of causes of action is not a &round for dis$issal of an action. ' $is3oined cause of action $ay, on $otion of a !arty or on the initiati*e of the court, "e se*ered and !roceeded with se!arately. RULE $ PARTIES TO %IVIL A%TIONS S#c"1" 12o 3ay # *arti#s+ *lainti!! and d#!#ndant" ( 9nly natural or 3uridical !ersons, or entities authori4ed "y law $ay "e !arties in a ci*il action. The ter$ 4*lainti!!4 $ay refer to the cl i+in& " !t2, the counter5clai$ant, the cross5 clai$ant, or the third ,fourth, etc.- !arty !laintiff. The ter$ 4d#!#ndant4 $ay refer to the o!i&in l (efen(in& " !t2, the defendant in a counterclai$, the cross5defendant, or the third ,fourth, etc.- !arty defendant. Parti#s in int#r#st" 5 ' real !arty in interest is the !arty who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. :nless otherwise authori4ed "y law or these 1ules, e*ery action $ust "e !rosecuted or defended in the na$e of the real !arty in interest. R#*r#s#ntativ#s as *arti#s" 5 8here the action is allowed to "e !rosecuted or defended "y a re!resentati*e or so$eone actin& in a fiduciary ca!acity, the "eneficiary shall "e included in the title of the case and shall "e dee$ed to "e the real !arty in interest. ' re!resentati*e $ay "e a trustee of an e2!ress trust, a &uardian, an e2ecutor or ad$inistrator, or a !arty authori4ed "y law or these 1ules. 'n a&ent actin& in his own na$e and for the "enefit of an

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undisclosed !rinci!al $ay sue or "e sued without 3oinin& the !rinci!al e2ce!t when the contract in*ol*es thin&s "elon&in& to the !rinci!al. S#c" )" S#c" ," S*o%s#s as *arti#s" ( ;us"and and wife shall sue or "e sued 3ointly, e2ce!t as !ro*ided "y law. /inor or inco3*#t#nt *#rsons" 5 ' $inor or a !erson alle&ed to "e inco$!etent, $ay sue or "e sued, with the assistance of his father, $other, &uardian, or if he has none, a &uardian ad lite$. P#r3issiv# 0oind#r o! *arti#s" 5 'll !ersons in who$ or a&ainst who$ any ri&ht to relief in res!ect to or arisin& out of the sa$e transaction or series of transactions is alle&ed to e2ist, whether 3ointly, se*erally, or in the alternati*e, $ay, e2ce!t as otherwise !ro*ided in these 1ules, 3oin as !laintiffs or "e 3oined as defendants in one co$!laint, where any <uestion of law or fact co$$on to all such !laintiffs or to all such defendants $ay arise in the action7 "ut the court $ay $ake such orders as $ay "e 3ust to !re*ent any !laintiff or defendant fro$ "ein& e$"arrassed or !ut to e2!ense in connection with any !roceedin&s in which he $ay ha*e no interest. Co3*%lsory 0oind#r o! indis*#nsa l# *arti#s" 5 )arties in interest without who$ no final deter$ination can "e had of an action shall "e 3oined either as !laintiffs or defendants. 5#c#ssary *arty" - ' necessary !arty is one who is not indis!ensa"le "ut who ou&ht to "e 3oined as a !arty if co$!lete relief is to "e accorded as to those already !arties, or for a co$!lete deter$ination or settle$ent of the clai$ su"3ect of the action. 5on(0oind#r o! n#c#ssary *arti#s to # *l#ad#d" ( 8hene*er in any !leadin& in which a clai$ is asserted a necessary !arty is not 3oined, the !leader shall set forth his na$e, if known, and shall state why he is o$itted. #hould the court find the reason for the o$ission un$eritorious, it $ay order the inclusion of the o$itted necessary !arty if 3urisdiction o*er his !erson $ay "e o"tained. The failure to co$!ly with the order for his inclusion, without 3ustifia"le cause, shall "e dee$ed a wai*er of the clai$ a&ainst such !arty. The non5inclusion of a necessary !arty does not !re*ent the court fro$ !roceedin& in the action, and the 3ud&$ent rendered therein shall "e without !re3udice to the ri&hts of such necessary !arty. S#c"16" Un7illin' co(*lainti!!" 5 /f the consent of any !arty who should "e 3oined as !laintiff can not "e o"tained, he $ay "e $ade a defendant and the reason therefor shall "e stated in the co$!laint. S#c"11" /is0oind#r and non(0oind#r o! *arti#s" 5 Neither $is3oinder nor non53oinder of !arties is &round for dis$issal of an action. )arties $ay "e dro!!ed or added "y order of the court on $otion of any !arty or on its own initiati*e at any sta&e of the action and on such ter$s as are 3ust. 'ny clai$ a&ainst a $is3oined !arty $ay "e se*ered and !roceeded with se!arately. S#c"1$" Class s%it" 5 8hen the su"3ect $atter of the contro*ersy is one of co$$on or &eneral interest to $any !ersons so nu$erous that it is i$!ractica"le to 3oin all as !arties, a nu$"er of the$ which the court finds to "e sufficiently nu$erous and re!resentati*e as to fully !rotect the interests of all concerned $ay sue or defend for the "enefit of all. 'ny !arty in interest shall ha*e the ri&ht to inter*ene to !rotect his indi*idual interest. S#c"1&" 8lt#rnativ# d#!#ndants" 5 8here the !laintiff is uncertain a&ainst who of se*eral !ersons he is entitled to relief, he $ay 3oin any or all of the$ as defendants in the alternati*e, althou&h a ri&ht to relief a&ainst one $ay "e inconsistent with a ri&ht of relief a&ainst the other. S#c"1)" Un9no7n id#ntity or na3# o! d#!#ndant" 5 8hene*er the identity or na$e of a defendant is unknown, he $ay "e sued as the unknown owner, heir, de*isee, or "y such other desi&nation as the case $ay re<uire7 when his identity or true na$e is disco*ered, the !leadin& $ust "e a$ended accordin&ly.

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Sec. 3.

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the na$es and addresses of the !ersons co$!osin& said entity $ust all "e re*ealed. it is satisfactorily shown to the court "y any !arty that there is a su"stantial need for continuin& or $aintainin& it and that the successor ado!ts or continues or threatens to ado!t or continue the action of his !redecessor. unless the court otherwise !ro*ides. S#c"17" D#at2 or s#*aration o! a *arty 72o is a *% lic o!!ic#r. it shall not "e dis$issed "ut shall instead "e allowed to continue until entry of final 3ud&$ent. The court shall forthwith order said le&al re!resentati*e or re!resentati*es to a!!ear and "e su"stituted within a !eriod of thirty . unless e2!ressly assentin& thereto. shall "e &i*en reasona"le notice of the a!!lication therefor and accorded an o!!ortunity to "e heard. $ay allow the action to "e continued "y or a&ainst the inco$!etent or inca!acitated !erson assisted "y his le&al &uardian or &uardian ad litem. S#c"$6" 8ction on contract%al 3on#y clai3s" 5 8hen the action is for reco*ery of $oney arisin& fro$ contract. shelter and "asic necessities for hi$self and his fa$ily.days after the successor takes office or such ti$e as $ay "e &ranted "y the court. the action $ay "e continued "y or a&ainst the ori&inal !arty. =ailure of counsel to co$!ly with this duty shall "e a &round for disci!linary action. the court. and of transcri!ts of steno&ra!hic notes which the court $ay order to "e furnished hi$. unless the court u!on $otion directs the !erson to who$ the interest is transferred to "e su"stituted in the action or 3oined with the ori&inal !arty. and to &i*e the na$e and address of his le&al re!resentati*e or re!resentati*es. ' fa*ora"le 3ud&$ent o"tained "y the !laintiff therein shall "e enforced in the $anner es!ecially !ro*ided in these 1ules for !rosecutin& clai$s a&ainst the estate of a deceased !erson. The a$ount of the docket and other lawful fees which the indi&ent was e2e$!ted fro$ !ayin& shall "e a lien on any 3ud&$ent rendered in the case fa*ora"le to the indi&ent. or if the one so na$ed shall fail to a!!ear within the s!ecified !eriod. resi&ns. S#c"$1" Indi'#nt *arty" 5 ' !arty $ay "e authori4ed to liti&ate his action. /f the court should deter$ine after hearin& that the !arty declared as an indi&ent is in fact a !erson with sufficient . /n the answer of such defendant. #uch authority shall include an e2e$!tion fro$ !ay$ent of docket and other lawful fees. without re<uirin& the a!!oint$ent of an e2ecutor or ad$inistrator and the court $ay a!!oint a &uardian ad lite$ for the $inor heirs. the action $ay "e continued and $aintained "y or a&ainst his successor if. the !arty or officer to "e affected. if defrayed "y the o!!osin& !arty. is satisfied that the !arty is one who has no $oney or !ro!erty sufficient and a*aila"le for food. The court char&es in !rocurin& such a!!oint$ent. 0days fro$ notice. they $ay "e sued under the na$e "y which they are &enerally or co$$only known." D#at2 o! *arty+ d%ty o! co%ns#l" 5 8hene*er a !arty to a !endin& action dies. Before a su"stitution is $ade. /f no le&al re!resentati*e is na$ed "y the counsel for the deceased !arty. $ay "e reco*ered as costs. S#c"19" Trans!#r o! int#r#st" 5 /n case of any transfer of interest. clai$ or defense as an indi&ent if the court. 0. u!on $otion with notice. it shall "e the duty of his counsel to infor$ the court within thirty . to !rocure the a!!oint$ent of an e2ecutor or ad$inistrator for the estate of the deceased and the latter shall i$$ediately a!!ear for and on "ehalf of the deceased. S#c"1. or otherwise ceases to hold office.days after such death of the fact thereof. within thirty . and the defendant dies "efore entry of final 3ud&$ent in the court in which the action was !endin& at the ti$e of such death.Page 4 of 99 S#c"1. the court $ay order the o!!osin& !arty. S#c"1:" Inco3*#t#ncy or inca*acity" 5 /f a !arty "eco$es inco$!etent or inca!acitated. u!on an e2 !arte a!!lication and hearin&. and the clai$ is not there"y e2tin&uished. e2!ress or i$!lied." Entity 7it2o%t 0%ridical *#rsonality as d#!#ndant" ( 8hen two or $ore !ersons not or&ani4ed as an entity with 3uridical !ersonality enter into a transaction. 0. within a s!ecified ti$e. 5 8hen a !u"lic officer is a !arty in an action in his official ca!acity and durin& its !endency dies. 'ny ad*erse !arty $ay contest the &rant of such authority at any ti$e "efore 3ud&$ent is rendered "y the trial court. The heirs of the deceased $ay "e allowed to "e su"stituted for the deceased.

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inco$e or !ro!erty, the !ro!er docket and other lawful fees shall "e assessed and collected "y the clerk of court. /f !ay$ent is not $ade within the ti$e fi2ed "y the court, e2ecution shall issue for the !ay$ent thereof, without !re3udice to such other sanctions as the court $ay i$!ose. S#c"$$" 5otic# to t2# Solicitor ;#n#ral" 5 /n any action in*ol*in& the *alidity of any treaty, law, ordinance, e2ecuti*e order, !residential decree, rules or re&ulations, the court, in its discretion, $ay re<uire the a!!earance of the #olicitor >eneral who $ay "e heard in !erson or throu&h a re!resentati*e duly desi&nated "y hi$. RULE ) VENUE O1 A%TIONS S#c"1" V#n%# o! r#al actions" - 'ctions affectin& title to or !ossession of real !ro!erty, or interest therein, shall "e co$$enced and tried in the !ro!er court which has 3urisdiction o*er the area wherein the real !ro!erty in*ol*ed, or a !ortion thereof, is situated. =orci"le entry and detainer actions shall "e co$$enced and tried in the $unici!al trial court of the $unici!ality or city wherein the real !ro!erty in*ol*ed, or a !ortion thereof, is situated. S#c"$" V#n%# o! *#rsonal actions" 5 'll other actions $ay "e co$$enced and tried where the !laintiff or any of the !rinci!al !laintiffs resides, or where the defendant or any of the !rinci!al defendants resides, or in the case of a non5 resident defendant where he $ay "e found, at the election of the !laintiff. V#n%# o! actions a'ainst non(r#sid#nts" 5 /f any of the defendants does not reside and is not found in the )hili!!ines, and the action affects the !ersonal status of the !laintiff, or any !ro!erty of said defendant located in the )hili!!ines, the action $ay "e co$$enced and tried in the court of the !lace where the !laintiff resides, or where the !ro!erty or any !ortion thereof is situated or found. 12#n R%l# not a**lica l#" 5 This 1ule shall not a!!ly0 ,a- /n those cases where a s!ecific rule or law !ro*ides otherwise7 or ,"- 8here the !arties ha*e *alidly a&reed in writin& "efore the filin& of the action on the e2clusi*e *enue thereof. RULE * UNI1OR4 PRO%E-URE IN TRIAL %OURTS S#ction 1" Uni!or3 *roc#d%r#" 5 The !rocedure in the Munici!al Trial %ourts shall "e the sa$e as in the 1e&ional Trial %ourts, e2ce!t ,a- where a !articular !ro*ision e2!ressly or i$!liedly a!!lies only to either of said courts, or ,"in ci*il cases &o*erned "y the 1ule on #u$$ary )rocedure.

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/#anin' o! t#r3s" ( The ter$ "Municipal Trial Courts" as used in these 1ules shall include Metro!olitan Trial %ourts, Munici!al Trial %ourts in %ities, Munici!al Trial %ourts, and Munici!al %ircuit Trial %ourts. PRO%E-URE IN REGIONAL TRIAL %OURTS /Rules , to $50 RULE , 6IN-S O1 PLEA-INGS

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Pl#adin's d#!in#d" ( )leadin&s are the written state$ents of the res!ecti*e clai$s and defenses of the !arties su"$itted to the court for a!!ro!riate 3ud&$ent.

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Pl#adin's allo7#d" ( The clai$s of a !arty are asserted in a co$!laint, counterclai$, cross5clai$, third ,fourth, etc.!arty co$!laint, or co$!laint5in5inter*ention. The defenses of a !arty are alle&ed in the answer to the !leadin& assertin& a clai$ a&ainst hi$. 'n answer $ay "e res!onded to "y a re!ly.

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Co3*laint" ( The co$!laint is the !leadin& alle&in& the !laintiff?s cause or causes of action. The na$es and residences of the !laintiff and defendant $ust "e stated in the co$!laint. 8ns7#r" ( 'n answer is a !leadin& in which a defendin& !arty sets forth his defenses. D#!#ns#s" 5 @efenses $ay either "e ne&ati*e or affir$ati*e. ,a- ' ne&ati*e defense is the s!ecific denial of the $aterial fact or facts alle&ed in the !leadin& of the clai$ant essential to his cause or causes of action. ,"- 'n affir$ati*e defense is an alle&ation of a new $atter which, while hy!othetically ad$ittin& the $aterial alle&ations in the !leadin& of the clai$ant, would ne*ertheless !re*ent or "ar reco*ery "y hi$. The affir$ati*e defenses include fraud, statute of li$itations, release, !ay$ent, ille&ality, statute of frauds, esto!!el, for$er reco*ery, dischar&e in "ankru!tcy, and any other $atter "y way of confession and a*oidance.

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Co%nt#rclai3" ( ' counterclai$ is any clai$ which a defendin& !arty $ay ha*e a&ainst an o!!osin& !arty. Co3*%lsory co%nt#rclai3" 5 ' co$!ulsory counterclai$ is one which, "ein& co&ni4a"le "y the re&ular courts of 3ustice, arises out of or is connected with the transaction or occurrence constitutin& the su"3ect $atter of the o!!osin& !arty?s clai$ and does not re<uire for its ad3udication the !resence of third !arties of who$ the court cannot ac<uire 3urisdiction. #uch a counterclai$ $ust "e within the 3urisdiction of the court "oth as to the a$ount and the nature thereof, e2ce!t that in an ori&inal action "efore the 1e&ional Trial %ourt, the counterclai$ $ay "e considered co$!ulsory re&ardless of the a$ount. Cross(clai3. 5 ' cross5clai$ is any clai$ "y one !arty a&ainst a co5!arty arisin& out of the transaction or occurrence that is the su"3ect $atter either of the ori&inal action or of a counterclai$ therein. #uch cross5clai$ $ay include a clai$ that the !arty a&ainst who$ it is asserted is or $ay "e lia"le to the cross5clai$ant for all or !art of a clai$ asserted in the action a&ainst the cross5clai$ant. Co%nt#r(co%nt#rclai3s and co%nt#r(cross(clai3s" 5 ' counterclai$ $ay "e asserted a&ainst an ori&inal counter5 clai$ant. ' cross5clai$ $ay also "e filed a&ainst an ori&inal cross5clai$ant.

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S#c"16" R#*ly" 5 ' re!ly is a !leadin&, the office or function of which is to deny, or alle&e facts in denial or a*oidance of new $atters alle&ed "y way of defense in the answer and there"y 3oin or $ake issue as to such new $atters. /f a !arty does not file such re!ly, all the new $atters alle&ed in the answer are dee$ed contro*erted. /f the !laintiff wishes to inter!ose any clai$s arisin& out of the new $atters so alle&ed, such clai$s shall "e set forth in an a$ended or su!!le$ental co$!laint. S#c"11" T2ird, <!o%rt2, #tc"= *arty co3*laint" 5 ' third ,fourth, etc.- !arty co$!laint is a clai$ that a defendin& !arty $ay, with lea*e of court, file a&ainst a !erson not a !arty to the action, called the third ,fourth, etc.- !arty defendant, for contri"ution, inde$nity, su"ro&ation or any other relief, in res!ect of his o!!onent?s clai$. S#c"1$" >rin'in' n#7 *arti#s" 5 8hen the !resence of !arties other than those to the ori&inal action is re<uired for the &rantin& of co$!lete relief in the deter$ination of a counterclai$ or cross5clai$, the court shall order the$ to "e "rou&ht in as defendants, if 3urisdiction o*er the$ can "e o"tained.

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S#c"1&" 8ns7#r to t2ird <!o%rt2, #tc"= *arty co3*laint" 5 ' third ,fourth, etc.- !arty defendant $ay alle&e in his answer his defenses, counterclai$s or cross5clai$s, includin& such defenses that the third ,fourth, etc.- !arty !laintiff $ay ha*e a&ainst the ori&inal !laintiff?s clai$. /n !ro!er cases, he $ay also assert a counterclai$ a&ainst the ori&inal !laintiff in res!ect of the latter?s clai$ a&ainst the third5!arty !laintiff. RULE 7 PARTS O1 A PLEA-ING S#c"1" Ca*tion" 5 The ca!tion sets forth the na$e of the court, the title of the action, and the docket nu$"er if assi&ned. The title of the action indicates the na$es of the !arties. They shall all "e na$ed in the ori&inal co$!laint or !etition7 "ut in su"se<uent !leadin&s, it shall "e sufficient if the na$e of the first !arty on each side "e stated with an a!!ro!riate indication when there are other !arties. Their res!ecti*e !artici!ation in the case shall "e indicated. S#c"$" T2# ody. 5 The "ody of the !leadin& sets forth its desi&nation, the alle&ations of the !arty?s clai$s or defenses, the relief !rayed for, and the date of the !leadin&. ,a- )ara&ra!hs. 5 The alle&ations in the "ody of a !leadin& shall "e di*ided into !ara&ra!hs so nu$"ered as to "e readily identified, each of which shall contain a state$ent of a sin&le set of circu$stances so far as that can "e done with con*enience. ' !ara&ra!h $ay "e referred to "y its nu$"er in all succeedin& !leadin&s. ,"- ;eadin&s. 5 8hen two or $ore causes of action are 3oined, the state$ent of the first shall "e !refaced "y the words Afirst cause of action,A of the second "y Asecond cause of action,A and so on for the others. 8hen one or $ore !ara&ra!hs in the answer are addressed to one of se*eral causes of action in the co$!laint, they shall "e !refaced "y the words Aanswer to the first cause of actionA or Aanswer to the second cause of actionA and so on7 and when one or $ore !ara&ra!hs of the answer are addressed to se*eral causes of action, they shall "e !refaced "y words to that effect. ,c- 1elief. 5 The !leadin& shall s!ecify the relief sou&ht, "ut it $ay add a &eneral !rayer for such further or other relief as $ay "e dee$ed 3ust or e<uita"le. ,d- @ate. 5 6*ery !leadin& shall "e dated. S#c"&" Si'nat%r# and addr#ss. 5 6*ery !leadin& $ust "e si&ned "y the !arty or counsel re!resentin& hi$, statin& in either case his address which should not "e a !ost office "o2. The si&nature of counsel constitutes a certificate "y hi$ that he has read the !leadin&7 that to the "est of his knowled&e, infor$ation, and "elief there is &ood &round to su!!ort it7 and that it is not inter!osed for delay. 'n unsi&ned !leadin& !roduces no le&al effect. ;owe*er, the court $ay, in its discretion, allow such deficiency to "e re$edied if it shall a!!ear that the sa$e was due to $ere inad*ertence and not intended for delay. %ounsel who deli"erately files an unsi&ned !leadin&, or si&ns a !leadin& in *iolation of this 1ule, or alle&es scandalous or indecent $atter therein, or fails to !ro$!tly re!ort to the court a chan&e of his address, shall "e su"3ect to a!!ro!riate disci!linary action. S#c")" V#ri!ication" 5 62ce!t when otherwise s!ecifically re<uired "y law or rule, !leadin&s need not "e under oath, *erified or acco$!anied "y affida*it. ' !leadin& is *erified "y an affida*it that the affiant has read the !leadin& and that the alle&ations therein are true and correct of his knowled&e and "elief.

intent. or in a sworn certification anne2ed thereto and si$ultaneously filed therewith0 . no such other action or clai$ is !endin& therein7 . ' !arty desirin& to raise an issue as to the le&al e2istence of any !arty or the ca!acity of any !arty to sue or "e sued in a re!resentati*e ca!acity. without !re3udice to the corres!ondin& ad$inistrati*e and cri$inal actions. knowled&e or other condition of the $ind of a !erson $ay "e a*erred &enerally. he shall re!ort that fact within fi*e . The su"$ission of a false certification or non5co$!liance with any of the undertakin&s therein shall constitute indirect conte$!t of court.A or lacks a !ro!er *erification. S#c"&" S#c")" S#c".c. =ailure to co$!ly with the fore&oin& re<uire$ents shall not "e cura"le "y $ere a$end$ent of the co$!laint or other initiatory !leadin& "ut shall "e cause for the dis$issal of the case without !re3udice. $ust "e a*erred. to the "est of his knowled&e. condition o! t2# 3ind" ( /n all a*er$ents of fraud or $istake. which shall include such su!!ortin& !articulars as are !eculiarly within the !leader?s knowled&e. Conditions *r#c#d#nt" 5 /n any !leadin& a &eneral a*er$ent of the !erfor$ance or occurrence of all conditions !recedent shall "e sufficient.Page 8 of 99 ' !leadin& re<uired to "e *erified which contains a *erification "ased on Ainfor$ation and "elief. the !ertinent !ro*isions thereof and their a!!lica"ility to hi$ shall "e clearly and concisely stated. unless otherwise !ro*ided. concise and direct state$ent of the ulti$ate facts on which the !arty !leadin& relies for his clai$ or defense. Ca*acity" ( =acts showin& the ca!acity of a !arty to sue or "e sued or the authority of a !arty to sue or "e sued in a re!resentati*e ca!acity or the le&al e2istence of an or&ani4ed association of !ersons that is $ade a !arty. u!on $otion and after hearin&. S#c". the sa$e shall "e &round for su$$ary dis$issal with !re3udice and shall constitute direct conte$!t.A or u!on Aknowled&e.if there is such other !endin& action or clai$. the circu$stances constitutin& fraud or $istake $ust "e stated with !articularity. shall "e treated as an unsi&ned !leadin&. the !leadin& is not $ade insufficient "y the insufficiency of one or $ore of the alternati*e state$ents. RULE 3 4ANNER O1 4A6ING ALLEGATIONS IN PLEA-INGS S#c"1" In '#n#ral" ( 6*ery !leadin& shall contain in a $ethodical and lo&ical for$. /f the acts of the !arty or his counsel clearly constitute willful and deli"erate foru$ sho!!in&." .". o$ittin& the state$ent of $ere e*identiary facts.+.a. a !lain. /f a defense relied on is "ased on law. infor$ation and "elief. Malice.that he has not theretofore co$$enced any action or filed any clai$ in*ol*in& the sa$e issues in any court. 8hen two or $ore state$ents are $ade in the alternati*e and one of the$ if $ade inde!endently would "e sufficient. as the case $ay "e. either in one cause of action or defense or in se!arate causes of action or defenses. tri"unal or <uasi53udicial a&ency and.days therefro$ to the court wherein his aforesaid co$!laint or initiatory !leadin& has "een filed. 3ista9#.if he should thereafter learn that the sa$e or si$ilar action or clai$ has "een filed or is !endin&." C#rti!ication a'ainst !or%3 s2o**in'" 5 The !laintiff or !rinci!al !arty shall certify under oath in the co$!laint or other initiatory !leadin& assertin& a clai$ for relief. as well as a cause for ad$inistrati*e sanctions. a co$!lete state$ent of the !resent status thereof7 and . S#c"$" 8lt#rnativ# ca%s#s o! action or d#!#ns#s" 5 ' !arty $ay set forth two or $ore state$ents of a clai$ or defense alternati*ely or hy!othetically. Fra%d. shall do so "y s*#ci!ic d#nial.

S#c"1$" Stri9in' o%t o! *l#adin' or 3att#r contain#d t2#r#in" ( :!on $otion $ade "y a !arty "efore res!ondin& to a !leadin& or. which shall "e dee$ed to "e a !art of the !leadin&." -%d'3#nt" ( /n !leadin& a 3ud&$ent or decision of a do$estic or forei&n court. 8here a defendant desires to deny only a !art of an a*er$ent. O!!icial doc%3#nt or act" ( /n !leadin& an official docu$ent or official act.Page 9 of 99 S#c". S#c"7" S#c":" S#c"9" S#c"16" S*#ci!ic d#nial" ( ' defendant $ust s*#ci!y #ac2 3at#rial all#'ation o! !act t2# tr%t2 o! 72ic2 2# do#s not ad3it and. or said co!y $ay with like effect "e set forth in the !leadin&. or of a "oard or officer. unless the court in its discretion re<uires the clai$ant to su"$it e*idence. 'lle&ations of usury in a co$!laint to reco*er usurious interest are dee$ed ad$itted if not denied under oath. and the ori&inal or a co!y thereof shall "e attached to the !leadin& as an e2hi"it. shall set forth the su"stance of the $atters u!on which he relies to su!!ort his denial. 8ction or d#!#ns# as#d on doc%3#nt" ( 8hene*er an action or defense is "ased u!on a written instru$ent or docu$ent. not s#t %* arr#d" 5 ' co$!ulsory counterclai$. the court shall !roceed to render 3ud&$ent &rantin& the clai$ant such relief as his !leadin& $ay warrant.owe*er. #uch rece!tion of e*idence $ay "e dele&ated to the clerk of court. that there is another action !endin& "etween the sa$e !arties for the sa$e cause. shall "e dee$ed ad3itt#d 72#n not s*#ci!ically d#ni#d. u!on $otion of the clai$in& !arty with notice to the defendin& !arty. Co3*%lsory co%nt#rclai3. the court shall dis$iss the clai$. co!ied in or attached to the corres!ondin& !leadin& as !ro*ided in the !recedin& section. it is sufficient to a*er the 3ud&$ent or decision without settin& forth $atter showin& 3urisdiction to render it. i$!ertinent. or scandalous $atter "e stricken out therefro$. the court $ay order any !leadin& to "e stricken out or that any sha$ or false. the &enuineness and due e2ecution of the instru$ent shall "e dee$ed ad$itted unless the ad*erse !arty. Thereu!on. if no res!onsi*e !leadin& is !er$itted "y these 1ules. or u!on the court?s own initiati*e at any ti$e. under oath. i$$aterial. not set u! shall "e "arred. S#c"11" 8ll#'ations not s*#ci!ically d#ni#d d##3#d ad3itt#d" ( Material av#r3#nt in the co$!laint. other than those as to the a$ount of unli<uidated da$a&es. the court shall. or cross(clai3. S#c"$" S#c"&" . and !roof of such failure. 8here a defendant is without knowled&e or infor$ation sufficient to for$ a "elief as to the truth of a $aterial a*er$ent $ade in the co$!laint. it is sufficient to a*er that the docu$ent was issued or the act done in co$!liance with law. and sets forth what he clai$s to "e the facts7 "ut the re<uire$ent of an oath does not a!!ly when the ad*erse !arty does not a!!ear to "e a !arty to the instru$ent or when co$!liance with an order for an ins!ection of the ori&inal instru$ent is refused. or a cross5clai$. he shall so state. D#!a%lt+ d#claration o!" ( /f the defendin& !arty fails to answer within the ti$e allowed therefor. the su"stance of such instru$ent or docu$ent shall "e set forth in the !leadin&. whene*er !ractica"le. . u!on $otion $ade "y a !arty within twenty . declare the defendin& !arty in default. he shall s!ecify so $uch of it as is true and $aterial and shall deny only the re$ainder. Ho7 to cont#st s%c2 doc%3#nts" ( 8hen an action or defense is founded u!on a written instru$ent. or that the action is "arred "y a !rior 3ud&$ent or "y statute of li$itations. RULE 5 E11E%T O1 1AILURE TO PLEAS#c1" D#!#ns#s and o 0#ctions not *l#ad#d" ( -efenses n( o#7ections not "le (e( eithe! in +otion to (is+iss o! in the nswe! !e (ee+e( w i'e(.B0days after the ser*ice of the !leadin& u!on hi$. and this shall ha*e the effect of a denial. when it a!!ears fro$ the !leadin&s or the e*idence on record that the court has no 3urisdiction o*er the su"3ect $atter. redundant. s!ecifically denies the$. 3udicial or <uasi53udicial tri"unal.

RULE 1: A4EN-E. /n such case.Effect of " !ti l (ef ult. . 5 ' !arty in default shall "e entitled to notice of su"se<uent !roceedin&s "ut not to take !art in the trial. and if there is no collusion." . $istake or e2cusa"le ne&li&ence and that he has a $eritorious defense. the court $ay allow the !leadin&s to "e a$ended and shall do so with li"erality if the !resentation of the $erits of the action and the ends of su"stantial 3ustice will "e su"ser*ed there"y. !er$it hi$ to ser*e a su!!le$ental !leadin& settin& forth transactions. e*en after 3ud&$ent7 "ut failure to a$end does not affect the result of the trial of these issues. S%**l#3#ntal *l#adin's" 5 :!on $otion of a !arty the court $ay. 5 /f the defendin& !arty in an action for annul$ent or declaration of nullity of $arria&e or for le&al se!aration fails to answer. and after notice to the ad*erse !arty.a. so that the actual $erits of the contro*ersy $ay s!eedily "e deter$ined. . accident. in the case of a re!ly. The court $ay &rant a continuance to ena"le the a$end$ent to "e $ade.Page 10 of 99 . the court shall order the !rosecutin& attorney to in*esti&ate whether or not a collusion "etween the !arties e2ists. 83#nd3#nts as a 3att#r o! ri'2t" 5 ' !arty $ay a$end his !leadin& once as a $atter of ri&ht at any ti$e "efore a res!onsi*e !leadin& is ser*ed or.AN. u!on reasona"le notice and u!on such ter$s as are 3ust. at any ti$e within ten .Effect of o!(e! of (ef ult. they shall "e treated in all res!ects as if they had "een raised in the !leadin&s.c.days after it is ser*ed. 83#nd3#nt to con!or3 to or a%t2ori?# *r#s#ntation o! #vid#nc#" 5 8hen issues not raised "y the !leadin&s are tried with the e2!ress or i$!lied consent of the !arties. occurrences or e*ents which ha*e S#c" $" S#c" &" S#c" )" S#c" ." S#c" . and in the $ost e2!editious and ine2!ensi*e $anner. !ro*ided no !re3udice is caused there"y to the ad*erse !arty. #uch a$end$ent of the !leadin&s as $ay "e necessary to cause the$ to confor$ to the e*idence and to raise these issues $ay "e $ade u!on $otion of any !arty at any ti$e.SUPPLE4ENTAL PLEA-INGS S#c"1" 83#nd3#nts in '#n#ral" ( )leadin&s $ay "e a$ended "y addin& or strikin& out an alle&ation or the na$e of any !arty. /f e*idence is o"3ected to at the trial on the &round that it is not within the issues $ade "y the !leadin&s. without re&ard to technicalities.E8tent of !elief to #e w !(e(.".l0. . and an o!!ortunity to "e heard. to inter*ene for the #tate in order to see to it that the e*idence su"$itted is not fa"ricated. 9rders of the court u!on the $atters !ro*ided in this section shall "e $ade u!on $otion filed in court.Relief f!o+ o!(e! of (ef ult. 5 ' !arty declared in default $ay at any ti$e after notice thereof and "efore 3ud&$ent file a $otion under oath to set aside the order of default u!on !ro!er showin& that his failure to answer was due to fraud. su"stantial a$end$ents $ay "e $ade only u!on lea*e of court.e. 83#nd3#nts y l#av# o! co%rt" 5 62ce!t as !ro*ided in the ne2t !recedin& section.9he!e no (ef ults llowe(. so$e of who$ answer and the others fail to do so. the order of default $ay "e set aside on such ter$s and conditions as the 3ud&e $ay i$!ose in the interest of 3ustice. 5 ' 3ud&$ent rendered a&ainst a !arty in default shall not e2ceed the a$ount or "e different in kind fro$ that !rayed for nor award unli<uidated da$a&es. For3al a3#nd3#nts" 5 ' defect in the desi&nation of the !arties and other clearly clerical or ty!o&ra!hical errors $ay "e su$$arily corrected "y the court at any sta&e of the action. But such lea*e $ay "e refused if it a!!ears to the court that the $otion was $ade with intent to delay. 5 8hen a !leadin& assertin& a clai$ states a co$$on cause of action a&ainst se*eral defendin& !arties. at its initiati*e or on $otion.d. or "y correctin& a $istake in the na$e of a !arty or a $istaken or inade<uate alle&ation or descri!tion in any other res!ect. . the court shall try the case a&ainst all u!on the answers thus filed and render 3ud&$ent u!on the e*idence !resented.

and a$ended co$!laint5in5inter*ention. the defendant shall answer the sa$e within fifteen . Sec.). R#*ly" 5 ' re!ly $ay "e filed within ten . 8ns7#r to t2ird <!o%rt2.10. 8ns7#r to s%**l#3#ntal co3*laint" 5 ' su!!le$ental co$!laint $ay "e answered within ten . etc.-5 !arty co$!laint shall "e &o*erned "y the sa$e rule as the answer to the co$!laint. 3. incor!oratin& the a$end$ents. "e !resented as a counterclai$ or a cross5clai$ "y su!!le$ental !leadin& "efore 3ud&$ent. .owe*er. etc.10.days fro$ notice of the order ad$ittin& the sa$e. S#c" &" Sec.l+. 'n answer earlier filed $ay ser*e as the answer to the a$ended co$!laint if no new answer is filed. Sec. unless a different !eriod is fi2ed "y the court.days fro$ notice of the order ad$ittin& the sa$e. The answer to the co$!laint shall ser*e as the answer to the su!!le$ental co$!laint if no new or su!!le$ental answer is filed. or when 3ustice re<uires. 5 ' counterclai$ or a cross5clai$ which either $atured or was ac<uired "y a !arty after ser*in& his !leadin& $ay.days after ser*ice of su$$ons.days after "ein& ser*ed with a co!y thereof. a$ended cross5clai$. the defendant shall answer the a$ended co$!laint within ten .fourth. a new co!y of the entire !leadin&. a$ended third . O+itte( counte!cl i+ o! c!oss-cl i+. 8ns7#r to a3#nd#d co3*laint" ( 8here the !laintiff files an a$ended co$!laint as a $atter of ri&ht. Sec. #tc"=( *arty co3*laint" 5 The ti$e to answer a third .fourth. with the !er$ission of the court. he $ay. ad$issions in su!erseded !leadin&s $ay "e recei*ed in e*idence a&ainst the !leader7 and clai$s or defenses alle&ed therein not incor!orated in the a$ended !leadin& shall "e dee$ed wai*ed.days after recei!t of su$$ons "y such entity.days fro$ ser*ice. S#c" 7" Filin' o! a3#nd#d *l#adin's" 5 8hen any !leadin& is a$ended. 8ns7#r to co%nt#rclai3 or cross(clai3" 5 ' counterclai$ or cross5clai$ $ust "e answered within ten . 5 'n a$ended !leadin& su!ersedes the !leadin& that it a$ends. This 1ule shall a!!ly to the answer to an a$ended counterclai$.5.EN TO 1ILE RESPONSIVE PLEA-INGS S#c"1" 8ns7#r to t2# co3*laint" ( The defendant shall file his answer to the co$!laint within fifteen .1:.days fro$ notice of the order ad$ittin& the su!!le$ental !leadin&. inad*ertence.3. the answer shall "e filed within thirty . Sec. RULE 11 9..7. S#c"$" 8ns7#r o! a d#!#ndant !or#i'n *rivat# 0%ridical #ntity" ( 8here the defendant is a forei&n !ri*ate 3uridical entity and ser*ice of su$$ons is $ade on the &o*ern$ent official desi&nated "y law to recei*e the sa$e.10.Page 11 of 99 ha!!ened since the date of the !leadin& sou&ht to "e su!!le$ented. .!arty co$!laint. Sec. %ounte!cl i+ o! c!oss-cl i+ !isin& fte! nswe!.10.l+.. 8here its filin& is not a $atter of ri&ht. Sec. or e2cusa"le ne&lect. The ad*erse !arty $ay !lead thereto within ten . set u! the counterclai$ or cross5clai$ "y a$end$ent "efore 3ud&$ent. 0. E@istin' co%nt#rclai3 or cross(clai3" 5 ' co$!ulsory counterclai$ or a cross5clai$ that a defendin& !arty has at the ti$e he files his answer shall "e contained therein. 5 8hen a !leader fails to set u! a counterclai$ or a cross5clai$ throu&h o*ersi&ht.days fro$ ser*ice of the !leadin& res!onded to. shall "e filed. which shall "e indicated "y a!!ro!riate $arks. Sec. unless a different !eriod is fi2ed "y the court. Effect of +en(e( "le (in&s.10. "y lea*e of court.*.

the $o*in& !arty $ay file his res!onsi*e !leadin& within the !eriod to which he was entitled at the ti$e of filin& his $otion. !leadin&s." Stay o! *#riod to !il# r#s*onsiv# *l#adin'" 5 'fter ser*ice of the "ill of !articulars or of a $ore definite !leadin&. 5 ' "ill of !articulars "eco$es !art of the !leadin& for which it is intended. RULE 1$ 1ILING AN. 3ud&$ents and all other !a!ers shall "e $ade "y !resentin& the ori&inal co!ies thereof. or any other !a!ers or !ay$ents or de!osits. S#c" &" /ann#r o! !ilin'" 5 The filin& of !leadin&s. /n the first case. /n the second case. Sec. e2ce!t those for which a different $ode of ser*ice is !rescri"ed. d#!in#d" 5 =ilin& is the act of !resentin& the !leadin& or other !a!er to the clerk of court. ser*ice u!on hi$ shall "e $ade u!on his counsel or one of the$. a!!earances.OT. The en*elo!e shall "e attached to the record of the case. !ersonally to the clerk of court or "y sendin& the$ "y re&istered $ail. RULE 12 <ILL O1 PARTI%ULARS S#c"1" 12#n a**li#d !or+ *%r*os#" 5 Before res!ondin& to a !leadin&. /f any !arty has a!!eared "y counsel. unless a different !eriod is fi2ed "y the court. the clerk of court $ust i$$ediately "rin& it to the attention of the court which $ay either deny or &rant it outri&ht. allow an answer or other !leadin& to "e filed after the ti$e fi2ed "y these 1ules. !ay$ent. /f the !leadin& is a re!ly. a !arty $ay $o*e for a definite state$ent or for a "ill of !articulars of any $atter which is not a*erred with sufficient definiteness or !articularity to ena"le hi$ !ro!erly to !re!are his res!onsi*e !leadin&. the $otion $ust "e filed within ten .11. S#c" . the clerk of court shall endorse on the !leadin& the date and hour of filin&. the co$!liance therewith $ust "e effected within ten .days fro$ ser*ice thereof. !lainly indicated as such. E8tension of ti+e to "le (. and the details desired.days in any e*ent. which shall not "e less than fi*e . or allow the !arties the o!!ortunity to "e heard. unless ser*ice u!on the !arty hi$self is ordered "y the court. or after notice of denial of his $otion.Page 12 of 99 Sec. Co3*lianc# 7it2 ord#r" 5 /f the $otion is &ranted. ser*in& a co!y thereof on the ad*erse !arty. either in whole or in !art.l0.ER PAPERS S#c"1" Cov#ra'#" 5 This 1ule shall &o*ern the filin& of all !leadin&s and other !a!ers. the date of the $ailin& of $otions. The "ill of !articulars or a $ore definite state$ent ordered "y the court $ay "e filed either in a se!arate or in an a$ended !leadin&. The court $ay also. <ill " !t of "le (in&. S#c" $" S#c" &" S#c" )" E!!#ct o! non(co3*lianc#" 5 /f the order is not o"eyed. shall "e considered as the date of their filin&. 8ction y t2# co%rt" 5 :!on the filin& of the $otion. notices. u!on like ter$s. or in case of insufficient co$!liance therewith. the court $ay order the strikin& out of the !leadin& or the !ortions thereof to which the order was directed or $ake such other order as it dee$s 3ust.days fro$ notice of the order. or de!osit in court. as well as the ser*ice thereof. #uch $otion shall !oint out the defects co$!lained of. S#c" $" . orders. 8here one counsel a!!ears for se*eral !arties.SERVI%E O1 PLEA-INGS= >U-G4ENTS AN. #er*ice is the act of !ro*idin& a !arty with a co!y of the !leadin& or !a!er concerned. he shall only "e entitled to one co!y of any !a!er ser*ed u!on hi$ "y the o!!osite side. Filin' and s#rvic#..10. the court $ay e2tend the ti$e to !lead !ro*ided in these 1ules.+. . $otions. the !ara&ra!hs wherein they are contained. 5 :!on $otion and on such ter$s as $ay "e 3ust. as shown "y the !ost office sta$! on the en*elo!e or the re&istry recei!t.

notices. and ser*ed u!on the !arties affected. $ay record in the office of the re&istry of deeds of the . /f it is not in the record.10. final orders or resolutions a&ainst hi$ shall "e ser*ed u!on hi$ also "y !u"lication at the e2!ense of the !re*ailin& !arty.l0.+. Prioriti#s in 3od#s o! s#rvic# and !ilin'" 5 8hene*er !ractica"le. or the official return of the ser*er. orders. /f ser*ice is $ade "y re&istered $ail. Co3*l#t#n#ss o! s#rvic#" 5 )ersonal ser*ice is co$!lete u!on actual deli*ery. then "y lea*in& the co!y. final orders or resolutions shall "e ser*ed either !ersonally or "y re&istered $ail. "ut is clai$ed to ha*e "een filed !ersonally. the office and !lace of residence of the !arty or his counsel "ein& unknown. notices." S#c"7" S#c":" S#c"9" S#c"16 S#c"11 S#c" 1$" Proo! o! !ilin'" 5 The filin& of a !leadin& or !a!er shall "e !ro*ed "y its e2istence in the record of the case. if known.days fro$ the date he recei*ed the first notice of the !ost$aster. at the !arty?s or counsel?s residence. /f the ser*ice is "y ordinary $ail. /f no re&istry ser*ice is a*aila"le in the locality of either the sender or the addressee. ser*ice $ay "e done "y ordinary $ail. and with instructions to the !ost$aster to return the $ail to the sender after ten . the filin& shall "e !ro*ed "y the written or sta$!ed acknowled&$ent of its filin& "y the clerk of court on a co!y of the sa$e7 if filed "y re&istered $ail. "etween the hours of ei&ht in the $ornin& and si2 in the e*enin&.1). S#rvic# o! 0%d'3#nts. a resort to other $odes $ust "e acco$!anied "y a written e2!lanation why the ser*ice or filin& was not done !ersonally. 3ud&$ents and other !a!ers shall "e $ade either !ersonally or "y $ail. ' *iolation of this 1ule $ay "e cause to consider the !a!er as not filed. with !osta&e fully !re5!aid. 8hen a !arty su$$oned "y !u"lication has failed to a!!ear in the action. or the affida*it of the !arty ser*in&. Sec.Page 13 of 99 S#c")" Pa*#rs r#A%ir#d to # !il#d and s#rv#d" 5 6*ery 3ud&$ent. 62ce!t with res!ect to !a!ers e$anatin& fro$ the court. the !laintiff and the defendant. !leadin& su"se<uent to the co$!laint. /f no !erson is found in his office. containin& a full state$ent of the date and !lace of de!ositin& the $ail in the !ost office in a sealed en*elo!e addressed to the court. or in lieu thereof the unclai$ed letter to&ether with the certified or sworn co!y of the notice &i*en "y the !ost$aster to the addressee. "y the re&istry recei!t and "y the affida*it of the !erson who did the $ailin&. $otions. the ser*ice and filin& of !leadin&s and other !a!ers shall "e done !ersonally. P#rsonal s#rvic#" 5 #er*ice of the !a!ers $ay "e $ade "y deli*erin& !ersonally a co!y to the !arty or his counsel. S#rvic# y 3ail" 5 #er*ice "y re&istered $ail shall "e $ade "y de!ositin& the co!y in the office. with a !erson of sufficient a&e and discretion then residin& therein. or he has no office. $otions. The re&istry return card shall "e filed i$$ediately u!on its recei!t "y the sender. or after fi*e . S% stit%t#d s#rvic#" 5 /f ser*ice of !leadin&s. with !osta&e fully !re!aid. notice. in a sealed en*elo!e. when affir$ati*e relief is clai$ed in his answer. #er*ice "y ordinary $ail is co$!lete u!on the e2!iration of ten . ser*ice $ay "e $ade "y deli*erin& the co!y to the clerk of court. written $otion. order. resolution. Notice of lis "en(ens.10. #er*ice "y re&istered $ail is co$!lete u!on actual recei!t "y the addressee. otherwise at his residence. and with instructions to the !ost$aster to return the $ail to the sender after ten . !lainly addressed to the !arty or his counsel at his office. /od#s o! s#rvic#" 5 #er*ice of !leadin&s. with !roof of failure of "oth !ersonal ser*ice and ser*ice "y $ail. if known.days after $ailin&. !inal ord#rs or r#sol%tions" 5 Jud&$ents. de$and. The ser*ice is co$!lete at the ti$e of such deli*ery. unless the court otherwise !ro*ides. offer of 3ud&$ent or si$ilar !a!ers shall "e filed with the court. 3ud&$ents. !roof thereof shall consist of an affida*it of the !erson $ailin& of facts showin& co$!liance with section 7 of this 1ule.days if not deli*ered." S#c" . or his office is not known. orders and other !a!ers cannot "e $ade under the two !recedin& sections. a!!earance. resolutions. !lace and $anner of ser*ice. or "y lea*in& it in his office with his clerk or with a !erson ha*in& char&e thereof. containin& a full state$ent of the date. 5 /n an action affectin& the title or the ri&ht of !ossession of real !ro!erty. S#c". !roof shall "e $ade "y such affida*it and the re&istry recei!t issued "y the $ailin& office. if known.days if undeli*ered. whiche*er date is earlier. S#c" 1&" Proo! o! s#rvic#" 5 )roof of !ersonal ser*ice shall consist of a written ad$ission of the !arty ser*ed.

c. or. or that it is not necessary to !rotect the ri&hts of the !arty who caused it to "e recorded." S#c". the clerk of court shall forthwith issue the corres!ondin& su$$ons to the defendants.days therefro$. to the !laintiff?s counsel. or . Sec. or if the su$$ons has "een lost. and shall return the su$$ons to the clerk who issued it. the clerk." S#c"7" S#c" :" . if any. statin& the reasons for the failure of ser*ice. %ontents. S#rvic# %*on #ntity 7it2o%t 0%ridical *#rsonality" 5 8hen !ersons associated in an entity without 3uridical !ersonality are sued under the na$e "y which they are &enerally or co$$only known.a. within fi*e . ser*e a co!y of the return."y lea*in& co!ies of the su$$ons at the defendant?s residence with so$e !erson of suita"le a&e and discretion then residin& therein.". the ser*er shall. Iss%anc# o! alias s%33ons" 5 /f a su$$ons is returned without "ein& ser*ed on any or all of the defendants.+. or u!on the !erson in char&e of the office or !lace of "usiness $aintained in such na$e. "e dee$ed to ha*e constructi*e notice of the !endency of the action. and only of its !endency a&ainst the !arties desi&nated "y their real na$es. ' co!y of the co$!laint and order for a!!oint$ent of &uardian ad lite$.Page 14 of 99 !ro*ince in which the !ro!erty is situated a notice of the !endency of the action. after !ro!er showin& that the notice is for the !ur!ose of $olestin& the ad*erse !arty. the su$$ons shall "e ser*ed "y handin& a co!y thereof to the defendant in !erson. The notice of lis !endens hereina"o*e $entioned $ay "e cancelled only u!on order of the court. ser*ice $ay "e effected u!on all the defendants "y ser*in& u!on any one of the$. S% stit%t#d s#rvic#" 5 /f. /n such a case. 9nly fro$ the ti$e of filin& such notice for record shall a !urchaser. $ay issue an alias su$$ons. or for 3ustifia"le reasons "y any suita"le !erson authori4ed "y the court issuin& the su$$ons. R#t%rn" 5 8hen the ser*ice has "een co$!leted. for 3ustifia"le causes. if he refuses to recei*e and si&n for it. or encu$"rancer of the !ro!erty affected there"y."y lea*in& the co!ies at defendant?s office or re&ular !lace of "usiness with so$e co$!etent !erson in char&e thereof.a notice that unless the defendant so answers.the na$e of the court and the na$es of the !arties to the action7 . his de!uty. the defendant cannot "e ser*ed within a reasona"le ti$e as !ro*ided in the !recedin& section. S#rvic# in *#rson on d#!#ndant" 5 8hene*er !ractica"le. on de$and of the !laintiff.a. 5 The su$$ons shall "e directed to the defendant. S#c" &" S#c" )" >y 72o3 s#rv#d" 5 The su$$ons $ay "e ser*ed "y the sheriff. shall "e attached to the ori&inal and each co!y of the su$$ons. %le!? to issue su++ons.+.days therefro$. acco$!anied "y !roof of ser*ice. and contain0 . or other !ro!er court officer. the ser*er shall also ser*e a co!y of the return on the !laintiff?s counsel.2 S#c" . u!on due notice. "een se*ered "efore the action was "rou&ht. within fi*e . si&ned "y the clerk of court under seal. !ersonally or "y re&istered $ail.1.a direction that the defendant answer within the ti$e fi2ed "y these 1ules7 . !laintiff will take 3ud&$ent "y default and $ay "e &ranted the relief a!!lied for. and a descri!tion of the !ro!erty in that !ro*ince affected there"y. ser*ice $ay "e effected . But such ser*ice shall not "ind indi*idually any !erson whose connection with the entity has. "y tenderin& it to hi$. RULE 1) SU44ONS Sec. #aid notice shall contain the na$es of the !arties and the o"3ect of the action or defense.". 5 :!on the filin& of the co$!laint and the !ay$ent of the re<uisite le&al fees.

on the &o*ern$ent official desi&nated "y law to that effect. #ec. /n the case of a $inor. #ec. 8hen the defendant is a forei&n !ri*ate 3uridical entity which has transacted "usiness in the )hili!!ines. #ec. 1C. $ana&in& !artner. 1D. #er*ice u!on defendant whose identity or wherea"outs are unknown. #ec. "y lea*e of court. "ut who is te$!orarily out of it. "y lea*e of court. #ec. "e effected u!on hi$ "y !u"lication in a news!a!er of &eneral circulation and in such !laces and for such ti$e as the court $ay order. and the action affects the !ersonal status of the !laintiff or relates to. within which the defendant $ust answer. u!on his &uardian ad lite$ whose a!!oint$ent shall "e a!!lied for "y the !laintiff. ser*ice $ay "e effected on the #olicitor >eneral7 in case of a !ro*ince. treasurer. #er*ice u!on forei&n !ri*ate 3uridical entity. ser*ice $ay also "e $ade on his father or $other. 1esidents te$!orarily out of the )hili!!ines. 8hen the defendant is the 1e!u"lic of the )hili!!ines. ser*ice $ay "e $ade on the !resident. ser*ice $ay "e effected on its e2ecuti*e head. . ser*ice shall "e $ade u!on hi$ !ersonally and on his le&al &uardian if he has one. 11.1:. cor!orate secretary. or. "e also effected out of the )hili!!ines. 1B. ser*ice $ay. in e2cludin& the defendant fro$ any interest therein. if there "e no such a&ent. &eneral $ana&er. Sec. in which the defendant has or clai$s a lien or interest. or the su"3ect of which is. insane or otherwise an inco$!etent. "e effected out of the )hili!!ines "y !ersonal ser*ice as under section D7 or "y !u"lication in a news!a!er of &eneral circulation in such !laces and for such ti$e as the court $ay order. 1 . 17. 5 8hen the defendant is a $inor.Page 15 of 99 S#c"9" S#rvic# %*on *rison#rs" 5 8hen the defendant is a !risoner confined in a 3ail or institution. which shall not "e less than si2ty . 8hen the defendant does not reside and is not found in the )hili!!ines. ser*ice $ay. Se!'ice u"on +ino!s n( inco+"etents. !ro!erty within the )hili!!ines. ser*ice $ay. in which case a co!y of the su$$ons and order of the court shall "e sent "y re&istered $ail to the last known address of the defendant. actual or contin&ent. or the like. or like !u"lic cor!orations. or on such other officer or officers as the law or the court $ay direct. #ec. or in any other $anner the court $ay dee$ sufficient. ser*ice $ay "e $ade on its resident a&ent desi&nated in accordance with law for that !ur!ose. or in5house counsel.days after notice. or if none. or in which the relief de$anded consists. #er*ice u!on do$estic !ri*ate 3uridical entity.D0. #ec. as under the !recedin& section. 1+. or whene*er his wherea"outs are unknown and cannot "e ascertained "y dili&ent in<uiry. 'ny order &rantin& such lea*e shall s!ecify a reasona"le ti$e. Eea*e of court. wholly or in !art. or on any of its officers or a&ents within the )hili!!ines. #er*ice u!on !u"lic cor!orations. ser*ice shall "e effected u!on hi$ "y the officer ha*in& the $ana&e$ent of such 3ail or institution who is dee$ed de!uti4ed as a s!ecial sheriff for said !ur!ose. "y lea*e of court. 8hen any action is co$$enced a&ainst a defendant who ordinarily resides within the )hili!!ines. or the !ro!erty of the defendant has "een attached within the )hili!!ines. 62traterritorial ser*ice. city or $unici!ality. 8hen the defendant is a cor!oration. /n any action where the defendant is desi&nated as an unknown owner. !artnershi! or association or&ani4ed under the laws of the )hili!!ines with a 3uridical !ersonality.

C. e*ery written $otion shall "e set for hearin& "y the a!!licant. Notice of hearin&.oluntary a!!earance. RULE 1* 4OTIONS #ection 1. . "usiness or ad*ertisin& $ana&er. B0. )roof of ser*ice "y !u"lication. /f the ser*ice has "een $ade "y !u"lication.days "efore the date of hearin&. settin& forth the &rounds for the a!!lication. shall "e acco$!anied "y su!!ortin& affida*its and other !a!ers. !osta&e !re!aid. Motion defined.earin& of $otion. #ec. his fore$an or !rinci!al clerk. 'll $otions shall "e in writin& e2ce!t those $ade in o!en court or in the course of a hearin& or trial. to which affida*it a co!y of the !u"lication shall "e attached. ' $otion is an a!!lication for relief other than "y a !leadin&. 18. and if re<uired "y these 1ules or necessary to !ro*e facts alle&ed therein. #ec. and "y an affida*it showin& the de!osit of a co!y of the su$$ons and order for !u"lication in the !ost office. ' $otion shall state the relief sou&ht to "e o"tained and the &rounds u!on which it is "ased. #ec. . ser*ice $ay "e !ro*ed "y the affida*it of the !rinter. or of the editor. B. !lace. #ec. The defendant?s *oluntary a!!earance in the action shall "e e<ui*alent to ser*ice of su$$ons. directed to the defendant "y re&istered $ail to his last known address. unless the court for &ood cause sets the hearin& on shorter notice. The !roof of ser*ice of a su$$ons shall "e $ade in writin& "y the ser*er and shall set forth the $anner. .Page 16 of 99 'ny a!!lication to the court under this 1ule for lea*e to effect ser*ice in any $anner for which lea*e of court is necessary shall "e $ade "y $otion in writin&. Motions $ust "e in writin&. #ec. 6*ery written $otion re<uired to "e heard and the notice of the hearin& thereof shall "e ser*ed in such a $anner as to ensure its recei!t "y the other !arty at least three . 62ce!t for $otions which the court $ay act u!on without !re3udicin& the ri&hts of the ad*erse !arty. . #ec. )roof of ser*ice. %ontents. and date of ser*ice7 shall s!ecify any !a!ers which ha*e "een ser*ed with the !rocess and the na$e of the !erson who recei*ed the sa$e7 and shall "e sworn to when $ade "y a !erson other than a sheriff or his de!uty. #ec. The inclusion in a $otion to dis$iss of other &rounds aside fro$ lack of 3urisdiction o*er the !erson of the defendant shall not "e dee$ed a *oluntary a!!earance. su!!orted "y affida*it of the !laintiff or so$e !erson on his "ehalf. 19. +. .

si&nature. 3ud&$ent. a $otion to dis$iss $ay "e $ade on any of the followin& &rounds0 . #u"3ect to the !ro*isions of section 1 of 1ule 9. 8. =or$.That there is another action pending "etween the sa$e !arties for the sa$e cause7<litis *#nd#ntia= .h. in the afternoon of the ne2t workin& day.That a condition precedent for filin& the clai$ has not "een co$!lied with.That the court has no jurisdiction o*er the person of the defendin& !arty7 . #ec.e.That the clai$ on which the action is founded is unenforcea"le under the !ro*isions of the statute of frauds7 and . 9.That the !leadin& assertin& the clai$ states no cause of action7 . #ec. )roof of ser*ice necessary.a.&.3.ro%nds" 5 8ithin the ti$e for "ut "efore filin& the answer to the co$!laint or !leadin& assertin& a clai$. D. wai*ed. a"andoned. and all o"3ections not so included shall "e dee$ed wai*ed. No written $otion set for hearin& shall "e acted u!on "y the court without !roof of ser*ice thereof. and shall s!ecify the ti$e and date of the hearin& which $ust not "e later than ten .days after the filin& of the $otion. Motion day. or !roceedin& shall include all o"3ections then a*aila"le.i.c. 1:E6 1D M9T/9N T9 @/#M/## S#ction 1" .10.That venue is i$!ro!erly laid7 . or if =riday is a non5workin& day. #ec. 7. order. desi&nation.". #ec.f. 10. and other $atters of for$.d.That the !laintiff has no legal capacity to sue7 .That the clai$ or de$and set forth in the !laintiff?s !leadin& has "een !aid. a $otion attackin& a !leadin&. 9$ni"us $otion.That the cause of action is "arred "y a !rior 3ud&$ent or "y the statute of li$itations7<r#s 0%dicata= .That the court has no jurisdiction o*er the subject $atter of the clai$7 . ' $otion for lea*e to file a !leadin& or $otion shall "e acco$!anied "y the !leadin& or $otion sou&ht to "e ad$itted. 62ce!t for $otions re<uirin& i$$ediate action. The 1ules a!!lica"le to !leadin&s shall a!!ly to written $otions so far as concerns ca!tion. <*r#3at%r#= . Motion for lea*e.Page 17 of 99 The notice of hearin& shall "e addressed to all !arties concerned. all $otions shall "e scheduled for hearin& on =riday afternoons. #ec. or otherwise extinguished7 .

a !reli$inary hearin& $ay "e had thereon as if a $otion to dis$iss had "een filed. or order the a$end$ent of the !leadin&. the $o*ant shall file his answer within the "alance of the !eriod !rescri"ed "y 1ule 11 to which he was entitled at the ti$e of ser*in& his $otion. :nless otherwise stated in the notice. unless otherwise declared "y the court. . or to co$!ly with these 1ules or any order of the court. the e*idence !resented durin& the hearin& shall auto$atically "e !art of the e*idence of the !arty !resentin& the sa$e. S#c"&" R#sol%tion o! 3otion" 5 'fter the hearin&.1+. in the discretion of the court.+. unless the court !ro*ides a lon&er !eriod. /f a counterclai$ has "een !leaded "y a defendant !rior to the ser*ice u!on hi$ of the !laintiff?s $otion for dis$issal. #hould the case &o to trial. an order &rantin& a $otion to dis$iss "ased on !ara&ra!hs . #ec. )leadin& &rounds as affir$ati*e defenses.f-. the court $ay dis$iss the action or clai$. The dis$issal shall "e without !re3udice to the ri&ht of the defendant to !rosecute his counterclai$ in a se!arate action unless within fifteen . the co$!laint $ay "e dis$issed u!on $otion of the defendant or u!on the court?s own $otion. D. /f the !leadin& is ordered to "e a$ended. . e2ce!t that a notice o!erates as an ad3udication u!on the $erits when filed "y a !laintiff who has once dis$issed in a co$!etent court an action "ased on or includin& the sa$e clai$.days in any e*ent.of section 1 hereof shall "ar the refilin& of the sa$e action or clai$. 5 #u"3ect to the ri&ht of a!!eal. "ut not less than fi*e . for no 3ustifia"le cause. he shall file his answer within the !eriod !rescri"ed "y 1ule 11 counted fro$ ser*ice of the a$ended !leadin&. without !re3udice to the ri&ht of the defendant to !rosecute his counterclai$ in the sa$e or in a se!arate action. +. The dis$issal of the co$!laint under this section shall "e without !re3udice to the !rosecution in the sa$e or se!arate action of a counterclai$ !leaded in the answer. :nless otherwise s!ecified in the order. any of the &rounds for dis$issal !ro*ided for in this 1ule $ay "e !leaded as an affir$ati*e defense in the answer and. . the court shall issue an order confir$in& the dis$issal. ' class suit shall not "e dis$issed or co$!ro$ised without the a!!ro*al of the court. @is$issal due to fault of !laintiff. S#c" $" Dis3issal %*on 3otion o! *lainti!!" 5 62ce!t as !ro*ided in the !recedin& section. S#c" )" Ti3# to *l#ad" 5 /f the $otion is denied. the !laintiff fails to a!!ear on the date of the !resentation of his e*idence in chief on the co$!laint. RULE 17 -IS4ISSAL O1 A%TIONS S#ction 1" Dis3issal %*on notic# y *lainti!!" 5 ' co$!laint $ay "e dis$issed "y the !laintiff "y filin& a notice of dis$issal at any ti$e "efore ser*ice of the answer or of a $otion for su$$ary 3ud&$ent. deny the $otion. 5 /f no $otion to dis$iss has "een filed. #ec.days fro$ notice of the $otion he $anifests his !reference to ha*e his counterclai$ resol*ed in the sa$e action. a dis$issal under this !ara&ra!h shall "e without !re3udice. co$!uted fro$ his recei!t of the notice of the denial. a co$!laint shall not "e dis$issed at the !laintiff?s instance sa*e u!on a!!ro*al of the court and u!on such ter$s and conditions as the court dee$s !ro!er. #ec. The court shall not defer the resolution of the $otion for the reason that the &round relied u!on is not indu"ita"le. the dis$issal is without !re3udice. This dis$issal shall ha*e the effect of an ad3udication u!on the $erits.Page 18 of 99 S#c" $" H#arin' o! 3otion" 5 't the hearin& of the $otion.i. the resolution shall state clearly and distinctly the reasons therefor. the dis$issal shall "e li$ited to the co$!laint. the !arties shall su"$it their ar&u$ents on the <uestions of law and their e*idence on the <uestions of fact in*ol*ed e2ce!t those not a*aila"le at that ti$e. 6ffect of dis$issal. /f. or to !rosecute his action for an unreasona"le len&th of ti$e.hand . /n e*ery case. :!on such notice "ein& filed.

cross5clai$.a.".i. or third5!arty co$!laint. if there is none. a$on& others0 . or third5!arty co$!laint. The counsel ser*ed with such notice is char&ed with the duty of notifyin& the !arty re!resented "y hi$. or of dis$issin& the action should a *alid &round therefor "e found to e2ist7 .The !ro!riety of renderin& 3ud&$ent on the !leadin&s. D. S#c" )" 8**#aranc# o! *arti#s" 5 /t shall "e the duty of the !arties and their counsel to a!!ear at the !re5trial.h. S#c" &" 5otic# o! *r#(trial" 5 The notice of !re5trial shall "e ser*ed on counsel. and to enter into sti!ulations or ad$issions of facts and of docu$ents. 5 The !re5trial is $andatory.The li$itation of the nu$"er of witnesses7 . cross5clai$. . their res!ecti*e !re5trial "riefs which shall contain. The non5 a!!earance of a !arty $ay "e e2cused only if a *alid cause is shown therefor or if a re!resentati*e shall a!!ear in his "ehalf fully authori4ed in writin& to enter into an a$ica"le settle$ent.The !ossi"ility of an a$ica"le settle$ent or of a su"$ission to alternati*e $odes of dis!ute resolution7 . ' si$ilar failure on the !art of the defendant shall "e cause to allow the !laintiff to !resent his e*idence e2 !arte and the court to render 3ud&$ent on the "asis thereof.The ad*isa"ility or necessity of sus!endin& the !roceedin&s7 and . in such $anner as shall ensure their recei!t thereof at least three .days "efore the date of the !re5trial.The !ossi"ility of o"tainin& sti!ulations or ad$issions of facts and of docu$ents to a*oid unnecessary !roof7 . unless otherwise ordered "y the court. it shall "e the duty of the !laintiff to !ro$!tly $o*e e2 !arte that the case "e set for !re5trial.The si$!lification of the issues7 .The necessity or desira"ility of a$end$ents to the !leadin&s7 . #ec.The ad*isa"ility of a !reli$inary reference of issues to a co$$issioner7 .e.f. Nature and !ur!ose." E!!#ct o! !ail%r# to a**#ar" 5 The failure of the !laintiff to a!!ear when so re<uired !ursuant to the ne2t !recedin& section shall "e cause for dis$issal of the action. ' *oluntary dis$issal "y the clai$ant "y notice as in section 1 of this 1ule. )re5trial "rief. B.c. S#c" .d.Page 19 of 99 #ec. or on the !arty who has no counsel. to su"$it to alternati*e $odes of dis!ute resolution. @is$issal of counterclai$.&. The !arties shall file with the court and ser*e on the ad*erse !arty. C. "efore the introduction of e*idence at the trial or hearin&. 1:E6 18 )165T1/'E S#ction 1" 12#n cond%ct#d" 5 'fter the last !leadin& has "een ser*ed and filed. #ec. The !ro*isions of this 1ule shall a!!ly to the dis$issal of any counterclai$. shall "e $ade "efore a res!onsi*e !leadin& or a $otion for su$$ary 3ud&$ent is ser*ed or. The court shall consider0 .#uch other $atters as $ay aid in the !ro$!t dis!osition of the action. or su$$ary 3ud&$ent. The dis$issal shall "e with !re3udice.

). 7. )reference shall "e &i*en to ha"eas cor!us cases.The inter*enor shall file a co$!laint5in5inter*ention if he asserts a clai$ a&ainst either or all of the ori&inal !arties. 1ecord of !re5trial. 5 The assi&n$ent of cases to the different "ranches of a court shall "e done e2clusi*ely "y raffle. Assi&n+ent of c ses. and those with $otions to set for hearin&.' su$$ary of ad$itted facts and !ro!osed sti!ulation of facts7 .' $anifestation of their ha*in& a*ailed or their intention to a*ail the$sel*es of disco*ery !rocedures or referral to co$$issioners7 and . :!on the ter$ination thereof. the a$end$ents allowed to the !leadin&s. Ti+e to inte!'ene. =ailure to file the !re5trial "rief shall ha*e the sa$e effect as failure to a!!ear at the !re5trial. and the su"stance of their res!ecti*e testi$onies. unless $odified "efore trial to !re*ent $anifest in3ustice.The $otion to inter*ene $ay "e filed at any ti$e "efore rendition of 3ud&$ent "y the trial court. and the a&ree$ents or ad$issions $ade "y the !arties as to any of the $atters considered. #ec. Answe! to co+"l int-in-inte!'ention. with lea*e of court. RULE 2: %ALEN-AR O1 %ASES Section 1.f. Sec. Ple (in&s-in-inte!'ention. statin& the !ur!ose thereof7 . RULE 15 INTERVENTION Section 1. The !roceedin&s in the !re5trial shall "e recorded. the order shall e2!licitly define and li$it the issues to "e tried. .' state$ent of their willin&ness to enter into a$ica"le settle$ent or alternati*e $odes of dis!ute resolution. 2. 5 ' !erson who has a le&al interest in the $atter in liti&ation. $. shall kee! a calendar of cases for !re5trial. election cases. 9ho + 2 inte!'ene. The assi&n$ent shall "e done in o!en session of which ade<uate notice shall "e &i*en so as to afford interested !arties the o!!ortunity to "e !resent. or is so situated as to "e ad*ersely affected "y a distri"ution or other dis!osition of !ro!erty in the custody of the court or of an officer thereof $ay. Sec. The court shall consider whether or not the inter*ention will unduly delay or !re3udice the ad3udication of the ri&hts of the ori&inal !arties. unless a different !eriod is fi2ed "y the court.d.The issues to "e tried or resol*ed7 .e. or an answer5in5inter*ention if he unites with the defendin& !arty in resistin& a clai$ a&ainst the latter. ' co!y of the !leadin&5in5inter*ention shall "e attached to the $otion and ser*ed on the ori&inal !arties. Sec. Sec.". under the direct su!er*ision of the 3ud&e. those whose trials were ad3ourned or !ost!oned. and whether or not the inter*enor?s ri&hts $ay "e fully !rotected in a se!arate !roceedin&. and those so re<uired "y law. the action taken thereon. indicatin& the desired ter$s thereof7 . The contents of the order shall control the su"se<uent course of the action. #hould the action !roceed to trial. 2. . the court shall issue an order which shall recite in detail the $atters taken u! in the conference.a. 5 The clerk of court.The nu$"er and na$es of the witnesses. .The docu$ents or e2hi"its to "e !resented.1+days fro$ notice of the order ad$ittin& the sa$e. or an interest a&ainst "oth. s!ecial ci*il actions. or in the success of either of the !arties.c.Page 20 of 99 . % len( ! of c ses. "e allowed to inter*ene in the action. 5 The answer to the co$!laint5in 5inter*ention shall "e filed within fifteen . for trial.

the 3ud&e or officer shall e2a$ine and study carefully such a!!lication to deter$ine whether the sa$e is $ade for a *alid !ur!ose. The court $ay <uash a su"!oena ad testificandu$ on the &round that the witness is not "ound there"y. in any e*ent. or at any in*esti&ation conducted "y co$!etent authority. ' su"!oena shall state the na$e of the court and the title of the action or in*esti&ation.the court of the !lace where the de!osition is to "e taken7 c. /t $ay also re<uire hi$ to "rin& with hi$ any "ooks. . 5 #u"!oena is a !rocess directed to a !erson re<uirin& hi$ to attend and to testify at the hearin& or the trial of an action. at or "efore the ti$e s!ecified therein if it is unreasona"le and o!!ressi*e. or for the takin& of his de!osition. The court $ay <uash a su"!oena duces tecu$ u!on $otion !ro$!tly $ade and.the officer or "ody authori4ed "y law to do so in connection with in*esti&ations conducted "y said officer or "ody7 or d. Sec. . or if the !erson in whose "ehalf the su"!oena is issued fails to ad*ance the reasona"le cost of the !roduction thereof. docu$ents or thin&s does not a!!ear. or the rele*ancy of the "ooks. /n either case.any Justice of the #u!re$e %ourt or of the %ourt of '!!eals in any case or in*esti&ation !endin& within the )hili!!ines. in which case it is called a su"!oena duces tecu$. Su#"oen n( su#"oen (uces tecu+. shall "e directed to the !erson whose attendance is re<uired. Fuashin& a su"!oena. 8hen a!!lication for a su"!oena to a !risoner is $ade.Page 21 of 99 RULE 21 SU<POENA Section 1. and in the case of a su"!oena duces tecu$.the court "efore who$ the witness is re<uired to attend7 ". or other thin&s under his control. 5 The su"!oena $ay "e issued "y0 a. <2 who+ issue(. 2. docu$ents or thin&s de$anded which $ust a!!ear to the court !ri$a facie rele*ant. =or$ and contents. reclusion !er!etua or life i$!rison$ent and who is confined in any !enal institution shall "e "rou&ht outside the said !enal institution for a!!earance or attendance in any court unless authori4ed "y the #u!re$e %ourt. #ec. C. it shall also contain a reasona"le descri!tion of the "ooks. the su"!oena $ay "e <uashed on the &round that the witness fees and kilo$etra&e allowed "y these 1ules were not tendered when the su"!oena was ser*ed. #ec. No !risoner sentenced to death. docu$ents.

or "y order of the court.Page 22 of 99 #ec. The clerk shall not. docu$ents or thin&s de$anded shall also "e tendered. The ori&inal shall "e e2hi"ited and a co!y thereof deli*ered to the !erson on who$ it is ser*ed. #ec. D. 9. a #unday. $ay issue a warrant to the sheriff of the !ro*ince. or his de!uty. to arrest the witness and "rin& hi$ "efore the court or officer where his attendance is re<uired. tenderin& to hi$ the fees for one dayGs attendance and the kilo$etra&e allowed "y these 1ules. e2ce!t that. +. /f the su"!oena was not issued "y a court. the court or 3ud&e issuin& the su"!oena. /n case of failure of a witness to attend. 10. #ec. the diso"edience thereto shall "e !unished in accordance with the a!!lica"le law or 1ule. )ersonal a!!earance in court. 1:E6 BB %9M):T'T/9N 9= T/M6 #ection 1. #ec. or "y any a!!lica"le statute. the tender need not "e $ade. The ser*ice $ust "e $ade so as to allow the witness a reasona"le ti$e for !re!aration and tra*el to the !lace of attendance. falls on a #aturday. 7. #er*ice. %o$!ellin& attendance. #ec.kilo$eters fro$ his residence to the !lace where he is to testify "y the ordinary course of tra*el. the day of the act or e*ent fro$ which the desi&nated !eriod of ti$e "e&ins to run is to "e e2cluded and the date of !erfor$ance included. 8. as thus co$!uted. #u"!oena for de!ositions. /f the last day of the !eriod. =ailure "y any !erson without ade<uate cause to o"ey a su"!oena ser*ed u!on hi$ shall "e dee$ed a conte$!t of the court fro$ which the su"!oena is issued. or a le&al holiday in the !lace where the court sits. #ec. or to a detention !risoner if no !er$ission of the court in which his case is !endin& was o"tained. The !ro*isions of sections 8 and 9 of this 1ule shall not a!!ly to a witness who resides $ore than one hundred . the ti$e shall not run until the ne2t workin& day. /n co$!utin& any !eriod of ti$e !rescri"ed or allowed "y these 1ules. shall constitute sufficient authori4ation for the issuance of su"!oenas for the !ersons na$ed in said notice "y the clerk of the court of the !lace in which the de!osition is to "e taken. as !ro*ided in sections 1+ and B+ of 1ule B . the reasona"le cost of !roducin& the "ooks. ' !erson !resent in court "efore a 3udicial officer $ay "e re<uired to testify as if he were in attendance u!on a su"!oena issued "y such court or officer. howe*er. 62ce!tions. #er*ice of a su"!oena shall "e $ade in the sa$e $anner as !ersonal or su"stituted ser*ice of su$$ons.ow to co$!ute ti$e. . 6ffect of interru!tion. u!on !roof of the ser*ice thereof and of the failure of the witness. B. )roof of ser*ice of a notice to take a de!osition. . issue a su"!oena duces tecu$ to any such !erson without an order of the court. and the cost of such warrant and sei4ure of such witness shall "e !aid "y the witness if the court issuin& it shall deter$ine that his failure to answer the su"!oena was willful and without 3ust e2cuse. /f the su"!oena is duces tecu$. %onte$!t. when a su"!oena is issued "y or on "ehalf of the 1e!u"lic of the )hili!!ines or an officer or a&ency thereof.100. #ec.

:se of de!ositions. when $ay "e taken. @e!ositions shall "e taken only in accordance with these 1ules. !artnershi!. C.u!on a!!lication and notice. #ec. in accordance with any one of the followin& !ro*isions0 . or i$!rison$ent7 or .The de!osition of a witness.The de!osition of a !arty or of any one who at the ti$e of takin& the de!osition was an officer.'ny de!osition $ay "e used "y any !arty for the !ur!ose of contradictin& or i$!eachin& the testi$ony of de!onent as a witness7 . The de!osition of a !erson confined in !rison $ay "e taken only "y lea*e of court on such ter$s as the court !rescri"es. unless it a!!ears that his a"sence was !rocured "y the !arty offerin& the de!osition7 or . 62a$ination and cross5e2a$ination. B.100. whether a !arty or not. 1:E6 B @6)9#/T/9N# )6N@/N> '%T/9N# #ection 1. infir$ity. any !art or all of a de!osition.Page 23 of 99 #hould an act "e done which effecti*ely interru!ts the runnin& of the !eriod.that the witness is una"le to attend or testify "ecause of a&e. $ay "e taken. #co!e of e2a$ination. in the interest of 3ustice and .that the witness resides at a distance $ore than one hundred .that the !arty offerin& the de!osition has "een una"le to !rocure the attendance of the witness "y su"!oena7 or . The attendance of witnesses $ay "e co$!elled "y the use of a su"!oena as !ro*ided in 1ule B1. 't the trial or u!on the hearin& of a $otion or an interlocutory !roceedin&. . or association which is a !arty $ay "e used "y an ad*erse !arty for any !ur!ose7 . or is out of the )hili!!ines. that such e2ce!tional circu$stances e2ist as to $ake it desira"le.1.B. nature. #ec. and location of any "ooks.kilo$eters fro$ the !lace of trial or hearin&. :nless otherwise ordered "y the court as !ro*ided "y section 1D or 18 of this 1ule. or $ana&in& a&ent of a !u"lic or !ri*ate cor!oration.+. 62a$ination and cross5e2a$ination of de!onents $ay !roceed as !er$itted at the trial under sections to 18 of 1ule 1 B.c.that the witness is dead7 or . so far as ad$issi"le under the rules of e*idence. condition.". which is rele*ant to the su"3ect of the !endin& action. By lea*e of court after 3urisdiction has "een o"tained o*er any defendant or o*er !ro!erty which is the su"3ect of the action.C. whether relatin& to the clai$ or defense of any other !arty. "y de!osition u!on oral e2a$ination or written interro&atories. . sickness. $ay "e used "y any !arty for any !ur!ose if the court finds0 .a. or other tan&i"le thin&s and the identity and location of !ersons ha*in& knowled&e of rele*ant facts. at the instance of any !arty. custody. the de!onent $ay "e e2a$ined re&ardin& any $atter. includin& the e2istence. descri!tion. docu$ents. not !ri*ile&ed. The day of the act that caused the interru!tion shall "e e2cluded in the co$!utation of the !eriod. @e!ositions !endin& action. the testi$ony of any !erson. $ay "e used a&ainst any !arty who was !resent or re!resented at the takin& of the de!osition or who had due notice thereof. whether or not a !arty. the allowa"le !eriod after such interru!tion shall start to run on the day after notice of the cessation of the cause thereof. or without such lea*e after an answer has "een ser*ed. #ec. director.

8.on notice "efore a secretary of e$"assy or le&ation. 12. *ice5consul. #u"3ect to the !ro*isions of section B9 of this 1ule.d. #u"stitution of !arties does not affect the ri&ht to use de!ositions !re*iously taken7 and. Pe!sons #efo!e who+ (e"ositions + 2 #e t ?en in fo!ei&n count!ies. all de!ositions lawfully taken and duly filed in the for$er action $ay "e used in the latter as if ori&inally taken therefor. "ut this shall not a!!ly to the use "y an ad*erse !arty of a de!osition as descri"ed in !ara&ra!h . 7. or consular a&ent of the 1e!u"lic of the )hili!!ines7 . on a!!lication and notice. 1$. +. Sec. when an action has "een dis$issed and another action in*ol*in& the sa$e su"3ect is afterward "rou&ht "etween the sa$e !arties or their re!resentati*es or successors in interest."."efore such !erson or officer as $ay "e a!!ointed "y co$$ission or under letters ro&atory7 or . 1e"uttin& de!osition. de!ositions $ay "e taken "efore any 3ud&e. 9fficers $ay "e desi&nated in notices or co$$issions either "y na$e or descri!ti*e title and letters ro&atory $ay "e addressed to the a!!ro!riate 3udicial authority in the forei&n country. or the !erson referred to in section 1C hereof.of section C of this 1ule.Page 24 of 99 with due re&ard to the i$!ortance of !resentin& the testi$ony of witnesses orally in o!en court. #ec. 11./f only !art of a de!osition is offered in e*idence "y a !arty. #ec. #ec. )ersons "efore who$ de!ositions $ay "e taken within the )hili!!ines. The introduction in e*idence of the de!osition or any !art thereof for any !ur!ose other than that of contradictin& or i$!eachin& the de!onent $akes the de!onent the witness of the !arty introducin& the de!osition. any !arty $ay re"ut any rele*ant e*idence contained in a de!osition whether introduced "y hi$ or "y any other !arty. 6ffect of takin& de!ositions. D. #ec. #ec. 6ffect of usin& de!ositions.". ' !arty shall not "e dee$ed to $ake a !erson his own witness for any !ur!ose "y takin& his de!osition. to allow the de!osition to "e used7 and . and on such ter$s and with such direction as are 3ust and a!!ro!riate. consul &eneral.a. 9.the !erson referred to in section 1C hereof.c. de!ositions $ay "e taken . ' co$$ission or letters ro&atory shall "e issued only when necessary or con*enient. -is@u lific tion #2 inte!est. %o++ission o! lette!s !o& to!2. 10. notary !u"lic. 't the trial or hearin&. . Sec. Sec. 6ffect of su"stitution of !arties. 8ithin the )hili!!ines. the ad*erse !arty $ay re<uire hi$ to introduce all of it which is rele*ant to the !art introduced. /n a forei&n state or country. o"3ection $ay "e $ade at the trial or hearin& to recei*in& in e*idence any de!osition or !art thereof for any reason which would re<uire the e2clusion of the e*idence if the witness were then !resent and testifyin&. consul. 9"3ections to ad$issi"ility. #ec. and any !arty $ay introduce any other !arts.

or that the sco!e of the e2a$ination shall "e held with no one !resent e2ce!t the !arties to the action and their officers or counsel. Sec. or o!!ression. the court in which the action is !endin& $ay $ake an order that the de!osition shall not "e taken. or that it $ay "e taken only on written interro&atories. O!(e!s fo! the "!otection of " !ties n( (e"onents. in accordance with these 1ules. 'fter notice is ser*ed for takin& a de!osition "y oral e2a$ination. or e$!loyee of such counsel7 or who is financially interested in the action. if known. shall "e noted "y the officer u!on the de!osition. 't any ti$e durin& the takin& of the de!osition. The notice shall state the ti$e and !lace for takin& the de!osition and the na$e and address of each !erson to "e e2a$ined. 6*idence o"3ected to shall "e taken su"3ect to the o"3ections. who shall !ro!ound the$ to the witness and record the answers *er"ati$. 4otion to te!+in te o! li+it e8 +in tion. the court in which the action is !endin& or the 1e&ional Trial %ourt of the !lace where the de!osition is "ein& taken $ay order the officer conductin& the e2a$ination to cease forthwith fro$ takin& the de!osition. 13. 8hen the testi$ony is fully transcri"ed. :!on de$and of the o"3ectin& !arty or de!onent.. or that secret !rocesses. Sec. or that it $ay "e taken only at so$e desi&nated !lace other than that stated in the notice. or that the !arties shall si$ultaneously file s!ecified docu$ents or infor$ation enclosed in sealed en*elo!es to "e o!ened as directed "y the court7 or the court $ay $ake any other order which 3ustice re<uires to !rotect the !arty or witness fro$ annoyance. 17. de!ositions $ay "e taken "efore any !erson authori4ed to ad$inister oaths. or research need not "e disclosed. the court $ay for cause shown enlar&e or shorten the ti$e. and if the na$e is not known. record the testi$ony of the witness. or that after "ein& sealed the de!osition shall "e o!ened only "y order of the court. or to the $anner of takin& it. or o!!ress the de!onent or !arty. The officer "efore who$ the de!osition is to "e taken shall !ut the witness on oath and shall !ersonally. or "y so$e one actin& under his direction and in his !resence. Sec. de*elo!$ents. Sec. or to the conduct of any !arty. /n &rantin& or refusin& such order. e$"arrass. u!on $otion seasona"ly $ade "y any !arty or "y the !erson to "e e2a$ined and for &ood cause shown. unless such e2a$ination and readin& are wai*ed "y the witness and "y the !arties. e$"arrass$ent. or e$!loyee or counsel of any of the !arties7 or who is a relati*e within the sa$e de&ree. /n lieu of !artici!atin& in the oral e2a$ination. Sec. or that certain $atters shall not "e in<uired into. !arties ser*ed with notice of takin& a de!osition $ay trans$it written interro&atories to the officers. the court $ay i$!ose u!on either !arty or u!on the witness the re<uire$ent to !ay such costs or e2!enses as the court $ay dee$ reasona"le. it shall "e resu$ed thereafter only u!on the order of the court in which the action is !endin&. /f the order $ade ter$inates the e2a$ination. and when so taken $ay "e used like other de!ositions. Sti"ul tions !e& !(in& t ?in& of (e"ositions.Page 25 of 99 No de!osition shall "e taken "efore a !erson who is a relati*e within the si2th de&ree of consan&uinity or affinity. on $otion or !etition of any !arty or of the de!onent and u!on a showin& that the e2a$ination is "ein& conducted in "ad faith or in such $anner as unreasona"ly to annoy. a &eneral descri!tion sufficient to identify hi$ or the !articular class or &rou! to which he "elon&s. 'ny chan&es in for$ or su"stance which the witness desires to $ake shall "e entered u!on the de!osition "y the officer with a state$ent of the . the takin& of the de!osition shall "e sus!ended for the ti$e necessary to $ake a notice for an order. The testi$ony shall "e taken steno&ra!hically unless the !arties a&ree otherwise. at any ti$e or !lace. as !ro*ided in section 1D of this 1ule. ' !arty desirin& to take the de!osition of any !erson u!on oral e2a$ination shall &i*e reasona"le notice in writin& to e*ery other !arty to the action. and any other o"3ection to the !roceedin&s. 1. Su#+ission to witnessA ch n&esA si&nin&. 9n $otion of any !arty u!on who$ the notice is ser*ed. or $ay li$it the sco!e and $anner of the takin& of the de!osition. 1*. 15. -e"osition u"on o! l e8 +in tionA noticeA ti+e n( "l ce. /f the !arties so sti!ulate in writin&. 1). or to the e*idence !resented. Reco!( of e8 +in tionA o thA o#7ections. the de!osition shall "e su"$itted to the witness for e2a$ination and shall "e read to or "y hi$. Sec. 'll o"3ections $ade at the ti$e of the e2a$ination to the <ualifications of the officer takin& the de!osition.

the court $ay order the !arty &i*in& the notice to !ay to such other !arty the a$ount of the reasona"le e2!enses incurred "y hi$ and his counsel in so attendin&. 2:. /f the !arty &i*in& the notice of the takin& of a de!osition fails to attend and !roceed therewith and another attends in !erson or "y counsel !ursuant to the notice. ' !arty desirin& to take the de!osition of any !erson u!on written interro&atories shall ser*e the$ u!on e*ery other !arty with a notice statin& the na$e and address of the !erson who is to answer the$ and the na$e or descri!ti*e title and address of the officer "efore who$ the de!osition is to "e taken. 8ithin ten .e shall then securely seal the de!osition in an en*elo!e indorsed with the title of the action and $arked A@e!osition of . and file or $ail the de!osition. and $ay furnish co!ies to the$ or to the de!onent u!on !ay$ent of reasona"le char&es therefor. 2$. who shall !roceed !ro$!tly. the court holds that the reasons &i*en for the refusal to si&n re<uire re3ection of the de!osition in whole or in !art. 1u!nishin& co"ies. Sec. attachin& thereto the co!y of the notice and the interro&atories recei*ed "y hi$.here insert the na$e of witness-A and shall !ro$!tly file it with the court in which the action is !endin& or send it "y re&istered $ail to the clerk thereof for filin&. 8ithin fi*e . The officer shall certify on the de!osition that the witness was duly sworn to "y hi$ and that the de!osition is a true record of the testi$ony &i*en "y the witness. includin& reasona"le attorneyGs fees. the court $ay order the !arty &i*in& the notice to !ay such other !arty the a$ount of the reasona"le e2!enses incurred "y hi$ and his counsel in so attendin&.. 22.days thereafter. 1 ilu!e to tten( of " !t2 &i'in& notice. The de!osition shall then "e si&ned "y the witness. Notice of filin& n( fu!nishin& co"ies.Page 26 of 99 reasons &i*en "y the witness for $akin& the$. ' co!y of the notice and co!ies of all interro&atories ser*ed shall "e deli*ered "y the !arty takin& the de!osition to the officer desi&nated in the notice.10. the officer shall furnish a co!y of the de!osition to any !arty or to the de!onent. the officer shall si&n it and state on the record the fact of the wai*er or of the illness or a"sence of the witness or the fact of the refusal to si&n to&ether with the reason &i*en therefor.f. Sec. 8hen a de!osition u!on interro&atories is filed. The officer takin& the de!osition shall &i*e !ro$!t notice of its filin& to all the !arties. the latter $ay ser*e re5direct interro&atories u!on a !arty who has ser*ed cross5 interro&atories.days thereafter. . and the de!osition $ay then "e used as fully as thou&h si&ned. unless on a $otion to su!!ress under section B9 .of this 1ule. /f the !arty &i*in& the notice of the takin& of a de!osition of a witness fails to ser*e a su"!oena u!on hi$ and the witness "ecause of such failure does not attend. if any. 2. /f the de!osition is not si&ned "y the witness. 2*. 2). and if another !arty attends in !erson or "y counsel "ecause he e2!ects the de!osition of that witness to "e taken. the officer takin& it shall !ro$!tly &i*e notice thereof to all the !arties. Sec. a !arty so ser*ed $ay ser*e cross5 interro&atories u!on the !arty !ro!osin& to take the de!osition. Sec. unless the !arties "y sti!ulation wai*e the si&nin& or the witness is ill or cannot "e found or refuses to si&n. to take the testi$ony of the witness in res!onse to the interro&atories and to !re!are. -e"osition u"on w!itten inte!!o& to!iesA se!'ice of notice n( of inte!!o& to!ies. a !arty $ay ser*e recross5interro&atories u!on the !arty !ro!osin& to take the de!osition. in the $anner !ro*ided "y sections 17. certify. Sec. 21. Notice of filin&. %e!tific tion n( filin& #2 office!. :!on !ay$ent of reasona"le char&es therefor. Office!s to t ?e !es"onses n( "!e" !e !eco!(. 27. . . 19 and B0 of this 1ule.days after "ein& ser*ed with re5direct interro&atories. 8ithin three . includin& reasona"le attorneyGs fees.+. Sec. 1 ilu!e of " !t2 &i'in& notice to se!'e su#"oen . Sec. Sec.

RULE 2) -EPOSITIONS <E1ORE A%TION OR PEN-ING APPEAL. $ay $ake any order s!ecified in sections 1+. 2.5 6rrors and irre&ularities in the $anner in which the testi$ony is transcri"ed or the de!osition is !re!ared.a.a. 25. . and shall ask for an order authori4in& the !etitioner to take the de!ositions of the !ersons to "e e2a$ined na$ed in the !etition for the !ur!ose of !er!etuatin& their testi$ony. or with due dili&ence $i&ht ha*e "een. Sec.".the na$es or a descri!tion of the !ersons he e2!ects will "e ad*erse !arties and their addresses so far as known7 and . .e.the facts which he desires to esta"lish "y the !ro!osed testi$ony and his reasons for desirin& to !er!etuate it7 .5 9"3ections to the for$ of written interro&atories su"$itted under sections B+ and BD of this 1ule are wai*ed unless ser*ed in writin& u!on the !arty !ro!oundin& the$ within the ti$e allowed for ser*in& succeedin& cross or other interro&atories and within three . $ay file a *erified !etition in the court of the !lace of the residence of any e2!ected ad*erse !arty. . . trans$itted. %ontents of "etition.5 6rrors and irre&ularities occurrin& at the oral e2a$ination in the $anner of takin& the de!osition.'s to $anner of !re!aration.e.5 9"3ection to takin& a de!osition "ecause of dis<ualification of the officer "efore who$ it is to "e taken is wai*ed unless $ade "efore the takin& of the de!osition "e&ins or as soon thereafter as the dis<ualification "eco$es known or could "e disco*ered with reasona"le dili&ence.d.the su"3ect $atter of the e2!ected action and his interest therein7 .'s to notice. ' !erson who desires to !er!etuate his own testi$ony or that of another !erson re&ardin& any $atter that $ay "e co&ni4a"le in any court of the )hili!!ines.c. or cured if !ro$!tly !rosecuted. re$o*ed. 1D and 18 of this 1ule which is a!!ro!riate and 3ust or an order that the de!osition shall not "e taken "efore the officer desi&nated in the notice or that it shall not "e taken e2ce!t u!on oral e2a$ination. Sec. indorsed. the court in which the action is !endin&.'s to dis<ualification of officer.f.5 'll errors and irre&ularities in the notice for takin& a de!osition are wai*ed unless written o"3ection is !ro$!tly ser*ed u!on the !arty &i*in& the notice.that the !etitioner e2!ects to "e a !arty to an action in a court of the )hili!!ines "ut is !resently una"le to "rin& it or cause it to "e "rou&ht7 . filed. 'fter the ser*ice of the interro&atories and !rior to the takin& of the testi$ony of the de!onent. or $ateriality of testi$ony are not wai*ed "y failure to $ake the$ "efore or durin& the takin& of the de!osition. in the oath or affir$ation. ascertained. are wai*ed unless reasona"le o"3ection thereto is $ade at the takin& of the de!osition. -e"ositions #efo!e ctionA "etition. on $otion !ro$!tly $ade "y a !arty or a de!onent.the na$es and addresses of the !ersons to "e e2a$ined and the su"stance of the testi$ony which he e2!ects to elicit fro$ each. . certified.5 9"3ections to the co$!etency of a witness or the co$!etency. Section 1. 19. in the for$ of the <uestions or answers.'s to oral e2a$ination and other !articulars. unless the &round of the o"3ection is one which $i&ht ha*e "een o"*iated or re$o*ed if !resented at that ti$e.'s to co$!etency or rele*ancy of e*idence. sealed. 23.c.Page 27 of 99 Sec.'s to for$ of written interro&atories. B0 and BD of this 1ule are wai*ed unless a $otion to su!!ress the de!osition or so$e !art thereof is $ade with reasona"le !ro$!tness after such defect is. The !etition shall "e entitled in the na$e of the !etitioner and shall show0 . . si&ned. . and for &ood cause shown. or in the conduct of the !arties and errors of any kind which $i&ht "e o"*iated.days after ser*ice of the last interro&atories authori4ed. Effects of e!!o!s n( i!!e&ul !ities in (e"ositions. or otherwise dealt with "y the officer under sections 17. rele*ancy.".d. . O!(e!s fo! the "!otection of " !ties n( (e"onents.

it would "e ad$issi"le in e*idence. *. the court in which the 3ud&$ent was rendered $ay allow the takin& of de!ositions of witnesses to !er!etuate their testi$ony for use in the e*ent of further !roceedin&s in the said court. Sec. /n such case the !arty who desires to !er!etuate the testi$ony $ay $ake a $otion in the said court for lea*e to take the de!ositions. .1+.a. u!on the sa$e notice and ser*ice thereof as if the action was !endin& therein. e2tends or shortens the ti$e. if the !arty ser*ed is a !u"lic or !ri*ate cor!oration or a !artnershi! or association. and thereu!on the de!ositions $ay "e taken and used in the sa$e $anner and under the sa$e conditions as are !rescri"ed in these 1ules for de!ositions taken in !endin& actions. it $ay $ake an order allowin& the de!ositions to "e taken. or if. for the order descri"ed in the !etition. on $otion and for &ood cause shown. Refe!ence to cou!t. it $ay "e used in any action in*ol*in& the sa$e su"3ect $atter su"se<uently "rou&ht in accordance with the !ro*isions of sections C and + of 1ule B . althou&h not so taken. to&ether with a co!y of the !etition. Inte!!o& to!ies to " !tiesA se!'ice the!eof. /f the court finds that the !er!etuation of the testi$ony is !ro!er to a*oid a failure or delay of 3ustice. any !arty desirin& to elicit $aterial and rele*ant facts fro$ any ad*erse !arties shall file and ser*e u!on the latter written interro&atories to "e answered "y the !arty ser*ed or. Sec. The !arty u!on who$ the interro&atories ha*e "een ser*ed shall file and ser*e a co!y of the answers on the !arty su"$ittin& the interro&atories within fifteen .Page 28 of 99 Sec. RULE 2* INTERROGATORIES TO PARTIES Section 1. Sec. includin& the %ourt of '!!eals in !ro!er cases. at a ti$e and !lace na$ed therein.the na$es and addresses of the !ersons to "e e2a$ined and the su"stance of the testi$ony which he e2!ects to elicit fro$ each7 and .days after ser*ice thereof. /f the court is satisfied that the !er!etuation of the testi$ony $ay !re*ent a failure or delay of 3ustice. O!(e! n( e8 +in tion. Use of (e"osition. /f an a!!eal has "een taken fro$ a 3ud&$ent of a court. 7. The interro&atories shall "e answered fully in writin& and shall "e si&ned and sworn to "y the !erson $akin& the$. . :nder the sa$e conditions s!ecified in section 1 of 1ule B . it shall $ake an order desi&natin& or descri"in& the !ersons whose de!osition $ay "e taken and s!ecifyin& the su"3ect $atter of the e2a$ination and whether the de!ositions shall "e taken u!on oral e2a$ination or written interro&atories. unless the court. Answe! to inte!!o& to!ies. the court shall cause notice thereof to "e ser*ed on the !arties and !ros!ecti*e de!onents in the $anner !ro*ided for ser*ice of su$$ons.the reason for !er!etuatin& their testi$ony.. 2. The de!ositions $ay then "e taken in accordance with 1ule B "efore the hearin&.days "efore the date of the hearin&. $. "y any officer thereof co$!etent to testify in its "ehalf. Notice n( se!'ice. =or the !ur!ose of a!!lyin& 1ule B to de!ositions for !er!etuatin& testi$ony. The $otion shall state . -e"ositions "en(in& ""e l. Sec. ). 't least twenty . Sec. /f a de!osition to !er!etuate testi$ony is taken under this 1ule. or "efore the takin& of an a!!eal if the ti$e therefor has not e2!ired.B0.". statin& that the !etitioner will a!!ly to the court. The !etitioner shall ser*e a notice u!on each !erson na$ed in the !etition as an e2!ected ad*erse !arty. each reference therein to the court in which the action is !endin& shall "e dee$ed to refer to the court in which the !etition for such de!osition was filed.

No !arty $ay.days after ser*ice thereof. Nu+#e! of inte!!o& to!ies. ). The court $ay allow the !arty $akin& an ad$ission under this 1ule. 2. 6ach of the $atters of which an ad$ission is re<uested shall "e dee$ed ad$itted unless. . and the answers $ay "e used for the sa$e !ur!oses !ro*ided in section C of the sa$e 1ule. :nless thereafter allowed "y the court for &ood cause shown and to !re*ent a failure of 3ustice. Effect of f ilu!e to se!'e w!itten inte!!o& to!ies. within a !eriod desi&nated in the re<uest. A-VERSE PART. to withdraw or a$end it u!on such ter$s as $ay "e 3ust. Sec. . which shall "e at as early a ti$e as is !ractica"le. a !arty not ser*ed with written interro&atories $ay not "e co$!elled "y the ad*erse !arty to &i*e testi$ony in o!en court. Effect of (+ission.days after ser*ice thereof. Re@uest fo! (+ission. 9"3ections to any re<uest for ad$ission shall "e su"$itted to the court "y the !arty re<uested within the !eriod for and !rior to the filin& of his sworn state$ent as conte$!lated in the !recedin& !ara&ra!h and his co$!liance therewith shall "e deferred until such o"3ections are resol*ed. which resolution shall "e $ade as early as !ractica"le. Sco"e n( use of inte!!o& to!ies. /nterro&atories $ay relate to any $atters that can "e in<uired into under section B of 1ule B . O#7ections to inte!!o& to!ies. ser*e $ore than one set of interro&atories to "e answered "y the sa$e !arty. Sec. which shall not "e less than fifteen .Page 29 of 99 Sec. whether e2!ress or i$!lied. or to &i*e a de!osition !endin& a!!eal. 9ith(! w l. ). Sec. I+"lie( (+ission. %o!ies of the docu$ents shall "e deli*ered with the re<uest unless co!ies ha*e already "een furnished.10. Sec. 't any ti$e after issues ha*e "een 3oined.1+. Sec. $.. *. $. the !arty to who$ the re<uest is directed files and ser*es u!on the !arty re<uestin& the ad$ission a sworn state$ent either denyin& s!ecifically the $atters of which an ad$ission is re<uested or settin& forth in detail the reasons why he cannot truthfully either ad$it or deny those $atters. 9"3ections to any interro&atories $ay "e !resented to the court within ten . without lea*e of court. Sec. or within such further ti$e as the court $ay allow on $otion. Section 1. a !arty $ay file and ser*e u!on any other !arty a written re<uest for the ad$ission "y the latter of the &enuineness of any $aterial and rele*ant docu$ent descri"ed in and e2hi"ited with the re<uest or of the truth of any $aterial and rele*ant $atter of fact set forth in the re<uest. with notice as in case of a $otion7 and answers shall "e deferred until the o"3ections are resol*ed. 'ny ad$ission $ade "y a !arty !ursuant to such re<uest is for the !ur!ose of the !endin& action only and shall not constitute an ad$ission "y hi$ for any other !ur!ose nor $ay the sa$e "e used a&ainst hi$ in any other !roceedin&. A-4ISSION <. RULE 2.

conditions and sco!e of the e2a$ination and the !erson or !ersons "y who$ it is to "e $ade. RULE 27 PRO-U%TION OR INSPE%TION O1 -O%U4ENTS OR T. :!on $otion of any !arty showin& &ood cause therefor. of any desi&nated docu$ents.. 5 /f a !arty or other de!onent refuses to answer any <uestion u!on oral e2a$ination. the !arty causin& the e2a$ination to "e $ade shall "e entitled u!on re<uest to recei*e fro$ the !arty e2a$ined a like re!ort of any e2a$ination.a. 'fter such re<uest and deli*ery. Section 1. RULE 25 RE1USAL TO %O4PL. !lace. shall not "e !er$itted to !resent e*idence on such facts. or ou&ht to "e. Effect of f ilu!e to file n( se!'e !e@uest fo! (+ission. /n an action in which the $ental or !hysical condition of a !arty is in contro*ersy. :nless otherwise allowed "y the court for &ood cause shown and to !re*ent a failure of 3ustice. O!(e! fo! e8 +in tion. !re*iously or thereafter $ade. the !arty e2a$ined wai*es any !ri*ile&e he $ay ha*e in that action or any other in*ol*in& the sa$e contro*ersy. o"3ects or tan&i"le thin&s. not !ri*ile&ed. or !hoto&ra!hin& the !ro!erty or any desi&nated rele*ant o"3ect or o!eration thereon. within the !ersonal knowled&e of the latter. re&ardin& the testi$ony of e*ery other !erson who has e2a$ined or $ay thereafter e2a$ine hi$ in res!ect of the sa$e $ental or !hysical e2a$ination. ). By re<uestin& and o"tainin& a re!ort of the e2a$ination so ordered or "y takin& the de!osition of the e2a$iner. custody or control7 or . The !ro!onent . the court in which the action is !endin& $ay in its discretion order hi$ to su"$it to a !hysical or $ental e2a$ination "y a !hysician. Re"o!t of fin(in&s. 9 i'e! of "!i'ile&e. of the sa$e $ental or !hysical condition.order any !arty to !er$it entry u!on desi&nated land or other !ro!erty in his !ossession or control for the !ur!ose of ins!ectin&. 9hen e8 +in tion + 2 #e o!(e!e(.". the court in which an action is !endin& $ay .INGS Section 1. the court on $otion and notice $ay $ake an order re<uirin& deli*ery on such ter$s as are 3ust. /f the !arty e2a$ined refuses to deli*er such re!ort.SI%AL AN. 4otion fo! "!o(uction o! ins"ectionA o!(e!. Sec. $anner. the e2a$ination $ay "e co$!leted on other $atters or ad3ourned as the !ro!onent of the <uestion $ay !refer. 4O-ES O1 -IS%OVER. accounts. Sec. $easurin&. letters. !hoto&ra!hs. $. The order for e2a$ination $ay "e $ade only on $otion for &ood cause shown and u!on notice to the !arty to "e e2a$ined and to all other !arties. and shall s!ecify the ti$e.4ENTAL EBA4INATION O1 PERSONS Section 1. sur*eyin&. RULE 23 P. and $ay !rescri"e such ter$s and conditions as are 3ust. !lace and $anner of $akin& the ins!ection and takin& co!ies and !hoto&ra!hs.order any !arty to !roduce and !er$it the ins!ection and co!yin& or !hoto&ra!hin&. !a!ers. which constitute or contain e*idence $aterial to any $atter in*ol*ed in the action and which are in his !ossession. a !arty who fails to file and ser*e a re<uest for ad$ission on the ad*erse !arty of $aterial and rele*ant facts at issue which are. 9IT. /f re<uested "y the !arty e2a$ined. Refus l to nswe!. the !arty causin& the e2a$ination to "e $ade shall deli*er to hi$ a co!y of a detailed written re!ort of the e2a$inin& !hysician settin& out his findin&s and conclusions.Page 30 of 99 Sec. Sec. *. "ooks. The order shall s!ecify the ti$e. and if a !hysician fails or refuses to $ake such a re!ort the court $ay e2clude his testi$ony if offered at the trial. "y or on "ehalf of the $o*in& !arty. 2.

". #ec. the refusal $ay "e considered a conte$!t of that court. 5 /f a !arty or other witness refuses to "e sworn or refuses to answer any <uestion after "ein& directed to do so "y the court of the !lace in which the de!osition is "ein& taken. or the contents of the !a!er./n lieu of any of the fore&oin& orders or in addition thereto. and a$on& others the followin&0 . or dis$issin& the action or !roceedin& or any !art thereof. or fro$ introducin& e*idence of !hysical or $ental condition7 . he $ay a!!ly to the court for an order re<uirin& the other !arty to !ay hi$ the reasona"le e2!enses incurred in $akin& such !roof.'n order strikin& out !leadin&s or !arts thereof. the court shall re<uire the refusin& !arty or de!onent to answer the <uestion or interro&atory and if it also finds that the refusal to answer was without su"stantial 3ustification. includin& attorneyGs fees. or renderin& a 3ud&$ent "y default a&ainst the diso"edient !arty7 and . co!yin&.'n order refusin& to allow the diso"edient !arty to su!!ort or o!!ose desi&nated clai$s or defenses or !rohi"itin& hi$ fro$ introducin& in e*idence desi&nated docu$ents or thin&s or ite$s of testi$ony. . %onte+"t of cou!t. =ailure of !arty to attend or ser*e answers. /f any !arty or an officer or $ana&in& a&ent of a !arty refuses to o"ey an order $ade under section 1 of this 1ule re<uirin& hi$ to answer desi&nated <uestions.c. such order shall "e issued. +. to !ay to the refusin& !arty or de!onent the a$ount of the reasona"le e2!enses incurred in o!!osin& the a!!lication.'n order that the $atters re&ardin& which the <uestions were asked. or !hoto&ra!hin& or to !er$it it to "e done. or any other desi&nated facts shall "e taken to "e esta"lished for the !ur!oses of the action in accordance with the clai$ of the !arty o"tainin& the order7 . or stayin& further !roceedin&s until the order is o"eyed. 2.Page 31 of 99 $ay thereafter a!!ly to the !ro!er court of the !lace where the de!osition is "ein& taken. /f the a!!lication is &ranted. #ec. or "oth of the$.d. /f the a!!lication is denied and the court finds that it was filed without su"stantial 3ustification. the court $ay re<uire the !ro!onent or the counsel ad*isin& the filin& of the a!!lication. or to !er$it entry u!on land or other !ro!erty. C. it $ay re<uire the refusin& !arty or de!onent or the counsel ad*isin& the refusal. ser*es a sworn denial thereof and if the !arty re<uestin& the ad$issions thereafter !ro*es the &enuineness of such docu$ent or the truth of any such $atter of fact. or the character or descri!tion of the thin& or land. or an order $ade under 1ule B8 re<uirin& hi$ to su"$it to a !hysical or $ental e2a$ination. the court $ay $ake such orders in re&ard to the refusal as are 3ust. . includin& attorneyGs fees. an order directin& the arrest of any !arty or a&ent of a !arty for diso"eyin& any of such orders e2ce!t an order to su"$it to a !hysical or $ental e2a$ination. :nless the court finds that there were &ood reasons for the denial or that ad$issions sou&ht were of no su"stantial i$!ortance. /f a !arty after "ein& ser*ed with a re<uest under 1ule BD to ad$it the &enuineness of any docu$ent or the truth of any $atter of fact. for an order to co$!el an answer. or "oth of the$. or the !hysical or $ental condition of the !arty. #ec.a. Sec. The sa$e !rocedure $ay "e a*ailed of when a !arty or a witness refuses to answer any interro&atory su"$itted under 1ules B or B+. 62!enses on refusal to ad$it. to !ay the !ro!onent the a$ount of the reasona"le e2!enses incurred in o"tainin& the order. or an order under 1ule B7 to !roduce any docu$ent or other thin& for ins!ection. 9ther conse<uences. includin& attorneyGs fees.

#ec. 9rder of trial. and so forth. $ay strike out all or any !art of any !leadin& of that !arty. includin& attorneyGs fees. counterclai$. and in its discretion. #u!re$e %ourt. D. But if the ad*erse !arty ad$its the facts to "e &i*en in e*idence. ' $otion to !ost!one a trial on the &round of a"sence of e*idence can "e &ranted only u!on affida*it showin& the $ateriality or rele*ancy of such e*idence. B. 1e<uisites of $otion to !ost!one trial for a"sence of e*idence.The third5!arty defendant.c. cross5clai$ and fourth5!arty co$!laint7 . shall adduce e*idence of the $aterial facts !leaded "y the$7 . the trial shall not "e !ost!oned. if any.d. "ut shall ha*e no !ower to ad3ourn a trial for a lon&er !eriod than one $onth for each ad3ourn$ent. Notice of trial. e2ce!t when authori4ed in writin& "y the %ourt 'd$inistrator.The defendant shall then adduce e*idence in su!!ort of his defense. after "ein& ser*ed with a !ro!er notice. and to any stated ti$e. 1e<uisites of $otion to !ost!one trial for illness of !arty or counsel. the trial shall "e li$ited to the issues stated in the !re5trial order and shall !roceed as follows0 . the court on $otion and notice. 62!enses a&ainst the 1e!u"lic of the )hili!!ines. order hi$ to !ay reasona"le e2!enses incurred "y the other. and that due dili&ence has "een used to !rocure it. shall adduce e*idence of his defense. e*en if he o"3ects or reser*es the ri&ht to their ad$issi"ility. ' court $ay ad3ourn a trial fro$ day to day. nor $ore than three $onths in all. or dis$iss the action or !roceedin& or any !art thereof. #ec. . if any. 62!enses and attorneyGs fees are not to "e i$!osed u!on the 1e!u"lic of the )hili!!ines under this 1ule. or fails to ser*e answers to interro&atories su"$itted under 1ule B+ after !ro!er ser*ice of such interro&atories. #u"3ect to the !ro*isions of section B of 1ule 1. #ec. and unless the court for s!ecial reasons otherwise directs. +. 1:E6 0 T1/'E #ection 1.a. the clerk shall notify the !arties of the date of its trial in such $anner as shall ensure his recei!t of that notice at least fi*e . :!on entry of a case in the trial calendar. C. as the e2!editious and con*enient transaction of "usiness $ay re<uire.+. #ec.Page 32 of 99 /f a !arty or an officer or $ana&in& a&ent of a !arty wilfully fails to a!!ear "efore the officer who is to take his de!osition. cross5clai$ and third5!arty co$!laint7 .The fourth5!arty.The !laintiff shall adduce e*idence in su!!ort of his co$!laint7 . or enter a 3ud&$ent "y default a&ainst that !arty. counterclai$.". ' $otion to !ost!one a trial on the &round of illness of a !arty or counsel $ay "e &ranted if it a!!ears u!on affida*it or sworn certification that the !resence of such !arty or counsel at the trial is indis!ensa"le and that the character of his illness is such as to render his non5attendance e2cusa"le. 'd3ourn$ents and !ost!one$ents.days "efore such date. #ec.

&. the case shall "e dee$ed su"$itted for decision.e. unless the court directs the !arties to ar&ue or to su"$it their res!ecti*e $e$oranda or any further !leadin&s. ha*in& se!arate defenses a!!ear "y different counsel. RULE $2 TRIAL <. The !arties to any action $ay a&ree. 2. in default or e2 !arte hearin&s. in the order to "e !rescri"ed "y the court7 .:!on ad$ission of the e*idence.The !arties a&ainst who$ any counterclai$ or cross5clai$ has "een !leaded. #ec. /f se*eral defendants or third5!arty defendants. which o"3ections shall "e resol*ed "y the court u!on su"$ission of his re!ort and the transcri!ts within ten . #ec. it $ay order a 3oint hearin& or trial of any or all the $atters in issue in the actions7 it $ay order all the actions consolidated7 and it $ay $ake such orders concernin& !roceedin&s therein as $ay tend to a*oid unnecessary costs or delay. Se" ! te t!i ls. 9. . The 3ud&e of the court where the case is !endin& shall !ersonally recei*e the e*idence to "e adduced "y the !arties. The clerk of court shall ha*e no !ower to rule on o"3ections to any <uestion or to the ad$ission of e2hi"its. #ec. Sec. or third5!arty co$!laint. 5 8hen actions in*ol*in& a co$$on <uestion of law or fact are !endin& "efore the court. $ay order a se!arate trial of any clai$. !er$its the$ to adduce e*idence u!on their ori&inal case7 and . 7. #ec. @urin& the hearin& or trial of a case any state$ent $ade "y the 3ud&e with reference to the case. or of any se!arate issue or of any nu$"er of clai$s. witnesses or counsel. Jud&e to recei*e e*idence7 dele&ation to clerk of court. %O44ISSIONER . #us!ension of actions. third5!arty co$!laints or issues. and so forth. 8. without the introduction of e*idence. the court shall deter$ine the relati*e order of !resentation of their e*idence. #tate$ent of 3ud&e. for &ood reasons and in the furtherance of 3ustice.Page 33 of 99 . shall adduce e*idence in su!!ort of their defense. %onsoli( tion. '&reed state$ent of facts. D. unless the court. the court $ay dele&ate the rece!tion of e*idence to its clerk of court who is a $e$"er of the "ar.days fro$ ter$ination of the hearin&. RULE $1 %ONSOLI-ATION OR SEVERAN%E Section 1. counterclai$. in furtherance of con*enience or to a*oid !re3udice. or to any of the !arties. /f the !arties a&ree only on so$e of the facts in issue. and in any case where the !arties a&ree in writin&. shall "e $ade of record in the steno&ra!hic notes. cross5clai$. cross5clai$s.10.owe*er. u!on the facts in*ol*ed in the liti&ation.f. counterclai$s. and su"$it the case for 3ud&$ent on the facts a&reed u!on.The !arties $ay then res!ecti*ely adduce re"uttin& e*idence only. the trial shall "e held as to the dis!uted facts in such order as the court shall !rescri"e. The sus!ension of actions shall "e &o*erned "y the !ro*isions of the %i*il %ode. 5 The court. in writin&.

l0.a. the clerk shall forthwith furnish the co$$issioner with a co!y of the order of reference. the !arties shall "e notified "y the clerk. ). he $ay rule u!on the ad$issi"ility of e*idence.l0. on notice to the !arties and co$$issioner. Sec. or for carryin& a 3ud&$ent or order into effect. P!ocee(in&s #efo!e co++issione!. .. O th of co++issione!.Page 34 of 99 Section 1. *. 7. The order $ay s!ecify or li$it the !owers of the co$$issioner. of the testi$onial e*idence !resented "efore hi$. the word Aco$$issionerA includes a referee. $.8hen the trial of an issue of fact re<uires the e2a$ination of a lon& account on either side. 2.e $ay issue su"!oenas and su"!oenas duces tecu$. in which case the co$$issioner $ay "e directed to hear and re!ort u!on the whole issue or any s!ecific <uestion in*ol*ed therein7 . arises u!on $otion or otherwise. 5 :!on the co$!letion of the trial or hearin& or !roceedin& "efore the co$$issioner. he shall set forth his findin&s of fact and conclusions of law in his re!ort. 5 Before enterin& u!on his duties the co$$issioner shall "e sworn to a faithful and honest !erfor$ance thereof. Refe!ence #2 consent. 5 /f a !arty fails to a!!ear at the ti$e and !lace a!!ointed. 5 8hen the !arties do not consent.8hen the takin& of an account is necessary for the infor$ation of the court "efore 3ud&$ent. and $ay direct hi$ to re!ort only u!on !articular issues. Sec. &i*in& notice to the a"sent !arty or his counsel of the ad3ourn$ent. if any. 8hen his !owers are not s!ecified or li$ited.days after the date of the order of reference and shall notify the !arties or their counsel. other than u!on the !leadin&s. .". 5. Sec. !a!ers and the transcri!t.c. 9"3ections to the re!ort "ased u!on &rounds which were a*aila"le to the !arties durin& the !roceedin&s "efore the co$$issioner. $ay a!!ly to the court for an order re<uirin& the co$$issioner to e2!edite the !roceedin&s and to $ake his re!ort. Sec. 3. direct a reference to a co$$issioner in the followin& cases0 . 1 ilu!e of " !ties to ""e ! #efo!e co++issione!. in his discretion. u!on the a!!lication of either or of its own $otion. de!ositions. Sec. affida*its. Re"o!t of co++issione!. shall "e dee$ed a conte$!t of the court which a!!ointed the co$$issioner. or to recei*e and re!ort e*idence only. other than o"3ections to the findin&s and conclusions therein set forth. Sec. the co$$issioner has and shall e2ercise the !ower to re&ulate the !roceedin&s in e*ery hearin& "efore hi$ and to do all acts and take all $easures necessary or !ro!er for the efficient !erfor$ance of his duties under the order. Sec. 5 :!on recei!t of the order of reference and unless otherwise !ro*ided therein. in any sta&e of a case. O!(e! of !efe!enceA "owe!s of the co++issione!. ad3ourn the !roceedin&s to a future day. #u"3ect to the s!ecifications and li$itations stated in the order. 6ither !arty. Notice to " !ties of the filin& of !e"o!t. shall not "e considered "y the court unless they were $ade "efore the co$$issioner. 1:. the court $ay order any or all of the issues in a case to "e referred to a co$$issioner to "e a&reed u!on "y the !arties or to "e a!!ointed "y the court. 5 8hen a reference is $ade. 5 The refusal of a witness to o"ey a su"!oena issued "y the co$$issioner or to &i*e e*idence "efore hi$. Refe!ence o!(e!e( on +otion. 5 By written consent of "oth !arties. 5 /t is the duty of the co$$issioner to !roceed with all reasona"le dili&ence. . Sec. 5 :!on the filin& of the re!ort. . the co$$issioner $ay !roceed e2 !arte or.days within which to si&nify &rounds of o"3ections to the findin&s of the re!ort.8hen a <uestion of fact. he shall file with the court his re!ort in writin& u!on the $atters su"$itted to hi$ "y the order of reference.e shall attach thereto all e2hi"its. %o++issione! sh ll 'oi( (el 2s. if they so desire. Refus l of witness. the co$$issioner shall forthwith set a ti$e and !lace for the first $eetin& of the !arties or their counsel to "e held within ten . or for carryin& a 3ud&$ent or order into effect7 . and $ay fi2 the date for "e&innin& and closin& the hearin&s and for the filin& of his re!ort. and they shall "e allowed ten . the court $ay. The trial or hearin& "efore hi$ shall !roceed in all res!ects as it would if held "efore the court. Sec. an auditor and an e2a$iner. 's used in these 1ules. swear witnesses. and unless otherwise !ro*ided in the order of reference. or to do or !erfor$ !articular acts.

and shall show affir$ati*ely that the affiant is . /t shall thereu!on $ake an order s!ecifyin& the facts that a!!ear without su"stantial contro*ersy. .8here an answer fails to tender an issue. e2ce!t as to the a$ount of da$a&es. Sec. at any ti$e.' !arty seekin& to reco*er u!on a clai$. or ad$issions at least three . or re<uirin& the !arties to !resent further e*idence "efore the co$$issioner or the court. su!!ortin& affida*its.days "efore the hearin&. 5 :!on the e2!iration of the !eriod of ten . $o*e with su!!ortin& affida*its. Su++ !2 7u(&+ent fo! cl i+ nt. Sec. de!ositions. ). 4otion n( "!ocee(in&s the!eon. shall set forth such facts as would "e ad$issi"le in e*idence. % se not full2 (7u(ic te( on +otion.owe*er. /f his $otion is denied.Page 35 of 99 Sec. includin& the e2tent to which the a$ount of da$a&es or other relief is not in contro*ersy. at any ti$e after the !leadin& in answer thereto has "een ser*ed.' !arty a&ainst who$ a clai$. Sti"ul tions s to fin(in&s. $. and ad$issions on file. *. RULE $) >U-G4ENT ON T. the 3ud&$ent sou&ht shall "e rendered forthwith if the !leadin&s. Su++ !2 7u(&+ent fo! (efen(in& " !t2. . or a!!ortioned. de!ositions or ad$issions for a su$$ary 3ud&$ent in his fa*or u!on all or any !art thereof. the $aterial facts alle&ed in the co$!laint shall always "e !ro*ed. and directin& such further !roceedin&s in the action as are 3ust. Sec. the court at the hearin& of the $otion. direct 3ud&$ent on such !leadin&. The ad*erse !arty $ay ser*e o!!osin& affida*its. de!ositions. .days "efore the ti$e s!ecified for the hearin&. 1o!+ of ffi( 'its n( su""o!tin& " "e!s. the re!ort shall "e set for hearin&.10. . 3ud&$ent is not rendered u!on the whole case or for all the reliefs sou&ht and a trial is necessary.days referred to in the !recedin& section.E PLEA-INGS Section 1. The facts so s!ecified shall "e dee$ed esta"lished. show that. 12. he shall ha*e the ri&ht to !resent e*idence./f on $otion under this 1ule. or cross5clai$ or to o"tain a declaratory relief $ay. 5 The court shall allow the co$$issioner such reasona"le co$!ensation as the circu$stances of the case warrant. .e !in& u"on !e"o!t. . and the trial shall "e conducted on the contro*erted facts accordin&ly. . Sec. or reco$$ittin& it with instructions. $o*e with su!!ortin& affida*its. the defendant $ay $o*e for dis$issal on the &round that u!on the facts and the law the !laintiff has shown no ri&ht to relief. 2. or re3ectin& the re!ort in whole or in !art. as 3ustice re<uires. RULE $$ -E4URRER TO EVI-EN%E Section 1. %o+"ens tion of co++issione!. to "e ta2ed as costs a&ainst the defeated !arty. only <uestions of law shall thereafter "e considered. or cross5clai$ is asserted or a declaratory relief is sou&ht $ay. /f the $otion is &ranted "ut on a!!eal the order of dis$issal is re*ersed he shall "e dee$ed to ha*e wai*ed the ri&ht to !resent e*idence. RULE $* SU44AR. . de!ositions or ad$issions for a su$$ary 3ud&$ent in his fa*or as to all or any !art thereof. $odifyin&. >U-G4ENTS Section 1. . -e+u!!e! to e'i(ence. "y e2a$inin& the !leadin&s and the e*idence "efore it and "y interro&atin& counsel shall ascertain what $aterial facts e2ist without su"stantial contro*ersy and what are actually and in &ood faith contro*erted. the court $ay.The $otion shall "e ser*ed at least ten . >u(&+ent on the "le (in&s. or otherwise ad$its the $aterial alle&ations of the ad*erse !artyGs !leadin&. in actions for declaration of nullity or annul$ent of $arria&e or for le&al se!aration. there is no &enuine issue as to any $aterial fact and that the $o*in& !arty is entitled to a 3ud&$ent as a $atter of law.l0. 'fter the hearin&. Sec. 5 'fter the !laintiff has co$!leted the !resentation of his e*idence. Sec. counterclai$. on $otion of that !arty. counterclai$.#u!!ortin& and o!!osin& affida*its shall "e $ade on !ersonal knowled&e. after which the court shall issue an order ado!tin&. 1$. 11. 5 8hen the !arties sti!ulate that a co$$issionerGs findin&s of fact shall "e final.

. $istake or e2cusa"le ne&li&ence which ordinary !rudence could not ha*e &uarded a&ainst and "y reason of which such a&&rie*ed !arty has !ro"a"ly "een i$!aired in his ri&hts7 or .' 3ud&$ent or final order deter$inin& the $erits of the case shall "e in writin& !ersonally and directly !re!ared "y the 3ud&e. Sec. .Newly disco*ered e*idence.ENTR. . render 3ud&$ent a&ainst one or $ore of the$. Sec. . the 3ud&$ent shall set out their indi*idual or !ro!er na$es. . if known. with a certificate that such 3ud&$ent or final order has "eco$e final and e2ecutory. The date of finality of the 3ud&$ent or final order shall "e dee$ed to "e the date of its entry. . . the court.#hould it a!!ear to its satisfaction at any ti$e that any of the affida*its !resented !ursuant to this 1ule are !resented in "ad faith. u!on a deter$ination of the issues $aterial to a !articular clai$ and all counterclai$s arisin& out of the transaction or occurrence which is the su"3ect $atter of the clai$. which he could not. The record shall contain the dis!ositi*e !art of the 3ud&$ent or final order and shall "e si&ned "y the clerk. Sec. /n case a se!arate 3ud&$ent is rendered. >u(&+ent & inst entit2 without 7u!i(ic l "e!son lit2. G!oun(s of n( "e!io( fo! filin& +otion fo! new t!i l o! !econsi(e! tion. Ren(ition of 7u(&+ents n( fin l o!(e!s. . Ent!2 of 7u(&+ents n( fin l o!(e!s. lea*in& the action to !roceed a&ainst the others. and filed with the clerk of the court. statin& clearly and distinctly the facts and the law on which it is "ased..a.EREO1 Section 1. The 3ud&$ent shall ter$inate the action with res!ect to the clai$ so dis!osed of and the action shall !roceed as to the re$ainin& clai$s.Page 36 of 99 co$!etent to testify to the $atters stated therein. 2. the court "y order $ay stay its enforce$ent until the rendition of a su"se<uent 3ud&$ent or 3ud&$ents and $ay !rescri"e such conditions as $ay "e necessary to secure the "enefit thereof to the !arty in whose fa*or the 3ud&$ent is rendered. or solely for the !ur!ose of delay. si&ned "y hi$. RULE $. $ay render a se!arate 3ud&$ent dis!osin& of such clai$. and which if !resented would !ro"a"ly alter the result. %ertified true co!ies of all !a!ers or !arts thereof referred to in the affida*it shall "e attached thereto or ser*ed therewith. the court $ay.=raud. RULE $7 NE9 TRIAL OR RE%ONSI-ERATION Section 1. *. $. ). when a se*eral 3ud&$ent is !ro!er.". . the court $ay re<uire the !arties on each side to file ad*ersary !leadin&s as "etween the$sel*es and deter$ine their ulti$ate ri&hts and o"li&ations. further ad3ud&e the offendin& !arty or counsel &uilty of conte$!t.Jud&$ent $ay "e &i*en for or a&ainst one or $ore of se*eral !laintiffs. the a&&rie*ed !arty $ay $o*e the trial court to set aside the 3ud&$ent or final order and &rant a new trial for one or $ore of the followin& causes $aterially affectin& the su"stantial ri&hts of said !arty0 . and for or a&ainst one or $ore of se*eral defendants. ha*e disco*ered and !roduced at the trial. 8hen 3ustice so de$ands. >U-G4ENTS= 1INAL OR-ERS AN.8ithin the !eriod for takin& an a!!eal.8hen 3ud&$ent is rendered a&ainst two or $ore !ersons sued as an entity without 3uridical !ersonality. Se" ! te 7u(&+ents./f no a!!eal or $otion for new trial or reconsideration is filed within the ti$e !ro*ided in these 1ules.. after hearin&. Sec./n an action a&ainst se*eral defendants. at any sta&e. /t $ay. accident. Sec. the 3ud&$ent or final order shall forthwith "e entered "y the clerk in the "ook of entries of 3ud&$ents. the court shall forthwith order the offendin& !arty or counsel to !ay to the other !arty the a$ount of the reasona"le e2!enses which the filin& of the affida*its caused hi$ to incur. >u(&+ent fo! o! & inst one o! +o!e of se'e! l " !ties. Sec. with reasona"le dili&ence. includin& attorneyGs fees. Se'e! l 7u(&+ents. . . Affi( 'its in # ( f ith. T.8hen $ore than one clai$ for relief is !resented in an action.

' $otion for the cause $entioned in !ara&ra!h .The trial court $ay set aside the 3ud&$ent or final order and &rant a new trial. RULE $3 RELIE1 1RO4 >U-G4ENTS= OR-ERS= OR OT. Sec.days fro$ the ti$e it is su"$itted for resolution.'n order denyin& a $otion for new trial or reconsideration is not a!!eala"le. Effect of &! ntin& of +otion fo! new t!i l. .' $otion for new trial or reconsideration shall "e resol*ed within thirty ./f a new trial is &ranted in accordance with the !ro*isions of this 1ule. or that the decision or final order is contrary to law. Action u"on +otion fo! new t!i l o! !econsi(e! tion.a. the court $ay either enter a 3ud&$ent or final order as to the rest. in so far as the sa$e is $aterial and co$!etent to esta"lish the issues. 0. Sec. ' second $otion for new trial. 2. of the !arties to it.shall "e su!!orted "y affida*its of the witnesses "y who$ such e*idence is e2!ected to "e &i*en. Re+e(2 & inst o!(e! (en2in& +otion fo! new t!i l o! !econsi(e! tion.8hen less than all of the issues are ordered retried. Effect of o!(e! fo! " !ti l new t!i l. Sec. ' $otion for new trial shall "e !ro*ed in the $anner !ro*ided for !roof of $otions. *.of the !recedin& section shall "e su!!orted "y affida*its of $erits which $ay "e re"utted "y affida*its. the court $ay order a new trial or &rant reconsideration as to such issues if se*era"le without interferin& with the 3ud&$ent or final order u!on the rest. .. shall "e used at the new trial without retakin& the sa$e.". $. or less than all. that the e*idence is insufficient to 3ustify the decision or final order. or $ay deny the $otion.7. $akin& e2!ress reference to the testi$onial or docu$entary e*idence or to the !ro*isions of law alle&ed to "e contrary to such findin&s or conclusions. or only one. Sec. 3. ' !ro for$a $otion for new trial or reconsideration shall not toll the re&le$entary !eriod of a!!eal. Resolution of +otion. P !ti l new t!i l o! !econsi(e! tion. the ori&inal 3ud&$ent or final order shall "e *acated.ER PRO%EE-INGS . ). Sec. /f the court finds that e2cessi*e da$a&es ha*e "een awarded or that the 3ud&$ent or final order is contrary to the e*idence or law. a written notice of which shall "e ser*ed "y the $o*ant on the ad*erse !arty.' $otion for new trial shall include all &rounds then a*aila"le and those not so included shall "e dee$ed wai*ed. Sec. ' $otion for reconsideration shall !oint out s!ecifically the findin&s or conclusions of the 3ud&$ent or final order which are not su!!orted "y the e*idence or which are contrary to law. . or "y duly authenticated docu$ents which are !ro!osed to "e introduced in e*idence. or stay the enforce$ent of such 3ud&$ent or final order until after the new trial. . Sec. . Sec. "ased on a &round not e2istin& nor a*aila"le when the first $otion was $ade./f the &rounds for a $otion under this 1ule a!!ear to the court to affect the issues as to only a !art. 5. Secon( +otion fo! new t!i l. %ontents of +otion fo! new t!i l o! !econsi(e! tion n( notice the!eof.Page 37 of 99 8ithin the sa$e !eriod. or less than all of the $atter in contro*ersy. it $ay a$end such 3ud&$ent or final order accordin&ly.The $otion shall "e $ade in writin& statin& the &round or &rounds therefor. . . . . and the action shall stand for trial de no*o7 "ut the recorded e*idence taken u!on the for$er trial. the re$edy "ein& an a!!eal fro$ the 3ud&$ent or final order. No !arty shall "e allowed a second $otion for reconsideration of a 3ud&$ent or final order. u!on such ter$s as $ay "e 3ust. $ay "e filed within the ti$e herein !ro*ided e2cludin& the ti$e durin& which the first $otion had "een !endin&. the a&&rie*ed !arty $ay also $o*e for reconsideration u!on the &rounds that the da$a&es awarded are e2cessi*e. ' $otion for the cause $entioned in !ara&ra!h .

when the interest of 3ustice so re<uires.62ecution of a 3ud&$ent or final order !endin& a!!eal. /f the a!!eal has "een duly !erfected and finally resol*ed. accident. it finds that the alle&ations thereof are not true. on $otion in the sa$e case. Sec. .8hen a 3ud&$ent or final order is entered.days after the !etitioner learns of the 3ud&$ent. . Petition fo! !elief f!o+ (eni l of ""e l. C . *.62ecution shall issue as a $atter of ri&ht. final order or other !roceedin& had ne*er "een rendered. the e2ecution $ay forthwith "e a!!lied for in the court of ori&in. P!ocee(in&s fte! nswe! is file(. order or !roceedin& "e set aside.D0. P!eli+in !2 in7unction "en(in& "!ocee(in&s. "y fraud. P!oce(u!e whe!e the (eni l of n ""e l is set si(e. he $ay file a !etition in such court and in the sa$e case !rayin& that the 3ud&$ent. Sec. .' !etition !ro*ided for in either of the !recedin& sections of this 1ule $ust "e *erified. -isc!etion !2 e8ecution. the court in which it is filed. or e2cusa"le ne&li&ence. has "een !re*ented fro$ takin& an a!!eal. u!on a 3ud&$ent or order that dis!oses of the action or !roceedin& u!on the e2!iration of the !eriod to a!!eal therefro$ if no a!!eal has "een duly !erfected. and not $ore than si2 .Page 38 of 99 Section 1. 2. accident. . shall issue an order re<uirin& the ad*erse !arties to answer the sa$e within fifteen . accident. or other !roceedin& to "e set aside. . it shall set aside the 3ud&$ent or final order or other !roceedin&s co$!lained of u!on such ter$s as $ay "e 3ust. issued or taken.H 9n $otion of the !re*ailin& !arty will notice to the ad*erse !arty filed in the trial court while it has 3urisdiction o*er the case and is in !ossession of either the ori&inal record or the record on . The court shall then !roceed to hear and deter$ine the case as if a ti$ely $otion for a new trial or reconsideration had "een &ranted "y it. the !etition shall "e dis$issed7 "ut if it finds said alle&ations to "e true. or e2cusa"le ne&li&ence.1+.D. Sec. he $ay file a !etition in such court and in the sa$e case !rayin& that the a!!eal "e &i*en due course.8hen a 3ud&$ent or final order is rendered "y any court in a case. $. . $istake. on $otion. Petition fo! !elief f!o+ 7u(&+ent= o!(e!= o! othe! "!ocee(in&s. and a !arty thereto. Sec.The court in which the !etition is filed. or any other !roceedin& is thereafter taken a&ainst a !arty in any court throu&h fraud. u!on the filin& "y the !etitioner of a "ond in fa*or of the ad*erse !arty all da$a&es and costs that $ay "e awarded to hi$ "y reason of issuance of such in3unction or the other !roceedin&s followin& the !etition7 "ut such in3unction shall not o!erate to dischar&e or e2tin&uish any lien which the ad*erse !arty $ay ha*e ac<uired u!on the !ro!erty of the !etitioner.8here the denial of an a!!eal is set aside. The a!!ellate court $ay. or e2cusa"le ne&li&ence relied u!on. O!(e! to file n nswe!. filed within si2ty . the lower court shall "e re<uired to &i*e due course to the a!!eal and to ele*ate the record of the a!!ealed case as if a ti$ely and !ro!er a!!eal had "een $ade. Sec. . Sec. to&ether with co!ies of the !etition and the acco$!anyin& affida*its. . Thereafter the case shall stand as if such 3ud&$ent./f the !etition is sufficient in for$ and su"stance to 3ustify relief.'fter the filin& of the answer or the e2!iration of the !eriod therefor. with notice to the ad*erse !arty.days fro$ the recei!t thereof. or such !roceedin& was taken7 and $ust "e acco$!anied with affida*its showin& the fraud. 2. Ti+e fo! filin& "etitionA contents n( 'e!ific tion. ). final order. the court shall hear the !etition and if after such hearin&. . direct the court of ori&in to issue the writ of e2ecution.E11E%T O1 >U-G4ENTS Section 1. and the facts constitutin& the !etitioner?s &ood and su"stantial cause of action or defense. su"$ittin& therewith certified true co!ies of the 3ud&$ent or 3ud&$ents or final order or orders sou&ht to "e enforced and of the entry thereof. Sec.. RULE $5 EBE%UTION= SATIS1A%TION AN.a. $ay &rant such !reli$inary in3unction as $ay "e necessary for the !reser*ation of the ri&hts of the !arties. on $otion of the 3ud&$ent o"li&ee. 7. $istake.$onths after such 3ud&$ent or final order was entered. $istake. E8ecution u"on 7u(&+ents o! fin l o!(e!s. The order shall "e ser*ed in such $anner as the court $ay direct. as the case $ay "e.

Page 39 of 99

a!!eal, as the case $ay "e, at the ti$e of the filin& of such $otion, said court $ay, in its discretion, order e2ecution of a 3ud&$ent or final order e*en "efore the e2!iration of the !eriod to a!!eal. 'fter the trial court has lost 3urisdiction, the $otion for e2ecution !endin& a!!eal $ay "e filed in the a!!ellate court. @iscretionary e2ecution $ay only issue u!on &ood reasons to "e stated in a s!ecial order after due hearin&. ,"- 62ecution of se*eral, se!arate or !artial 3ud&$ents.H ' se*eral se!arate or !artial 3ud&$ent $ay "e e2ecuted under the sa$e ter$s and conditions as e2ecution of a 3ud&$ent or final order !endin& a!!eal. Sec. $. St 2 of (isc!etion !2 e8ecution. - @iscretionary e2ecution issued under the !recedin& section $ay "e stayed u!on a!!ro*al "y the !ro!er court of a sufficient su!ersede as "ond filed "y the !arty a&ainst who$ it is directed, conditioned u!on the !erfor$ance of the 3ud&$ent or order allowed to "e e2ecuted in case it shall "e finally sustained in whole or in !art. The "ond thus &i*en $ay "e !roceeded a&ainst on $otion with notice to the surety. Sec. ). >u(&+ents not st 2e( #2 ""e l. - Jud&$ents in actions for in3unction, recei*ershi!, accountin& and su!!ort, and such other 3ud&$ents as are now or $ay hereafter "e declared to "e i$$ediately e2ecutory, shall "e enforcea"le after their rendition and shall not "e stayed "y an a!!eal taken therefro$, unless otherwise ordered "y the trial court. 9n a!!eal therefro$, the a!!ellate court in its discretion $ay $ake an order sus!endin&, $odifyin&, restorin& or &rantin& the in3unction, recei*ershi!, accountin&, or award of su!!ort. The stay of e2ecution shall "e u!on such ter$s as to "ond or otherwise as $ay "e considered !ro!er for the security or !rotection of the ri&hts of the ad*erse !arty. Sec. *. Effect of !e'e!s l of e8ecute( 7u(&+ent. - 8here the e2ecuted 3ud&$ent is re*ersed totally or !artially, or annulled, on a!!eal or otherwise, the trial court $ay, on $otion, issue such orders of restitution or re!aration of da$a&es as e<uity and 3ustice $ay warrant under the circu$stances. Sec. ,. E8ecution #2 +otion o! #2 in(e"en(ent ction. - ' final and e2ecutory 3ud&$ent or order $ay "e e2ecuted on $otion within fi*e ,+- years fro$ the date of its entry. 'fter the la!se of such ti$e, and "efore it is "arred "y the statute of li$itations, a 3ud&$ent $ay "e enforced "y action. The re*i*ed 3ud&$ent $ay also "e enforced "y $otion within fi*e ,+- years fro$ the date of its entry and thereafter "y action "efore it is "arred "y the statute of li$itations. Sec. 7. E8ecution in c se of (e th of " !t2. - /n case of the death of !arty, e2ecution $ay issue or "e enforced in the followin& $anner0 ,a- /n case of the death of the 3ud&$ent o"li&ee, u!on the a!!lication of his e2ecutor or ad$inistrator, or successor in interest7 ,"- /n case of the death of the 3ud&$ent o"li&or, a&ainst his e2ecutor or ad$inistrator or successor in interest, if the 3ud&$ent "e for the reco*ery of real or !ersonal !ro!erty, or the enforce$ent of the lien thereon7 ,c- /n case of the death of the 3ud&$ent o"li&or, after e2ecution is actually le*ied u!on any of his !ro!erty, the sa$e $ay "e sold for the satisfaction of the 3ud&$ent o"li&ation, and the officer $akin& the sale shall account to the corres!ondin& e2ecutor or ad$inistrator for any sur!lus in his hands. Sec. 3. Issu nce= fo!+ n( contents of w!it of e8ecution. - The writ of e2ecution shall0 ,1- issue in the na$e of the 1e!u"lic of the )hili!!ines fro$ the court which &ranted the $otion7 ,B- state the na$e of the court, the case nu$"er and title, the dis!ositi*e !art of the su"3ect 3ud&$ent or order7 and , - re<uire the sheriff or other !ro!er officer to who$ it is directed to enforce the writ accordin& to its ter$s, in the $anner herein after !ro*ided0 ,a- /f the e2ecution "e a&ainst the !ro!erty of the 3ud&$ent o"li&or, to satisfy the 3ud&$ent, with interest, out of the real or !ersonal !ro!erty of such 3ud&$ent o"li&or7

Page 40 of 99

,"- /f it "e a&ainst real or !ersonal !ro!erty in the hands of !ersonal re!resentati*es, heirs, de*isees, le&atees, tenants, or trustees of the 3ud&$ent o"li&or, to satisfy the 3ud&$ent, with interest, out of such !ro!erties7 ,c- /f it "e for the sale of real or !ersonal !ro!erty, to sell such !ro!erty, descri"in& it, and a!!ly the !roceeds in confor$ity with the 3ud&$ent, the $aterial !arts of which shall "e recited in the writ of e2ecution7 ,d- /f it "e for the deli*ery of the !ossession of real or !ersonal !ro!erty, to deli*er the !ossession of the sa$e, descri"in& it, to the !arty entitled thereto, and to satisfy any costs, da$a&es, rents, or !rofits co*ered "y the 3ud&$ent out of the !ersonal !ro!erty of the !erson a&ainst who$ it was rendered, and if sufficient !ersonal !ro!erty cannot "e found, then out of the real !ro!erty7 and ,e- /n all cases, the writ of e2ecution shall s!ecifically state the a$ount of the interest, costs, da$a&es, rents, or !rofits due as of the date of the issuance of the writ, aside fro$ the !rinci!al o"li&ation under the 3ud&$ent. =or this !ur!ose, the $otion for e2ecution shall s!ecify the a$ounts of the fore&oin& reliefs sou&ht "y the $o*ant. Sec. 5. E8ecution of 7u(&+ents fo! +one2= how enfo!ce(. ,a- /$$ediate !ay$ent on de$and. 5 The officer shall enforce an e2ecution of a 3ud&$ent for $oney "y de$andin& fro$ the 3ud&$ent o"li&or the i$$ediate !ay$ent of the full a$ount stated in the writ of e2ecution and all lawful fees. The 3ud&$ent o"li&or shall !ay in cash, certified "ank check !aya"le to the 3ud&$ent o"li&ee or his authori4ed re!resentati*e if !resent at the ti$e of !ay$ent. The lawful fees shall "e handed under !ro!er recei!t to the e2ecutin& sheriff who shall turn o*er the said a$ount within the sa$e day to the clerk of court of the court that issued the writ. /f the 3ud&$ent o"li&ee or his authori4ed re!resentati*e is not !resent to recei*e !ay$ent, the 3ud&$ent o"li&or shall deli*er the aforesaid !ay$ent to the e2ecutin& sheriff. The latter shall turn o*er all the a$ounts co$in& into his !ossession within the sa$e day to the clerk of court of the court that issued the writ, or if the sa$e is not !ractica"le, de!osit said a$ount to a fiduciary account in the nearest &o*ern$ent de!ository "ank of the 1e&ional Trial %ourt of the locality. The clerk of court shall thereafter arran&e for the re$ittance of the de!osit to the account of the court that issued the writ whose clerk of court shall then deli*er said !ay$ent to the 3ud&$ent o"li&ee in satisfaction of the 3ud&$ent. The e2cess, if any, shall "e deli*ered to the 3ud&$ent o"li&or while the lawful fees shall "e retained "y the clerk of court for dis!osition as !ro*ided "y law. /n no case shall the e2ecutin& sheriff de$and that any !ay$ent "y check "e $ade !aya"le to hi$. ,"- #atisfaction "y le*y. 5 /f the 3ud&$ent o"li&or cannot !ay all or !art of the o"li&ation in cash, certified "ank check or other $ode of !ay$ent acce!ta"le to the 3ud&$ent o"li&ee, the officer shall le*y u!on the !ro!erties of the 3ud&$ent o"li&or of e*ery kind and nature whatsoe*er which $ay "e dis!osed of for *alue and not otherwise e2e$!t fro$ e2ecution &i*in& the latter the o!tion to i$$ediately choose which !ro!erty or !art thereof $ay "e le*ied u!on, sufficient to satisfy the 3ud&$ent. /f the 3ud&$ent o"li&or does not e2ercise the o!tion, the officer shall first le*y on the !ersonal !ro!erties, if any, an then on the real !ro!erties if the !ersonal !ro!erties are insufficient to answer for the 3ud&$ent. The sheriff shall sell only a sufficient !ortion of the !ersonal or real !ro!erty of the 3ud&$ent o"li&or which has "een le*ied u!on. 8hen there is $ore !ro!erty of the 3ud&$ent o"li&or than is sufficient to satisfy the 3ud&$ent and lawful fees, he $ust sell only so $uch of the !ersonal or real !ro!erty as is sufficient to satisfy the 3ud&$ent and lawful fees. 1eal !ro!erty, stocks, shares, de"ts, credits, and other !ersonal !ro!erty, or any interest in either real or !ersonal !ro!erty, $ay "e le*ied u!on in like $anner and with like effect as under a writ of attach$ent. ,c- >arnish$ent of de"ts and credits. 5 The officer $ay le*y on de"ts due the 3ud&$ent o"li&or and other credits, includin& "ank de!osits, financial interests, royalties, co$$issions and other !ersonal !ro!erty not ca!a"le of $anual deli*ery in the !ossession or control of third !arties. Ee*y shall "e $ade "y ser*in& notice u!on the !erson owin& such de"ts or ha*in& in his

Page 41 of 99

!ossession or control such credits to which the 3ud&$ent o"li&or is entitled. The &arnish$ent shall co*er only such a$ount as will satisfy the 3ud&$ent and all lawful fees. The &arnishee shall $ake a written re!ort to the court within fi*e ,+- days fro$ ser*ice of the notice of &arnish$ent statin& whether or not the 3ud&$ent o"li&or has sufficient funds or credits to satisfy the a$ount of the 3ud&$ent. /f not, the re!ort shall state how $uch funds or credits the &arnishee holds for the 3ud&$ent o"li&or. The &arnished a$ount in cash, or certified "ank check issued in the na$e of the 3ud&$ent o"li&ee, shall "e deli*ered directly to the 3ud&$ent o"li&ee within ten ,10- workin& days fro$ ser*ice of notice on said &arnishin& re<uirin& such deli*ery, e2ce!t the lawful fees which shall "e !aid directly to the court. /n the e*ent there are two or $ore &arnishees holdin& de!osits or credits sufficient to satisfy the 3ud&$ent, the 3ud&$ent o"li&or, if a*aila"le, shall ha*e the ri&ht to indicate the &arnishee or &arnishees who shall "e re<uired to deli*er the a$ount due7 otherwise, the choice shall "e $ade "y the 3ud&$ent o"li&ee. The e2ecutin& sheriff shall o"ser*e the sa$e !rocedure under !ara&ra!h ,a- with res!ect to deli*ery of !ay$ent to the 3ud&$ent o"li&ee. Sec. 1:. E8ecution of 7u(&+ents fo! s"ecific ct. ,a- %on*eyance, deli*ery of deeds, or other s!ecific acts7 *estin& title. 5 /f a 3ud&$ent directs a !arty who e2ecute a con*eyance of land or !ersonal !ro!erty, or to deli*er deeds or other docu$ents, or to !erfor$ any other s!ecific act in connection therewith, and the !arty fails to co$!ly within the ti$e s!ecified, the court $ay direct the act to "e done at the cost of the diso"edient !arty "y so$e other !erson a!!ointed "y the court and the act when so done shall ha*e like effect as if done "y the !arty. /f real or !ersonal !ro!erty is situated within the )hili!!ines, the court in lieu of directin& a con*eyance thereof $ay "e an order di*est the title of any !arty and *est it in others, which shall ha*e the force and effect of a con*eyance e2ecuted in due for$ of law. ,"- #ale of real or !ersonal !ro!erty.H /f the 3ud&$ent "e for the sale of real or !ersonal !ro!erty, to sell such !ro!erty, descri"in& it, and a!!ly the !roceeds in confor$ity with the 3ud&$ent. ,c- @eli*ery or restitution of real !ro!erty.5 The officer shall de$and of the !erson a&ainst who$ the 3ud&$ent for the deli*ery or restitution of real !ro!erty is rendered and all !erson clai$in& ri&hts under hi$ to !eacea"ly *acate the !ro!erty within three , - workin& days, and restore !ossession thereof to the 3ud&$ent o"li&ee7 otherwise, the officer shall oust and such !ersons therefro$ with the assistance, if necessary of a!!ro!riate !eace officers, and e$!loyin& such $eans as $ay "e reasona"ly necessary to retake !ossession, and !lace the 3ud&$ent o"li&ee in !ossession of such !ro!erty. 'ny costs, da$a&es, rents or !rofits awarded "y the 3ud&$ent shall "e satisfied in the sa$e $anner as a 3ud&$ent for $oney. ,d- 1e$o*al of i$!ro*e$ents on !ro!erty su"3ect of e2ecution.5 8hen the !ro!erty su"3ect of the e2ecution contains i$!ro*e$ents constructed or !lanted "y the 3ud&$ent o"li&or or his a&ent, the officer shall not destroy, de$olish or re$o*e said i$!ro*e$ents e2ce!t u!on s!ecial order of the court issued u!on $otion of the 3ud&$ent o"li&ee after due hearin& and after the for$er has failed to re$o*e the sa$e within a reasona"le ti$e fi2ed "y the court. ,e- @eli*ery of !ersonal !ro!erty.5 /n 3ud&$ents for the deli*ery of !ersonal !ro!erty, the officer shall take !ossession of the sa$e and forthwith deli*er it to the !arty entitled thereto and satisfy any 3ud&$ent for $oney as therein !ro*ided.

Sec. 11. E8ecution of s"eci l 7u(&+ents. 8hen a 3ud&$ent re<uires the !erfor$ance of any act other than those $entioned in the two !recedin& sections, a certified co!y of the 3ud&$ent shall "e attached to the writ of e2ecution and shall "e ser*ed "y the officer u!on the !arty a&ainst who$ the sa$e is rendered, or u!on any other !erson re<uired there"y, or "y law, to o"ey the sa$e, and such !arty or !erson $ay "e !unished for conte$!t if he diso"eys such 3ud&$ent.

l.h.3. or $oney or !ro!erty o"tained as such su!!ort.)ro*isions for indi*idual or fa$ily use sufficient for four $onths7 . of a *alue not e2ceedin& one hundred thousand !esos7 . !ri*ile&es. teachers.The 3ud&$ent o"li&or?s fa$ily ho$e as !ro*ided "y law. Sec.Page 42 of 99 Sec. Sec. 1$. sur*eyors.#o $uch of the salaries.9ne fishin& "oat and accessories not e2ceedin& the total *alue of one hundred thousand !esos owned "y a fisher$an and "y the lawful use of which he earns his li*elihood7 . e2cludin& 3ewelry7 . and other !rofessionals... /f the 3ud&$ent cannot "e satisfied in full within thirty . or three cows. shall "e e2e$!t fro$ e2ecution0 .The !rofessional li"raries and e<ui!$ent of 3ud&es. #uch writ shall continue in effect durin& the !eriod within which the 3ud&$ent $ay "e enforced "y $otion. Effect of le'2 on e8ecution s to thi!( "e!sons. Retu!n of w!it of e8ecution. 62ce!t as otherwise e2!ressly !ro*ided "y law. en&ineers. or any !ension or &ratuity fro$ the >o*ern$ent7 . title and interest of the 3ud&$ent o"li&or in such !ro!erty at the ti$e of the le*y.i. P!o"e!t2 e8e+"t f!o+ e8ecution. su"3ect to liens and encu$"rances then e2istin&.Three horses. such as the 3ud&$ent o"li&or $ay select.f. or the ho$estead in which he resides. or other "easts of "urden such as the 3ud&$ent o"li&or $ay select necessarily used "y hi$ in his ordinary occu!ation7 .Monies "enefits.k.ousehold furniture and utensils necessary for housekee!in&. !hysicians. and land necessarily used in connection therewith7 .9rdinary tools and i$!le$ents !ersonally used "y hi$ in his trade.The ri&ht to recei*e le&al su!!ort. or three cara"aos. The le*y on e2ecution shall create a lien in fa*or of the 3ud&$ent o"li&ee o*er the ri&ht. 12. and no other. 1). But no article or s!ecies of !ro!erty $entioned in his section shall "e e2e$!t fro$ e2ecution issued u!on a 3ud&$ent reco*ered for its !rice or u!on a 3ud&$ent of foreclosure of a $ort&a&e thereon. The writ of e2ecution shall "e returna"le to the court issuin& it i$$ediately after the 3ud&$ent has "een satisfied in !art or in full.&.a.is necessary clothin& and articles for ordinary !ersonal use. The officer shall $ake a re!ort to the court e*ery thirty . 0. or annuities accruin& or in any $anner &rowin& out of any life insurance7 . the officer shall re!ort to the court and state the reason therefor. or earnin&s of the 3ud&$ent o"li&or of his !ersonal ser*ices within the four $onths !recedin& the le*y as are necessary for the su!!ort of his fa$ily7 .c.Eettered &ra*estones7 . dentists.days after his recei!t of the writ. e$!loy$ent.".d. wa&es. or li*elihood7 . lawyers. !har$acists. 0. the followin& !ro!erty.days on the !roceedin&s taken thereon until .)ro!erties s!ecially e2e$!t "y law. cler&y$en.e.$. not e2ceedin& three hundred thousand !esos in *alue7 . and used for that !ur!ose "y the 3ud&$ent o"li&or and his fa$ily.

a. =ili!ino. and if the assessed *alue of the !ro!erty e2ceeds fifty thousand . or any officer duly re!resentin& it. at least three . in the a"sence thereof. or its effecti*ity e2!ires. unless such 3ud&$ent o"li&ee. The !lace of the sale $ay "e a&reed u!on "y the !arties. Sec.!u"lic !laces a"o*e5$entioned a si$ilar notice !articularly descri"in& the !ro!erty and statin& where the !ro!erty is to "e sold. 1. /f the !ro!erty le*ied on is clai$ed "y any !erson other than the 3ud&$ent o"li&or or his a&ent. . the filin& of such "ond shall not "e re<uired.. files a "ond a!!ro*ed "y the court to inde$nify the third5 !arty clai$ant in a su$ not less than the *alue of the !ro!erty le*ied on.a.days in the three .1B0. the officer shall not "e "ound to kee! the !ro!erty. on de$and of the officer.00. the sa$e shall "e deter$ined "y the court issuin& the writ of e2ecution. Before the sale of !ro!erty on e2ecution. The notice shall s!ecify the !lace. for such ti$e as $ay "e reasona"le.+. The officer shall not "e lia"le for da$a&es for the takin& or kee!in& of the !ro!erty. and in case the sheriff or le*yin& officer is sued for da$a&es as a result of the le*y. "y !ostin& a si$ilar notice in the three . . /n the case of !ersonal !ro!erty ca!a"le of $anual deli*ery. e2ce!t as !ro*ided in !ara&ra!h . 17.B0. to any third5!arty clai$ant if such "ond is filed.c. statin& the &rounds of such ri&ht or title. he shall "e re!resented "y the #olicitor >eneral and if held lia"le therefor.days7 ./n case of other !ersonal !ro!erty.days fro$ the date of the filin& of the "ond. in the sa$e $anner as !ersonal ser*ice of !leadin&s and other !a!ers as !ro*ided "y #ection D of 1ule 1 . /n the a"sence of such a&ree$ent. considerin& the character and condition of the !ro!erty7 .". .!esos.000.consecuti*e weeks in one news!a!er selected "y raffle. Nothin& herein contained shall !re*ent such clai$ant or any third !erson fro$ *indicatin& his clai$ to the !ro!erty in a se!arate action. notice thereof $ust "e &i*en as follows0 . No clai$ for da$a&es for the takin& or kee!in& of the !ro!erty $ay "e enforced a&ainst the "ond unless the action therefor is filed within one hundred twenty . and ser*es the sa$e u!on the officer $akin& the le*y and a co!y thereof u!on the 3ud&$ent o"li&ee. /n case of disa&ree$ent as to such *alue.d. date and e2act ti$e of the sale which should not "e earlier than nine oGclock in the $ornin& and not later than two oGclock in the afternoon.days "efore the sale. the sale of real !ro!erty or !ersonal !ro!erty not ca!a"le of $anual deli*ery shall "e held in the office of the clerk of court of the 1e&ional Trial %ourt or the Munici!al Trial %ourt which issued the writ or which was desi&nated "y the a!!ellate court. whether in 6n&lish. "y !u"lishin& a co!y of the notice once a week for two . Sec. !ost office and !u"lic $arket in the $unici!ality or city where the sale is to take !lace. edited and circulated or. "y !ostin& for twenty . or !re*ent the 3ud&$ent o"li&ee fro$ clai$in& da$a&es in the sa$e or a se!arate action a&ainst a third5!arty clai$ant who filed a fri*olous or !lainly s!urious clai$. 1*./n all cases. P!ocee(in&s whe!e "!o"e!t2 cl i+e( #2 thi!( "e!son. Sec.!u"lic !laces.!u"lic !laces a"o*e5$entioned for not less than fi*e .hereof where notice shall "e &i*en at any ti$e "efore the sale. and shall "e filed with the court and co!ies thereof !ro$!tly furnished the !arties. Pen lt2 fo! sellin& without notice= o! !e+o'in& o! (ef cin& notice. ./n case of !erisha"le !ro!erty. or any $a3or re&ional lan&ua&e !u"lished. and such !erson $akes an affida*it of his title thereto or ri&ht to the !ossession thereof. the actual da$a&es ad3ud&ed "y the court shall "e !aid "y the National Treasurer out of such funds as $ay "e a!!ro!riated for the !ur!ose. ha*in& &eneral circulation in the !ro*ince or city7 .)+0. "y !ostin& written notice of the ti$e and !lace of the sale in three . !refera"ly in cons!icuous areas of the $unici!al or city hall./n case of real !ro!erty. written notice of the sale shall "e &i*en to the 3ud&$ent o"li&or.B. 8hen the writ of e2ecution is issued in fa*or of the 1e!u"lic of the )hili!!ines. Notice of s le of "!o"e!t2 on e8ecution. the sale shall "e held in the !lace where the !ro!erty is located.Page 43 of 99 the 3ud&$ent is satisfied in full. . The returns or !eriodic re!orts shall set forth the whole of the !roceedin&s taken.

21. when such !ro!erty consists of se*eral known lots or !arcels which can "e sold to ad*anta&e se!arately. 8hen the sale is of real !ro!erty. unless otherwise directed "y the 3ud&$ent or order of the court. or their duly authori4ed re!resentati*es. nor "e interested directly or indirectly in any !urchase at such sale. 'fter sufficient !ro!erty has "een sold to satisfy the e2ecution. shall "e sold. consistin& of se*eral known lots. to "e reco*ered "y $otion in the sa$e action. . it $ust "e sold within *iew of those attendin& the sa$e and in such !arcels as are likely to "rin& the hi&hest !rice.000. $ay direct the order in which !ro!erty. in which e*ent such !roceeds shall "e for the "enefit of the 3ud&$ent o"li&or.!esos to any !erson in3ured there"y. shall "e lia"le to !ay fi*e thousand . 8ithout such a&ree$ent. to the hi&hest "idder. The officer $ay thereafter re3ect any su"se<uent "id of such !urchaser who refuses to !ay. Sec. The a$ount of such !ay$ent shall "e for the "enefit of the !erson entitled to the !roceeds of the e2ecution. By written consent of the 3ud&$ent o"li&or and o"li&ee. . he shall !ay only the e2cess. Sec. unless the e2ecution has "een fully satisfied. nor his de!uties. !ays the !urchase !rice. and no third5!arty clai$ has "een filed. real or !ersonal. in addition to his actual da$a&es. or "efore the satisfaction of the 3ud&$ent if it "e satisfied "efore the sale. "oth to "e reco*ered "y $otion in the sa$e action7 and a !erson willfully re$o*in& or defacin& the notice !osted. 15. 8hen the !urchaser of any !ersonal !ro!erty. /f it does. 22. A(7ou!n+ent of s le. 't any ti$e "efore the sale of !ro!erty on e2ecution. Refus l of "u!ch se! to " 2.000. Sec. he need not !ay the a$ount of the "id if it does not e2ceed the a$ount of his 3ud&$ent. No s le if 7u(&+ent n( costs " i(. 'll sales of !ro!erty under e2ecution $ust "e $ade at !u"lic auction. 2:. with costs. The sale con*eys to the !urchaser all the ri&hts which the 3ud&$ent o"li&or had in such !ro!erty as of the date of the le*y on e2ecution or !reli$inary attach$ent. e2ecute and deli*er to hi$ a certificate of sale. 13. can "eco$e a !urchaser. if !resent at the sale. no $ore shall "e sold and any e2cess !ro!erty or !roceeds of the sale shall "e !ro$!tly deli*ered to the 3ud&$ent o"li&or or his authori4ed re!resentati*e.ow "!o"e!t2 sol( on e8ecutionA who + 2 (i!ect + nne! n( o!(e! of s le.)+. the officer $akin& the sale $ust deli*er the !ro!erty to the !urchaser and.)+. >u(&+ent o#li&ee s "u!ch se!.00. Sec. Sec. they $ust "e sold se!arately7 or. ca!a"le of $anual deli*ery. The 3ud&$ent o"li&or. 2$. if done "efore the sale. in addition to his actual da$a&es. and $ay !unish hi$ for conte$!t if he diso"eys the order. the officer $ay a&ain sell the !ro!erty to the hi&hest "idder and shall not "e res!onsi"le for any loss occasioned there"y7 "ut the court $ay order the refusin& !urchaser to !ay into the court the a$ount of such loss. %on'e2 nce to "u!ch se! of "e!son l "!o"e!t2 c " #le of + nu l (eli'e!2. Neither the officer conductin& the e2ecution sale. the officer $ay ad3ourn the sale to any date and ti$e a&reed u!on "y the$. Sec. he $ay ad3ourn the sale fro$ day to day if it "eco$es necessary to do so for lack of ti$e to co$!lete the sale on the day fi2ed in the notice or the day to which it was ad3ourned. if desired.!esos to any !erson in3ured "y reason thereof.Page 44 of 99 'n officer sellin& without the notice !rescri"ed "y section 1+ of this 1ule shall "e lia"le to !ay !uniti*e da$a&es in the a$ount of fi*e thousand . 2). 8hen the sale is of !ersonal !ro!erty ca!a"le of $anual deli*ery. the 3ud&$ent o"li&or $ay !re*ent the sale "y !ayin& the a$ount re<uired "y the e2ecution and the costs that ha*e "een incurred therein. Sec. when a !ortion of such real !ro!erty is clai$ed "y a third !erson. %on'e2 nce to "u!ch se! of "e!son l "!o"e!t2 not c " #le of + nu l (eli'e!2.000. 8hen the !urchaser is the 3ud&$ent o"li&ee. he $ay re<uire it to "e sold se!arately. /f a !urchaser refuses to !ay the a$ount "id "y hi$ for !ro!erty struck off to hi$ at a sale under e2ecution. to start at the e2act ti$e fi2ed in the notice.

The 3ud&$ent o"li&or. with interest thereon. with interest on such last5na$ed a$ount. 23. redee$ed fro$ any !re*ious rede$!tioner within si2ty .d.a. with interest. The !ro!erty $ay "e a&ain.Page 45 of 99 8hen the !urchaser of any !ersonal !ro!erty. the !ro!erty $ay "e redee$ed without !ayin& such assess$ents. 2*. Sec. "y !ayin& the !urchaser the a$ount of his !urchase.1eal !ro!erty sold as !ro*ided in the last !recedin& section. 2. and interest on such last na$ed a$ount at the sa$e rate7 and if the !urchaser "e also a creditor ha*in& a !rior lien to that of the rede$!tioner. 27. or rede$!tioner. Sec. and if any assess$ents or ta2es are !aid "y the rede$!tioner or if he has or ac<uires any lien other than that u!on which the rede$!tion was $ade. )ro!erty so redee$ed $ay a&ain "e redee$ed within si2ty . notice thereof $ust in like $anner "e &i*en to the officer and filed with the re&istry of deeds7 if such notice "e not filed.The !rice !aid for each distinct lot or !arcel7 . with interest. %on'e2 nce of !e l "!o"e!t2A ce!tific te the!eof &i'en to "u!ch se! n( file( with !e&ist!2 of (ee(s. with two !er centu$ thereon in addition. u! to the ti$e of rede$!tion. and as often as a rede$!tioner is so dis!osed. or liens. at any ti$e within one . and the a$ount of any assess$ents or ta2es which the last rede$!tioner $ay ha*e !aid thereon after rede$!tion "y hi$. .".1. or any !art thereof sold se!arately. to&ether with the a$ount of any assess$ents or ta2es which the !urchaser $ay ha*e !aid thereon after !urchase.a. #uch certificate con*eys to the !urchaser all the ri&hts which the 3ud&$ent o"li&or had in such !ro!erty as of the date of the le*y on e2ecution or !reli$inary attach$ent. with one !er centu$ !er $onth interest thereon in addition. Sec. 3ud&$ent or $ort&a&e on the !ro!erty sold.c.". not ca!a"le of $anual deli*ery. #uch certificate $ust "e re&istered in the re&istry of deeds of the !lace where the !ro!erty is situated. 9ho + 2 !e(ee+ !e l "!o"e!t2 so sol(. %e!tific te of s le whe!e "!o"e!t2 cl i+e( #2 thi!( "e!son. other than the 3ud&$ent under which such !urchase was $ade.The whole !rice !aid "y hi$7 .1. and the a$ount of any liens held "y the last rede$!tioner !rior to his own. Sec. Ti+e n( + nne! of= n( +ounts " 2 #le on= successi'e !e(e+"tionsA notice to #e &i'en n( file(. :!on a sale of real !ro!erty. su"se<uent to the lien under which the !ro!erty was sold. the a$ount of such other lien..D0. "y the followin& !ersons0 . or his successor in interest in the whole or any !art of the !ro!erty7 .' creditor ha*in& a lien "y *irtue of an attach$ent. $ay "e redee$ed in the $anner hereinafter !ro*ided. #uch redee$in& creditor is ter$ed a rede$!tioner.D0.' state$ent that the ri&ht of rede$!tion e2!ires one . !ays the !urchase !rice. 8hen a !ro!erty sold "y *irtue of a writ of e2ecution has "een clai$ed "y a third !erson. with two !er centu$ thereon in addition.year fro$ the date of the re&istration of the certificate of sale. $ay redee$ the !ro!erty fro$ the !urchaser. ta2es. BC and B+ of this 1ule shall $ake e2!ress $ention of the e2istence of such third5!arty clai$. . with interest. the officer $ust &i*e to the !urchaser a certificate of sale containin&0 . on !ayin& the su$ !aid on the last !re*ious rede$!tion.days after the last rede$!tion u!on !ay$ent of the su$ !aid on the last rede$!tion. . 8ritten notice of any rede$!tion $ust "e &i*en to the officer who $ade the sale and a du!licate filed with the re&istry of deeds of the !lace.The 3ud&$ent o"li&or.' !articular descri!tion of the real !ro!erty sold7 .days after the last rede$!tion. or on so$e !art thereof. and the a$ounts of any assess$ents or ta2es which the last !re*ious rede$!tioner !aid after the rede$!tion thereon.year fro$ the date of the re&istration of the certificate of sale. and in addition. the certificate of sale to "e issued "y the sheriff !ursuant to sections B . the officer $akin& the sale $ust e2ecute and deli*er to the !urchaser a certificate of sale. the a$ount of any liens held "y said last rede$!tioner !rior to his own.

or !erson fro$ who$ he seeks to redee$. fails to reco*er the !ossession thereof. -ee( n( "ossession to #e &i'en t e8"i! tion of !e(e+"tion "e!io(A #2 who+ e8ecute( o! &i'en. $$. durin& the !eriod allowed for rede$!tion. if so redee$ed whene*er si2ty . ha*e the ori&inal 3ud&$ent re*i*ed in his na$e for the whole !rice with interest. and notice thereof &i*en. no further rede$!tion shall "e allowed and he is restored to his estate. earnin&s and inco$e deri*ed fro$ the !ro!erty !endin& rede$!tion shall "elon& to the 3ud&$ent o"li&or until the e2!iration of his !eriod of rede$!tion. The deed shall "e e2ecuted "y the officer $akin& the sale or "y his successor in office. The !urchaser or a rede$!tioner shall not "e entitled to recei*e the rents. certified "y the re&istrar of deeds7 or an ori&inal or certified co!y of any assi&n$ent necessary to esta"lish his clai$7 and an affida*it e2ecuted "y hi$ or his a&ent. restrain the co$$ission of waste on the !ro!erty "y in3unction./f the 3ud&$ent o"li&or redee$s. $1. Sec.' rede$!tioner $ust !roduce to the officer. $:. . .:ntil the e2!iration of the ti$e allowed for rede$!tion.days ha*e ela!sed and no other rede$!tion has "een $ade. to continue to use it in the sa$e $anner in which it was !re*iously used7 or to use it in the ordinary course of hus"andry7 or to $ake the necessary re!airs to "uildin&s thereon while he occu!ies the !ro!erty. #uch certificate $ust "e filed and recorded in the re&istry of deeds of the !lace in which the !ro!erty is situated. The !erson to who$ the rede$!tion !ay$ent is $ade $ust e2ecute and deli*er to hi$ a certificate of rede$!tion acknowled&ed "efore a notary !u"lic or other officer authori4ed to take acknowled&$ents of con*eyances of real !ro!erty. as in other !ro!er cases. 4 nne! of usin& "!e+ises "en(in& !e(e+"tionA w ste !est! ine(.1. he $ay on $otion in the sa$e action or in a se!arate action reco*er fro$ the 3ud&$ent o"li&ee the !rice !aid. $). or for hi$ to the officer who $ade the sale. Reco'e!2 of "!ice if s le not effecti'eA !e'i' l of 7u(&+ent. /f the !urchaser of real !ro!erty sold on e2ecution. :!on the e2!iration of the ri&ht of rede$!tion. certified "y the clerk of the court wherein the 3ud&$ent or final order is entered7 or. or entitled to !ossession afterwards. on the a!!lication of the !urchaser or the 3ud&$ent o"li&ee. Effect of !e(e+"tion #2 7u(&+ent o#li&o!= n( ce!tific te to #e (eli'e!e( n( !eco!(e( the!eu"onA to who+ " 2+ents on !e(e+"tion + (e. . whereu!on.D0.Page 46 of 99 Sec. or "ecause a third !erson has *indicated his clai$ to the !ro!erty. with interest. $2. showin& the a$ount then actually due on the lien. 'll rents. or his successor in interest. and the re&istrar of deeds $ust note the record thereof on the $ar&in of the record of the certificate of sale. The !ossession of the !ro!erty shall "e &i*en to the !urchaser or last rede$!tioner "y the sa$e officer unless a third !arty is actually holdin& the !ro!erty ad*ersely to the 3ud&$ent o"li&or. if he redee$s u!on a $ort&a&e or other lien. and ser*e with his notice to the officer a co!y of the 3ud&$ent or final order under which he clai$s the ri&ht to redee$.year fro$ the date of the re&istration of the sale to redee$ the !ro!erty. interest and clai$ of the 3ud&$ent o"li&or to the !ro!erty as of the ti$e of the le*y.1. /f no rede$!tion "e $ade within one . the !urchaser or rede$!tioner shall "e su"stituted to and ac<uire all the ri&hts. the !urchaser is entitled to a con*eyance and !ossession of the !ro!erty7 or. and the ti$e for rede$!tion has e2!ired. or the *alue of the use and occu!ation thereof when such !ro!erty is in the !ossession of a tenant. Sec. with or without notice7 "ut it is not waste for a !erson in !ossession of the !ro!erty at the ti$e of the sale. or "ecause the 3ud&$ent has "een re*ersed or set aside. 25. Sec. Sec. on $otion. or so $uch thereof as has "een deli*ered to the . earnin&s and inco$e of the !ro!erty sold on e2ecution. the court $ay. title. P!oof !e@ui!e( of !e(e+"tione!. or "ecause the !ro!erty sold was e2e$!t fro$ e2ecution. Rents= e !nin&s n( inco+e of "!o"e!t2 "en(in& !e(e+"tion. and in the latter case shall ha*e the sa$e *alidity as thou&h the officer $akin& the sale had continued in office and e2ecuted it. Sec. in conse<uence of irre&ularities in the !roceedin&s concernin& the sale. the last rede$!tioner is entitled to the con*eyance and !ossession7 "ut in all cases the 3ud&$ent o"li&or shall ha*e the entire !eriod of one . or is e*icted therefro$.year fro$ the date of the re&istration of the certificate of sale. he $ust $ake the sa$e !ay$ents as are re<uired to effect a rede$!tion "y a rede$!tioner. a $e$orandu$ of the record thereof. or so $uch thereof as has not "een deli*ered to the 3ud&$ent o"li&or7 or he $ay. The !ay$ents $entioned in this and the last !recedin& sections $ay "e $ade to the !urchaser or rede$!tioner.

O!(e! fo! ""lic tion of "!o"e!t2 n( inco+e to s tisf ction of 7u(&+ent. and when a cor!oration or other 3uridical entity answers. or of a cor!oration or other 3uridical entity. or $oney due hi$. either "y sale of his !ro!erty or "efore sale. in whole or in !art. that a !erson. Enfo!ce+ent of tten( nce n( con(uct of e8 +in tion. $ay "e !unished for conte$!t as in other cases. Sec. as security for another. ' !arty or other !erson $ay "e co$!elled. "y an order or su"!oena. or any one of se*eral o"li&ors in the sa$e 3ud&$ent. Sec. cor!oration. or one of the$ !ays. or any officer or $e$"er thereof. cor!oration. Sec. But no 3ud&$ent o"li&or shall "e so re<uired to a!!ear "efore a court or co$$issioner outside the !ro*ince or city in which such o"li&or resides or is found. not e2e$!t fro$ e2ecution. at a ti$e and !lace within the !ro*ince or city where such de"tor resides or is found. in the $anner !rescri"ed in section 9 of this 1ule. . 8hen the return of a writ of e2ecution a&ainst the !ro!erty of a 3ud&$ent o"li&or shows that the 3ud&$ent re$ains unsatisfied. and "e e2a$ined concernin& the sa$e. and the sheriffGs recei!t shall "e a sufficient dischar&e for the a$ount so !aid or directed to "e credited "y the 3ud&$ent o"li&ee on the e2ecution. re<uire such !erson. $*. $5. or to answer as a witness or to su"scri"e his de!osition. at a s!ecified ti$e and !lace7 and !roceedin&s $ay thereu!on "e had for the a!!lication of the !ro!erty and inco$e of the 3ud&$ent o"li&or towards the satisfaction of the 3ud&$ent. or other 3uridical entity. to attend "efore the court or co$$issioner to testify as !ro*ided in the two !recedin& sections. 8hen the return of a writ of e2ecution issued a&ainst !ro!erty of a 3ud&$ent o"li&or.Page 47 of 99 3ud&$ent o"li&or. the 3ud&$ent o"li&ee. and $ore than a due !ro!ortion of the 3ud&$ent is satisfied out of the !roceeds of the sale of the !ro!erty of one of the$. 'fter a writ of e2ecution a&ainst !ro!erty has "een issued. he $ay co$!el a contri"ution fro$ the others7 and when a 3ud&$ent is u!on an o"li&ation of one of the$. "y an order. The ser*ice of the order shall "ind all credits due the 3ud&$ent o"li&or and all $oney and !ro!erty of the 3ud&$ent o"li&or in the !ossession or in the control of such !erson. to a!!ear "efore the court or a co$$issioner a!!ointed "y it. Sec. and u!on failure to o"ey such order or su"!oena or to "e sworn. he $ust take it in writin& and certify it to the court. E8 +in tion of 7u(&+ent o#li&o! when 7u(&+ent uns tisfie(. or other 3uridical entity has !ro!erty of such 3ud&$ent o"li&or or is inde"ted to hi$. shall "e entitled to an order fro$ the court which rendered the said 3ud&$ent. E8 +in tion of o#li&o! of 7u(&+ent o#li&o!. in whole or in !art. and u!on !roof to the satisfaction of the court which issued the writ. 8hen !ro!erty lia"le to an e2ecution a&ainst se*eral !ersons is sold thereon. Sec. O#li&o! + 2 " 2 e8ecution & inst o#li&ee. in the hands of either hi$self or another !erson.. $7. without a sale. $. cor!oration. Sec. su"3ect to any !rior ri&hts o*er such !ro!erty. a !erson inde"ted to the 3ud&$ent o"li&or $ay !ay to the sheriff holdin& the writ of e2ecution the a$ount of his de"t or so $uch thereof as $ay "e necessary to satisfy the 3ud&$ent. and the surety !ays the a$ount. at any ti$e after such return is $ade. /f the e2a$ination is "efore a co$$issioner. The court $ay order any !ro!erty of the 3ud&$ent o"li&or. $ore than his !ro!ortion. to "e a!!lied to the satisfaction of the 3ud&$ent. 'll e2a$inations and answers "efore a court or co$$issioner $ust "e under oath. or any !art thereof. or 3uridical entity fro$ the ti$e of ser*ice7 and the court $ay also re<uire notice of such !roceedin&s to "e &i*en to any !arty to the action in such $anner as it $ay dee$ !ro!er. The 3ud&$ent so re*i*ed shall ha*e the sa$e force and effect as an ori&inal 3ud&$ent would ha*e as of the date of the re*i*al and no $ore. the court $ay. it $ust "e on the oath of an authori4ed officer or a&ent thereof. until they are co$!leted. "ut the !roceedin&s $ay "e ad3ourned fro$ ti$e to ti$e. shows that the 3ud&$ent re$ains unsatisfied. ):. re<uirin& such 3ud&$ent o"li&or to a!!ear and "e e2a$ined concernin& his !ro!erty and inco$e "efore such court or "efore a co$$issioner a!!ointed "y it. $3. 62a$inations shall not "e unduly !rolon&ed. he $ay co$!el re!ay$ent fro$ the !rinci!al. Ri&ht to cont!i#ution o! !ei+#u!se+ent.

The effect of a 3ud&$ent or final order rendered "y a court of the )hili!!ines./n case of a 3ud&$ent or final order a&ainst a s!ecific thin&. )*. 8hene*er a 3ud&$ent is satisfied in fact. Sec. the 3ud&$ent o"li&ee to institute an action a&ainst such !erson or cor!oration for the reco*ery of such interest or de"t. Ent!2 of s tisf ction of 7u(&+ent #2 cle!? of cou!t. or le&al condition or status of a !articular !erson or his relationshi! to another. )2.. the latter is also "ound fro$ the ti$e that he has notice of the action or !roceedin&. "y an order $ade to that effect. the !ro!erty of the 3ud&$ent o"li&or not e2e$!t fro$ e2ecution. u!on such ter$s as $ay "e 3ust. the court $ay authori4e. or indorse. /f it a!!ears that a !erson or cor!oration. $ay "e as follows0 . or the . The court $ay a!!oint a recei*er of the !ro!erty of the 3ud&$ent o"li&or7 and it $ay also for"id a transfer or other dis!osition of.a. for"id a transfer or other dis!osition of such interest or de"t within one hundred twenty . the recei*er $ay "e ordered to sell and con*ey such real estate or the interest of the o"li&or therein7 and such sale shall "e conducted in all res!ects in the sa$e $anner as is !ro*ided for the sale of real estate u!on e2ecution. u!on in*esti&ation of his current inco$e and e2!enses. the will or ad$inistration. or the ad$inistration of the estate of a deceased !erson. Sec. an ad$ission of the satisfaction as !ro*ided in the last !recedin& section. /f it a!!ears that the 3ud&$ent o"li&or has an interest in real estate in the !lace in which !roceedin&s are had. or any interference with. Sec. it a!!ears that the earnin&s of the 3ud&$ent o"li&or for his !ersonal ser*ices are $ore than necessary for the su!!ort of his fa$ily. #atisfaction of a 3ud&$ent shall "e entered "y the clerk of court in the court docket. ). clai$s an interest in the !ro!erty ad*erse to hi$ or denies the de"t. and u!on his failure to !ay any such install$ent when due without &ood e2cuse. Sec. on de$and of the 3ud&$ent o"li&or. or in res!ect to the !ro"ate of a will. S le of sce!t in #le inte!est of 7u(&+ent o#li&o! in !e l est te. Ent!2 of s tisf ction with o! without (+ission. Sec. the court $ay order that he !ay the 3ud&$ent in fi2ed $onthly install$ents. 8hen a 3ud&$ent is rendered a&ainst a !arty who stands as surety for another. )$. or in res!ect to the !ersonal.Page 48 of 99 /f. )). and his interest therein can "e ascertained without contro*ersy. #uch order $ay "e $odified or *acated at any ti$e "y the court which issued it. A""oint+ent of !ecei'e!. and $ay !unish diso"edience of such order as for conte$!t.1B0. or u!on the endorse$ent of such ad$ission "y the 3ud&$ent o"li&ee or his counsel on the face of the record of the 3ud&$ent. 9hen "!inci" l #oun( #2 7u(&+ent & inst su!et2. u!on the return of a writ of e2ecution showin& the full satisfaction of the 3ud&$ent. ha*in& 3urisdiction to !ronounce the 3ud&$ent or final order. and in the e2ecution "ook. Effect of 7u(&+ents o! fin l o!(e!s. and an o!!ortunity at the suretyGs re<uest to 3oin in the defense. )7. or $ay order the entry of satisfaction to "e $ade without such ad$ission. the 3ud&$ent o"li&ee or his counsel $ust e2ecute and acknowled&e. Sec. and after notice and u!on $otion the court $ay order either the 3ud&$ent o"li&ee or his counsel to do so. or u!on the filin& of an ad$ission to the satisfaction of the 3ud&$ent e2ecuted and acknowled&ed in the sa$e $anner as a con*eyance of real !ro!erty "y the 3ud&$ent o"li&ee or "y his counsel unless a re*ocation of his authority is filed. and the !roceedin&s thereon shall "e a!!ro*ed "y the court "efore the e2ecution of the deed. alle&ed to ha*e !ro!erty of the 3ud&$ent o"li&or or to "e inde"ted to hi$. Sec. or "y the court in which the action is "rou&ht.days fro$ notice of the order. as $ort&a&or or $ort&a&ee or otherwise. !olitical. the 3ud&$ent or final order is conclusi*e u!on the title to the thin&. )1. $ay !unish hi$ for indirect conte$!t. P!ocee(in&s when in(e#te(ness (enie( o! nothe! "e!son cl i+s the "!o"e!t2. or otherwise than u!on an e2ecution.

c./n any other liti&ation "etween the sa$e !arties or their successors in interest.". . that only is dee$ed to ha*e "een ad3ud&ed in a for$er 3ud&$ent or final order which a!!ears u!on its face to ha*e "een so ad3ud&ed. the 3ud&$ent or final order is conclusi*e u!on the title to the thin&7 and . 'n a!!eal $ay "e taken within fifteen . the a!!ellant shall file a notice of a!!eal and a record on a!!eal within thirty . . No $otion for e2tension of ti$e to file a $otion for new trial or reconsideration shall "e allowed. The title of the case shall re$ain as it was in the court of ori&in. want of notice to the !arty. $. 'n a!!eal fro$ a 3ud&$ent or final order of a Munici!al Trial %ourt $ay "e taken to the 1e&ional Trial %ourt e2ercisin& 3urisdiction o*er the area to which the for$er !ertains. The !eriod of a!!eal shall "e interru!ted "y a ti$ely $otion for new trial or reconsideration. The effect of a 3ud&$ent or final order of a tri"unal of a forei&n country. Sec.ow to ""e l. 9hen to ""e l./n case of a 3ud&$ent or final order a&ainst a !erson.days after notice to the a!!ellant of the 3ud&$ent or final order a!!ealed fro$. the 3ud&$ent or final order is !resu$!ti*e e*idence of a ri&ht as "etween the !arties and their successors in interest "y a su"se<uent title. or clear $istake of law or fact. 8here a record on a!!eal is re<uired. /n either case. conclusi*e "etween the !arties and their successors in interest "y title su"se<uent to the co$$ence$ent of the action or s!ecial !roceedin&. 9he!e to ""e l. the 3ud&$ent or final order is. the !ro"ate of a will or &rantin& of letters of ad$inistration shall only "e !ri$a facie e*idence of the death of the testator or intestate7 .a. APPEALS /Rules ): to )$0 RULE ): APPEAL 1RO4 4UNI%IPAL TRIAL %OURTS TO T./n other cases. Effect of fo!ei&n 7u(&+ents o! fin l o!(e!s.1+. or which was actually and necessarily included therein or necessary thereto.days after notice of the 3ud&$ent or final order. status or relationshi! of the !erson7 howe*er. "ut the !arty a!!ealin& the case shall "e further referred to as the a!!ellant and the ad*erse !arty as the a!!ellee. ha*in& 3urisdiction to render the 3ud&$ent or final order is as follows0 . 0. fraud. 2./n case of a 3ud&$ent or final order u!on a s!ecific thin&.E REGIONAL TRIAL %OURTS Section 1. collusion.Page 49 of 99 condition. the 3ud&$ent or final order $ay "e re!elled "y e*idence of a want of 3urisdiction.". Sec. with res!ect to the $atter directly ad3ud&ed or as to any other $atter that could ha*e "een raised in relation thereto. liti&atin& for the sa$e thin& and under the sa$e title and in the sa$e ca!acity7 and . )3. Sec.

shall try the case on the $erits as if the case was ori&inally filed with it. the 3ud&$ent or final order or !art thereof a!!ealed fro$. 1ule C1. the clerk of court of the 1e&ional Trial %ourt shall notify the !arties of such fact. A""ell te cou!t (oc?et n( othe! l wful fees. The notice of a!!eal shall indicate the !arties to the a!!eal. /n case of re*ersal. 8ithin fifteen . /n case of affir$ance and the &round of dis$issal is lack of 3urisdiction o*er the su"3ect $atter. the case shall "e considered su"$itted for decision. "ut shall decide the case in accordance with the !recedin& section. the a!!ellant shall !ay to the clerk of the court which rendered the 3ud&$ent or final order a!!ealed fro$ the full a$ount of the a!!ellate court docket and other lawful fees. a co!y of which shall "e furnished "y hi$ to the ad*erse !arty. . ' co!y of his letter of trans$ittal of the records to the a!!ellate court shall "e furnished the !arties.1+. /f an a!!eal is taken fro$ an order of the lower court dis$issin& the case without a trial on the $erits. Sec. P!oce(u!e in the Re&ion l T!i l %ou!t. the 1e&ional Trial %ourt $ay affir$ or re*erse it. 8ithin the !eriod for takin& an a!!eal. *.a. 1ule C1. to the !ro!er 1e&ional Trial %ourt. ). and state the $aterial dates showin& the ti$eliness of the a!!eal. Sec.c. ' record on a!!eal shall "e re<uired only in s!ecial !roceedin&s and in other cases of $ulti!le or se!arate a!!eals. if it has 3urisdiction thereo*er.1+.days fro$ recei!t of the a!!ellantGs $e$orandu$. A""e l f!o+ o!(e!s (is+issin& c se without t!i lA l c? of 7u!is(iction.u!on recei!t of the co$!lete record or the record on a!!eal. . =ailure of the a!!ellant to file a $e$orandu$ shall "e a &round for dis$issal of the a!!eal. the 1e&ional Trial %ourt. without !re3udice to the ad$ission of a$ended !leadin&s and additional e*idence in the interest of 3ustice.1+. The 1e&ional Trial %ourt shall decide the case on the "asis of the entire record of the !roceedin&s had in the court of ori&in and such $e$oranda as are filed. the clerk of court or the "ranch clerk of court of the lower court shall trans$it the ori&inal record or the record on a!!eal.days fro$ such notice.days fro$ the !erfection of the a!!eal. Pe!fection of ""e lA effect the!eof. %o!ies of the notice of a!!eal. 8ithin fifteen . 7. to&ether with the transcri!ts and e2hi"its. Sec.Page 50 of 99 The a!!eal is taken "y filin& a notice of a!!eal with the court that rendered the 3ud&$ent or final order a!!ealed fro$. . or the e2!iration of the !eriod to do so. as the case $ay "e. shall "e ser*ed on the ad*erse !arty. which he shall certify as co$!lete. the 1e&ional Trial %ourt on a!!eal shall not dis$iss the case if it has ori&inal 3urisdiction thereof. Sec. the a!!ellee $ay file his $e$orandu$. and the record on a!!eal where re<uired. The for$ and contents of the record on a!!eal shall "e as !ro*ided in section D. as the case $ay "e. 3. /f the case was tried on the $erits "y the lower court without 3urisdiction o*er the su"3ect $atter.:!on the filin& of the $e$orandu$ of the a!!ellee. )roof of !ay$ent thereof shall "e trans$itted to the a!!ellate court to&ether with the ori&inal record or the record on a!!eal. -ut2 of the cle!? of cou!t.".8ithin fifteen .. . the case shall "e re$anded for further !roceedin&s. . Sec. The !erfection of the a!!eal and the effect thereof shall "e &o*erned "y the !ro*isions of section 9. it shall "e the duty of the a!!ellant to su"$it a $e$orandu$ which shall "riefly discuss the errors i$!uted to the lower court.

*. . and state the $aterial dates showin& the ti$eliness of the a!!eal. 7. The other !ro*isions of 1ule C1 shall a!!ly to a!!eals !ro*ided for herein insofar as they are not inconsistent with or $ay ser*e to su!!le$ent the !ro*isions of this 1ule. ). !etitions. '!!lica"ility of 1ule C1.Ordinary appeal. /f an issue of fact is to "e raised on a!!eal. the a&&rie*ed !arty $ay file an a!!ro!riate s!ecial ci*il action under 1ule D+. 8here a record on a!!eal is re<uired. Sec. The !eriod of a!!eal shall "e interru!ted "y a ti$ely $otion for new trial or reconsideration. the trial court $ay a!!ro*e it as !resented or u!on its own $otion . testi$onial and docu$entary. the full a$ount of the a!!ellate court docket and other lawful fees. the a!!ellant shall file a notice of a!!eal and a record on a!!eal within thirty !%&$ days fro$ notice of the 3ud&$ent or final order.".The full na$es of all the !arties to the !roceedin&s shall "e stated in the ca!tion of the record on a!!eal and it shall include the 3ud&$ent or final order fro$ which the a!!eal is taken and. 6*ery record on a!!eal e2ceedin& twenty .The notice of a!!eal shall indicate the !arties to the a!!eal. A""ell te cou!t (oc?et n( othe! l wful fees. 2. the a!!ellant shall !ay to the clerk of the court which rendered the 3ud&$ent or final order a!!ealed fro$. the a!!eal shall "e to the #u!re$e %ourt "y !etition for re*iew on certiorari in accordance with 1ule C+.:!on the filin& of the record on a!!eal for a!!ro*al and if no o"3ection is filed "y the a!!ellee within fi*e . Sec. . taken u!on the issue in*ol*ed.5 The a!!eal to the %ourt of '!!eals in cases decided "y the 1e&ional Trial %ourt in the e2ercise of its a!!ellate 3urisdiction shall "e "y !etition for re*iew in accordance with 1ule CB. and the testi$onial e*idence "y the na$es of the corres!ondin& witnesses. /n such cases. No $otion for e2tension of ti$e to file a $otion for new trial or reconsideration shall "e allowed.B0. .ppeal by certiorari. a state$ent to that effect will "e sufficient without $entionin& the na$es of the witnesses or the nu$"ers or letters of e2hi"its. Pe!io( of o!(in !2 ""e l. )roof of !ay$ent of said fees shall "e trans$itted to the a!!ellate court to&ether with the ori&inal record or the record on a!!eal. s!ecify the court to which the a!!eal is "ein& taken. the record on a!!eal shall include "y reference all the e*idence. 5 /n all the a"o*e instances where the 3ud&$ent or final order is not a!!eala"le. $otions and all interlocutory orders as are related to the a!!ealed 3ud&$ent or final order for the !ro!er understandin& of the issue in*ol*ed. No record on a!!eal shall "e re<uired e2ce!t in s!ecial !roceedin&s and other cases of $ulti!le or se!arate a!!eals where the law or these 1ules so re<uire..a.!a&es $ust contain a su"3ect inde2.c.days fro$ recei!t of a co!y thereof.The a!!eal shall "e taken within fifteen !"#$ days fro$ notice of the 3ud&$ent or final order a!!ealed fro$. $.5 /n all cases where only <uestions of law are raised or in*ol*ed. to&ether with such data as will show that the a!!eal was !erfected on ti$e. . .+. Sec. Notice of ""e l. co!ies of only such !leadin&s. Sec. Reco!( on ""e lA fo!+ n( contents the!eof. 9. s!ecify the 3ud&$ent or final order or !art thereof a!!ealed fro$. A""!o' l of !eco!( on ""e l. . . . the record on a!!eal shall "e filed and ser*ed in like $anner. The reference shall s!ecify the docu$entary e*idence "y the e2hi"it nu$"ers or letters "y which it was identified when ad$itted or offered at the hearin&. Su#7ect of ""e l.8ithin the !eriod for takin& an a!!eal. RULE )1 APPEAL 1RO4 T.5 The a!!eal to the %ourt of '!!eals in cases decided "y the 1e&ional Trial %ourt in the e2ercise of its ori&inal 3urisdiction shall "e taken "y filin& a notice of a!!eal with the court which rendered the 3ud&$ent or final order a!!ealed fro$ and ser*in& a co!y thereof u!on the ad*erse !arty.E REGIONAL TRIAL %OURTS Section 1. in chronolo&ical order. 4o(es of ""e l.Petition for review. . Sec. Sec. /f the whole testi$onial and docu$entary e*idence in the case is to "e included.Page 51 of 99 #ec.

and shall thereu!on su"$it the redrafted record for a!!ro*al. and to $ake a certification of its correctness7 . $ay direct its a$end$ent "y the inclusion of any o$itted $atters which are dee$ed essential to the deter$ination of the issue of law or fact in*ol*ed in the a!!eal. /n either case. and shall cause the !a&es to "e nu$"ered consecuti*ely. such additional $atters as the court $ay ha*e directed hi$ to incor!orate. a*ailin& of the authority that he or the court $ay e2ercise for this !ur!ose7 and . or if no ti$e is fi2ed "y the order within ten . !rior to the trans$ittal of the ori&inal record or the record on a!!eal. 8ithin thirty . the reasons for their non5trans$ittal. 1:. in like $anner as the ori&inal draft. and allow withdrawal of the a!!eal. T! nsc!i"t. . as the case $ay "e. /n a!!eals "y record on a!!eal. they $ay file a 3oint record on a!!eal within the ti$e fi2ed "y section of this 1ule.".d. Sec. 11. shall redraft the record "y includin& therein.days after !erfection of all the a!!eals in accordance with the !recedin& section.co!ies of the transcri!ts of the testi$onial e*idence referred to in the record on a!!eal.+. a!!ro*e co$!ro$ises. 5. Pe!fection of ""e lA effect the!eof. 12. in their !ro!er chronolo&ical se<uence. The transcri!ts shall "e trans$itted to the clerk of the trial court who shall thereu!on arran&e the sa$e in the order in which the witnesses testified at the trial. and the ste!s taken or that could "e taken to ha*e the$ a*aila"le. and a list of the e2hi"its and the !a&es wherein each of the$ a!!ears to ha*e "een offered and ad$itted or re3ected "y the trial court. the a!!ellant. 0.To *erify the co$!leteness of the records that will "e trans$itted to the a!!ellate court7 . u!on notice to the a!!ellee. the clerk shall i$$ediately direct the steno&ra!hers concerned to attach to the record of the case fi*e . :!on the !erfection of the a!!eal. Sec. /f the efforts to co$!lete the records fail. the court loses 3urisdiction only o*er the su"3ect $atter thereof u!on the a!!ro*al of the records on a!!eal filed in due ti$e and the e2!iration of the ti$e to a!!eal of the other !arties. Sec. the court $ay issue orders for the !rotection and !reser*ation of the ri&hts of the !arties which do not in*ol*e any $atter liti&ated "y the a!!eal.Page 52 of 99 or at the instance of the a!!ellee. to take such $easures as $ay "e re<uired to co$!lete the records. . order e2ecution !endin& a!!eal in accordance with section B of 1ule 9.To *erify the correctness of the ori&inal record or the record on a!!eal. The clerk of court shall furnish the !arties with co!ies of his letter of trans$ittal of the records to the a!!ellate court.8here "oth !arties are a!!ellants. Sec. within the ti$e li$ited in the order.days fro$ recei!t thereof. /f the trial court orders the a$end$ent of the record.a.c.To trans$it the records to the a!!ellate court. it shall "e the duty of the clerk of court of the lower court0 . T! ns+itt l. !er$it a!!eals of indi&ent liti&ants. or such e2tension thereof as $ay "e &ranted. or that fi2ed "y the court. -ut2 of cle!? of cou!t of the lowe! cou!t u"on "e!fection of ""e l. 3. Sec.10. >oint !eco!( on ""e l./f found to "e inco$!lete. he shall indicate in his letter of trans$ittal the e2hi"its or transcri!ts not included in the records "ein& trans$itted to the a!!ellate court. The steno&ra!hers concerned shall transcri"e such testi$onial e*idence and shall !re!are and affi2 to their transcri!ts an inde2 containin& the na$es of the witnesses and the !a&es wherein their testi$onies are found.

with the ori&inal co!y intended for the court "ein& indicated as such "y the !etitioner. the re<uisite nu$"er of !lain co!ies thereof and of the !leadin&s and other $aterial !ortions of the record as would su!!ort the alle&ations of the !etition. he $ust state the status of the sa$e7 and if he should thereafter learn that a si$ilar action or !roceedin& has "een filed or is !endin& "efore the #u!re$e %ourt.c. %o!ies of the transcri!ts and certified true co!ies of the docu$entary e*idence shall re$ain in the lower court for the e2a$ination of the !arties. the %ourt of '!!eals. or any other tri"unal or a&ency7 if there is such other action or !roceedin&.ow ""e l t ?enA ti+e fo! filin&. Sec. certified correct "y the clerk of court of the 1e&ional Trial %ourt.d"e acco$!anied "y clearly le&i"le du!licate ori&inals or true co!ies of the 3ud&$ents or final orders of "oth lower courts.le&i"le co!ies. RULE )2 PETITION 1OR REVIE9 1RO4 T.E %OURT O1 APPEALS Section 1. Sec. 1$. to&ether with the !roof of !ay$ent of the a!!ellate court docket and other lawful fees. Effect of f ilu!e to co+"l2 with !e@ui!e+ents. 0. 1o!+ n( contents. Sec. No further e2tension shall "e &ranted e2ce!t for the $ost co$!ellin& reason and in no case to e2ceed fifteen . The !etition shall "e filed in se*en . ).days therefro$. the trial court $ay $otu !ro!rio or on $otion dis$iss the a!!eal for ha*in& "een taken out of ti$e. .indicate the s!ecific $aterial dates showin& that it was filed on ti$e7 .E REGIONAL TRIAL %OURTS TO T. . the %ourt of '!!eals $ay &rant an additional !eriod of fifteen . and the contents of and the docu$ents which should acco$!any the !etition shall "e sufficient &round for the dis$issal thereof. !roof of ser*ice of the !etition. and furnishin& the 1e&ional Trial %ourt and the ad*erse !arty with a co!y of the !etition.Page 53 of 99 The clerk of the trial court shall trans$it to the a!!ellate court the ori&inal record or the a!!ro*ed record on a!!eal within thirty .1+.1+. The failure of the !etitioner to co$!ly with any of the fore&oin& re<uire$ents re&ardin& the !ay$ent of the docket and other lawful fees. $. !ayin& at the sa$e ti$e to the clerk of said court the corres!ondin& docket and other lawful fees. -is+iss l of ""e l. the s!ecification of errors of fact or law. The %ourt of '!!eals $ay re<uire the res!ondent to file a co$$ent on the !etition. the certificate of correctness. not a $otion to dis$iss. the ori&inal docu$entary e*idence referred to therein. the order of a!!ro*al. )rior to the trans$ittal of the ori&inal record or the record on a!!eal to the a!!ellate court.1+.+. and the reasons or ar&u$ents relied u!on for the allowance of the a!!eal7 . de!ositin& the a$ount of )+00.days fro$ the !erfection of the a!!eal.00 for costs. or any other tri"unal or a&ency. without i$!leadin& the lower courts or 3ud&es thereof either as !etitioners or res!ondents7 . the %ourt of '!!eals or different di*isions thereof. and the ori&inal and three . or different di*isions thereof. he undertakes to !ro$!tly infor$ the aforesaid courts and other tri"unal or a&ency thereof within fi*e . or dis$iss the !etition if it finds the sa$e to "e !atently without $erit.days. within ten .state the full na$es of the !arties to the case. 2. :!on !ro!er $otion and the !ay$ent of the full a$ount of the docket and other lawful fees and the de!osit for costs "efore the e2!iration of the re&le$entary !eriod.". . The !etitioner shall also su"$it to&ether with the !etition a certification under oath that he has not theretofore co$$enced any other action in*ol*in& the sa$e issues in the #u!re$e %ourt.7.days only within which to file the !etition for re*iew. the issues raised. ' !arty desirin& to a!!eal fro$ a decision of the 1e&ional Trial %ourt rendered in the e2ercise of its a!!ellate 3urisdiction $ay file a *erified !etition for re*iew with the %ourt of '!!eals. the de!osit for costs. Action on the "etition. The !etition shall "e filed and ser*ed within fifteen .10days fro$ notice. and shall .a.set forth concisely a state$ent of the $atters in*ol*ed. or that the <uestions raised therein are too unsu"stantial to re<uire consideration. Sec. or "oth. !rosecuted $anifestly for delay.days fro$ notice of the decision sou&ht to "e re*iewed or of the denial of !etitionerGs $otion for new trial or reconsideration filed in due ti$e after 3ud&$ent.co!ies of the transcri!ts. a certified true co!y of the $inutes of the !roceedin&s. alle&edly co$$itted "y the 1e&ional Trial %ourt.

Sec. the a!!eal shall stay the 3ud&$ent or final order unless the %ourt of '!!eals.62ce!t in ci*il cases decided under the 1ule on #u$$ary )rocedure.. Pe!fection of ""e lA effect the!eof. final orders or resolutions of or authori4ed "y any <uasi53udicial a&ency in the e2ercise of its <uasi53udicial functions.state the reasons why the !etition should not "e &i*en due course. . '&ricultural /n*entions Board.1+. . it $ay accordin&ly &i*e due course to the !etition. 3ud&$ents. National 6lectrification 'd$inistration. The co$$ent of the res!ondent shall "e filed in se*en . Sec. #ocial #ecurity %o$$ission. /f the !etition is &i*en due course. or after the e2!iration of the !eriod for the filin& thereof without such co$$ent or !leadin& ha*in& "een su"$itted.DUASI->U-I%IAL AGEN%IES TO T. Sec.E %OURT O1 TAB APPEALS AN.le&i"le co!ies. Sec. /f u!on the filin& of the co$$ent or such other !leadin&s as the court $ay allow or re<uire. DD+7. the law. the a!!eal is dee$ed !erfected as to the !etitioner. 8hene*er the %ourt of '!!eals dee$s it necessary.owe*er. #ecurities and 62chan&e %o$$ission. the 1e&ional Trial %ourt $ay issue orders for the !rotection and !reser*ation of the ri&hts of the !arties which do not in*ol*e any $atter liti&ated "y the a!!eal. Bureau of )atents. order e2ecution !endin& a!!eal in accordance with section B of 1ule 9. National Teleco$$unications %o$$ission.". 7. Sco"e. This 1ule shall a!!ly to a!!eals fro$ 3ud&$ents or final orders of the %ourt of Ta2 '!!eals and fro$ awards. a!!ro*e co$!ro$ises. 3. . The case shall "e dee$ed su"$itted for decision u!on the filin& of the last !leadin& or $e$orandu$ re<uired "y these 1ules or "y the court itself. the %ourt of '!!eals $ay set the case for oral ar&u$ent or re<uire the !arties to su"$it $e$oranda within a !eriod of fifteen .Page 54 of 99 Sec. *.E %OURT O1 APPEALS Section 1. Su#+ission fo! (ecision. @e!art$ent of '&rarian 1efor$ under 1e!u"lic 'ct No.7.c. 6$!loyees %o$!ensation %o$$ission. 5.!oint out such insufficiencies or inaccuracies as he "elie*es e2ist in !etitionerGs state$ent of $atters in*ol*ed "ut without re!etition7 and . 6ner&y 1e&ulatory Board. -ue cou!se. the %ourt of '!!eals finds !ri$a facie that the lower court has co$$itted an error of fact or law that will warrant a re*ersal or $odification of the a!!ealed decision. The 1e&ional Trial %ourt loses 3urisdiction o*er the case u!on the !erfection of the a!!eals filed in due ti$e and the e2!iration of the ti$e to a!!eal of the other !arties.".:!on the ti$ely filin& of a !etition for re*iew and the !ay$ent of the corres!ondin& docket and other lawful fees. Eand 1e&istration 'uthority. !er$it a!!eals of indi&ent liti&ants.state whether or not he acce!ts the state$ent of $atters in*ol*ed in the !etition7 . acco$!anied "y certified true co!ies of such $aterial !ortions of the record referred to therein to&ether with other su!!ortin& !a!ers and shall .days fro$ notice. >o*ern$ent #er*ice /nsurance #yste$. '$on& these a&encies are the %i*il #er*ice %o$$ission. /nsurance %o$$ission. and allow withdrawal of the a!!eal.1+. Trade$arks and Technolo&y Transfer. "efore the %ourt of '!!eals &i*es due course to the !etition. it $ay order the clerk of court of the 1e&ional Trial %ourt to ele*ate the ori&inal record of the case includin& the oral and docu$entary e*idence within fifteen . 9ffice of the )resident. . ' co!y thereof shall "e ser*ed on the !etitioner.days fro$ notice. )hili!!ine .a. RULE )$ APPEALS 1RO4 T. Ele' tion of !eco!(. %entral Board of 'ssess$ent '!!eals.a. %i*il 'eronautics Board. or these 1ules shall !ro*ide otherwise. %ontents of co++ent.

the !etitioner shall !ay the docketin& and other lawful fees and de!osit for costs within fifteen . 9he!e to ""e l.days fro$ notice of the denial.Page 55 of 99 'to$ic 6ner&y %o$$ission. and the contents of and the docu$ents which should acco$!any the !etition shall "e sufficient &round for the dis$issal thereof. Effect of f ilu!e to co+"l2 with !e@ui!e+ents. Sec. .a. /f the %ourt of '!!eals denies the $otion.00 for costs. final order or resolution a!!ealed fro$. !rosecuted $anifestly for delay. the !etitioner shall !ay to the clerk of court of the %ourt of '!!eals the docketin& and other lawful fees and de!osit the su$ of )+00.d. or dis$iss the !etition if it finds the sa$e to "e !atently without $erit. 2. :!on !ro!er $otion and the !ay$ent of the full a$ount of the docket fee "efore the e2!iration of the re&le$entary !eriod. Sec. !roof of ser*ice of the !etition. . 1ule CB.1+. whether the a!!eal in*ol*es <uestions of fact. or fro$ the date of its last !u"lication. The !etition for re*iew shall . The failure of the !etitioner to co$!ly with any of the fore&oin& re<uire$ents re&ardin& the !ay$ent of the docket and other lawful fees."e acco$!anied "y a clearly le&i"le du!licate ori&inal or a certified true co!y of the award. :!on the filin& of the !etition. without i$!leadin& the court or a&encies either as !etitioners or res!ondents7 . within ten .".1. 7.le&i"le co!ies with the %ourt of '!!eals. The !etition shall state the s!ecific $aterial dates showin& that it was filed within the !eriod fi2ed herein. Sec. of law. The %ourt of '!!eals $ay re<uire the res!ondent to file a co$$ent on the !etition. %ontents of the "etition. to&ether with certified true co!ies of such $aterial !ortions of the record referred to therein and other su!!ortin& !a!ers7 and . final order or resolution.days fro$ notice of the award. 3ud&$ent.state the full na$es of the !arties to the case. or that the <uestions raised therein are too unsu"stantial to re<uire consideration. $. The ori&inal co!y of the !etition intended for the %ourt of '!!eals shall "e indicated as such "y the !etitioner.days only within which to file the !etition for re*iew. Pe!io( of ""e l. the de!osit for costs. 3. %onstruction /ndustry 'r"itration %o$$ission. No further e2tension shall "e &ranted e2ce!t for the $ost co$!ellin& reason and in no case to e2ceed fifteen . This 1ule shall not a!!ly to 3ud&$ents or final orders issued under the Ea"or %ode of the )hili!!ines. Sec.. Board of /n*est$ents. . 'n a!!eal under this 1ule $ay "e taken to the %ourt of '!!eals within the !eriod and in the $anner herein !ro*ided.1+.contain a concise state$ent of the facts and issues in*ol*ed and the &rounds relied u!on for the re*iew7 . with !roof of ser*ice of a co!y thereof on the ad*erse !arty and on the court or a&ency a <uo. and *oluntary ar"itrators authori4ed "y law.ow ""e l t ?en.7. The a!!eal shall "e taken within fifteen .$otion for reconsideration shall "e allowed.c. '!!eal shall "e taken "y filin& a *erified !etition for re*iew in se*en . or of the denial of !etitionerGs $otion for new trial or reconsideration duly filed in accordance with the &o*ernin& law of the court or a&ency a <uo. % ses not co'e!e(.1+. 3ud&$ent.contain a sworn certification a&ainst foru$ sho!!in& as !ro*ided in the last !ara&ra!h of section B.10days fro$ notice. Action on the "etition. if !u"lication is re<uired "y law for its effecti*ity. Sec.days. Sec. 9nly one . not a $otion to dis$iss. 62e$!tion fro$ !ay$ent of docketin& and other lawful fees and the de!osit for costs $ay "e &ranted "y the %ourt of '!!eals u!on a *erified $otion settin& forth *alid &rounds therefor. Sec. the %ourt of '!!eals $ay &rant an additional !eriod of fifteen . or $i2ed <uestions of fact and law. ).1+. *.

10. %ounsel n( &u !(i ns. 2. %ontents of co++ent. Sec. PRO%E-URE IN T. it $ay &i*e due course to the !etition7 otherwise. T! ns+itt l of !eco!(.Ba.days fro$ notice. 1CDSec.".E %OURT O1 APPEALS /Rules )) to **0 RULE )) OR-INAR. 5.a. Su#+ission fo! (ecision. Sec. 1:.Page 56 of 99 Sec. and on the "asis of the !etition or the records the %ourt of '!!eals finds !ri$a facie that the court or a&ency concerned has co$$itted errors of fact or law that would warrant re*ersal or $odification of the award. the title of the case shall re$ain as it was in the court of ori&in. 1$. O!(e! of t! ns+itt l of !eco!(. Sec. 3ud&$ent. it shall dis$iss the sa$e. 8hen others a!!ear or are a!!ointed.days fro$ notice in se*en . Sec.le&i"le co!ies and acco$!anied "y clearly le&i"le certified true co!ies of such $aterial !ortions of the record referred to therein to&ether with other su!!ortin& !a!ers. $.7.days fro$ notice that the !etition has "een &i*en due course. 8ithin fifteen . the %ourt of '!!eals $ay set the case for oral ar&u$ent or re<uire the !arties to su"$it $e$oranda within a !eriod of fifteen . . The co$$ent shall "e filed within ten . /f u!on the filin& of the co$$ent or such other !leadin&s or docu$ents as $ay "e re<uired or allowed "y the %ourt of '!!eals or u!on the e2!iration of the !eriod for the filin& thereof.%ASES Section 1. 3ud&$ent. The record to "e trans$itted $ay "e a"rid&ed "y a&ree$ent of all !arties to the !roceedin&.1+. Effect of ""e l.!oint out insufficiencies or inaccuracies in !etitionerGs state$ent of facts and issues7 and . the %ourt of '!!eals $ay re<uire the court or a&ency concerned to trans$it the ori&inal or a le&i"le certified true co!y of the entire record of the !roceedin& under re*iew.1+. shall "e "indin& on the %ourt of '!!eals. -ue cou!se. Sec. and !roof of such ser*ice shall "e filed with the %ourt of '!!eals. The counsel and &uardians ad lite$ of the !arties in the court of ori&in shall "e res!ecti*ely considered as their counsel and &uardians ad lite$ in the %ourt of '!!eals. "ut the !arty a!!ealin& the case shall "e further referred to as the a!!ellant and the ad*erse !arty as the a!!ellee. APPEALE. ' co!y thereof shall "e ser*ed on the !etitioner. The a!!eal shall not stay the award. . /f the !etition is &i*en due course. 12. The findin&s of fact of the court or a&ency concerned. when su!!orted "y su"stantial e*idence. The co$$ent shall . notice thereof shall "e ser*ed i$$ediately on the ad*erse !arty and filed with the court. /n all cases a!!ealed to the %ourt of '!!eals under 1ule C1. final order or resolution sou&ht to "e re*iewed unless the %ourt of '!!eals shall direct otherwise u!on such ter$s as it $ay dee$ 3ust. Title of c ses. The %ourt of '!!eals $ay re<uire or !er$it su"se<uent correction of or addition to the record. final order or resolution sou&ht to "e re*iewed. 11.state the reasons why the !etition should "e denied or dis$issed. The case shall "e dee$ed su"$itted for decision u!on the filin& of the last !leadin& or $e$orandu$ re<uired "y these 1ules or "y the %ourt of '!!eals.

. the a!!ellant $ay file a re!ly "rief answerin& !oints in the a!!elleeGs "rief not co*ered in his $ain "rief. <uo warranto and ha"eas cor!us cases. and shall issue an order e2!lainin& the reasons for such declaration. 8here the record of the docketed case is inco$!lete. Sec. ). !rohi"ition. oral and docu$entary. 1:.days fro$ recei!t of the a!!ellantGs "rief. *.7.7. 8ithin ten . the court. The failure of the a!!ellant to file his $e$orandu$ within the !eriod therefor $ay "e a &round for dis$issal of the a!!eal. . Sec. either !arty $ay file a $otion with the trial court. Sec. $i$eo&ra!hed or !rinted "rief.days fro$ recei!t of said notice. the a!!ellant. %o+"letion of !eco!(. the clerk of court of the %ourt of '!!eals shall so infor$ said court and reco$$end to it $easures necessary to co$!lete the record.C+. 0. A""ell ntEs #!ief. 0. A""ell ntEs !e"l2 #!ief. . for the trans$ittal of such record or record on a!!eal. the clerk of court of the %ourt of '!!eals shall docket the case and notify the !arties thereof. 7. in a!!eals "y record on a!!eal. 8ithin forty5fi*e . are attached to the record. with notice to the other.C+. Sec. -oc?etin& of c se. shall file with the clerk of court se*en . /n certiorari.Page 57 of 99 /f the ori&inal record or the record on a!!eal is not trans$itted to the %ourt of '!!eals within thirty . with !roof of ser*ice of two .days fro$ recei!t of the notice of the clerk that all the e*idence. 8here the co$!letion of the record could not "e acco$!lished within a sufficient !eriod allotted for said !ur!ose due to insu!era"le or e2tre$ely difficult causes. as well as the !roof of !ay$ent of the docket and other lawful fees.B.co!ies of his le&i"ly ty!ewritten.days after the !erfection of the a!!eal. 'ny unauthori4ed alteration. se*en . $ay declare that the record and its acco$!anyin& transcri!ts and e2hi"its so far a*aila"le are sufficient to decide the issues raised in the a!!eal. A""elleeEs #!ief. o$ission or addition in the a!!ro*ed record on a!!eal shall "e a &round for dis$issal of the a!!eal.B. within forty5fi*e .7.days fro$ recei!t of the a!!elleeGs "rief. $anda$us. the a!!ellee shall file with the court se*en . /t shall "e the duty of said court to take a!!ro!riate action towards the co$!letion of the record within the shortest !ossi"le ti$e. on its own $otion or on $otion of any of the !arties. Sec. the !arties shall file. with !roof of ser*ice of two . 3. -is"ensin& with co+"lete !eco!(. /t shall "e the duty of the a!!ellant to file with the court. to&ether with the !roof of ser*ice of two . in lieu of "riefs.clearly le&i"le co!ies of the a!!ro*ed record on a!!eal. $i$eo&ra!hed or !rinted "rief.B0.co!ies of his le&i"ly ty!ewritten. :!on recei*in& the ori&inal record or the record on a!!eal and the acco$!anyin& docu$ents and e2hi"its trans$itted "y the lower court. their res!ecti*e $e$oranda within a non5e2tendi"le !eriod of thirty . 5. Sec. 8ithin twenty . oral and docu$entary.co!ies thereof u!on the a!!ellant. Sec. is already attached to the record.co!ies thereof u!on the a!!ellee.B.days fro$ recei!t of the notice issued "y the clerk that all the e*idence. Ti+e fo! filin& +e+o! n( in s"eci l c ses.10.co!ies thereof u!on the a!!ellee.

co!ies of the "rief $ay "e ser*ed u!on any of the$. in the order herein indicated. 62tension of ti$e for the filin& of "riefs will not "e allowed.a. The authorities relied u!on shall "e cited "y the !a&e of the re!ort at which the case "e&ins and the !a&e of the re!ort on which the citation is found7 . a co!y of the 3ud&$ent or final order a!!ealed fro$. in the order herein indicated.A he shall !oint out such insufficiencies or inaccuracies as he "elie*es e2ist in the a!!ellantGs state$ent of facts with references to the !a&es of the record in su!!ort thereof.A the a!!ellantGs ar&u$ents on each assi&n$ent of error with !a&e references to the record. and only if the $otion for e2tension is filed "efore the e2!iration of the ti$e sou&ht to "e e2tended. a su$$ary of the !roceedin&s.a. "ut without re!etition of $atters in the a!!ellantGs state$ent of facts7 and . 8here there are se*eral a!!ellants or a!!ellees. te2t"ooks and statutes cited with references to the !a&es where they are cited7 . the a!!ellantGs "rief shall contain. E8tension of ti+e fo! filin& #!iefs.h. and a ta"le of cases al!ha"etically arran&ed. with !a&e references to the record7 . the nature of the 3ud&$ent and any other $atters necessary to an understandin& of the nature of the contro*ersy.'n assi&n$ent of errors intended to "e ur&ed. 12.e.:nder the headin& A'r&u$ent.f. %ontents of ""elleeEs #!ief. te2t"ooks and statutes cited with references to the !a&es where they are cited7 .:nder the headin& A#tate$ent of =acts.c. the a!!ealed rulin&s and orders of the court.".A a s!ecification of the order or 3ud&$ent which the a!!ellant seeks7 and .Page 58 of 99 Sec.:nder the headin& A1elief. distinctly and concisely stated without re!etition and nu$"ered consecuti*ely7 . Sec.:nder the headin& A#tate$ent of =acts. the followin&0 .A a clear and concise state$ent of the nature of the action. which errors shall "e se!arately.". e2ce!t for &ood and sufficient cause.:nder the headin& A#tate$ent of the %ase. the followin&0 .A the a!!ellee shall state that he acce!ts the state$ent of facts in the a!!ellantGs "rief. each counsel re!resentin& one or $ore "ut not all of the$ shall "e ser*ed with only one co!y of the "riefs./n cases not "rou&ht u! "y record on a!!eal. Sec.A a clear and concise state$ent in a narrati*e for$ of the facts ad$itted "y "oth !arties and of those in contro*ersy. 1). as an a!!endi2. or under the headin& A%ounter5#tate$ent of =acts. 1$. 11. %ontents of ""ell ntEs #!ief. The a!!elleeGs "rief shall contain.' su"3ect inde2 of the $atter in the "rief with a di&est of the ar&u$ents and !a&e references. 8hen se*eral counsel re!resent one a!!ellant or a!!ellee. Sec.' su"3ect inde2 of the $atter in the "rief with a di&est of the ar&u$ents and !a&e references. The a!!ellantGs "rief shall contain. Se'e! l ""ell nts o! ""ellees o! se'e! l counsel fo! e ch " !t2. to&ether with the su"stance of the !roof relatin& thereto in sufficient detail to $ake it clearly intelli&i"le. and a ta"le of cases al!ha"etically arran&ed.' clear and concise state$ent of the issues of fact or law to "e su"$itted to the court for its 3ud&$ent7 .d.&. with !a&e references to the record7 .

with the ori&inal co!y intended for the court "ein& indicated as such "y the !etitioner.set forth concisely a state$ent of the $atters in*ol*ed. The #u!re$e %ourt $ay on its own initiati*e deny the !etition on the &round that the a!!eal is without $erit. 8hether or not the a!!ellant has filed a $otion for new trial in the court "elow. or of the denial of the !etitionerGs $otion for new trial or reconsideration filed in due ti$e after notice of the 3ud&$ent. The !etition shall raise only <uestions of law which $ust "e distinctly set forth.1+.c. 9n $otion duly filed and ser*ed.Page 59 of 99 . The authorities relied on shall "e cited "y the !a&e of the re!ort at which the case "e&ins and the !a&e of the re!ort on which the citation is found. without i$!leadin& the lower courts or 3ud&es thereof either as !etitioners or res!ondents7 . 0. Sec.days only within which to file the !etition.a.A the a!!ellee shall set forth his ar&u$ents in the case on each assi&n$ent of error with !a&e references to the record. %ERTIORARI TO T. or is !rosecuted $anifestly for delay.:nder the headin& A'r&u$ent.E SUPRE4E %OURT Section 1.c. -oc?et n( othe! l wful feesA "!oof of se!'ice of "etition. or a certified true co!y of the 3ud&$ent or final order or resolution certified "y the clerk of court of the court a <uo and the re<uisite nu$"er of !lain co!ies thereof. he $ay include in his assi&n$ent of errors any <uestion of law or fact that has "een raised in the court "elow and which is within the issues fra$ed "y the !arties. . )roof of ser*ice of a co!y thereof on the lower court concerned and on the ad*erse !arty shall "e su"$itted to&ether with the !etition. -is+iss l o! (eni l of "etition. $. The !etition shall "e filed in ei&hteen .e. Ti+e fo! filin&A e8tension. 1*. 1ilin& of "etition with Su"!e+e %ou!t. :nless he has theretofore done so. Duestions th t + 2 #e ! ise( on ""e l. 2. !roof of ser*ice of the !etition. de!osit for costs.18. $ay file with the #u!re$e %ourt a *erified !etition for re*iew on certiorari. or that the <uestions raised therein are too unsu"stantial to re<uire consideration. The failure of the !etitioner to co$!ly with any of the fore&oin& re<uire$ents re&ardin& the !ay$ent of the docket and other lawful fees. the #u!re$e %ourt $ay for 3ustifia"le reasons &rant an e2tension of thirty . Sec. *. when a $otion for new trial or reconsideration. and shall . Sec. was filed and when notice of the denial thereof was recei*ed7 .indicate the $aterial dates showin& when notice of the 3ud&$ent or final order or resolution su"3ect thereof was recei*ed. the #andi&an"ayan. if any. with full !ay$ent of the docket and other lawful fees and the de!osit for costs "efore the e2!iration of the re&le$entary !eriod.00 for costs at the ti$e of the filin& of the !etition."e acco$!anied "y a clearly le&i"le du!licate ori&inal. the 1e&ional Trial %ourt or other courts whene*er authori4ed "y law. %ontents of "etition. and the reasons or ar&u$ents relied on for the allowance of the !etition7 . The !etition shall "e filed within fifteen .". RULE )* APPEAL <. ' !arty desirin& to a!!eal "y certiorari fro$ a 3ud&$ent or final order or resolution of the %ourt of '!!eals. and the contents of and the docu$ents which should acco$!any the !etition shall "e sufficient &round for the dis$issal thereof.days fro$ notice of the 3ud&$ent or final order or resolution a!!ealed fro$. the !etitioner shall !ay the corres!ondin& docket and other lawful fees to the clerk of court of the #u!re$e %ourt and de!osit the a$ount of )+00. Sec.contain a sworn certification a&ainst foru$ sho!!in& as !ro*ided in the last !ara&ra!h of section B. ). Sec.d. and such $aterial !ortions of the record as would su!!ort the !etition7 and .co!ies.state the full na$e of the a!!ealin& !arty as the !etitioner and the ad*erse !arty as res!ondent. 1ule CB.

resolution. Title of c ses. /n all cases ori&inally filed in the %ourt of '!!eals. or so far sanctioned such de!arture "y a lower court. To wh t ctions ""lic #le. 62ce!t as otherwise !ro*ided. ' re*iew is not a $atter of ri&ht. $e$oranda or docu$ents as it $ay dee$ necessary within such !eriods and under such conditions as it $ay consider a!!ro!riate. or where the !etition is &i*en due course under section 8 hereof.clearly le&i"le co!ies to&ether with !roof of ser*ice thereof on the res!ondent with the ori&inal co!y intended for the court indicated as such "y the !etitioner. order. or rulin& su"3ect thereof. a concise state$ent of the $atters in*ol*ed. . as to call for an e2ercise of the !ower of su!er*ision. /f the !etition is &i*en due course.days fro$ notice. 1ule a!!lica"le to "oth ci*il and cri$inal cases. the #u!re$e %ourt $ay re<uire or allow the filin& of such !leadin&s. 7. such $aterial !ortions of the record as are referred to therein. #ec. "riefs. and i$!ose the corres!ondin& sanctions in case of non5filin& or unauthori4ed filin& of such !leadin&s and docu$ents or non5co$!liance with the conditions therefor.. e2ce!t in cri$inal cases where the !enalty i$!osed is death. the !arty institutin& the action shall "e called the !etitioner and the o!!osin& !arty the res!ondent. $. -ue cou!seA ele' tion of !eco!(s. while neither controllin& nor fully $easurin& the courtGs discretion. "ut of sound 3udicial discretion. !rohi"ition and $anda$us "y 1ule D+.".a. and other docu$ents rele*ant or !ertinent thereto. 9. /t shall "e filed in se*en . Re'iew (isc!etion !2. The $ode of a!!eal !rescri"ed in this 1ule shall "e a!!lica"le to "oth ci*il and cri$inal cases. The followin&. Ple (in&s n( (ocu+ents th t + 2 #e !e@ui!e(A s nctions. reclusion !er!etua or life i$!rison$ent. and the &rounds relied u!on for the relief !rayed for. The !etition shall contain the full na$es and actual addresses of all the !etitioners and res!ondents. not theretofore deter$ined "y the #u!re$e %ourt. 2. indicate the character of the reasons which will "e considered0 . and will "e &ranted only when there are s!ecial and i$!ortant reasons therefor. the #u!re$e %ourt $ay re<uire the ele*ation of the co$!lete record of the case or s!ecified !arts thereof within fifteen . Sec. 3. the factual "ack&round of the case. Sec. and for <uo warranto "y 1ule DD.7.8hen the court a <uo has so far de!arted fro$ the acce!ted and usual course of 3udicial !roceedin&s. %ontents n( filin& of "etitionA effect of non-co+"li nce with !e@ui!e+ents. $anda$us and <uo warranto. =or !ur!oses of deter$inin& whether the !etition should "e dis$issed or denied !ursuant to section + of this 1ule. Section 1.Page 60 of 99 Sec. This 1ule shall a!!ly to ori&inal actions for certiorari. ORIGINAL %ASES RULE ). for certiorari.1+. Sec. the actions for annul$ent of 3ud&$ent shall "e &o*erned "y 1ule C7. Sec.8hen the court a <uo has decided a <uestion of su"stance. The certification shall "e acco$!lished "y the !ro!er . or has decided it in a way !ro"a"ly not in accord with law or with the a!!lica"le decisions of the #u!re$e %ourt7 or . !rohi"ition. and shall "e acco$!anied "y a clearly le&i"le du!licate ori&inal or certified true co!y of the 3ud&$ent.

days fro$ notice. The !etitioner shall !ay the corres!ondin& docket and other lawful fees to the clerk of court and de!osit the a$ount of )+00. or any other tri"unal or a&ency7 if there is such other action or !roceedin&. %o'e! &e. RULE )7 ANNUL4ENT O1 >U-G4ENTS OR 1INAL OR-ERS AN.years fro$ its disco*ery7 and if "ased on lack of 3urisdiction. The court shall ac<uire 3urisdiction o*er the !erson of the res!ondent "y the ser*ice on hi$ of its order or resolution indicatin& its initial action on the !etition or "y his *oluntary su"$ission to such 3urisdiction. The failure of the !etitioner to co$!ly with any of the fore&oin& re<uire$ents shall "e sufficient &round for the dis$issal of the !etition. the %ourt of '!!eals or different di*isions thereof. or different di*isions thereof. 8hen no co$$ent is filed "y any of the res!ondents./f "ased on e2trinsic fraud. a&ency or office. 9nly !leadin&s re<uired "y the court shall "e allowed. or could ha*e "een a*ailed of. . ).+. Action #2 the cou!t. Effect of f ilu!e to file co++ent. . or any other tri"unal or a&ency. 8hene*er necessary to resol*e factual issues. The other re<uisite nu$"er of co!ies of the !etition shall "e acco$!anied "y clearly le&i"le !lain co!ies of all docu$ents attached to the ori&inal. . "efore it is "arred "y laches or esto!!el. 7.10. 62trinsic fraud shall not "e a *alid &round if it was a*ailed of.Page 61 of 99 clerk of court or "y his duly authori4ed re!resentati*e. or "y the !ro!er officer of the court. 'll other !leadin&s and !a!ers $ay "e filed only with lea*e of court. the court itself $ay conduct hearin&s thereon or dele&ate the rece!tion of the e*idence on such issues to any of its $e$"ers or to an a!!ro!riate court. G!oun(s fo! nnul+ent. without !re3udice to any disci!linary action which the court $ay take a&ainst the diso"edient !arty. 2.00 for costs at the ti$e of the filin& of the !etition. Pe!io( fo! filin& ction. -ete!+in tion of f ctu l issues. Sec. . in a $otion for new trial or !etition for relief. tri"unal. Sec. he undertakes to !ro$!tly infor$ the aforesaid courts and other tri"unal or a&ency thereof within fi*e .C. !etition for relief or other a!!ro!riate re$edies are no lon&er a*aila"le throu&h no fault of the !etitioner. the action $ust "e filed within four . . $.RESOLUTIONS Section 1. >u!is(iction o'e! "e!son of !es"on(ent= how c@ui!e(.days therefro$. a!!eal.The annul$ent $ay "e "ased only on the &rounds of e2trinsic fraud and lack of 3urisdiction.. Sec. the %ourt of '!!eals. the case $ay "e decided on the "asis of the record. The !etitioner shall also su"$it to&ether with the !etition a sworn certification that he has not theretofore co$$enced any other action in*ol*in& the sa$e issues in the #u!re$e %ourt. he $ust state the status of the sa$e7 and if he should thereafter learn that a si$ilar action or !roceedin& has "een filed or is !endin& "efore the #u!re$e %ourt. Sec. Sec. a&ency or office in*ol*ed or "y his duly authori4ed re!resentati*e. *.This 1ule shall &o*ern the annul$ent "y the %ourt of '!!eals of 3ud&$ents or final orders and resolutions in ci*il actions of 1e&ional Trial %ourts for which the ordinary re$edies of new trial. The court $ay dis$iss the !etition outri&ht with s!ecific reasons for such dis$issal or re<uire the res!ondent to file a co$$ent on the sa$e within ten . Sec.

5. without !re3udice to the ori&inal action "ein& refiled in the !ro!er court. Sec. P!oce(u!e. Action #2 the cou!t. ' 3ud&$ent of annul$ent shall set aside the <uestioned 3ud&$ent or final order or resolution and render the sa$e null and *oid.owe*er. Effect of 7u(&+ent. The !etitioner shall also su"$it to&ether with the !etition affida*its of witnesses or docu$ents su!!ortin& the cause of action or defense and a sworn certification that he has not theretofore co$$enced any other action in*ol*in& the sa$e issues in the #u!re$e %ourt. The 3ud&$ent of annul$ent $ay include the award of da$a&es. Sec. as well as those su!!ortin& the !etitionerGs &ood and su"stantial cause of action or defense. or different di*isions thereof. 7. #hould a trial "e necessary. . where the 3ud&$ent or final order or resolution is set aside on the &round of e2trinsic fraud. to&ether with sufficient co!ies corres!ondin& to the nu$"er of res!ondents.Page 62 of 99 Sec. ' certified true co!y of the 3ud&$ent or final order or resolution shall "e attached to the ori&inal co!y of the !etition intended for the court and indicated as such "y the !etitioner. the sa$e shall "e &i*en due course and su$$ons shall "e ser*ed on the res!ondent. Relief ' il #le. the court $ay issue such orders of restitution or other relief as 3ustice and e<uity $ay warrant under the circu$stances. /f the <uestioned 3ud&$ent or final order or resolution had already "een e2ecuted. #hould the court find no su"stantial $erit in the !etition. as the case $ay "e.. *. the sa$e $ay "e dis$issed outri&ht with s!ecific reasons for such dis$issal. Sus"ension of "!esc!i"ti'e "e!io(. the court $ay on $otion order the trial court to try the case as if a ti$ely $otion for new trial had "een &ranted therein. The !etition shall "e filed in se*en .clearly le&i"le co!ies. or any other tri"unal or a&ency7 if there is such other action or !roceedin&. Sec. 1:. attorneyGs fees and other relief. Sec. the %ourt of '!!eals or different di*isions thereof. the rece!tion of the e*idence $ay "e referred to a $e$"er of the court or a 3ud&e of a 1e&ional Trial %ourt.7. . 1ilin& n( contents of "etition. The !rocedure in ordinary ci*il cases shall "e o"ser*ed. he undertakes to !ro$!tly infor$ the aforesaid courts and other tri"unal or a&ency thereof within fi*e . or any other tri"unal or a&ency. #hould !ri$a facie $erit "e found in the !etition. . Sec. ). .owe*er. Sec. . the %ourt of '!!eals. 3.days therefro$.The action shall "e co$$enced "y filin& a *erified !etition alle&in& therein with !articularity the facts and the law relied u!on for annul$ent. The !rescri!ti*e !eriod for the refilin& of the aforesaid ori&inal action shall "e dee$ed sus!ended fro$ the filin& of such ori&inal action until the finality of the 3ud&$ent of annul$ent.+. he $ust state the status of the sa$e. Annul+ent of 7u(&+ents o! fin l o!(e!s of 4unici" l T!i l %ou!ts. and if he should thereafter learn that a si$ilar action or !roceedin& has "een filed or is !endin& "efore the #u!re$e %ourt. the !rescri!ti*e !eriod shall not "e sus!ended where the e2trinsic fraud is attri"uta"le to the !laintiff in the ori&inal action.

Sec.days fro$ ser*ice. . e2ce!t when the case is not allowed "y law to "e co$!ro$ised7 . Reco!( of the confe!ence. li$it the nu$"er of witnesses to "e !resented in cases fallin& within the ori&inal 3urisdiction of the court.+. the resolution in the !recedin& section shall control the su"se<uent !roceedin&s in the case unless. 9hen llowe(. within fi*e . No he !in& o! o! l !&u+ent fo! +otions. 2. si$!lify and clarify the issues for deter$ination7 .".Page 63 of 99 'n action to annul a 3ud&$ent or final order of a Munici!al Trial %ourt shall "e filed in the 1e&ional Trial %ourt ha*in& 3urisdiction o*er the for$er. . the court $ay call the !arties and their counsel to a !reli$inary conference0 . the sti!ulations and ad$issions $ade. /t shall "e treated as an ordinary ci*il action and sections B. only one counsel $ay ar&ue for a !arty.To define. any !arty shall satisfactorily show *alid cause why the sa$e should not "e followed. C. . G!oun(s fo! (is+iss l of ""e l. 't any ti$e durin& the !endency of a case. a resolution shall "e issued e$"odyin& all the actions taken therein. . RULE )5 ORAL ARGU4ENT Section 1. RULE *: -IS4ISSAL O1 APPEAL Section 1. The duration allowed for each !arty.Motions shall not "e set for hearin& and. 2.d. P!eli+in !2 confe!ence. #u"3ect to such $odifications which $ay "e $ade to !re*ent $anifest in3ustice.'t its own instance or u!on $otion of a !arty. or those within its a!!ellate 3urisdiction where a $otion for new trial is &ranted on the &round of newly disco*ered e*idence7 and . %on(uct of o! l !&u+ent.:nless authori4ed "y the court. u!on the conclusion thereof. and all other related $atters shall "e as directed "y the court.c. and the issues defined.+. Bindin& effect of the results of the conference. unless the court otherwise directs. 7. . $. #ec. the court $ay hear the !arties in oral ar&u$ent on the $erits of a case.To take u! such other latters which $ay aid the court in the !ro$!t dis!osition of the case.days fro$ notice thereof.To consider the !ossi"ility of an a$ica"le settle$ent. or on any $aterial incident in connection therewith. 8 and 9 of this 1ule shall "e a!!lica"le thereto. no hearin& or oral ar&u$ent shall "e allowed in su!!ort thereof. The oral ar&u$ent shall "e li$ited to such $atters as the court $ay s!ecify in its order or resolution. u!on the e2!iration of which such $otion shall "e dee$ed su"$itted for resolution. The !roceedin&s at such conference shall "e recorded and. Sec. The ad*erse !arty $ay file o"3ections to the $otion within fi*e . .To for$ulate sti!ulations of facts and ad$issions of docu$entary e2hi"its. %ON1EREN%E Section 1. RULE )3 PRELI4INAR.a. the se<uence of the ar&u$entation. Sec.

5 1.i. or $e$orandu$ re<uired "y the 1ules or "y the court itself.8here no hearin& on the $erits of the $ain case is held. or of !a&e references to the record as re<uired in section 1 .Page 64 of 99 'n a!!eal $ay "e dis$issed "y the %ourt of '!!eals.8here such a hearin& is held. B. circulars. 'n a!!eal under 1ule C1 taken fro$ the 1e&ional Trial %ourt to the %ourt of '!!eals raisin& only <uestions of law shall "e dis$issed.a-.=ailure of the a!!ellant to a!!ear at the !reli$inary conference under 1ule C8 or to co$!ly with orders. u!on its ter$ination or u!on the filin& of the last !leadin& or $e$orandu$ as $ay "e re<uired or !er$itted to "e filed "y the court.f.d. "rief. 'n a!!eal erroneously taken to the %ourt of '!!eals shall not "e transferred to the a!!ro!riate court "ut shall "e dis$issed outri&ht. o$issions or additions in the a!!ro*ed record on a!!eal as !ro*ided in section C of 1ule CC7 .:nauthori4ed alterations.=ailure of the record on a!!eal to show on its face that the a!!eal was taken within the !eriod fi2ed "y these 1ules7 . issues !urely of law not "ein& re*iewa"le "y said court.c. an a!!eal "y notice of a!!eal instead of "y !etition for re*iew fro$ the a!!ellate 3ud&$ent of a 1e&ional Trial %ourt shall "e dis$issed. ' case shall "e dee$ed su"$itted for 3ud&$ent0 '.of 1ule CC7 .'"sence of s!ecific assi&n$ent of errors in the a!!ellantGs "rief.=ailure to file the notice of a!!eal or the record on a!!eal within the !eriod !rescri"ed "y these 1ules7 .=ailure of the a!!ellant to take the necessary ste!s for the correction or co$!letion of the record within the ti$e li$ited "y the court in its order7 . RULE *1 >U-G4ENT Section 1.e. !ara&ra!hs .d. Sec. .a. 2. .".f. the withdrawal $ay "e allowed in the discretion of the court. $. on the followin& &rounds0 .and . . -is+iss l of i+"!o"e! ""e l to the %ou!t of A""e ls. #i$ilarly. u!on the filin& of the last !leadin&.=ailure of the a!!ellant to ser*e and file the re<uired nu$"er of co!ies of his "rief or $e$orandu$ within the ti$e !ro*ided "y these 1ules7 .h. 9hen c se (ee+e( su#+itte( fo! 7u(&+ent. or the e2!iration of the !eriod for its filin&. /n ordinary a!!eals. or directi*es of the court without 3ustifia"le cause7 and .c-. 9ith(! w l of ""e l. Thereafter. 'n a!!eal $ay "e withdrawn as of ri&ht at any ti$e "efore the filin& of the a!!elleeGs "rief. on its own $otion or on that of the a!!ellee. Sec.The fact that the order or 3ud&$ent a!!ealed fro$ is not a!!eala"le.&.=ailure of the a!!ellant to !ay the docket and other lawful fees as !ro*ided in section C of 1ule C17 . or the e2!iration of the !eriod for its filin&.

and costs $ay "e ad3ud&ed in such cases. order.8here no hearin& is held. The 3ud&$ent shall "e rendered "y the $e$"ers of the court who !artici!ated in the deli"eration on the $erits of the case "efore its assi&n$ent to a $e$"er for the writin& of the decision. for$in& a s!ecial di*ision of fi*e Justices. B. or $odify the 3ud&$ent or final order a!!ealed fro$. u!on the e2!iration of the !eriod to co$$ent. .8here a hearin& on the $erits of the $ain case is held. The !artici!ation of all the fi*e $e$"ers of the s!ecial di*ision shall "e necessary for the deli"eration re<uired in section B of this 1ule and the concurrence of a $a3ority of such di*ision shall "e re<uired for the !ronounce$ent of a 3ud&$ent or final resolution. The %ourt of '!!eals. The court at e*ery sta&e of the !roceedin& $ust disre&ard any error or defect which does not affect the su"stantial ri&hts of the !arties. No error in either the ad$ission or the e2clusion of e*idence and no error or defect in any rulin& or order or in anythin& done or o$itted "y the trial court or "y any of the !arties is &round for &rantin& a new trial or for settin& aside. u!on the filin& of the last !leadin& re<uired or !er$itted to "e filed "y the court. as the court shall dee$ !ro!er. 2. or otherwise distur"in& a 3ud&$ent or order. . . and re*ersed as to others. Sec. $ay affir$. to&ether with the $inutes of the deli"eration. and the case shall thereafter "e !roceeded with. /n all actions or !roceedin&s. or the e2!iration of the !eriod for its filin&.. The !artici!ation of all three Justices of a di*ision shall "e necessary at the deli"eration and the unani$ous *ote of the three Justices shall "e re<uired for the !ronounce$ent of a 3ud&$ent or final resolution. Duestions th t + 2 #e (eci(e(. 3. Sec. /n ori&inal actions and !etitions for re*iew. the %hair$an of the di*ision shall refer the case. Sec. which $ay "e contained in the decision or final resolution itself. Duo!u+ n( 'otin& in the cou!t. unless refusal to take such action a!!ears to the court inconsistent with su"stantial 3ustice. an a!!ealed 3ud&$ent $ay "e affir$ed as to so$e of the a!!ellants. $.Page 65 of 99 B. Thereafter. Sec. /f the three Justices do not reach a unani$ous *ote. 6*ery decision or final resolution of the court in a!!ealed cases shall clearly and distinctly state the findin&s of fact and the conclusions of law on which it is "ased. 1o!+ of (ecision. ). Sec. so far as necessary. -is"osition of c se. or the e2!iration of the !eriod for its filin&. u!on its ter$ination or u!on the filin& of the last !leadin& or $e$orandu$ as $ay "e re<uired or !er$itted to "e filed "y the court. Sec. 7. >u(&+ent whe!e the!e !e se'e! l " !ties. and $ay direct a new trial or further !roceedin&s to "e had. <2 who+ !en(e!e(. or resolution a!!ealed fro$.8here no co$$ent is filed. $odifyin&. to the )residin& Justice who shall desi&nate two Justices chosen "y raffle fro$ a$on& all the other $e$"ers of the court to sit te$!orarily with the$. in the e2ercise of its a!!ellate 3urisdiction. *.5 1. as if se!arate actions had "een "e&un and !rosecuted7 and e2ecution of the 3ud&$ent of affir$ance $ay "e had accordin&ly. . or ado!ted fro$ those set forth in the decision. re*erse. !+less e!!o!. the clerk shall enter the *otes of the dissentin& Justices in the record. Sec.

2. 62ce!t where the 3ud&$ent or final order or resolution. Sec. a $otion for reconsideration shall "e resol*ed within ninety .1+. RULE *$ NE9 TRIAL . 'fter the 3ud&$ent or final resolution and dissentin& or se!arate o!inions. Pe!io( fo! filin&. /n the %ourt of '!!eals.days fro$ the date when the court declares it su"$itted for resolution. The !endency of a $otion for reconsideration filed on ti$e and "y the !ro!er !arty shall stay the e2ecution of the 3ud&$ent or final resolution sou&ht to "e reconsidered unless the court. ' !arty $ay file a $otion for reconsideration of a 3ud&$ent or final resolution within fifteen . or closely related to or de!endent on an assi&ned error and !ro!erly ar&ued in the "rief. The date when the 3ud&$ent or final resolution "eco$es e2ecutory shall "e dee$ed as the date of its entry. RULE *2 4OTION 1OR RE%ONSI-ERATION Section 1. the 3ud&$ent or final resolution shall forthwith "e entered "y the clerk in the "ook of entries of 3ud&$ents.Page 66 of 99 No error which does not affect the 3urisdiction o*er the su"3ect $atter or the *alidity of the 3ud&$ent a!!ealed fro$ or the !roceedin&s therein will "e considered unless stated in the assi&n$ent of errors. is ordered to "e i$$ediately e2ecutory. /n ori&inal actions in the %ourt of '!!eals. they shall "e deli*ered for filin& to the clerk who shall indicate thereon the date of !ro$ul&ation and cause true co!ies thereof to "e ser*ed u!on the !arties or their counsel Sec. with !roof of ser*ice on the ad*erse !arty. if any. 1:. Sec. the resolution &rantin& such $otion shall "e trans$itted to the lower court fro$ which the case ori&inated. /f no a!!eal or $otion for new trial or reconsideration is filed within the ti$e !ro*ided in these 1ules. Secon( +otion fo! !econsi(e! tion. for &ood reasons. sa*e as the court $ay !ass u!on !lain errors and clerical errors. or a !ortion thereof. $. Ent!2 of 7u(&+ents n( fin l !esolutions. the $otion for its e2ecution $ay only "e filed in the !ro!er court after its entry. 11. its writ of e2ecution shall "e acco$!anied "y a certified true co!y of the entry of 3ud&$ent or final resolution and addressed to any a!!ro!riate officer for its enforce$ent. Sec. No second $otion for reconsideration of a 3ud&$ent or final resolution "y the sa$e !arty shall "e entertained.90. shall otherwise direct. St 2 of e8ecution. The record shall contain the dis!ositi*e !art of the 3ud&$ent or final resolution and shall "e si&ned "y the clerk. with a certificate that such 3ud&$ent or final resolution has "eco$e final and e2ecutory. to&ether with a certified true co!y of the 3ud&$ent or final order to "e e2ecuted. P!o+ul& tion n( notice of 7u(&+ent. E8ecution of 7u(&+ent. 5. ). /n a!!ealed cases.days fro$ notice thereof. Sec. are si&ned "y the Justices takin& !art. with a directi*e for such court of ori&in to issue the !ro!er writ for its enforce$ent. Resolution of +otion. where the $otion for e2ecution !endin& a!!eal is filed in the %ourt of '!!eals at a ti$e that it is in !ossession of the ori&inal record or the record on a!!eal. Sec.

/n the %ourt of '!!eals. and $ay &rant or refuse a new trial. $. The 3ud&$ents and final resolutions of the court shall "e !u"lished in the 9fficial >a4ette and in the 1e!orts officially authori4ed "y the court in the lan&ua&e in which they ha*e "een ori&inally written. shall $ake !ro!er orders or rules to &o*ern the allot$ent of cases a$on& the different di*isions. 2. . or "y de!ositions. and other $atters relatin& to the "usiness of the court7 and such rules shall continue in force until re!ealed or altered "y it or "y the #u!re$e %ourt. RULE ** PU<LI%ATION O1 >U-G4ENTS AN. P!e" ! tion of o"inions fo! "u#lic tion. the !rocedure in the new trial shall "e the sa$e as that &ranted "y a 1e&ional Trial %ourt. 2. Pe!io( fo! filin&A &!oun(. :nless the court otherwise directs. to&ether with the sylla"i therefor !re!ared "y the re!orter in consultation with the writers thereof. a !arty $ay file a $otion for a new trial on the &round of newly disco*ered e*idence which could not ha*e "een disco*ered !rior to the trial in the court "elow "y the e2ercise of due dili&ence and which is of such a character as would !ro"a"ly chan&e the result. or render such other 3ud&$ent as ou&ht to "e rendered u!on such ter$s as it $ay dee$ 3ust. as to the takin& of further testi$ony. )rocedure in new trial. 't any ti$e after the a!!eal fro$ the lower court has "een !erfected and "efore the %ourt of '!!eals loses 3urisdiction o*er the case. which shall "e reached in consultation "efore the writin& of the o!inion "y any $e$"er of the di*ision. Pu#lic tion. Sec. with notice to "oth !arties. The %ourt of '!!eals shall consider the new e*idence to&ether with that adduced at the trial "elow. Three $e$"ers shall constitute a <uoru$ for its sessions of a di*ision. Sec. ' $a3ority of the actual $e$"ers of the court shall constitute a <uoru$ for its session en "anc.90. Sec. Sec. The $otion shall "e acco$!anied "y affida*its showin& the facts constitutin& the &rounds therefor and the newly disco*ered e*idence. a $otion for new trial shall "e resol*ed within ninety .days fro$ the date when the court declares it su"$itted for resolution. Me$oranda of all other 3ud&$ents and final resolutions not so !u"lished shall "e $ade "y the re!orter and !u"lished in the 9fficial >a4ette and the authori4ed re!orts. 2. . C. either orally in court.e !in& n( o!(e!. the fillin& of *acancies occurrin& therein. The %ourt of '!!eals. The affir$ati*e *otes of the $a3ority of the $e$"ers !resent shall "e necessary to !ass a resolution of the court en "anc. 'll the cases of the %ourt of '!!eals shall "e allotted a$on& the different di*isions thereof for hearin& and decision. or $ay $ake such order. sittin& en "anc.Page 67 of 99 Section 1. RULE *) INTERNAL <USINESS Section 1. the constitution of such di*isions. Duo!u+ of the %ou!t. the re&ular rotation of Justices a$on& the$. -ist!i#ution of c ses +on& (i'isions. The affir$ati*e *otes of three $e$"ers of a di*ision shall "e necessary for the !ronounce$ent of a 3ud&$ent or final resolution.1INAL RESOLUTION Section 1. #ec. Resolution of +otion.

su"3ect to the followin& !ro*isions0 a. P!oce(u!e. 4o(e of ""e l. C8. ). C8. <uo warranto.A 6ach *olu$e thereof shall contain a ta"le of the cases re!orted and the cases cited in the o!inions. and cases affectin& a$"assadors. to&ether with !roof of ser*ice on all ad*erse !arties. the authorities cited therein. reclusion perpetua or life i$!rison$ent.A while those of the %ourt of '!!eals shall "e known as the A%ourt of '!!eals 1e!orts.The !ortions of said 1ules dealin& strictly with and s!ecifically intended for a!!ealed cases in the %ourt of '!!eals shall not "e a!!lica"le7 and c. The !rocedure in ori&inal cases for certiorari.-A ORIGINAL %ASES Section 1. e2ce!t in cri$inal cases where the !enalty i$!osed is death. disci!linary !roceedin& a&ainst $e$"ers of the 3udiciary and attorneys. Sec. G!oun(s fo! (is+iss l of ""e l. $. ha"eas cor!us. B. 1ules C+. other !u"lic $inisters and consuls $ay "e filed ori&inally in the #u!re$e %ourt. +B and this 1ule. and 1ules CD. and + to 11 of 1ule +1. the na$es of counsel. 2.clearly le&i"le co!ies of the !etition shall "e filed.-<0 RULE *. Sec. Sec. RULE *.-< APPEALE. !rohi"ition. $anda$us.E SUPRE4E %OURT /Rules *. O!i&in l c ses co&niF #le. laws. well "ound and nu$"ered consecuti*ely in the order of the *olu$e !u"lished. $. #ections 1. Rules ""lic #le. 9nly !etitions for certiorari. Sec. The !u"lished decisions and final resolutions of the #u!re$e %ourt shall "e called A)hili!!ine 1e!orts. laws. !rohi"ition.%ASES Sec. the $aterial and contro*erted !oints in*ol*ed. C9. and those a&ainst attorneys "y 1ule 1 95B. *. The !roceedin&s for disci!linary action a&ainst $e$"ers of the 3udiciary shall "e &o*erned "y the laws and 1ules !rescri"ed therefor. The a!!eal shall "e &o*erned "y and dis!osed of in accordance with the a!!lica"le !ro*isions of the constitution. 'n a!!eal to the #u!re$e %ourt $ay "e taken only "y a !etition for re*iew on certiorari.18.'ll references in said 1ules to the %ourt of '!!eals shall "e understood to also a!!ly to the #u!re$e %ourt7 ". with a co$!lete al!ha"etical inde2 of the su"3ect $atters of the *olu$e. . an a sylla"us which shall "e confined to !oints of law. PRO%E-URE IN T. <uo warranto and ha"eas cor!us shall "e in accordance with the a!!lica"le !ro*isions of the %onstitution.6i&hteen . /t shall consist of not less than se*en hundred !a&es !rinted u!on &ood !a!er. $anda$us. +1.-A to *. +B and this 1ule. as a$ended.Page 68 of 99 The re!orter shall !re!are and !u"lish with each re!orted 3ud&$ent and final resolution a concise syno!sis of the facts necessary for a clear understandin& of the case. Gene! l + ?e-u" of 'olu+es.

the case shall a&ain "e deli"erated on. factor. an a!!eal taken to the #u!re$e %ourt "y notice of a!!eal shall "e dis$issed./n an action for the reco*ery of a s"ecifie( +ount of +one2 o! ( + &es. or an attorney.Eack of $erit in the !etition7 . The deter$ination of the #u!re$e %ourt on whether or not issues of fact are in*ol*ed shall "e final. directi*e or order of the #u!re$e %ourt without 3ustifia"le cause7 . other than $oral and e2e$!lary.4ENT Section 1.=ailure to take the a!!eal within the re&le$entary !eriod7 . -is"osition of i+"!o"e! ""e l.=ailure to co$!ly with any circular.". 't the co++ence+ent of the ction or at any ti$e "efore entry of 3ud&$ent. PROVISIONAL RE4E-IES /Rules *7 to . Sec. 'n a!!eal "y certiorari taken to the #u!re$e %ourt fro$ the 1e&ional Trial %ourt su"$ittin& issues of fact $ay "e referred to the %ourt of '!!eals for decision or a!!ro!riate action. delict or <uasi5delict a&ainst a !arty who is a"out to de!art fro$ the )hili!!ines which intent to defraud his creditors7 .The fact that the case is not a!!eala"le to the #u!re$e court. the ori&inal action co$$enced in the %ourt shall "e dis$issed7 in a!!ealed cases..=ailure to co$!ly with the re<uire$ents re&ardin& !roof of ser*ice and contents of and the docu$ents which should acco$!any the !etition7 .c. and if after such deli"eration no decision is reached.f.e. contract. <uasi5contract. P!oce(u!e if o"inion is e@u ll2 (i'i(e(./n an action for $oney or !ro!erty e$"e44led or fraudulently $isa!!lied or con*erted to his own use "y a !u"lic officer.a. G!oun(s u"on which tt ch+ent + 2 issue. or for a willful *iolation of duty7 . the 3ud&$ent or order a!!ealed fro$ shall stand affir$ed7 and on all incidental $atters.&.=ailure to !ay the re<uisite docket fee and other lawful fees or to $ake a de!osit for costs7 .". or clerk. a !laintiff or any !ro!er !arty $ay ha*e the !ro!erty of the ad*erse !arty attached as security for the satisfaction of any 3ud&$ent that $ay "e reco*ered in the followin& cases0 . 62ce!t as !ro*ided in #ection .6rror in the choice or $ode of a!!eal7 and .d.a.10 RULE *7 PRELI4INAR. or "y other !erson in a fiduciary ca!acity. or an officer of a cor!oration. 1ule 1BB re&ardin& a!!eals in cri$inal cases where the !enalty i$!osed is death.Page 69 of 99 The a!!eal $ay "e dis$issed motu proprio or on $otion of the res!ondent on the followin& &rounds0 . Sec. ATTA%. "roker a&ent. . 8here the %ourt en banc is e<ually di*ided in o!inion. the !etition or $otion shall "e denied. or the necessary $a3ority cannot "e had. reclusion perpetua or life i$!rison$ent. 7. on a cause of action arisin& fro$ law. in the course of his e$!loy$ent as such.

No le'2 on tt ch+ent "u!su nt to the w!it issue( un(e! section 2 he!eof sh ll #e enfo!ce( unless it is "!ece(e(= o! conte+"o! neousl2 cco+" nie(= #2 se!'ice of su++ons= to&ethe! with co"2 of the co+"l int= the ""lic tion fo! tt ch+ent= the ""lic ntGs ffi( 'it n( #on(= n( the o!(e! n( w!it of tt ch+ent= on the (efen( nt within the Phili""ines. and that the a$ount due to the a!!licant. or &i*es a counter"ond e2ecuted to the a!!licant.f. if the court shall finally ad3ud&e that the a!!licant was not entitled thereto./n an action a&ainst a !arty who has "een &uilty of a fraud in contractin& the de"t or incurrin& the o"li&ation u!on which the action is "rou&ht. $./n an action to reco*er the !ossession of !ro!erty un3ustly or fraudulently taken. has "een concealed. in an a$ount e<ual to the "ond fi2ed "y the court in the order of attach$ent or to the *alue of the !ro!erty to "e attached. ). Affi( 'it n( #on( !e@ui!e(. that the case is one of those $entioned in section 1 hereof. detained or con*erted. 'n order of attach$ent $ay "e issued either e2 !arte or u!on $otion with notice and hearin& "y the court in which the action is !endin&. not e2e$!t fro$ e2ecution. that a sufficient cause of action e2ists.Page 70 of 99 . or the action is one in re$ or <uasi in re$. The !arty a!!lyin& for the order $ust thereafter &i*e a "ond e2ecuted to the ad*erse !arty in the a$ount fi2ed "y the court in its order &rantin& the issuance of the writ. unless the for$er $akes a de!osit with the court fro$ which the writ is issued. or of so$e other !erson who !ersonally knows the facts. Sec. #e*eral writs $ay "e issued at the sa$e ti$e to the sheriffs of the courts of different 3udicial re&ions. or on who$ su$$ons $ay "e ser*ed "y !u"lication. or the defendant is a resident of the )hili!!ines te$!orarily a"sent therefro$. when the !ro!erty. $ust "e duly filed with the court "efore the order issues. 'n order of attach$ent shall "e &ranted only when it a!!ears "y the affida*it of the a!!licant.d. or dis!osed of to !re*ent its "ein& found or taken "y the a!!licant or an authori4ed !erson7 . Sec. Sec. that there is no other sufficient security for the clai$ sou&ht to "e enforced "y the action. e2clusi*e of costs./n an action a&ainst a !arty who does not reside and is not found in the )hili!!ines. re$o*ed. and $ust re<uire the sheriff of the court to attach so $uch of the !ro!erty in the )hili!!ines of the !arty a&ainst who$ it is issued. which $ay "e the a$ount sufficient to satisfy the a!!licant?s de$and or the *alue of the !ro!erty to "e attached as stated "y the a!!licant. only so $uch of the !ro!erty in the )hili!!ines of the !arty a&ainst who$ the writ is issued. e2clusi*e of costs. or is a"out to do so. as $ay "e sufficient to satisfy the a!!licant?s de$and. 2. The re<uire$ent of !rior or conte$!oraneous ser*ice of su$$ons shall not a!!ly where the su$$ons could not "e ser*ed !ersonally or "y su"stituted ser*ice des!ite dili&ent efforts. or "y the %ourt of '!!eals or the #u!re$e %ourt. with intent to defraud his creditors7 or .e. *. or the *alue of the !ro!erty the !ossession of which he is entitled to reco*er. Issu nce n( contents of o!(e!. . unless such !arty $akes de!osit or &i*es a "ond as hereinafter !ro*ided in an a$ount e<ual to that fi2ed in the order. conditioned that the latter will !ay all the costs which $ay "e ad3ud&ed to the ad*erse !arty and all da$a&es which he $ay sustain "y reason of the attach$ent.c. and the "ond re<uired "y the ne2t succeedin& section./n an action a&ainst a !arty who has re$o*ed or dis!osed of his !ro!erty. or the defendant is a non5resident of the )hili!!ines. 4 nne! of tt chin& "!o"e!t2. %on(ition of ""lic ntGs #on(. is as $uch as the su$ for which the order is &ranted a"o*e all le&al counterclai$s. to await 3ud&$ent and e2ecution in the action. The sheriff enforcin& the writ shall without delay and with all reasona"le dili&ence attach. or any !art thereof. or in the !erfor$ance thereof7 . Sec. not e2e$!t fro$ e2ecution. The affida*it. as $ay "e sufficient to satisfy the a!!licant?s de$and.

de"ts or other si$ilar !ersonal !ro!erty. and the credits and other !ersonal !ro!erty in his !ossession. le&atee or de*isee concerned.d. co$$issions. "elon&in& to said !arty. "y lea*in& with the !erson owin& such de"ts. "y filin& with the re&istry of deeds a co!y of the order. 7. royalties.e. Effect of tt ch+ent of (e#ts= c!e(its n( ll othe! si+il ! "e!son l "!o"e!t2. 1eal and !ersonal !ro!erty shall "e attached "y the sheriff e2ecutin& the writ in the followin& $anner0 . or an interest in stocks or shares. or de*isee. such credits or other !ersonal !ro!erty. of any cor!oration or co$!any. The re&istrar of deed $ust inde2 attach$ents filed under this section in the na$es of the a!!licant. the notice shall contain a reference to the nu$"er of the certificate of title. and a notice that it is attached.". descri!tion. the sheriff $ust likewise without delay $ake a return thereon to the court fro$ which the writ issued. includin& "ank de!osits. to&ether with a descri!tion of the !ro!erty attached. and notice with the occu!ant of the !ro!erty.)ersonal !ro!erty ca!a"le of $anual deli*ery. financial interest. or standin& on the records of the re&istry of deeds in the na$e of any other !erson. a co!y of the writ. and "y lea*in& a co!y of such order.Page 71 of 99 Sec. shall "e lia"le to the a!!licant for the a$ount of such credits. "y ser*in& the e2ecutor or ad$inistrator or other !ersonal re!resentati*e of the decedent with a co!y of the writ and notice that said interest is attached. . and other !ersonal !ro!erty not ca!a"le of $anual deli*ery. le&atee. 8here the !ro!erty has "een "rou&ht under the o!eration of either the Eand 1e&istration 'ct or the )ro!erty 1e&istration @ecree. or under his control. whether as heir. or the !erson "y who$ the !ro!erty is held or in whose na$e it stands in the records. or with such other !erson or his a&ent if found within the !ro*ince. She!iffGs !etu!n. are attached in !ursuance of such writ7 . or any interest therein. 3. 'll !ersons ha*in& in their !ossession or under their control any credits or other si$ilar !ersonal !ro!erty "elon&in& to the !arty a&ainst who$ attach$ent is issued. a descri!tion sufficiently accurate for the identification of the land or interest to "e affected shall "e included in the re&istration of such attach$ent7 . or not a!!earin& at all u!on such records. Sec. or that such real !ro!erty and any interest therein held "y or standin& in the na$e of such other !erson are attached. or any 3ud&$ent reco*ered "y hi$ is satisfied. or "elon&in& to the !arty a&ainst who$ attach$ent is issued and held "y any other !erson.#tocks or shares.The interest of the !arty who$ attach$ent is issued in !ro!erty "elon&in& to the estate of the decedent. the *olu$e and !a&e in the re&istration "ook where the certificate is re&istered. a co!y of the writ of attach$ent shall "e filed with the !ro!er court or <uasi53udicial a&ency. or owin& any de"ts to hi$. ' co!y of said writ of attach$ent and of said notice shall also "e filed in the office of the clerk of the court in which said estate is "ein& settled and ser*ed u!on the heir. and notice of the attach$ent ser*ed u!on the custodian of such !ro!erty. to&ether with any counter5"ond &i*en "y the !arty a&ainst who$ attach$ent is issued. and notice that the de"ts owin& "y hi$ to the !arty a&ainst who$ attach$ent is issued. if any. or with his a&ent. 'fter enforcin& the writ. standin& u!on the record of the re&istry of deed of the !ro*ince in the na$e of the !arty a&ainst who$ attach$ent is issued. a co!y of the writ. Sec. or &rowin& cro!s thereon. and ser*e co!ies thereof on the a!!licant.c. and the re&istered owner or owners thereof. after issuin& the corres!ondin& recei!t therefor7 .. or ha*in& in his !ossession or under his control. "y takin& and safely kee!in& it in his custody.@e"ts and credits. Att ch+ent of !e l n( "e!son l "!o"e!t2A !eco!(in& the!eof.1eal !ro!erty. /f the !ro!erty sou&ht to "e attached is in custodia le&is. with a full state$ent of his !roceedin&s under the writ and a co$!lete in*entory of the !ro!erty attached. /f the attach$ent is not clai$ed on the entire area of the land co*ered "y the certificate of title. . and a notice statin& that the stock or interest of the !arty a&ainst who$ the attach$ent is issued is attached in !ursuance of such writ7 . at the ti$e of ser*ice u!on the$ of the co!y of the writ of attach$ent and notice as !ro*ided in the last !recedin& section. until the attach$ent is dischar&ed. the ad*erse !arty. "y lea*in& with the !resident or $ana&in& a&ent thereof.a.

and $ay "e e2a$ined on oath.Page 72 of 99 unless such !ro!erty is deli*ered or transferred. $ay "e re<uired to attend "efore the court in which the action is !endin&. the court shall order the settin& aside or the corres!ondin& dischar&e of the attach$ent if it a!!ears that it was i$!ro!erly or irre&ularly issued or enforced. for an order to set aside or dischar&ed the attach$ent on the &round that the sa$e was i$!ro!erly or irre&ularly issued or enforced. "ut the !ro!erty attached shall "e ordered deli*ered to the sheriff $akin& the le*y. u!on hearin& with notice to "oth !arties. Sec. :!on the dischar&e of an attach$ent in accordance with the !ro*isions of this section. the dischar&e shall "e li$ited to the e2cess. shall re!ort the attach$ent to the court when any !etition for distri"ution is filed. or the !roceeds of any sale thereof. The !arty whose !ro!erty is attached $ay also "e re<uired to attend for the !ur!ose of &i*in& infor$ation res!ectin& his !ro!erty. or that the interests of all the !arties to the action will "e will "e su"ser*ed "y the sale thereof. the !arty whose !ro!erty has "een attached. sheriff. or that the "ond is insufficient. order !ersonal !ro!erty ca!a"le of $anual deli*ery "elon&in& to hi$. ad$inistrator. The court $ay. or files a counter5"ond e2ecuted to the attachin& !arty with the clerk of the court where the a!!lication is $ade. #uch !ersonal re!resentati*e. and in the order $ade u!on such !etition. order the dischar&e of the attach$ent if the $o*ant $akes a cash de!osit. 5. ha*in& reference to any lien thereon or clai$ a&ainst the sa$e. shall "e deli*ered to the !arty $akin& the de!osit or &i*in& the counter5"ond. the cash de!osit or the counter5"ond shall secure the !ay$ent of any 3ud&$ent that the attachin& !arty $ay reco*er in the action. the !ro!erty attached. . -isch !&e of tt ch+ent on othe! &!oun(s. the counter5"ond shall "e e<ual to the *alue of that !ro!erty as deter$ined "y the court. or that the attach$ent is e2cessi*e. distri"ution $ay "e awarded to such heir. 9hen tt che( "!o"e!t2 + 2 #e sol( fte! le'2 on tt ch+ent n( #efo!e ent!2 of 7u(&+ent. the attachin& !arty $ay a!!ly for a new order of attach$ent. But if the attach$ent is sou&ht to "e dischar&ed with res!ect to a !articular !ro!erty. 1:. and the defect is not cured forthwith. and the !arty furnishin& the sa$e fail to file an additional counter5"ond. the court $ay order such !ro!erty to "e sold at !u"lic auction in such $anner as it $ay direct. or that the "ond is insufficient. /n either case. 1$. and "e e2a$ined on oath res!ectin& the sa$e. that the !arty attached is !erisha"le. to await the 3ud&$ent in the action. Sec. /f the attach$ent is e2cessi*e. Sec. 8hene*er it shall "e $ade to a!!ear to the court in which the action is !endin&. -isch !&e of tt ch+ent u"on &i'in& counte!#on(. to "e deli*ered to the clerk of the court or sheriff on such ter$s as $ay "e 3ust. after due notice and hearin&. le&atee. the de!osit or counter5"ond aforesaid standin& in !lace of the !ro!erty so released. 12. or de*isee in the !ro!erty "elon&in& to the estate of a decedent shall not i$!air the !ower of the e2ecutor. le&atee. The court shall. or the !erson a!!earin& on his "ehalf. in the !ossession of the !erson so re<uired to attend "efore the court. 'fter a writ of attach$ent has "een enforced. Sec. or such de"ts are !aid. or de*isee. or other !ersonal re!resentati*e of the decedent o*er such !ro!erty for the !ur!ose of ad$inistration. #hould such counter5"ond for any reason to "e found to "e or "eco$e insufficient. the attachin& !arty $ay o!!ose the $otion "y counter5affida*its or other e*idence in addition to that on which the attach$ent was $ade. 'fter due notice and hearin&. Sec. and the !roceeds of such sale to "e de!osited in court to a"ide the 3ud&$ent in the action. /f the $otion "e $ade on affida*its on the !art of the $o*ant "ut not otherwise. howe*er. E8 +in tion of " !t2 whose "!o"e!t2 is tt che( n( "e!sons in(e#te( to hi+ o! cont!ollin& his "!o"e!t2A (eli'e!2 of "!o"e!t2 to she!iff. The attach$ent of the interest of an heir. or to the !erson a!!earin& on his "ehalf. 11. su"3ect to the clai$ of such heir. Effect of tt ch+ent of inte!est in "!o"e!t2 #elon&in& to the est te of (ece(ent. e2clusi*e of costs. 'ny !erson owin& de"ts to the !arty whose !ro!erty is attached or ha*in& in his !ossession or under his control any credit or other !ersonal !ro!erty "elon&in& to such !arty. or other !ro!er officer of the court issuin& the attach$ent. "efore or after le*y or e*en after the release of the attached !ro!erty. after such e2a$ination. to the clerk. or "efore a co$$issioner a!!ointed "y the court. The !arty whose !ro!erty has "een ordered attached $ay file a $otion with the court in which the action is !endin&. ' notice of the de!osit shall forthwith "e ser*ed on the attachin& !arty. $ay $o*e for the dischar&e of the attach$ent wholly or in !art on the security &i*en. or de*isee. in an a$ount e<ual to that fi2ed "y the court in the order of attach$ent. le&atee. or any !erson clai$in& under hi$.

1*.By !ayin& to the 3ud&$ent o"li&ee the !roceeds of all sales of !erisha"le or other !ro!erty sold in !ursuance of the order of the court. he shall "e re!resented "y the #olicitor >eneral. or ri&ht to the !ossession thereof. or owin& de"ts to the latter at the ti$e of the attach$ent of such credits or de"ts. the filin& of such "ond shall not "e re<uired. and a co!y thereof u!on the attachin& !arty. Sec. the sheriff. or any officer duly re!resentin& it. S tisf ction of 7u(&+ent out of "!o"e!t2 tt che(A !etu!n of she!iff. if enou&h for that !ur!ose re$ain in the sheriff?s hands. and any !roceeds of the sale of the !ro!erty attached not a!!lied to the 3ud&$ent. "y sellin& so $uch of the !ro!erty. on de$and of the sheriff. the surety or sureties on any counter5"ond &i*en !ursuant to the !ro*isions of this 1ule to secure the !ay$ent of the 3ud&$ent shall "eco$e char&ed on such counter5"ond and "ound to !ay the 3ud&$ent o"li&ee u!on de$and the a$ount due under the 3ud&$ent. /n case of disa&ree$ent as to such *alue.".. and such !erson $akes an affida*it of his title thereto.8hen the 3ud&$ent has "eco$e e2ecutory. @is!osition of $oney de!osited. any "alance shall re$ain due. and stated in the 3ud&$ent. P!ocee(in&s whe!e "!o"e!t2 cl i+e( #2 thi!( "e!son.Page 73 of 99 Sec. The sheriff shall not "e lia"le for da$a&es for the takin& or kee!in& of such !ro!erty. shall file a "ond a!!ro*ed "y the court to inde$nify the third5!arty clai$ant in a su$ not less than the *alue of the !ro!erty le*ied u!on. unless the attachin& !arty or his a&ent. includin& the !roceed of any de"ts or credits collected. less the e2!enses of !roceedin&s u!on the 3ud&$ent. and !ayin& the !roceeds of such collection o*er to the 3ud&$ent o"li&ee. 18.a. the actual da$a&es ad3ud&ed "y the court shall "e !aid "y the National Treasurer out of the funds to "e a!!ro!riated for the !ur!ose./f any "alance re$ains due. 8here the !arty a&ainst who$ attach$ent had "een issued has de!osited $oney instead of &i*in& counter5"ond. or !re*ent the attachin& !arty fro$ clai$in& da$a&es a&ainst a third5!arty clai$ant who filed a fri*olous or !lainly s!urious clai$. the sa$e shall "e decided "y the court issuin& the writ of attach$ent. /f the !ro!erty attached is clai$ed "y any !erson other than the !arty a&ainst who$ attach$ent had "een issued or his a&ent. real or !ersonal. and if held lia"le therefor. the sheriff $ust !roceed to collect such "alance as u!on ordinary e2ecution. 1). or so $uch as shall "e necessary to satisfy the 3ud&$ent7 . in the sa$e or a se!arate action. or in those of the clerk of the court7 . The sheriff shall forthwith $ake a return in writin& to the court of his !roceedin&s under this section and furnish the !arties with co!ies thereof. 8hene*er the 3ud&$ent shall ha*e "een !aid. Sec. the a$ount of such credits and de"ts as deter$ine "y the court in the action. and after . and a!!lyin& the !roceeds to the satisfaction of the 3ud&$ent. 17.days fro$ the date of the filin& of the "ond. Sec. 8hen the writ of attach$ent is issued in fa*or of the 1e!u"lic of the )hili!!ines. u!on reasona"le de$and. . as $ay "e necessary to satisfy the "alance. 1. to any such third5!arty clai$ant. .c.1B0.'fter reali4in& u!on all the !ro!erty attached. and ser*es such affida*it u!on the sheriff while the latter has !ossession of the attached !arty. No clai$ for da$a&es for the takin& or kee!in& of the !ro!erty $ay "e enforced a&ainst the "ond unless the action therefor is filed within one hundred twenty . if such "ond shall "e filed. Nothin& herein contained such !re*ent such clai$ant or any third !erson fro$ *indicatin& his clai$ to the !ro!erty. the sheriff $ay cause the 3ud&$ent to "e satisfied out of the !ro!erty attached. < l nce (ue collecte( u"on n e8ecutionA e8cess (eli'e!e( to 7u(&+ent o#li&o!. /f 3ud&$ent "e reco*ered "y the attachin& !arty and e2ecution issue thereon. statin& the &rounds of such ri&ht or title. which a$ount $ay "e reco*ered fro$ such surety or sureties after notice and su$$ary hearin& in the sa$e action. if it "e sufficient for that !ur!ose in the followin& $anner0 .By collectin& fro$ all !ersons ha*in& in their !ossession credits "elon&in& to the 3ud&$ent o"li&or. $ust return to the 3ud&$ent o"li&or the attached !ro!erty re$ainin& in his hands. Reco'e!2 u"on the counte!-#on(. and in case the sheriff is sued for da$a&es as a result of the attach$ent. the sheriff shall not "e "ound to kee! the !ro!erty under attach$ent. #ec. it shall "e a!!lied under the direction of the court to the satisfaction of any 3ud&$ent rendered in fa*or of the attachin& !arty.

Sec. re<uirin& a !arty or a court. the whole su$ de!osited $ust "e refunded to hi$ or his assi&nee. #uch da$a&es $ay "e awarded only after !ro!er hearin& and shall "e included in the 3ud&$ent on the $ain case. %l i+ fo! ( + &es on ccount of i+"!o"e!= i!!e&ul ! o! e8cessi'e tt ch+ent. Sec. Sec. threatenin&. 9ho + 2 &! nt "!eli+in !2 in7unction. and tendin& to render the 3ud&$ent ineffectual. 2. court. /f the action or !roceedin& is !endin& in the %ourt of '!!eals or in the #u!re$e %ourt.That the co$$ission.". under the order of attach$ent. settin& forth the facts showin& his ri&ht to da$a&es and the a$ount thereof. shall "e deli*ered to the !arty a&ainst who$ attach$ent was issued. irre&ular or e2cessi*e attach$ent $ust "e filed "efore the trial or "efore the trial or "efore a!!eal is !erfected or "efore the 3ud&$ent "eco$es e2ecutory.That the a!!licant is entitled to the relief de$anded. Nothin& herein contained shall !re*ent the !arty a&ainst who$ the attach$ent was issued fro$ reco*erin& in the sa$e action the da$a&es awarded to hi$ fro$ any !ro!erty of the attachin& !arty not e2e$!t fro$ e2ecution should the "ond or de!osit &i*en "y the latter "e insufficient or fail to fully satisfy the award. P!eli+in !2 in7unction (efine(A cl sses. continuance or non5!erfor$ance of the act or acts co$!lained of durin& the liti&ation would !ro"a"ly work in3ustice to the a!!licant7 or . or is !rocurin& or sufferin& to "e done. The a!!ellate court $ay allow the a!!lication to "e heard and decided "y the trial court. all the !roceeds of sales and $oney collected or recei*ed "y the sheriff. and the order of attach$ent dischar&ed. so$e act or acts !ro"a"ly in *iolation of the ri&hts of the a!!licant res!ectin& the su"3ect of the action or !roceedin&. and all !ro!erty attached re$ainin& in any such officer?s hands.a. /t $ay also re<uire the !erfor$ance of a !articular act or acts. Sec.'n a!!lication for da$a&es on account of i$!ro!er. Sec. -is"osition of tt che( "!o"e!t2 whe!e 7u(&+ent is fo! " !t2 & inst who+ tt ch+ent w s issue(. /f the 3ud&$ent of the a!!ellate court "e fa*ora"le to the !arty a&ainst who$ the attach$ent was issued. . G!oun(s fo! issu nce of "!eli+in !2 in7unction. $./f 3ud&$ent "e rendered a&ainst the attachin& !arty. or is atte$!tin& to do. ). in which case it shall "e known as a !reli$inary $andatory in3unction. . with notice to the !arty in whose fa*or the attach$ent was issued or his surety or sureties. .That a !arty. with due notice to the attachin& !arty and his surety or sureties.Page 74 of 99 satisfyin& the 3ud&$ent the "alance shall "e rendered to the de!ositor or his assi&nee. 15. either for a li$ited !eriod or !er!etually7 . Ve!ifie( ""lic tion n( #on( fo! "!eli+in !2 in7unction o! te+"o! !2 !est! inin& o!(e!. he $ust clai$ da$a&es sustained durin& the !endency of the a!!eal "y filin& an a!!lication in the a!!ellate court. "efore the 3ud&$ent of the a!!ellate court "eco$es e2ecutory. /f the 3ud&$ent is in fa*or of the !arty a&ainst who$ attach$ent was issued. and the whole or !art of such relief consists in restrainin& the co$$ission or continuance of the act or acts co$!lained of. ' !reli$inary in3unction is an order &ranted at any sta&e of an action or !roceedin& !rior to the 3ud&$ent or final order. or in re<uirin& the !erfor$ance of an act or acts. ' !reli$inary in3unction $ay "e &ranted when it is esta"lished0 . a&ency or a !erson is doin&. 2:. it $ay "e issued "y said court or any $e$"er thereof.c. a&ency or a !erson to refrain fro$ a !articular act or acts. RULE *3 PRELI4INAR. IN>UN%TION Section 1. ' !reli$inary in3unction $ay "e &ranted "y the court where the action or !roceedin& is !endin&.

. /f it shall a!!ear fro$ facts shown "y affida*its or "y the *erified a!!lication that &reat or irre!ara"le in3ury would result to the a!!licant "efore the $atter can "e heard on notice. or the ad*erse !arty is a resident of the )hili!!ines te$!orarily a"sent therefro$ or is a nonresident thereof. and su"3ect to the !ro*isions of the !recedin& sections. . . . /n no case shall the total !eriod of effecti*ity of the te$!orary restrainin& order e2ceed twenty . and accordin&ly issue the corres!ondin& order. *. the re<uire$ent of !rior or conte$!oraneous ser*ice of su$$ons shall not a!!ly. deter$ine within the sa$e !eriod whether or not the !reli$inary in3unction shall "e &ranted. G!oun(s fo! o#7ection to= o! fo! +otion of (issolution of= in7unction o! !est! inin& o!(e!. a writ of !reli$inary in3unction shall "e issued.d.B0. u!on the ad*erse !arty in the )hili!!ines. the te$!orary restrainin& order is dee$ed auto$atically *acated. .Page 75 of 99 ' !reli$inary in3unction or te$!orary restrainin& order $ay "e &ranted only when0 . The effecti*ity of a te$!orary restrainin& order is not e2tendi"le without need of any 3udicial declaration to that effect and no court shall ha*e authority to e2tend or renew the sa$e on the sa$e &round for which it was issued. the te$!orary restrainin& order shall "e effecti*e for si2ty . the 3ud&e "efore who$ the case is !endin& shall conduct a su$$ary hearin& to deter$ine whether the te$!orary restrainin& order shall "e e2tended until the a!!lication for !reli$inary in3unction can "e heard.owe*er. the court to which the a!!lication for !reli$inary in3unction was $ade.D0.days fro$ ser*ice on the !arty or !erson sou&ht to "e en3oined. P!eli+in !2 in7unction not &! nte( without noticeA e8ce"tion. where the su$$ons could not "e ser*ed !ersonally or "y su"stituted ser*ice des!ite dili&ent efforts. the court $ust order said !arty or !erson to show cause. No !reli$inary in3unction shall "e &ranted without hearin& and !rior notice to the !arty or !erson sou&ht to "e en3oined. Sec. at a s!ecified ti$e and !lace. /n any e*ent.hours. the case.a.". shall "e raffled only after notice to and in the !resence of the ad*erse !arty or the !erson to "e en3oined. "y ser*ice of su$$ons. to&ether with a co!y of the co$!laint or initiatory !leadin& and the a!!licantGs affida*it and "ond. if issued "y the %ourt of '!!eals or a $e$"er thereof. if the $atter is of e2tre$e ur&ency and the a!!licant will suffer &ra*e in3ustice and irre!ara"le in3ury.hours after the sheriffGs return of ser*ice andIor the records are recei*ed "y the "ranch selected "y raffle and to which the records shall "e trans$itted i$$ediately.7B. Sec.:nless e2e$!ted "y the court.owe*er.days.8hen an a!!lication for a writ of !reli$inary in3unction or a te$!orary restrainin& order is included in a co$!laint or any initiatory !leadin&. a "ond e2ecuted to the !arty or !erson en3oined.. the a!!licant files with the court where the action or !roceedin& is !endin&.hours fro$ issuance "ut he shall i$$ediately co$!ly with the !ro*isions of the ne2t !recedin& section as to ser*ice of su$$ons and the docu$ents to "e ser*ed therewith.7B. /n the e*ent that the a!!lication for !reli$inary in3unction is denied or not resol*ed within the said !eriod. e2ce!t as herein !ro*ided. or conte$!oraneously acco$!anied.owe*er. in an a$ount to "e fi2ed "y the court.The a!!lication for a te$!orary restrainin& order shall thereafter "e acted u!on only after all !arties are heard in a su$$ary hearin& which shall "e conducted within twenty5four . . within the aforesaid se*enty5two . ' restrainin& order issued "y the #u!re$e %ourt or a $e$"er thereof shall "e effecti*e until further orders. why the in3unction should not "e &ranted.days fro$ ser*ice on the !arty or !erson sou&ht to "e en3oined. .c. Thereafter.B0. :!on a!!ro*al of the re<uisite "ond.The a!!lication in the action or !roceedin& is *erified. includin& the ori&inal se*enty5two hours !ro*ided herein. if filed in a $ulti!le5sala court.BC. 8ithin the said twenty5day !eriod. $ay issue e2 !arte a te$!orary restrainin& order to "e effecti*e only for a !eriod of twenty . and shows facts entitlin& the a!!licant to the relief de$anded7 and . to the effect that the a!!licant will !ay to such !arty or !erson all da$a&es which he $ay sustain "y reason of the in3unction or te$!orary restrainin& order if the court should finally decide that the a!!licant was not entitled thereto. the e2ecuti*e 3ud&e of a $ulti!le5sala court or the !residin& 3ud&e of a sin&le5sala court $ay issue e2 !arte a te$!orary restrainin& order effecti*e for only se*enty5two . such notice shall "e !receded.

if &ranted. $ay "e dissol*ed. Sec. RULE *5 RE%EIVERS. /t $ay further "e denied. or. the court shall &rant a final in3unction !er!etually restrainin& the !arty or !erson en3oined fro$ the co$$ission or continuance of the act or acts or confir$in& the !reli$inary $andatory in3unction. 9hen fin l in7unction &! nte(. or that the !arties ha*e so sti!ulated in the contract of $ort&a&e7 . Sec.IP Section 1. if it a!!ears after hearin& that althou&h the a!!licant is entitled to the in3unction or restrainin& order. that the !arty a!!lyin& for the a!!oint$ent of a recei*er has an interest in the !ro!erty or fund which is the su"3ect of the action or !roceedin&.8hen it a!!ears fro$ the *erified a!!lication. or to dis!ose of it accordin& to the 3ud&$ent. to !reser*e the !ro!erty durin& the !endency of an a!!eal. The !arty filin& a "ond in accordance with the !ro*isions of this 1ule shall forthwith ser*e a co!y of such "ond on the other !arty. or a $e$"er thereof. 7. ascertained.8hen it a!!ears in an action "y the $ort&a&ee for the foreclosure of a $ort&a&e that the !ro!erty is in dan&er of "ein& wasted or dissi!ated or $aterially in3ured. the a$ount of da$a&es to "e awarded to either !arty. or the surety or sureties thereon fail to 3ustify a "ond sufficient in a$ount with sufficient sureties a!!ro*ed after 3ustification is not filed forthwith. in the followin& cases0 . or of the surety or sureties thereon. or to aid e2ecution when the e2ecution has "een returned unsatisfied or the 3ud&$ent o"li&or refuses to a!!ly his !ro!erty in satisfaction of the 3ud&$ent.". and that its *alue is !ro"a"ly insufficient to dischar&e the $ort&a&e de"t. it $ay "e $odified. . if &ranted. A""oint+ent of !ecei'e!.'fter 3ud&$ent. as the case $ay "e. Se!'ice of co"ies of #on(sA effect of (is ""!o' l of s +e. ad$inisterin&. 3. /f it a!!ears that the e2tent of the !reli$inary in3unction or restrainin& order &ranted is too &reat.d. one or $ore recei*ers of the !ro!erty su"3ect of the action or !roceedin& $ay "e a!!ointed "y the court where the action is !endin&. :!on a *erified a!!lication. /f the a!!licantGs "ond is found to "e insufficient in a$ount. the in3unction shall "e &ranted or restored. or "y the %ourt of '!!eals or "y the #u!re$e %ourt. or dis!osin& of the !ro!erty in liti&ation.c. which $ay "e o!!osed "y the a!!licant also "y affida*its. the issuance or continuance thereof. and the for$er files a "ond in an a$ount fi2ed "y the court conditioned that he will !ay all da$a&es which the a!!licant $ay suffer "y the denial or the dissolution of the in3unction or restrainin& order. /f the "ond of the ad*erse !arty is found to "e insufficient in a$ount. u!on a showin& of its insufficiency.8hene*er in other cases it a!!ears that the a!!oint$ent of a recei*er is the $ost con*enient and feasi"le $eans of !reser*in&. or $aterially in3ured unless a recei*er "e a!!ointed to ad$inister and !reser*e it7 . re$o*ed. and that such !ro!erty or fund is in dan&er of "ein& lost. or otherwise to carry the 3ud&$ent into effect7 . the in3unction shall "e dissol*ed. and awarded under the sa$e !rocedure !rescri"ed in section B0 of 1ule +7.a. 't the trial. as the case $ay "e. 5. and a "ond sufficient in a$ount with sufficient sureties a!!ro*ed after 3ustification is not filed forthwith. or if the surety or sureties thereon fail to 3ustify. Sec. $ay "e dissol*ed.Page 76 of 99 The a!!lication for in3unction or restrainin& order $ay "e denied. >u(&+ent to inclu(e ( + &es & inst " !t2 n( su!eties. The in3unction or restrainin& order $ay also "e denied. on other &rounds u!on affida*its of the !arty or !erson en3oined. /f after the trial of the action it a!!ears that the a!!licant is entitled to ha*e the act or acts co$!lained of !er$anently en3oined. u!on the "ond of the ad*erse !arty. who $ay e2ce!t to the sufficiency of the "ond. or. and such other !roof as the court $ay re<uire. would cause irre!ara"le da$a&e to the !arty or !erson en3oined while the a!!licant can "e fully co$!ensated for such da$a&es as he $ay suffer. shall "e clai$ed.

when the ad*erse !arty files a "ond e2ecuted to the a!!licant. The !erson filin& a "ond in accordance with the !ro*isions of this 1ule shall forthwith ser*e a co!y thereof on each interested !arty. !erson. #u"3ect to the control of the court in which the action or !roceedin& is !endin&. and a "ond sufficient in a$ount with sufficient sureties a!!ro*ed after 3ustification is not filed forthwith.. funds in the hands of a recei*er $ay "e in*ested only "y order of the court u!on the written consent of all the !arties to the action. Before issuin& the order a!!ointin& a recei*er the court shall re<uire the a!!licant to file a "ond e2ecuted to the !arty a&ainst who$ the a!!lication is !resented. or in case of disa&ree$ent. as the case $ay "e. 2. as the case $ay "e. "ooks. the recei*er shall "e sworn to !erfor$ the$ faithfully. /f the "ond of the ad*erse !arty is found to "e insufficient in a$ount or the surety or sureties thereon fail to 3ustify. docu$ents and !a!ers within his !ower or control. to the effect that the a!!licant will !ay such !arty all da$a&es he $ay sustain "y reason of the a!!oint$ent of such recei*er in case the a!!licant shall ha*e !rocured such a!!oint$ent without sufficient cause7 and the court $ay. the recei*er shall "e a!!ointed or re5a!!ointed. Before enterin& u!on his duties. $. 7. to&ether with all da$a&es that $ay ha*e "een sustained "y the !arty or !arties entitled thereto as a conse<uence of such refusal or ne&lect. to deli*er to the recei*er all the !ro!erty. . Gene! l "owe!s of !ecei'e!. or if the surety or sureties thereon fail to 3ustify. 3. o$issions. actions in his own na$e7 to take and kee! !ossession of the !ro!erty in contro*ersy7 to recei*e rents7 to collect de"ts due to hi$self as recei*er or to the fund. or the recei*er dischar&ed. <on( on ""oint+ent of !ecei'e!. or cor!oration of which he is the recei*er7 to co$!ound for and co$!ro$ise the sa$e7 to $ake transfers7 to !ay outstandin& de"ts7 to di*ide the $oney and other !ro!erty that shall re$ain a$on& the !ersons le&ally entitled to recei*e the sa$e7 and &enerally to do such acts res!ectin& the !ro!erty as the court $ay authori4e. to the effect that such !arty will !ay the a!!licant all da$a&es he $ay suffer "y reason of the acts. estate. The recei*er $ay also "e dischar&ed if it is shown that his a!!oint$ent was o"tained without sufficient cause. Sec. to the effect that he will faithfully dischar&e his duties in the action or !roceedin& and o"ey the orders of the court. u!on reasona"le de$and. and a "ond sufficient in a$ount with sufficient sureties a!!ro*ed after 3ustification is not filed forthwith. or other $atters s!ecified in the a!!lication as &round for such a!!oint$ent. C. in an a$ount to "e fi2ed "y the court. Sec. Sec. in its discretion. 9ath and "ond of recei*er. in such ca!acity. re<uire an additional "ond as further security for such da$a&es. at any ti$e after the a!!oint$ent. *. Li #ilit2 fo! !efus l o! ne&lect to (eli'e! "!o"e!t2 to !ecei'e!. who $ay e2ce!t to its sufficiency or of the surety or sureties thereon. . Sec. Sec. ' !erson who refuses or ne&lects. /f either the a!!licantGs or the recei*erGs "ond is found to "e insufficient in a$ount. as deter$ined and ordered "y the court. The a!!lication $ay "e denied.Page 77 of 99 @urin& the !endency of an a!!eal. deeds. e2ecuted to such !erson and in such su$ as the court $ay direct. in an a$ount to "e fi2ed "y the court. . notes. #ec. -eni l of ""lic tion o! (isch !&e of !ecei'e!.owe*er. !ro!erty. and shall file a "ond. the a!!ellate court $ay allow an a!!lication for the a!!oint$ent of a recei*er to "e filed in and decided "y the court of ori&in and the recei*er a!!ointed to "e su"3ect to the control of said court. Sec. Te!+in tion of !ecei'e!shi"A co+"ens tion of !ecei'e!. the a!!lication shall "e denied or the recei*er dischar&ed. "ills. $oney. No action $ay "e filed "y or a&ainst a recei*er without lea*e of the court which a!!ointed hi$. $ay "e !unished for conte$!t and shall "e lia"le to the recei*er for the $oney or the *alue of the !ro!erty and other thin&s so refused or ne&lected to "e surrendered. Se!'ice of co"ies of #on(sA effect of (is ""!o' l of s +e. a recei*er shall ha*e the !ower to "rin& and defend. su"3ect of or in*ol*ed in the action or !roceedin&.

' !arty !rayin& for the reco*ery of !ossession of !ersonal !ro!erty $ay. it shall. O!(e!. the court shall issue an order and the corres!ondin& writ of re!le*in descri"in& the !ersonal !ro!erty alle&ed to "e wron&fully detained and re<uirin& the sheriff forthwith to take such !ro!erty into his custody.That the !ro!erty has not "een distrained or taken for a ta2 assess$ent or a fine !ursuant to law. RULE .That the a!!licant is the owner of the !ro!erty clai$ed. and for the !ay$ent to the ad*erse !arty of such su$ as he $ay reco*er fro$ the a!!licant in the action. or a!!ortioned.a. alle&in& the cause of detention thereof accordin& to the "est of his knowled&e. at the co$$ence$ent of the action or at any ti$e "efore answer. The a!!licant $ust show "y his own affida*it or that of so$e other !erson who !ersonally knows the facts0 . :!on recei*in& such order. 5.Page 78 of 99 8hene*er the court. Sec. :!on the filin& of such affida*it and a!!ro*al of the "ond. if any. that it is e2e$!t fro$ such sei4ure or custody7 and . and order the dischar&e of the recei*er fro$ further duty as such. he $ust cause the "uildin& or enclosure to "e "roken o!en and take the !ro!erty into his !ossession. as 3ustice re<uires. and "elief7 . /f the !ro!erty or any !art thereof "e concealed in a "uildin& or enclosure. e2ecuted to the ad*erse !arty in dou"le the *alue of the !ro!erty as stated in the affida*it afore$entioned. a!!ly for an order for the deli*ery of such !ro!erty to hi$. Affi( 'it n( #on(. to&ether with a co!y of the a!!lication. infor$ation.". or otherwise !laced under custodia le&is. shall "e clai$ed. #ec. after due notice to all interested !arties and hearin&. or is entitled to the !ossession thereof7 . $.c. 1eturn of !ro!erty. The court shall allow the recei*er such reasona"le co$!ensation as the circu$stances of the case warrant. -ut2 of the she!iff. Sec. settle the accounts of the recei*er. 2. in the $anner hereinafter !ro*ided. !articularly descri"in& it. $otu !ro!rio or on $otion of either !arty. the sheriff $ust ser*e a co!y thereof on the ad*erse !arty. Sec. the sheriff $ust de$and its deli*ery. and $ust forthwith take the !ro!erty. direct the deli*ery of the funds and other !ro!erty in his !ossession to the !erson ad3ud&ed to "e entitled to recei*e the$. ). and retain it in his custody.: REPLEVIN Section 1. or if so sei4ed. >u(&+ent to inclu(e !eco'e!2 & inst su!eties. to "e awarded to any !arty u!on any "ond filed in accordance with the !ro*isions of this 1ule. The a!!licant $ust also &i*e a "ond. +. affida*it and "ond. to "e ta2ed as costs a&ainst the defeated !arty.The actual $arket *alue of the !ro!erty. and &ranted under the sa$e !rocedure !rescri"ed in section B0 of 1ule +7. for the return of the !ro!erty to the ad*erse !arty if such return "e ad3ud&ed. or sei4ed under a writ of e2ecution or !reli$inary attach$ent. Sec. or his a&ent. ascertained. if it "e in the !ossession of the ad*erse !arty. . The a$ount. he $ust kee! it in a secure !lace and shall "e res!onsi"le for its deli*ery to the !arty entitled thereto u!on recei*in& his fees and necessary e2!enses for takin& and kee!in& the sa$e.d. shall deter$ine that the necessity for a recei*er no lon&er e2ists. A""lic tion. and if it "e not deli*ered.That the !ro!erty is wron&fully detained "y the ad*erse !arty. 'fter the sheriff has taken !ossession of the !ro!erty as herein !ro*ided.

and also for such da$a&es as either !arty $ay !ro*e. to any such third5!arty clai$ant if such "ond shall "e filed. the actual da$a&es ad3ud&ed "y the court shall "e !aid "y the National Treasurer out of the funds to "e a!!ro!riated for the !ur!ose.days after the takin& of the !ro!erty "y the sheriff. >u(&+ent to inclu(e !eco'e!2 & inst su!eties.days fro$ the date of the filin& of the "ond. he shall "e re!resented "y the #olicitor >eneral. the court shall deter$ine who has the ri&ht of !ossession to and the *alue of the !ro!erty and shall render 3ud&$ent in the alternati*e for the deli*ery thereof to the !arty entitled to the sa$e. and ser*es such affida*it u!on the sheriff while the latter has !ossession of the !ro!erty and a co!y thereof u!on the a!!licant. #ec. the filin& of such "ond shall not "e re<uired. and "y ser*in& a co!y of such "ond on the a!!licant. statin& the &rounds therefor. 'fter trial of the issues. 5.1 SUPPORT PEN-ENTE LITE . Sec. The a$ount. Sec. 7. 3. re<uire the return thereof. or if the ad*erse !arty re<uires the return of the !ro!erty "ut his "ond is o"3ected to and found insufficient and he does not forthwith file an a!!ro*ed "ond. or for its *alue in case deli*ery cannot "e $ade. No clai$ for da$a&es for the takin& or kee!in& of the !ro!erty $ay "e enforced a&ainst the "ond unless the action therefor is filed within one hundred twenty . /f the !ro!erty taken is clai$ed "y any !erson other than the !arty a&ainst who$ the writ of re!le*in had "een issued or his a&ent. "ut if he does not so o"3ect. ascertained.10. /f for any reason the !ro!erty is not deli*ered to the a!!licant. in dou"le the *alue of the !ro!erty as stated in the a!!licantGs affida*it for the deli*ery thereof to the a!!licant. The sheriff shall not "e lia"le for da$a&es. Sec. D. Retu!n of " "e!s. with the court within ten . The sheriff $ust file the order. and for the !ay$ent of such su$ to hi$ as $ay "e reco*ered a&ainst the ad*erse !arty. @is!osition of !ro!erty "y sheriff. and if held lia"le therefor. "y filin& with the court where the action is !endin& a "ond e2ecuted to the a!!licant. and in case the sheriff is sued for da$a&es as a result of the re!le*in. RULE . /n case of disa&ree$ent as to such *alue. to "e awarded to any !arty u!on any "ond filed in accordance with the !ro*isions of this 1ule. and such !erson $akes an affida*it of his title thereto. Nothin& herein contained shall !re*ent such clai$ant or any third !erson fro$ *indicatin& his clai$ to the !ro!erty. or ri&ht to the !ossession thereof. shall "e clai$ed. with his !roceedin&s indorsed thereon.+. the sheriff $ust return it to the ad*erse !arty. he $ay. or !re*ent the a!!licant fro$ clai$in& da$a&es a&ainst a third5!arty clai$ant who filed a fri*olous or !lainly s!urious clai$. on de$and of said sheriff. or any officer duly re!resentin& it.days after takin& the !ro!erty $entioned therein. the sheriff shall not "e "ound to kee! the !ro!erty under re!le*in or deli*er it to the a!!licant unless the a!!licant or his a&ent. at any ti$e "efore the deli*ery of the !ro!erty to the a!!licant. or of the surety or sureties thereon. or of the surety or sureties thereon7 or if the ad*erse !arty so o"3ects and the court affir$s its a!!ro*al of the a!!licantGs "ond or a!!ro*es a new "ond.1B0. P!ocee(in&s whe!e "!o"e!t2 cl i+e( #2 thi!( "e!son. the ad*erse !arty does not o"3ect to the sufficiency of the "ond. the !ro!erty shall "e deli*ered to the a!!licant. Sec. with costs. if any.Page 79 of 99 /f the ad*erse !arty o"3ects to the sufficiency of the a!!licantGs "ond. shall file a "ond a!!ro*ed "y the court to inde$nify the third5!arty clai$ant in a su$ not less than the *alue of the !ro!erty under re!le*in as !ro*ided in section B hereof. he cannot i$$ediately re<uire the return of the !ro!erty. 8hen the writ of re!le*in is issued in fa*or of the 1e!u"lic of the )hili!!ines. the court shall deter$ine the sa$e. /f within fi*e . 1:. >u(&+ent. if such deli*ery "e ad3ud&ed. in the sa$e or a se!arate action. for the takin& or kee!in& of such !ro!erty. and &ranted under the sa$e !rocedure as !rescri"ed in section B0 of 1ule +7.

a *erified a!!lication for su!!ort !endente lite $ay "e filed "y any !arty statin& the &rounds for the clai$ and the financial conditions of "oth !arties. /f the a!!lication is denied. 't the co$$ence$ent of the !ro!er action or !roceedin&. The co$$ent shall "e *erified and shall "e acco$!anied "y affida*its. it shall order the reci!ient thereof to return to the for$er the a$ounts already !aid with le&al interest fro$ the dates of actual !ay$ent. ). issue an order of e2ecution a&ainst hi$. #hould the reci!ient fail to rei$"urse said a$ounts. Su""o!t in c!i+in l c ses. The facts in issue shall "e !ro*ed in the sa$e $anner as is !ro*ided for e*idence on $otions. /f the ad*erse !arty fails to co$!ly with an order &rantin& su!!ort !endente lite. ha*in& due re&ard to the !ro"a"le outco$e of the case and such other circu$stances as $ay aid in the !ro!er resolution of the <uestion in*ol*ed. $. . 8hen the !erson ordered to &i*e su!!ort !endente lite refuses or fails to do so. the !rinci!al case shall "e tried and decided as early as !ossi"le. the a!!lication shall "e set for hearin& not $ore than three . o"tain a writ of e2ecution to enforce his ri&ht of rei$"urse$ent a&ainst the !erson ordered to !ro*ide such su!!ort. *. the accused $ay "e ordered to !ro*ide su!!ort !endente lite to the child "orn to the offended !arty alle&edly "ecause of the cri$e. SPE%IAL %IVIL A%TIONS /Rules . . any third !erson who furnished that su!!ort to the a!!licant $ay. or after the e2!iration of the !eriod for its filin&. /n cri$inal actions where the ci*il lia"ility includes su!!ort for the offs!rin& as a conse<uence of the cri$e and the ci*il as!ect thereof has not "een wai*ed.days to co$$ent thereon unless a different !eriod is fi2ed "y the court u!on his $otion. . Sec. her !arents. 7. The a!!lication therefor $ay "e filed successi*ely "y the offended !arty. without !re3udice to his lia"ility for conte$!t. without !re3udice to the ri&ht of the reci!ient to o"tain rei$"urse$ent in a se!arate action fro$ the !erson le&ally o"li&ed to &i*e the su!!ort.+. Restitution. Enfo!ce+ent of o!(e!.Page 80 of 99 Section 1. and the ter$s of !ay$ent or $ode for !ro*idin& the su!!ort. in accordance with the !rocedure esta"lished under this 1ule. &rand!arents or &uardian and the #tate in the corres!ondin& cri$inal case durin& its !endency. and shall render such orders as 3ustice and e<uity $ay re<uire. Sec. The court shall deter$ine !ro*isionally the !ertinent facts. 8hen the 3ud&$ent or final order of the court finds that the !erson who has "een !ro*idin& su!!ort !endente lite is not lia"le therefor. the court shall fi2 the a$ount of $oney to "e !ro*isionally !aid or such other for$s of su!!ort as should "e !ro*ided. O!(e!. the court shall. takin& into account the necessities of the a!!licant and the resources or $eans of the ad*erse !arty. Sec. Sec.e !in&. de!ositions or other authentic docu$ents in su!!ort thereof.days thereafter. and acco$!anied "y affida*its. after due notice and hearin& in the sa$e case. 2. Sec. the !erson who !ro*ided throu&h sa$e $ay likewise seek rei$"urse$ent thereof in a se!arate action fro$ the !erson le&ally o"li&ed to &i*e such su!!ort. Sec. de!ositions or other authentic docu$ents in su!!ort thereof. or at any ti$e !rior to the 3ud&$ent or final order.2 to 710 . ' co!y of the a!!lication and all su!!ortin& docu$ents shall "e ser*ed u!on the ad*erse !arty. A""lic tion.. $otu !ro!rio or u!on $otion. who shall ha*e fi*e . 'fter the co$$ent is filed. %o++ent. /f the a!!lication is &ranted. reser*ed or instituted !rior to its filin&.

'ny !erson interested under a deed. Sec. #u$$ons shall "e ser*ed u!on the conflictin& clai$ants. cross5clai$s. shall constitute a lien or char&e u!on the su"3ect $atter of the action. The !arties in an inter!leader action $ay file counterclai$s.+. or any other &o*ern$ental re&ulation $ay. "rin& an action in the a!!ro!riate 1e&ional Trial %ourt to deter$ine any <uestion of construction or *alidity arisin&. RELIE1 AN. The !eriod to file the answer shall "e tolled and if the $otion is denied. as !ro*ided "y these 1ules. contract or other written instru$ent. $. the court $ay direct in such order that the su"3ect $atter "e !aid or deli*ered to the court. Answe! n( othe! "le (in&s. /f the interests of 3ustice so re<uire. *. the $o*ant $ay file his answer within the re$ainin& !eriod. will. third5!arty co$!laints and res!onsi*e !leadin&s thereto. "efore "reach or *iolation thereof. Sec. or an interest which in whole or in !art is not dis!uted "y the clai$ants. 4otion to (is+iss.1+. unless the court shall order otherwise. e2ecuti*e order or re&ulation.SI4ILAR RE4E-IES Section 1. on $otion. O!(e!. ). The docket and other lawful fees !aid "y the !arty who filed a co$!laint under this 1ule. each clai$ant $ay file a $otion to dis$iss on the &round of i$!ro!riety of the inter!leader action or on other a!!ro!riate &rounds s!ecified in 1ule 1D. declare hi$ in default and thereafter render 3ud&$ent "arrin& hi$ fro$ any clai$ in res!ect to the su"3ect $atter. and for a declaration of his ri&hts or duties. the court shall !roceed to deter$ine their res!ecti*e ri&hts and ad3udicate their se*eral clai$s. ordinance. 7. 8hene*er conflictin& clai$s u!on the sa$e su"3ect $atter are or $ay "e $ade a&ainst a !erson who clai$s no interest whate*er in the su"3ect $atter. he $ay "rin& an action a&ainst the conflictin& clai$ants to co$!el the$ to inter!lead and liti&ate their se*eral clai$s a$on& the$sel*es. Su++ons.days in any e*ent. Sec. Sec. 2. to&ether with a co!y of the co$!laint and order. Sec. /f any clai$ant fails to !lead within the ti$e herein fi2ed. 'fter the !leadin&s of the conflictin& clai$ants ha*e "een filed. . :!on the filin& of the co$!laint.days fro$ ser*ice of the su$$ons u!on hi$. . reckoned fro$ notice of denial. ser*in& a co!y thereof u!on each of the other conflictin& clai$ants who $ay file their re!ly thereto as !ro*ided "y these 1ules.Page 81 of 99 RULE . -oc?et n( othe! l wful fees= costs n( liti& tion e8"enses s liens. RULE . "ut which shall not "e less than fi*e . 6ach clai$ant shall file his answer settin& forth his clai$ within fifteen . the court shall issue an order re<uirin& the conflictin& clai$ants to inter!lead with one another. as well as the costs and liti&ation e2!enses. 8ithin the ti$e for filin& an answer. thereunder. -ete!+in tion. whose ri&hts are affected "y a statute. 9ho + 2 file "etition. and !re5trial has "een conducted in accordance with the 1ules. the court $ay..$ -E%LARATOR.2 INTERPLEA-ER Section 1. 9hen inte!"le (e! "!o"e!. Sec.

to <uiet title to real !ro!erty or re$o*e clouds therefro$.. $ay refuse to e2ercise the !ower to declare ri&hts and to construe instru$ents in any case where a decision would not ter$inate the uncertainty or contro*ersy which &a*e rise to the action. Sec.+. $otu !ro!rio or u!on $otion. $ay "e "rou&ht under this 1ule. the #olicitor >eneral shall "e notified "y the !arty assailin& the sa$e and shall "e entitled to "e heard u!on such <uestion. 2. or any other &o*ern$ental re&ulation should take !lace. Sco"e. Notice on Solicito! Gene! l. $. e2ce!t as otherwise !ro*ided in these 1ules. Sec. Sec. ordinance. /f "efore the final ter$ination of the case. reckoned fro$ notice of denial. e2ecuti*e order or re&ulation. Loc l &o'e!n+ent o!(in nces. or in any case where the declaration or construction is not necessary and !ro!er under the circu$stances.T. 0. e2ecuti*e order or re&ulation. Sec. $. %on'e!sion into o!(in !2 ction. the a&&rie*ed !arty $ay file the !etition within the re$ainin& !eriod. !re3udice the ri&hts of !ersons not !arties to the action.Page 82 of 99 'n action for the refor$ation of an instru$ent. 4o(e of !e'iew.1INAL OR-ERS OR RESOLUTIONS O1 T. *. . Sec. The filin& of a $otion for new trial or reconsideration of said 3ud&$ent or final order or resolution. /f the $otion is denied. or to consolidate ownershi! under 'rticle 1D07 of the %i*il %ode. Sec. The !etition shall "e filed within thirty . the #olicitor >eneral shall also "e notified and entitled to "e heard. /n any action which in*ol*es the *alidity of a statute. shall interru!t the !eriod herein fi2ed. /f such ordinance is alle&ed to "e unconstitutional. %ou!t ction (isc!etion !2. Sec.days in any e*ent. This 1ule shall &o*ern the re*iew of 3ud&$ents and final orders or resolutions of the %o$$ission on 6lections and the %o$$ission on 'udit. 62ce!t in actions fallin& under the second !ara&ra!h of section 1 of this 1ule. e2ce!t as hereinafter !ro*ided. the action $ay thereu!on "e con*erted into an ordinary action. or any other &o*ern$ental re&ulation.E %O44ISSION ON AU-IT Section 1. 2. ' 3ud&$ent or final order or resolution of the %o$$ission on 6lections and the %o$$ission on 'udit $ay "e "rou&ht "y the a&&rie*ed !arty to the #u!re$e %ourt on certiorari under 1ule D+. "ut which shall not "e less than fi*e . 'll !ersons who ha*e or clai$ any interest which would "e affected "y the declaration shall "e $ade !arties7 and no declaration shall. and the !arties shall "e allowed to file such !leadin&s as $ay "e necessary or !ro!er.) REVIE9 O1 >U-G4ENTS AN. .days fro$ notice of the 3ud&$ent or final order or resolution sou&ht to "e re*iewed.E %O44ISSION ON ELE%TIONS AN. the court. ). P !ties. if allowed under the !rocedural rules of the %o$$ission concerned. RULE . Ti+e to file "etition. /n any action in*ol*in& the *alidity of a local &o*ern$ent ordinance. the corres!ondin& !rosecutor or attorney of the local &o*ern$ental unit in*ol*ed shall "e si$ilarly notified and entitled to "e heard. a "reach or *iolation of an instru$ent or a statute.

The co$$ents of the res!ondents shall "e filed in ei&hteen . ). it shall order the res!ondents to file their co$$ents on the !etition within ten . . 1o!+ n( contents of "etition. 7. No other !leadin& $ay "e filed "y any !arty unless re<uired or allowed "y the %ourt. final order or resolution.Page 83 of 99 Sec. or re<uires the !arties to su"$it $e$oranda. the !etitioner shall !ay to the clerk of court the docket and other lawful fees and de!osit the a$ount of )+00. /f the #u!re$e %ourt finds the !etition sufficient in for$ and su"stance. The !etition shall na$e the a&&rie*ed !arty as !etitioner and shall 3oin as res!ondents the %o$$ission concerned and the !erson or !ersons interested in sustainin& the 3ud&$ent. 9. The !etition shall state the s!ecific $aterial dates showin& that it was filed within the !eriod fi2ed herein. and !ray for 3ud&$ent annullin& or $odifyin& the <uestioned 3ud&$ent. set forth the &rounds and "rief ar&u$ents relied u!on for re*iew. -oc?et n( othe! l wful fees. the case shall "e dee$ed su"$itted for decision u!on the filin& of the co$$ents on the !etition. The re<uisite nu$"er of co!ies of the co$$ents shall contain !lain co!ies of all docu$ents attached to the ori&inal and a co!y thereof shall "e ser*ed on the !etitioner. =indin&s of fact of the %o$$ission su!!orted "y su"stantial e*idence shall "e final and non5 re*iewa"le. Sec. unless the #u!re$e %ourt shall direct otherwise u!on such ter$s as it $ay dee$ 3ust. or the <uestions raised are too unsu"stantial to warrant further !roceedin&s. %o++ents of !es"on(ents. Sec. The !etition shall "e acco$!anied "y a clearly le&i"le du!licate ori&inal or certified true co!y of the 3ud&$ent. :!on the filin& of the !etition. #ec. final order or resolution su"3ect thereof. the %ourt $ay dis$iss the !etition outri&ht. O!(e! to co++ent. The filin& of a !etition for certiorari shall not stay the e2ecution of the 3ud&$ent or final order or resolution sou&ht to "e re*iewed. !resent clearly the issues in*ol*ed.10. .00 for costs. or the e2!iration of the !eriod to do so. The failure of !etitioner to co$!ly with any of the fore&oin& re<uire$ents shall "e sufficient &round for the dis$issal of the !etition. *. to&ether with certified true co!ies of such $aterial !ortions of the record as are referred to therein and other docu$ents rele*ant and !ertinent thereto. #u"$ission for decision. or of such other !leadin&s or !a!ers as $ay "e re<uired or allowed. The ori&inal shall "e acco$!anied "y certified true co!ies of such $aterial !ortions of the record as are referred to therein to&ether with other su!!ortin& !a!ers. The re<uisite nu$"er of co!ies of the !etition shall contain !lain co!ies of all docu$ents attached to the ori&inal co!y of said !etition.days fro$ notice thereof7 otherwise. :nless the %ourt sets the case for oral ar&u$ent.le&i"le co!ies. final order or resolution a <uo. The !etition shall state the facts with certainty. 3. and shall contain a sworn certification a&ainst foru$ sho!!in& as !ro*ided in the third !ara&ra!h of section . and of the ti$ely !ay$ent of docket and other lawful fees. 1ule CD. The !etition shall further "e acco$!anied "y !roof of ser*ice of a co!y thereof on the %o$$ission concerned and on the ad*erse !arty. Sec. The %ourt $ay also dis$iss the !etition if it was filed $anifestly for delay. The !etition shall "e *erified and filed in ei&hteen .le&i"le co!ies. Sec. Effect of filin&..18.18.

Petition fo! ce!tio! !i. /t $ay also "e filed in the %ourt of '!!eals whether or not the sa$e is in aid of its a!!ellate 3urisdiction. and to !ay the da$a&es sustained "y the !etitioner "y reason of the wron&ful acts of the res!ondent. Petition fo! + n( +us. officer or !erson unlawfully ne&lects the !erfor$ance of an act which the law s!ecifically en3oins as a duty resultin& fro$ an office. Sec. and ade<uate re$edy in the ordinary course of law. "oard or officer. alle&in& the facts with certainty and !rayin& that 3ud&$ent "e rendered co$$andin& the res!ondent. "oard. Sec. <uasi53udicial or $inisterial functions. order or resolution su"3ect thereof. order or resolution su"3ect thereof. and unless otherwise !ro*ided "y law or these 1ules. the !etition shall "e filed in and co&ni4a"le only "y the %ourt of '!!eals. or in the #andi&an"ayan if it is in aid of its 3urisdiction. and there is no other !lain. /f it in*ol*es the acts or o$issions of a <uasi53udicial a&ency.D0. The !etition shall also contain a sworn certification of non5foru$ sho!!in& as !ro*ided in the third !ara&ra!h of section . $. s!eedy. co!ies of all !leadin&s and docu$ents rele*ant and !ertinent thereto. or unlawfully e2cludes another fro$ the use and en3oy$ent of a ri&ht or office to which such other is entitled. *. Sec. officer or !erson.4AN-A4US Section 1. if it relates to the acts or o$issions of a lower court or of a cor!oration. to do the act re<uired to "e done to !rotect the ri&hts of the !etitioner. officer or !erson. cor!oration. the !erson or !ersons interested in sustainin& the !roceedin&s in the court7 and it shall "e the duty of such !ri*ate . order or resolution sou&ht to "e assailed in the #u!re$e %ourt or. or any !lain. 2. or with &ra*e a"use of discretion a$ountin& to lack or e2cess of 3urisdiction. the !erson a&&rie*ed there"y $ay file a *erified !etition in the !ro!er court. The !etition shall "e acco$!anied "y a certified true co!y of the 3ud&$ent. alle&in& the facts with certainty and !rayin& that 3ud&$ent "e rendered annullin& or $odifyin& the !roceedin&s of such tri"unal. or otherwise &rantin& such incidental reliefs as law and 3ustice $ay re<uire. cor!oration. whether e2ercisin& 3udicial. or with &ra*e a"use of discretion a$ountin& to lack or e2cess of 3urisdiction.I<ITION AN. Sec. s!eedy. "oard or officer e2ercisin& 3udicial or <uasi53udicial functions has acted without or in e2cess of its or his 3urisdiction. "oard. and there is no a!!eal. court. i$$ediately or at so$e other ti$e to "e s!ecified "y the court. The !etition $ay "e filed not later than si2ty . a !erson a&&rie*ed there"y $ay file a *erified !etition in the !ro!er court.* %ERTIORARI= PRO. and a sworn certification of non5foru$ sho!!in& as !ro*ided in the third !ara&ra!h of section . a !erson a&&rie*ed there"y $ay file a *erified !etition in the !ro!er court. The !etition shall likewise "e acco$!anied "y a certified true co!y of the 3ud&$ent. alle&in& the facts with certainty and !rayin& that 3ud&$ent "e rendered co$$andin& the res!ondent to desist fro$ further !roceedin&s in the action or $atter s!ecified therein. 1ule CD.days fro$ notice of the 3ud&$ent. 8hen the !etition filed relates to the acts or o$issions of a 3ud&e. and there is no a!!eal or any other !lain. 1ule CD. <uasi53udicial a&ency. trust. and &rantin& such incidental reliefs as law and 3ustice $ay re<uire. 8hen the !roceedin&s of any tri"unal. Petition fo! "!ohi#ition. s!eedy and ade<uate re$edy in the ordinary course of law. in the 1e&ional Trial %ourt e2ercisin& 3urisdiction o*er the territorial area as defined "y the #u!re$e %ourt. 1ule CD. the !etitioner shall 3oin. "oard. and a sworn certification of non5foru$ sho!!in& as !ro*ided in the third !ara&ra!h of section . officer or !erson. co!ies of all !leadin&s and docu$ents rele*ant and !ertinent thereto. 9he!e "etition file(. and ade<uate re$edy in the ordinary course of law. as !ri*ate res!ondent or res!ondents with such !u"lic res!ondent or res!ondents. are without or in e2cess of its or his 3urisdiction. "oard. tri"unal. Res"on(ents n( costs in ce!t in c ses. or station.Page 84 of 99 RULE . 8hen any tri"unal. cor!oration. 8hen any tri"unal. ).

to&ether with a co!y of the !etition and any anne2es thereto. "oard. the court shall issue an order re<uirin& the res!ondent or res!ondents to co$$ent on the !etition within ten . !osition or franchise7 . Action #2 Go'e!n+ent & inst in(i'i(u ls. ' certified co!y of the 3ud&$ent rendered in accordance with the last !recedin& section shall "e ser*ed u!on the court.10. RULE . 5.a. !osition or franchise $ay "e co$$enced "y a *erified !etition "rou&ht in the na$e of the 1e!u"lic of the )hili!!ines a&ainst0 . and not a $otion to dis$iss. the !etition. DUO 9ARRANTO Section 1. /n !etitions for certiorari "efore the #u!re$e %ourt and the %ourt of '!!eals.days fro$ recei!t of a co!y thereof.owe*er. shall "e o"ser*ed. $ay dis$iss the !etition if it finds the sa$e to "e !atently without $erit. cor!oration. <uasi5 3udicial a&ency. court.' !erson who usur!s. #uch order shall "e ser*ed on the res!ondents in such $anner as the court $ay direct. /f the !etition is sufficient in for$ and su"stance to 3ustify such !rocess. Se!'ice n( enfo!ce+ent of o!(e! o! 7u(&+ent. . or unlawfully holds or e2ercises a !u"lic office.. 7. P!ocee(in&s fte! co++ent is file(. 3. /f the case is ele*ated to a hi&her court "y either !arty. Thereafter. officer or !erson concerned in such $anner as the court $ay direct. the court $ay hear the case or re<uire the !arties to su"$it $e$oranda. 1ule +D. and the costs awarded in such !roceedin&s in fa*or of the !etitioner shall "e a&ainst the !ri*ate res!ondents only. the !ro*isions of section B. tri"unal. intrudes into. the court $ay re<uire the res!ondents to file their co$$ent to. <uasi53udicial a&ency. and diso"edience thereto shall "e !unished as conte$!t. cor!oration. The court. or the ti$e for the filin& thereof has e2!ired. and it $ay also &rant a te$!orary restrainin& order or a writ of !reli$inary in3unction for the !reser*ation of the ri&hts of the !arties !endin& such !roceedin&s. unless otherwise s!ecifically directed "y the court. officer or !erson i$!leaded as !u"lic res!ondent or res!ondents. howe*er. the court $ay re<uire the filin& of a re!ly and such other res!onsi*e or other !leadin&s as it $ay dee$ necessary and !ro!er. "oth in his or their own "ehalf and in "ehalf of the !u"lic res!ondent or res!ondents affected "y the !roceedin&s. Sec. it shall render 3ud&$ent for the relief !rayed for or to which the !etitioner is entitled. 'n action for the usur!ation of a !u"lic office. the !u"lic res!ondents shall "e included therein as no$inal !arties. 'n e2ecution $ay issue for any da$a&es or costs awarded in accordance with section 1 of 1ule 9. Sec. Before &i*in& due course thereto. O!(e! to co++ent. or that the <uestions raised therein are too unsu"stantial to re<uire consideration.. 'fter the co$$ent or other !leadin&s re<uired "y the court are filed. tri"unal. and not a&ainst the 3ud&e. the !u"lic res!ondents shall not a!!ear in or file an answer or co$$ent to the !etition or any !leadin& therein. The court in which the !etition is filed $ay issue orders e2!editin& the !roceedin&s. E8"e(itin& "!ocee(in&sA in7uncti'e !elief. Sec. The !etition shall not interru!t the course of the !rinci!al case unless a te$!orary restrainin& order or a writ of !reli$inary in3unction has "een issued a&ainst the !u"lic res!ondent fro$ further !roceedin& in the case. /f after such hearin& or su"$ission of $e$oranda or the e2!iration of the !eriod for the filin& thereof the court finds that the alle&ations of the !etition are true. they shall not a!!ear or !artici!ate in the !roceedin&s therein. . Sec. !rosecuted $anifestly for delay. :nless otherwise s!ecifically directed "y the court where the !etition is !endin&. "oard.Page 85 of 99 res!ondents to a!!ear and defend.

9hen Solicito! Gene! l o! "u#lic "!osecuto! + 2 co++ence ction with "e!+ission of cou!t. in the %ourt of '!!eals.. #uch action $ay "e &i*en !recedence o*er any other ci*il $atter !endin& in the court. 8hen the res!ondent is found &uilty of usur!in&. 'll !ersons who clai$ to "e entitled to the !u"lic office. Sec. ). constitutes a &round for the forfeiture of his office7 or . Venue. :!on a!!lication for !er$ission to co$$ence such action in accordance with the ne2t !recedin& section.' !u"lic officer who does or suffers an act which. 3ud&$ent shall "e rendered that such res!ondent "e ousted and alto&ether e2cluded therefro$. and that the . when directed "y the )resident of the )hili!!ines. 'n action under the !recedin& si2 sections can "e "rou&ht only in the #u!re$e %ourt. or when u!on co$!laint or otherwise he has &ood reason to "elie*e that any case s!ecified in the !recedin& section can "e esta"lished "y !roof. Sec. !osition or franchise. Sec. if any. the %ourt of '!!eals. 3. $ust co$$ence such action. with the !er$ission of the court in which the action is to "e co$$enced. !osition or franchise deter$ined.'n association which acts as a cor!oration within the )hili!!ines without "ein& le&ally incor!orated or without lawful authority so to act. 7. The court $ay reduce the !eriod !ro*ided "y these 1ules for filin& !leadin&s and for all other !roceedin&s in the action in order to secure the $ost e2!editious deter$ination of the $atters in*ol*ed therein consistent with the ri&hts of the !arties. Pe!io( fo! "le (in&s n( "!ocee(in&s + 2 #e !e(uce(A ction &i'en "!ece(ence. !osition or franchise $ay "e $ade !arties. Sec. and their res!ecti*e ri&hts to such !u"lic office. 9hen n in(i'i(u l + 2 co++ence such n ction. 9hen Solicito! Gene! l o! "u#lic "!osecuto! +ust co++ence ction. Sec. Sec. co!ies of which shall "e ser*ed on all interested !arties. 5. the court shall issue an order to that effect. P !ties n( contents of "etition & inst usu!" tion. The #olicitor >eneral or a !u"lic !rosecutor $ay. *. the !etition shall set forth the na$e of the !erson who clai$s to "e entitled thereto.Page 86 of 99 . "ut when the #olicitor >eneral co$$ences the action. it $ay "e "rou&ht in a 1e&ional Trial %ourt in the %ity of Manila. 8hen the action is a&ainst a !erson for usur!in& a !u"lic office. 9hen he !in& h ( on ""lic tion fo! "e!+ission to co++ence ction. . Sec. or in the 1e&ional Trial %ourt e2ercisin& 3urisdiction o*er the territorial area where the res!ondent or any of the res!ondents resides. "rin& such an action at the re<uest and u!on the relation of another !erson7 "ut in such case the officer "rin&in& it $ay first re<uire an inde$nity for the e2!enses and costs of the action in an a$ount a!!ro*ed "y and to "e de!osited in the court "y the !erson at whose re<uest and u!on whose relation the sa$e is "rou&ht. the court shall direct that notice "e &i*en to the res!ondent so that he $ay "e heard in o!!osition thereto7 and if !er$ission is &ranted. with an a*er$ent of his ri&ht to the sa$e and that the res!ondent is unlawfully in !ossession thereof.c. Sec. 2. $. >u(&+ent whe!e usu!" tion foun(. in the sa$e action. and the !etition shall then "e filed within the !eriod ordered "y the court. intrudin& into. or in the #u!re$e %ourt. ' !erson clai$in& to "e entitled to a !u"lic office or !osition usur!ed or unlawfully held or e2ercised "y another $ay "rin& an action therefor in his own na$e. or unlawfully holdin& or e2ercisin& a !u"lic office.". "y the !ro*ision of law. The #olicitor >eneral or a !u"lic !rosecutor. !osition or franchise.

!osition or franchise of all the !arties to the action as 3ustice re<uires. althou&h occu!ied "y !ri*ate indi*iduals. or $ay a!!ortion the costs. Nothin& contained in this 1ule shall "e construed to authori4e an action a&ainst a !u"lic officer or e$!loyee for his ouster fro$ office unless the sa$e "e co$$enced within one . or the !erson or !ersons clai$in& to "e a cor!oration. Sec. /f the res!ondent refuses or ne&lects to deli*er any "ook or !a!er !ursuant to such de$and. the court $ay render 3ud&$ent for costs a&ainst either the !etitioner. :!on the filin& of the co$!laint or at any ti$e thereafter and after due notice to the defendant. descri"e the real or !ersonal !ro!erty sou&ht to "e e2!ro!riated. /n an action "rou&ht in accordance with the !ro*isions of this 1ule. he $ay "e !unished for conte$!t as ha*in& diso"eyed a lawful order of the court. Sec.year after the cause of such ouster. Sec. 11. the !laintiff shall ha*e the ri&ht to take or enter u!on the !ossession of the real !ro!erty in*ol*ed if he de!osits with the authori4ed &o*ern$ent de!ositary an a$ount e<ui*alent to the assessed *alue of the !ro!erty for !ur!oses of ta2ation to "e held "y such "ank su"3ect to the orders of the court. RULE . arose7 nor to authori4e an action for da$a&es in accordance with the !ro*isions of the ne2t !recedin& section unless the sa$e "e co$$enced within one . or occu!yin&. Sec. the se!arate interest of each defendant. a*er$ent to that effect shall "e $ade in the co$!laint. #uch de!osit shall "e in $oney. The ri&ht of e$inent do$ain shall "e e2ercised "y the filin& of a *erified co$!laint which shall state with certainty the ri&ht and !ur!ose of e2!ro!riation. 12. The co+"l int. The !erson ad3ud&ed entitled to the office $ay also "rin& action a&ainst the res!ondent to reco*er the da$a&es sustained "y such !erson "y reason of the usur!ation. . its *alue shall "e !ro*isionally ascertained and the a$ount to "e de!osited shall "e !ro$!tly fi2ed "y the court. unless in lieu thereof the court authori4es the de!osit of a certificate of de!osit of a &o*ern$ent "ank of the 1e!u"lic of the )hili!!ines !aya"le on de$and to the authori4ed &o*ern$ent de!ositary. 2. >u(&+ent fo! costs. the relator. Ent!2 of "l intiff u"on (e"ositin& ' lue with utho!iFe( &o'e!n+ent (e"osit !2. and $ay i$$ediately thereafter de$and of the res!ondent all the "ooks and !a!ers in the res!ondentGs custody or control a!!ertainin& to the office to which the 3ud&$ent relates. reco*er his costs. 'fter such de!osit is $ade the court shall order the sheriff or other !ro!er officer to forthwith !lace the !laintiff in !ossession of the !ro!erty in*ol*ed and !ro$!tly su"$it a re!ort thereof to the court with ser*ice of co!ies to the !arties. showin&. after takin& the oath of office and e2ecutin& any official "ond re<uired "y law. Ri&hts of "e!sons (7u(&e( entitle( to "u#lic officeA (eli'e!2 of #oo?s n( " "e!sA ( + &es. Li+it tions. as 3ustice re<uires. as the case $ay "e.7 EBPROPRIATION Section 1. Sec. so far as !ractica"le. any !art thereof or interest therein. /f !ersonal !ro!erty is in*ol*ed. /f 3ud&$ent "e rendered in fa*or of the !erson a*erred in the co$!laint to "e entitled to the !u"lic office he $ay.1. $. and 3oin as defendants all !ersons ownin& or clai$in& to own. 1:. #uch further 3ud&$ent $ay "e rendered deter$inin& the res!ecti*e ri&hts in and to the !u"lic office. -efenses n( o#7ections. or if the title is otherwise o"scure or dou"tful so that the !laintiff cannot with accuracy or certainty s!ecify who are the real owners.1. or the ri&ht of the !etitioner to hold such office or !osition.Page 87 of 99 !etitioner or relator. or the res!ondent. take u!on hi$self the e2ecution of the office. /f the title to any !ro!erty sou&ht to "e e2!ro!riated a!!ears to "e in the 1e!u"lic of the )hili!!ines.year after the entry of the 3ud&$ent esta"lishin& the !etitionerGs ri&ht to the office in <uestion.

days fro$ ser*ice. and shall "e resol*ed within thirty . $ay !er$it a$end$ents to the answer to "e $ade not later than ten . howe*er. ). he $ay file and ser*e a notice of a!!earance and a $anifestation to that effect. *. /f a defendant has any o"3ection to the filin& of or the alle&ations in the co$!laint. and $ay $easure the sa$e. the o!eration of its franchise "y the cor!oration or the carryin& on of the "usiness of the cor!oration or !erson takin& the !ro!erty. The answer shall s!ecifically desi&nate or identify the !ro!erty in which he clai$s to ha*e an interest. Sec.10. The order of a!!oint$ent shall desi&nate the ti$e and !lace of the first session of the hearin& to "e held "y the co$$issioners and s!ecify the ti$e within which their re!ort shall "e su"$itted to the court. No counterclai$. unless the !arties consent to the contrary. Sec. he $ay !resent e*idence as to the a$ount of the co$!ensation to "e !aid for his !ro!erty. u!on the !ay$ent of 3ust co$!ensation to "e deter$ined as of the date of the takin& of the !ro!erty or the filin& of the co$!laint. and he $ay share in the distri"ution of the award. shall not !re*ent the court fro$ deter$inin& the 3ust co$!ensation to "e !aid. within the ti$e stated in the su$$ons. . after which either !arty $ay.co$!etent and disinterested !ersons as co$$issioners to ascertain and re!ort to the court the 3ust co$!ensation for the !ro!erty sou&ht to "e taken. for the !u"lic use or !ur!ose descri"ed in the co$!laint. which oath shall "e filed in court with the other !roceedin&s in the case. state the nature and e2tent of the interest clai$ed. /f the o"3ections to and the defenses a&ainst the ri&ht of the !laintiff to e2!ro!riate the !ro!erty are o*erruled.days after all the co$$issioners shall ha*e recei*ed co!ies of the o"3ections. ar&ue the case. at the trial of the issue of 3ust co$!ensation. cross5clai$ or third5!arty co$!laint shall "e alle&ed or allowed in the answer or any su"se<uent !leadin&. 9"3ections to the a!!oint$ent of any of the co$$issioners shall "e filed with the court within ten . the court $ay issue an order of e2!ro!riation declarin& that the !laintiff has a lawful ri&ht to take the !ro!erty sou&ht to "e e2!ro!riated. s!ecifically desi&natin& or identifyin& the !ro!erty in which he clai$s to "e interested. . #uch a!!eal. in the interest of 3ustice. he shall ser*e his answer within the ti$e stated in the su$$ons. after due notice to the !arties to attend. or the owner "e de!ri*ed of the actual *alue of his !ro!erty so taken. Before enterin& u!on the !erfor$ance of their duties. and the co$$issioners shall. Asce!t in+ent of co+"ens tion. . or any o"3ection or defense to the takin& of his !ro!erty. . 6*idence $ay "e introduced "y either !arty "efore the co$$issioners who are authori4ed to ad$inister oaths on hearin&s "efore the$.days fro$ the filin& thereof.. But in no case shall the conse<uential "enefits assessed e2ceed the conse<uential da$a&es assessed. *iew and e2a$ine the !ro!erty sou&ht to "e e2!ro!riated and its surroundin&s. 'fter the rendition of such an order. "y hi$self or counsel. 0. P!ocee(in&s #2 co++issione!s. O!(e! of e8"!o"!i tion. or when no !arty a!!ears to defend as re<uired "y this 1ule. :!on the rendition of the order of e2!ro!riation.Page 88 of 99 /f a defendant has no o"3ection or defense to the action or the takin& of his !ro!erty. The co$$issioners shall assess the conse<uential da$a&es to the !ro!erty not taken and deduct fro$ such conse<uential da$a&es the conse<uential "enefits to "e deri*ed "y the owner fro$ the !u"lic use or !ur!ose of the !ro!erty taken. ' defendant wai*es all defenses and o"3ections not so alle&ed "ut the court. whether or not a defendant has !re*iously a!!eared or answered. the co$$issioners shall take and su"scri"e an oath that they will faithfully !erfor$ their duties as co$$issioners. whiche*er ca$e first.10. %o!ies of the order shall "e ser*ed on the !arties. Thereafter.owe*er. the court shall a!!oint not $ore than three . ' final order sustainin& the ri&ht to e2!ro!riate the !ro!erty $ay "e a!!ealed "y any !arty a&&rie*ed there"y. and adduce all his o"3ections and defenses to the takin& of his !ro!erty. the !laintiff shall not "e !er$itted to dis$iss or discontinue the !roceedin& e2ce!t on such ter$s as the court dee$s 3ust and e<uita"le. Sec. he shall "e entitled to notice of all !roceedin&s affectin& the sa$e.

and $ay fro$ ti$e to ti$e so deal with such !ro!erty. the court $ay. Sec. or retain it for the !u"lic use or !ur!ose if entry has already "een $ade. the sa$e shall "e ordered to "e de!osited in court and such de!osit shall ha*e the sa$e effect as actual !ay$ent thereof to the defendant or the !erson ulti$ately ad3ud&ed entitled thereto. 1:. or after tender to hi$ of the a$ount so fi2ed and !ay$ent of the costs. the court $ay order any su$ or su$s awarded as co$!ensation for the !ro!erty to "e !aid to the court for the "enefit of the !erson ad3ud&ed in the sa$e !roceedin& to "e entitled thereto. :!on the e2!iration of the !eriod of ten . %osts= #2 who+ " i(. 1$. :!on the filin& of such re!ort. if they so desire. 62ce!t as otherwise e2!ressly ordered "y the court. the !laintiff shall ha*e the ri&ht to enter u!on the !ro!erty e2!ro!riated and to a!!ro!riate it for the !u"lic use or !ur!ose defined in the 3ud&$ent.days referred to in the !recedin& section. 3ud&$ent shall "e rendered orderin& the 1e&ional Trial %ourt to forthwith enforce the restoration to the defendant of the !ossession of the !ro!erty.10days within which to file o"3ections to the findin&s of the re!ort. or e*en "efore the e2!iration of such !eriod "ut after all the interested !arties ha*e filed their o"3ections to the re!ort or their state$ent of a&ree$ent therewith.D0. which ti$e $ay "e e2tended in the discretion of the court. in which e*ent the costs of the a!!eal shall "e !aid "y the owner. or to retain it should he ha*e taken i$$ediate !ossession thereof under the !ro*isions of section B hereof. and $ay render 3ud&$ent u!on such !artial re!ort. such re!ort shall "e filed within si2ty . or decline to recei*e the a$ount tendered. 'll costs. Reco!(in& 7u(&+ent= n( its effect. Ent!2 not (el 2e( #2 ""e lA effect of !e'e!s l. it $ay reco$$it the sa$e to the co$$issioners for further re!ort of facts7 or it $ay set aside the re!ort and a!!oint new co$$issioners7 or it $ay acce!t the re!ort in !art and re3ect it in !art7 and it $ay $ake such order or render such 3ud&$ent as shall secure to the !laintiff the !ro!erty essential to the e2ercise of his ri&ht of e2!ro!riation. Sec. . The co$$issioners shall $ake a full and accurate re!ort to the court of all their !roceedin&s. after hearin&. Re"o!t #2 co++issione!s n( 7u(&+ent the!eu"on.days fro$ the date the co$$issioners were notified of their a!!oint$ent. /f the defendant and his counsel a"sent the$sel*es fro$ the court. or there are conflictin& clai$s to any !art thereof. Action u"on co++issione!sE !e"o!t. But if the a!!ellate court deter$ines that !laintiff has no ri&ht of e2!ro!riation. 7. with notice that they are allowed ten . and to the defendant 3ust co$!ensation for the !ro!erty so taken. The ri&ht of the !laintiff to enter u!on the !ro!erty of the defendant and a!!ro!riate the sa$e for !u"lic use or !ur!ose shall not "e delayed "y an a!!eal fro$ the 3ud&$ent. Sec. Sec. Unce!t in owne!shi"A conflictin& cl i+s. Sec. 5. 12. The court $ay order the co$$issioners to re!ort when any !articular !ortion of the real estate shall ha*e "een !assed u!on "y the$. unless an a!!eal is taken "y the owner of the !ro!erty and the 3ud&$ent is affir$ed. But the 3ud&$ent shall re<uire the !ay$ent of the su$ or su$s awarded to either the defendant or the court "efore the !laintiff can enter u!on the !ro!erty. for cause shown. with le&al interest thereon fro$ the takin& of the !ossession of the !ro!erty.Page 89 of 99 Sec. e2ce!t those of ri*al clai$ants liti&atin& their clai$s. The fees of the co$$issioners shall "e ta2ed as a !art of the costs of the !roceedin&s. and to deter$ine the da$a&es which the defendant sustained and $ay reco*er "y reason of the !ossession taken "y the !laintiff. the clerk of the court shall ser*e co!ies thereof on all interested !arties. and such !roceedin&s shall not "e effectual until the court shall ha*e acce!ted their re!ort and rendered 3ud&$ent in accordance with their reco$$endations.10. Sec. acce!t the re!ort and render 3ud&$ent in accordance therewith7 or. Ri&hts of "l intiff fte! 7u(&+ent n( " 2+ent. and direct the co$$issioners to !roceed with their work as to su"se<uent !ortions of the !ro!erty sou&ht to "e e2!ro!riated. 3. :!on !ay$ent "y the !laintiff to the defendant of the co$!ensation fi2ed "y the 3ud&$ent. /f the ownershi! of the !ro!erty taken is uncertain. 11. shall "e !aid "y the !laintiff.

/n an action for the foreclosure of a $ort&a&e or other encu$"rance u!on real estate. and costs. su"3ect to such ri&hts of rede$!tion as $ay "e allowed "y law.days fro$ the entry of 3ud&$ent. $. to "e ascertained "y the court. fails to !ay the a$ount of the 3ud&$ent within the !eriod s!ecified therein. "y an ade<uate descri!tion. shall "e entitled to the !ossession of the !ro!erty unless a third !arty is actually holdin& the sa$e ad*ersely to the 3ud&$ent o"li&or. 8hen the defendant. with the a!!ro*al of the court first had. :!on the finality of the order of confir$ation or u!on the e2!iration of the !eriod of rede$!tion when allowed "y law. if any7 the na$es and residences of the $ort&a&or and the $ort&a&ee7 a descri!tion of the $ort&a&ed !ro!erty7 a state$ent of the date of the note or other docu$entary e*idence of the o"li&ation secured "y the $ort&a&e. >u(&+ent on fo!eclosu!e fo! " 2+ent o! s le. the a$ount clai$ed to "e un!aid thereon7 and the na$es and residences of all !ersons ha*in& or clai$in& an interest in the !ro!erty su"ordinate in ri&ht to that of the holder of the $ort&a&e. also u!on $otion. Powe! of &u !(i n in such "!ocee(in&s. the !urchaser at the auction sale or last rede$!tioner. or thin& res!ectin& the e2!ro!riation for !u"lic use or !ur!ose of !ro!erty "elon&in& to such $inor or !erson 3udicially declared to "e inco$!etent. a certified co!y of such 3ud&$ent shall "e recorded in the re&istry of deeds of the !lace in which the !ro!erty is situated. it shall ascertain the a$ount due to the !laintiff u!on the $ort&a&e de"t or o"li&ation. or if there "e no such encu$"rancers or there "e a "alance or residue after !ay$ent to the$. #uch sale shall not affect the ri&hts of !ersons holdin& !rior encu$"rances u!on the !ro!erty or a !art thereof. Sec. 8hen real estate is e2!ro!riated. it shall o!erate to di*est the ri&hts in the !ro!erty of all the !arties to the action and to *est their ri&hts in the !urchaser. 1). and that in default of such !ay$ent the !ro!erty shall "e sold at !u"lic auction to satisfy the 3ud&$ent. do and !erfor$ on "ehalf of his ward any act. u!on $otion.3 1ORE%LOSURE O1 REAL ESTATE 4ORTGAGE Section 1. after "ein& directed to do so as !ro*ided in the ne2t !recedin& section. "e !aid to the !erson foreclosin& the $ort&a&e.Page 90 of 99 The 3ud&$ent entered in e2!ro!riation !roceedin&s shall state definitely. ). after deductin& the costs of the sale. The said !urchaser or last rede$!tioner $ay secure a writ of !ossession. then to the $ort&a&or or his duly authori4ed a&ent. all of who$ shall "e $ade defendants in the action. The a$ount reali4ed fro$ the foreclosure sale of the $ort&a&ed !ro!erty shall. . and when there shall "e any "alance or residue. which such $inor or !erson 3udicially declared to "e inco$!etent could do in such !roceedin&s if he were of a&e or co$!etent. 2. %o+"l int in ction fo! fo!eclosu!e. Sec. after !ayin& off the $ort&a&e de"t due. /f u!on the trial in such action the court shall find the facts set forth in the co$!laint to "e true. if any. Sec. shall order the !ro!erty to "e sold in the $anner and under the !ro*isions of 1ule 9 and other re&ulations &o*ernin& sales of real estate under e2ecution. or to the !erson entitled to it. and its effect shall "e to *est in the !laintiff the title to the real estate so descri"ed for such !u"lic use or !ur!ose. RULE .1B0. S le of +o!t& &e( "!o"e!t2A effect. and the nature of the !u"lic use or !ur!ose for which it is e2!ro!riated.days nor $ore than one hundred twenty . and shall render 3ud&$ent for the su$ so found due and order that the sa$e "e !aid to the court or to the 3ud&$ent o"li&ee within a !eriod of not less than ninety . $atter. the court. The &uardian or &uardian ad lite$ of a $inor or of a !erson 3udicially declared to "e inco$!etent $ay. the sa$e shall "e !aid to 3unior encu$"rancers in the order of their !riority. includin& interest and other char&es as a!!ro*ed "y the court. the co$!laint shall set forth the date and due e2ecution of the $ort&a&e7 its assi&n$ents. Sec.90. u!on $otion. fro$ the court which ordered the foreclosure. and when confir$ed "y an order of the court. -is"osition of "!ocee(s of s le. the !articular !ro!erty or interest therein e2!ro!riated.

and the court shall confir$ the !artition so a&reed u!on "y all the !arties. shall "e recorded in the re&istry of deeds of the !lace in which the !ro!erty is situated. as soon as a sufficient !ortion of the !ro!erty has "een sold to !ay the total a$ount and the costs due. u!on $otion. u!on which e2ecution $ay issue i$$ediately if the "alance is all due at the ti$e of the rendition of the 3ud&$ent7 otherwise. -eficienc2 7u(&+ent. ' certified co!y of the final order of the court confir$in& the sale shall "e re&istered in the re&istry of deeds. which ti$e shall "e stated in the 3ud&$ent. it shall order the !artition of the real estate a$on& all the !arties in interest. Sec. "y the record of the case. he $ay "e !ersonally lia"le to the !laintiff. as often as $ore "eco$es due for !rinci!al or interest and other *alid char&es. and a "rief $e$orandu$ thereof shall "e $ade "y the re&istrar of deeds on said certificate of title. RULE . . the certificate of title in the na$e of the $ort&a&or shall "e cancelled. on $otion. the court $ay. /f the de"t for which the $ort&a&e or encu$"rance was held is not all due as !ro*ided in the 3ud&$ent. ' !erson ha*in& the ri&ht to co$!el the !artition of real estate $ay do so as !ro*ided in this 1ule. 7. the whole shall "e ordered to "e sold in the first instance. The !ro*isions of sections 1. Sec.. %o+"l int in ction fo! " !tition of !e l est te. there "ein& a re"ate of interest where such re"ate is !ro!er. and a new one issued in the na$e of the !urchaser. But if the !ro!erty cannot "e sold in !ortions without !re3udice to the !arties. shall render 3ud&$ent a&ainst the defendant for any such "alance for which. the certificate of title in the na$e of the $ort&a&or shall not "e cancelled. /f the !ro!erty is not redee$ed. the court.ow s le to "!ocee( in c se the (e#t is not ll (ue. to&ether with the order of the court confir$in& the sa$e. 2. $ake the !artition a$on& the$sel*es "y !ro!er instru$ents of con*eyance. /f no ri&ht of rede$!tion e2ists. B and C of 1ule 9 shall "e a!!lica"le to the 3udicial foreclosure of real estate $ort&a&es under this 1ule insofar as the for$er are not inconsistent with or $ay ser*e to su!!le$ent the !ro*isions of the latter. if the !roceeds of the sale "e sufficient therefor. O!(e! fo! " !tition= n( " !tition #2 &!ee+ent the!eun(e!. /f u!on the sale of any real !ro!erty as !ro*ided in the ne2t !recedin& section there "e a "alance due to the !laintiff after a!!lyin& the !roceeds of the sale. *. . A""lic #ilit2 of othe! "!o'isions. . if they are a"le to a&ree. settin& forth in his co$!laint the nature and e2tent of his title and an ade<uate descri!tion of the real estate of which !artition is de$anded and 3oinin& as defendants all other !ersons interested in the !ro!erty. and the entire de"t and costs shall "e !aid. Thereu!on the !arties $ay. 8here a ri&ht of rede$!tion e2ists. /n the e*ent the !ro!erty is redee$ed. Sec. Re&ist! tion. the deed of rede$!tion shall "e re&istered with the re&istry of deeds.Page 91 of 99 Sec. 3. and such !artition. Sec. "ut the certificate of sale and the order confir$in& the sale shall "e re&istered and a "rief $e$orandu$ thereof $ade "y the re&istrar of deeds u!on the certificate of title. order $ore to "e sold. the final deed of sale e2ecuted "y the sheriff in fa*or of the !urchaser at the foreclosure sale shall "e re&istered with the re&istry of deeds7 whereu!on the certificate of title in the na$e of the $ort&a&or shall "e cancelled and a new one issued in the na$e of the !urchaser.5 PARTITION Section 1. the !laintiff shall "e entitled to e2ecution at such ti$e as the "alance re$ainin& "eco$es due under the ter$s of the ori&inal contract. the sale shall ter$inate7 and afterwards. /f after the trial the court finds that the !laintiff has the ri&ht thereto.

. No !roceedin& had "efore or conducted "y the co$$issioners shall !ass the title to the !ro!erty or "ind the !arties until the court shall ha*e acce!ted the re!ort of the co$$issioners and rendered 3ud&$ent thereon. situation and <uality of the different !arts thereof. and shall hear the !arties as to their !reference in the !ortion of the !ro!erty to "e set a!art to the$ and the co$!arati*e *alue thereof. the co$$issioners shall take and su"scri"e an oath that they will faithfully !erfor$ their duties as co$$issioners. Re"o!t of co++issione!sA "!ocee(in&s not #in(in& until confi!+e(. which oath shall "e filed in court with the other !roceedin&s in the case. Action of the cou!t u"on co++issione!sE !e"o!t. acce!t the re!ort and render 3ud&$ent in accordance therewith7 or. or e*en "efore the e2!iration of such !eriod "ut after the interested !arties ha*e filed their o"3ections to the re!ort or their state$ent of a&ree$ent therewith. the court $ay. !ro*ided he !ays to the other !arties such a$ounts as the co$$issioners dee$ e<uita"le. do and !erfor$ on "ehalf of his ward any act. 3. O th n( (uties of co++issione!s. or the assi&n$ent of real estate to one of the !arties. $. "etween the se*eral owners thereof.Page 92 of 99 ' final order decreein& !artition and accountin& $ay "e a!!ealed "y any !arty a&&rie*ed there"y. /f the !arties are una"le to a&ree u!on the !artition.days referred to in the !recedin& section. :!on the e2!iration of the !eriod of ten . the court $ay order it assi&ned to one of the !arties willin& to take the sa$e.co$!etent and disinterested !ersons as co$$issioners to $ake the !artition. Sec. or the sale of the sa$e.10. /n $akin& the !artition. unless one of the interested !arties asks that the !ro!erty "e sold instead of "ein& so assi&ned. the clerk of court shall ser*e co!ies thereof on all the interested !arties with notice that they are allowed ten . the co$$issioners shall *iew and e2a$ine the real estate. Sec. in which case the court shall order the co$$issioners to sell the real estate at !u"lic sale under such conditions and within such ti$e as the court $ay deter$ine. Sec. $atter. for cause shown.days within which to file o"3ections to the findin&s of the re!ort. with the a!!ro*al of the court first had. ha*in& due re&ard to the i$!ro*e$ents. which the $inor or !erson 3udicially declared to "e inco$!etent could do in !artition !roceedin&s if he were of a&e or co$!etent.10. Sec. the court shall a!!oint not $ore than three . Before $akin& such !artition. reco$$it the sa$e to the co$$issioners for further re!ort of facts7 or set aside the re!ort and a!!oint new co$$issioners7 or acce!t the re!ort in !art and re3ect it in !art7 and $ay $ake such order and render such 3ud&$ent as shall effectuate a fair and 3ust !artition of the real estate. and shall set a!art the sa$e to the !arties in lots or !arcels as will "e $ost ad*anta&eous and e<uita"le. . if they so desire. %o++issione!s to + ?e " !tition when " !ties f il to &!ee. . after due notice to the !arties to attend at such *iew and e2a$ination. . Assi&n+ent o! s le of !e l est te #2 co++issione!s. a !arty shall reco*er fro$ another his 3ust share of rents and !rofits recei*ed "y such other !arty fro$ the real estate in <uestion. 5. Powe! of &u !(i n in such "!ocee(in&s. Sec. *. Accountin& fo! !ent n( "!ofits in ction fo! " !tition. The &uardian or &uardian ad lite$ of a $inor or !erson 3udicially declared to "e inco$!etent $ay. u!on hearin&. ). The co$$issioners shall $ake a full and accurate re!ort to the court of all their !roceedin&s as to the !artition. 7. /n an action for !artition in accordance with this 1ule. 8hen it is $ade to a!!ear to the co$$issioners that the real estate. or a !ortion thereof. or of its *alue. if assi&ned or sold as a"o*e !ro*ided. cannot "e di*ided without !re3udice to the interests of the !arties. :!on the filin& of such re!ort. or thin& res!ectin& the !artition of real estate. co$$andin& the$ to set off to the !laintiff and to each !arty in interest such !art and !ro!ortion of the !ro!erty as the court shall direct. Sec. and the 3ud&$ent shall include an allowance for such rents and !rofits. Sec.

+. Su++ !2 "!oce(u!e. the 3ud&$ent shall state definitely. or "y title !ara$ount to the title of the !arties a$on& who$ the !artition $ay ha*e "een $ade7 nor so as to restrict or !re*ent !ersons holdin& real estate 3ointly or in co$$on fro$ $akin& an a$ica"le !artition thereof "y a&ree$ent and suita"le instru$ents of con*eyance without recourse to an action. or "y !ostin& such notice on the !re$ises if no !erson "e found thereon. includin& the co$!ensation of the co$$issioners. :nless otherwise sti!ulated. P !tition of "e!son l "!o"e!t2. *endor. Neithe! " ! +ount !i&hts no! +ic #le " !tition ffecte( #2 this Rule.1+. threat. or a lessor. AN. at any ti$e within one . Sec. inti$idation. . *endee. ' certified co!y of the 3ud&$ent shall in either case "e recorded in the re&istry of deeds of the !lace in which the real estate is situated. $. "y *irtue of any contract. "y $etes and "ounds and ade<uate descri!tion. $ay. /f the !ro!erty is sold and the sale confir$ed "y the court. ha*in& re&ard to the interests of the !arties. defeat. for the restitution of such !ossession. *endee. the !articular !ortion of the real estate assi&ned to each !arty. and the lessee fails to co$!ly therewith after fifteen . in so far as the sa$e $ay "e a!!lica"le.Page 93 of 99 Sec. and the e2!enses of such recordin& shall "e ta2ed as !art of the costs of the action. or the le&al re!resentati*es or assi&ns of any such lessor. free fro$ the clai$s of any of the !arties to the action. 1$. %osts n( e8"enses to #e t 8e( n( collecte(. #u"3ect to the !ro*isions of the ne2t succeedin& section. 1:. and the effect of the 3ud&$ent shall "e to *est the real estate in the !urchaser or !urchasers $akin& the !ay$ent or !ay$ents. "rin& an action in the !ro!er Munici!al Trial %ourt a&ainst the !erson or !ersons unlawfully withholdin& or de!ri*in& of !ossession. The court shall e<uita"ly ta2 and a!!ortion "etween or a$on& the !arties the costs and e2!enses which accrue in the action. Sec.days in the case of land or fi*e . the 3ud&$ent shall state the na$e of the !urchaser or !urchasers and a definite descri!tion of the !arcels of real estate sold to each !urchaser. or of "oth real and !ersonal !ro!erty. The !ro*isions of this 1ule shall a!!ly to !artitions of estates co$!osed of !ersonal !ro!erty. e2!ress or i$!lied. 12. or other !erson. /f actual !artition of !ro!erty is $ade. 9ho + 2 institute "!ocee(in&s= n( when. 2. Sec. Nothin& in this 1ule contained shall "e construed so as to !re3udice. /f the whole !ro!erty is assi&ned to one of the !arties u!on his !ayin& to the others the su$ or su$s ordered "y the court. the 3ud&$ent shall state the fact of such !ay$ent and of the assi&n$ent of the real estate to the !arty $akin& the !ay$ent. and the effect of the 3ud&$ent shall "e to *est in each !arty to the action in se*eralty the !ortion of the real estate assi&ned to hi$. or destroy the ri&ht or title of any !erson clai$in& the real estate in*ol*ed "y title under any other !erson.days in the case of "uildin&s. 11. Sec. RULE 7: 1OR%I<LE ENTR. Lesso! to "!ocee( & inst lessee onl2 fte! (e+ n(. or "y ser*in& written notice of such de$and u!on the !erson found on the !re$ises. The 7u(&+ent n( its effectA co"2 to #e !eco!(e( in !e&ist!2 of (ee(s.UNLA91UL -ETAINER Section 1.1. and the effect of the 3ud&$ent shall "e to *est in the !arty $akin& the !ay$ent the whole of the real estate free fro$ any interest on the !art of the other !arties to the action. to&ether with da$a&es and costs. such action "y the lessor shall "e co$$enced only after de$and to !ay or co$!ly with the conditions of the lease and to *acate is $ade u!on the lessee. or stealth. or other !erson a&ainst who$ the !ossession of any land or "uildin& is unlawfully withheld after the e2!iration or ter$ination of the ri&ht to hold !ossession. and e2ecution $ay issue therefor as in other cases. or any !erson or !ersons clai$in& under the$. *endor.year after such unlawful de!ri*ation or withholdin& of !ossession. a !erson de!ri*ed of the !ossession of any land or "uildin& "y force. Sec. strate&y.

). 5. The sti!ulations or ad$issions entered into "y the !arties7 .days after the last answer is filed. shall render 3ud&$ent as $ay "e warranted "y the facts alle&ed in the co$!laint and li$ited to what is !rayed for therein. The defendant who a!!ears in the a"sence of the !laintiff shall "e entitled to 3ud&$ent on his counterclai$ in accordance with the ne2t !recedin& section. the court shall issue an order statin& the $atters taken u! therein. %ross5clai$s and co$!ulsory counterclai$s not asserted in the answer shall "e considered "arred. No !ost!one$ent of the !reli$inary conference shall "e &ranted e2ce!t for hi&hly $eritorious &rounds and without !re3udice to such sanctions as the court in the e2ercise of sound discretion $ay i$!ose on the $o*ant. $otu !ro!rio or on $otion of the !laintiff.10. . 'ffir$ati*e and ne&ati*e defenses not !leaded therein shall "e dee$ed wai*ed. 3. This !rocedure shall not a!!ly where one of two or $ore defendants sued under a co$$on cause of action who had !leaded a co$$on defense shall a!!ear at the !reli$inary conference. The court $ay.c-. Effect of f ilu!e to nswe!. and the answers thereto. 8ithin fi*e . the court.+. the !laintiff shall likewise "e entitled to 3ud&$ent in accordance with the ne2t !recedin& section. dis$iss the case outri&ht on any of the &rounds for the dis$issal of a ci*il action which are a!!arent therein. a !reli$inary conference shall "e held. *. The only !leadin&s allowed to "e filed are the co$!laint. e2ce!t lack of 3urisdiction o*er the su"3ect $atter. co$!ulsory counterclai$ and cross5clai$ !leaded in the answer. Action on co+"l int. /f a sole defendant shall fail to a!!ear. it shall forthwith issue su$$ons. The failure of the !laintiff to a!!ear in the !reli$inary conference shall "e cause for the dis$issal of his co$!laint.. 'll !leadin&s shall "e *erified. The answer to counterclai$s or cross5clai$s shall "e ser*ed and filed within ten . Reco!( of "!eli+in !2 confe!ence.Page 94 of 99 62ce!t in cases co*ered "y the a&ricultural tenancy laws or when the law otherwise e2!ressly !ro*ides.days fro$ ser*ice of su$$ons. 7. Sec.days after the ter$ination of the !reli$inary conference.days fro$ ser*ice of the answer in which they are !leaded. shall "e &o*erned "y the su$$ary !rocedure hereunder !ro*ided. The court $ay in its discretion reduce the a$ount of da$a&es and attorneyGs fees clai$ed for "ein& e2cessi*e or otherwise unconsciona"le. 8ithin ten .10. Answe!. 0. /f no &round for dis$issal is found. Sec. Sec. without !re3udice to the a!!lica"ility of section . the defendant shall file his answer to the co$!laint and ser*e a co!y thereof on the !laintiff. fro$ an e2a$ination of the alle&ations in the co$!laint and such e*idence as $ay "e attached thereto. 1ule 9 if there are two or $ore defendants. Not later than thirty . 8hether the !arties ha*e arri*ed at an a$ica"le settle$ent. 'll cross5clai$s shall "e dis$issed. Sec. Sec. includin& "ut not li$ited to0 1. irres!ecti*e of the a$ount of da$a&es or un!aid rentals sou&ht to "e reco*ered. all actions for forci"le entry and unlawful detainer. P!eli+in !2 confe!enceA ""e ! nce of " !ties. Ple (in&s llowe(. and if so. the ter$s thereof7 B. #hould the defendant fail to answer the co$!laint within the !eriod a"o*e !ro*ided. Sec. The !ro*isions of 1ule 18 on !re5trial shall "e a!!lica"le to the !reli$inary conference unless inconsistent with the !ro*isions of this 1ule.

0. $anda$us.Page 95 of 99 . shall "e dis$issed without !re3udice. 8ithin thirty . Motion to dis$iss the co$!laint e2ce!t on the &round of lack of 3urisdiction o*er the su"3ect $atter. Pe!io( fo! !en(ition of 7u(&+ent. and $ay "e re*i*ed only after that re<uire$ent shall ha*e "een co$!lied with. %ases re<uirin& referral for conciliation. ' clear s!ecification of $aterial facts which re$ain contro*erted7 and +.days after recei!t of the affida*its and !osition !a!ers. 8hether. The court shall not resort to the fore&oin& !rocedure 3ust to &ain ti$e for the rendition of the 3ud&$ent. #uch other $atters intended to e2!edite the dis!osition of the case. or !leadin&s shall not "e allowed0 1. should the court find it necessary to clarify certain $aterial facts. Motion for a "ill of !articulars7 . or the e2!iration of the !eriod for filin& the sa$e. Motion for new trial. and re<uire the !arties to su"$it affida*its or other e*idence on the said $atters within ten .days fro$ recei!t of said order. 1$. )etition for certiorari. it $ay. 8ithin ten . Su#+ission of ffi( 'its n( "osition " "e!s. or !rohi"ition a&ainst any interlocutory order issued "y the court7 8. Me$oranda7 7. 1:. 12. .10.1+. Sec. Sec. issue an order s!ecifyin& the $atters to "e clarified. Motion for e2tension of ti$e to file !leadin&s.10. P!ohi#ite( "le (in&s n( +otions. @ilatory $otions for !ost!one$ent7 .days after the recei!t of the last affida*it or the e2!iration of the !eriod for filin& the sa$e. 0.days fro$ issuance of the order7 C. durin& the said !eriod. Sec. Refe!! l fo! concili tion. where there is no showin& of co$!liance with such re<uire$ent. the !arties shall su"$it the affida*its of their witnesses and other e*idence on the factual issues defined in the order. Sec. or for reo!enin& of trial7 C. the court shall render 3ud&$ent.owe*er. $otions. Jud&$ent shall "e rendered within fifteen .days fro$ recei!t of the order $entioned in the ne2t !recedin& section. Motion to declare the defendant in default7 9. 11. to&ether with their !osition !a!ers settin& forth the law and the facts relied u!on "y the$. or for reconsideration of a 3ud&$ent. on the "asis of the !leadin&s and the sti!ulations and ad$issions $ade "y the !arties. 3ud&$ent $ay "e rendered without the need of further !roceedin&s. affida*its or any other !a!er7 D. or failure to co$!ly with section 1B7 B. The followin& !etitions. )etition for relief fro$ 3ud&$ent7 +. in which e*ent the 3ud&$ent shall "e rendered within thirty .

1*. Sec. 0. he . Third5!arty co$!laints7 1B. da$a&es. Sec. P!eli+in !2 in7unction. within fi*e . Sec. >u(&+ent. Resol'in& (efense of owne!shi". /f after trial the court finds that the alle&ations of the co$!laint are true. durin& the !endency of the a!!eal. The court shall decide the $otion within thirty . Sec. /n the a"sence of a contract. /f a counterclai$ is esta"lished. 8hen the defendant raises the defense of ownershi! in his !leadin&s and the <uestion of !ossession cannot "e resol*ed without decidin& the issue of ownershi!. 1). ' !ossessor de!ri*ed of his !ossession throu&h forci"le entry or unlawful detainer $ay. 13. the su$ 3ustly due as arrears of rent or as reasona"le co$!ensation for the use and occu!ation of the !re$ises. !resent a $otion in the action for forci"le entry or unlawful detainer for the issuance of a writ of !reli$inary $andatory in3unction to restore hi$ in his !ossession. Affi( 'its. if any. >u(&+ent conclusi'e onl2 on "ossessionA not conclusi'e in ctions in'ol'in& title o! owne!shi".days fro$ the filin& thereof. The affida*its re<uired to "e su"$itted under this 1ule shall state only facts of direct !ersonal knowled&e of the affiants which are ad$issi"le in e*idence. the issue of ownershi! shall "e resol*ed only to deter$ine the issue of !ossession. 17. attorneyGs fees and costs. 1e!ly7 11. ' *iolation of this re<uire$ent $ay su"3ect the !arty or the counsel who su"$its the sa$e to disci!linary action. /nter*entions. the court shall render 3ud&$ent for the su$ found in arrears fro$ either !arty and award costs as 3ustice re<uires. and shall show their co$!etence to testify to the $atters stated therein. and costs accruin& down to the ti$e of the 3ud&$ent a!!ealed fro$. #uch 3ud&$ent shall not "ar an action "etween the sa$e !arties res!ectin& title to the land or "uildin&.days fro$ the filin& of the co$!laint. Sec. The 3ud&$ent rendered in an action for forci"le entry or detainer shall "e conclusi*e with res!ect to the !ossession only and shall in no wise "ind the title or affect the ownershi! of the land or "uildin&. it shall render 3ud&$ent in fa*or of the !laintiff for the restitution of the !re$ises. and unless. he de!osits with the a!!ellate court the a$ount of rent due fro$ ti$e to ti$e under the contract. and shall "e cause to e2!un&e the inad$issi"le affida*it or !ortion thereof fro$ the record. I++e(i te e8ecution of 7u(&+entA how to st 2 s +e. 15. it shall render 3ud&$ent for the defendant to reco*er his costs. in accordance with the !ro*isions of 1ule +8 hereof. 1. a!!ro*ed "y the Munici!al Trial %ourt and e2ecuted in fa*or of the !laintiff to !ay the rents. The 3ud&$ent or final order shall "e a!!eala"le to the a!!ro!riate 1e&ional Trial %ourt which shall decide the sa$e on the "asis of the entire record of the !roceedin&s had in the court of ori&in and such $e$oranda andIor "riefs as $ay "e su"$itted "y the !arties or re<uired "y the 1e&ional Trial %ourt. as deter$ined "y the 3ud&$ent of the Munici!al Trial %ourt. Sec. /f 3ud&$ent is rendered a&ainst the defendant.Page 96 of 99 10. /f it finds that said alle&ations are not true. to !re*ent the defendant fro$ co$$ittin& further acts of dis!ossession a&ainst the !laintiff. unless an a!!eal has "een !erfected and the defendant to stay e2ecution files a sufficient su!ersedeas "ond.. The court $ay &rant !reli$inary in3unction. e2ecution shall issue i$$ediately u!on $otion.+.

I++e(i te e8ecution on ""e l to %ou!t of A""e ls o! Su"!e+e %ou!t. or "y a fine not e2ceedin& two hundred !esos or i$!rison$ent not e2ceedin& one . or that the a!!eal of the !laintiff is !ri$a facie $eritorious. any $oney !aid to the court "y the defendant for !ur!oses of the stay of e2ecution shall "e dis!osed of in accordance with the !ro*isions of the 3ud&$ent of the 1e&ional Trial %ourt. 21. P!eli+in !2 + n( to!2 in7unction in c se of ""e l. 2. or for 3ustifia"le reasons. the latter $ay issue a writ of !reli$inary $andatory in3unction to restore the !laintiff in !ossession if the court is satisfied that the defendantGs a!!eal is fri*olous or dilatory. -i!ect conte+"t "unishe( su++ !il2. to the clerk of the 1e&ional Trial %ourt to which the action is a!!ealed. Re+e(2 the!ef!o+. #hould the defendant fail to $ake the !ay$ents a"o*e !rescri"ed fro$ ti$e to ti$e durin& the !endency of the a!!eal. and shall "e held there until the final dis!osition of the a!!eal. In(i!ect conte+"t to #e "unishe( fte! ch !&e n( he !in&. ' !erson &uilty of $is"eha*ior in the !resence of or so near a court as to o"struct or interru!t the !roceedin&s "efore the sa$e. the a!!ellate court. The 3ud&$ent of the 1e&ional Trial %ourt a&ainst the defendant shall "e i$$ediately e2ecutory. and u!on !roof of such failure. "ut $ay a*ail hi$self of the re$edies of certiorari or !rohi"ition. u!on $otion of the !laintiff. Sec. /n any case wherein it a!!ears that the defendant has "een de!ri*ed of the lawful !ossession of land or "uildin& !endin& the a!!eal "y *irtue of the e2ecution of the 3ud&$ent of the Munici!al Trial %ourt. or refusal to "e sworn or to answer as a witness. or "oth. a !erson &uilty of any of the followin& acts $ay "e !unished for indirect conte$!t0 . RULE 71 %ONTE4PT Section 1. The e2ecution of the 3ud&$ent shall "e sus!ended !endin& resolution of such !etition. and an o!!ortunity &i*en to the res!ondent to co$$ent thereon within such !eriod as $ay "e fi2ed "y the court and to "e heard "y hi$self or counsel. $. shall order the e2ecution of the 3ud&$ent a!!ealed fro$ with res!ect to the restoration of !ossession. unless the court.Page 97 of 99 shall de!osit with the 1e&ional Trial %ourt the reasona"le *alue of the use and occu!ation of the !re$ises for the !recedin& $onth or !eriod at the rate deter$ined "y the 3ud&$ent of the lower court on or "efore the tenth day of each succeedin& $onth or !eriod. without !re3udice to a further a!!eal that $ay "e taken therefro$. Sec. or to su"scri"e an affida*it or de!osition when lawfully re<uired to do so. includin& disres!ect toward the court. 'fter the case is decided "y the 1e&ional Trial %ourt.day. 2:. or "oth. if it "e a lower court. with the other !a!ers. Sec. Sec. The !erson ad3ud&ed in direct conte$!t "y any court $ay not a!!eal therefro$.10. if it "e a 1e&ional Trial %ourt or a court of e<ui*alent or hi&her rank.1. "ut such e2ecution shall not "e a "ar to the a!!eal takin& its course until the final dis!osition thereof on the $erits.days fro$ the !erfection of the a!!eal to the 1e&ional Trial %ourt. "y a&ree$ent of the interested !arties. within ten . 'll a$ounts so !aid to the a!!ellate court shall "e de!osited with said court or authori4ed &o*ern$ent de!ositary "ank. shall decree otherwise. 'fter a char&e in writin& has "een filed. $ay "e su$$arily ad3ud&ed in conte$!t "y such court and !unished "y a fine not e2ceedin& two thousand !esos or i$!rison$ent not e2ceedin& ten . offensi*e !ersonalities toward others. :!on $otion of the !laintiff. !ro*ided such !erson files a "ond fi2ed "y the court which rendered the 3ud&$ent and conditioned that he will a"ide "y and !erfor$ the 3ud&$ent should the !etition "e decided a&ainst hi$. or in the a"sence of reasona"le &rounds of o!!osition to a $otion to withdraw. da$a&es for such de!ri*ation of !ossession and restoration of !ossession $ay "e allowed the defendant in the 3ud&$ent of the 1e&ional Trial %ourt dis!osin& of the a!!eal.days. The su!ersedeas "ond shall "e trans$itted "y the Munici!al Trial %ourt.10.

or a&ainst an officer a!!ointed "y it. /f the res!ondent is ad3ud&ed &uilty of indirect conte$!t co$$itted a&ainst a 1e&ional Trial %ourt or a court of e<ui*alent or hi&her rank.d.$onth. or 3ud&$ent of a court. the !etition for conte$!t shall alle&e that fact "ut said !etition shall "e docketed. )roceedin&s for indirect conte$!t $ay "e initiated $otu !ro!rio "y the court a&ainst which the conte$!t was co$$itted "y an order or any other for$al char&e re<uirin& the res!ondent to show cause why he should not "e !unished for conte$!t. /n all other cases. *. . or in any $anner distur"s the !ossession &i*en to the !erson ad3ud&ed to "e entitled thereto7 . /f he is ad3ud&ed &uilty of conte$!t co$$itted a&ainst a lower court.Mis"eha*ior of an officer of a court in the !erfor$ance of his official duties or in his official transactions7 . ). and u!on full co$!liance with the re<uire$ents for filin& initiatory !leadin&s for ci*il actions in the court concerned. or atte$!ted rescue. Punish+ent fo! in(i!ect conte+"t. /f the conte$!t char&es arose out of or are related to a !rinci!al action !endin& in the court.a. .f. or "oth.'ny i$!ro!er conduct tendin&.c. 9he!e ch !&e to #e file(.ow "!ocee(in&s co++ence(.=ailure to o"ey a su"!oena duly ser*ed7 . 7.The rescue. /f the conte$!t consists in the *iolation of a writ of . 8here the char&e for indirect conte$!t has "een co$$itted a&ainst a 1e&ional Trial %ourt or a court of e<ui*alent or hi&her rank. Sec. the court shall !roceed to in*esti&ate the char&e and consider such co$$ent. he $ay "e !unished "y a fine not e2ceedin& thirty thousand !esos or i$!rison$ent not e2ceedin& si2 . or de&rade the ad$inistration of 3ustice7 . !rocess. order.&. . heard and decided se!arately. for the !ur!ose of e2ecutin& acts of ownershi! or !ossession. Sec. 8here such conte$!t has "een co$$itted a&ainst a lower court.e.". he $ay "e !unished "y a fine not e2ceedin& fi*e thousand !esos or i$!rison$ent not e2ceedin& one .$onths. directly or indirectly.'ssu$in& to "e an attorney or an officer of a court.e !in&A !ele se on # il.1. the res!ondent $ay "e released fro$ custody u!on filin& a "ond. the char&e $ay "e filed with the 1e&ional Trial %ourt of the !lace in which the lower court is sittin&7 "ut the !roceedin&s $ay also "e instituted in such lower court su"3ect to a!!eal to the 1e&ional Trial %ourt of such !lace in the sa$e $anner as !ro*ided in section B of this 1ule. or "oth. for his a!!earance at the hearin& of the char&e. 9n the day set therefor. in an a$ount fi2ed "y the court.D. the char&e $ay "e filed with such court. Sec. or fro$ holdin& hi$ in custody !endin& such !roceedin&s. includin& the act of a !erson who. to i$!ede. enters or atte$!ts or induces another to enter into or u!on such real !ro!erty. char&es for indirect conte$!t shall "e co$$enced "y a *erified !etition with su!!ortin& !articulars and certified true co!ies of docu$ents or !a!ers in*ol*ed therein.. of a !erson or !ro!erty in the custody of an officer "y *irtue of an order or !rocess of a court held "y hi$.@iso"edience of or resistance to a lawful writ. Sec.'ny a"use of or any unlawful interference with the !rocesses or !roceedin&s of a court not constitutin& direct conte$!t under section 1 of this 1ule7 . after "ein& dis!ossessed or e3ected fro$ any real !ro!erty "y the 3ud&$ent or !rocess of any court of co$!etent 3urisdiction. and actin& as such without authority7 . unless the court in its discretion orders the consolidation of the conte$!t char&e and the !rinci!al action for 3oint hearin& and decision. testi$ony or defense as the res!ondent $ay $ake or offer.Page 98 of 99 . /f the hearin& is not ordered to "e had forthwith. But nothin& in this section shall "e so construed as to !re*ent the court fro$ issuin& !rocess to "rin& the res!ondent into court. o"struct.

%ou!t + 2 !ele se !es"on(ent. 1:. /f there is no a&&rie*ed !arty.Page 99 of 99 in3unction. The court which issued the order i$!risonin& a !erson for conte$!t $ay dischar&e hi$ fro$ i$!rison$ent when it a!!ears that !u"lic interest will not "e !re3udiced "y his release. as in ordinary ci*il actions. Sec. he $ay "e i$!risoned "y order of the court concerned until he !erfor$s it. But e2ecution of the 3ud&$ent or final order shall not "e sus!ended until a "ond is filed "y the !erson ad3ud&ed in conte$!t. in an a$ount fi2ed "y the court fro$ which the a!!eal is taken. "odies or a&encies e2ercisin& <uasi53udicial functions. :nless otherwise !ro*ided "y law. . conditioned that if the a!!eal "e decided a&ainst hi$ he will a"ide "y and !erfor$ the 3ud&$ent or final order. the court $ay issue another order of arrest or $ay order the "ond for his a!!earance to "e forfeited and confiscated. 8hen the conte$!t consists in the refusal or o$ission to do an act which is yet in the !ower of the res!ondent to !erfor$. %onte+"t & inst @u si-7u(ici l entities. Sec. I+"!ison+ent until o!(e! o#e2e(. 3. 11. or shall ha*e su!!letory effect to such rules as they $ay ha*e ado!ted !ursuant to authority &ranted to the$ "y law to !unish for conte$!t. shall issue for the enforce$ent of a 3ud&$ent i$!osin& a fine unless the court otherwise !ro*ides. te$!orary restrainin& order or status <uo order. 8hen a res!ondent released on "ail fails to a!!ear on the day fi2ed for the hearin&. Sec. The 3ud&$ent or final order of a court in a case of indirect conte$!t $ay "e a!!ealed to the !ro!er court as in cri$inal cases.12. P!ocee(in& when " !t2 !ele se( on # il f ils to nswe!. he $ay also "e ordered to $ake co$!lete restitution to the !arty in3ured "y such *iolation of the !ro!erty in*ol*ed or such a$ount as $ay "e alle&ed and !ro*ed. entities. Sec. The 1e&ional Trial %ourt of the !lace wherein the conte$!t has "een co$$itted shall ha*e 3urisdiction o*er such char&es as $ay "e filed therefor. and such reco*ery shall "e for the "enefit of the !arty in3ured. if the "ond "e !roceeded a&ainst. the "ond shall "e lia"le and dis!osed of as in cri$inal cases. 5. the $easure of da$a&es shall "e the e2tent of the loss or in3ury sustained "y the a&&rie*ed !arty "y reason of the $isconduct for which the conte$!t char&e was !rosecuted. Re'iew of 7u(&+ent o! fin l o!(e!A #on( fo! st 2. or "oth7 and. The writ of e2ecution. this 1ule shall a!!ly to conte$!t co$$itted a&ainst !ersons. with the costs of the !roceedin&s. Sec.

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