RULE 1 speedy and inexpensive determination of

GENERAL PROVISIONS every proceeding.

SECTION 1. (a) Cases covered. – These

Rules shall govern the procedure to be SEC. 4. Executory nature of decisions and
observed in civil cases involving the orders. – All decisions and orders issued
following:
under these Rules shall immediately be
1. Devices or schemes employed by the executory.

board of directors, business associates or

officers amounting to fraud or No appeal or petition taken therefrom shall
misrepresentation detrimental to the interest stay the enforcement or implementation of
of the public or of the stockholders, partners, the decision or order, unless restrained by an
or members of any corporation;
appellate court. Interlocutory orders shall not
2. Controversies arising out of intra- be subject to appeal.

corporate or partnership relations, between

and among stockholders, members, or SEC. 5. Venue. – All actions shall be
associates; and between, any or all of them commenced and tried in the RTC which has
and the corporation,
jurisdiction over the principal office of the
3.Controversies in the election or corporation, partnership, or association
appointment of directors, trustees, officers, concerned.

or managers of corporations, partnerships,

or associations;
Where the principal office of the corporation,
4. Derivative suits; and
partnership or association is registered as
5. Inspection of corporate books.
Metro Manila, the action must be filed in the
city or municipality where the head office is
(b) prohibition against nuisance and located.

harassment suits. - Nuisance and

harassment suits are prohibited.
SEC. 6. Service of pleadings. – When
authorized by the court, any pleading or
In determining whether a suit is a nuisance document required by these Rules may be
or harassment suit, the court shall consider, filed with the court and served upon the
among others, the following:
other parties by facsimile transmission or
1. The extent of the interest of the initiating email. In such cases, the date of
stockholder or member;
transmission shall be deemed to be prima
2. Subject matter of the suit;
facie the date of service.

3. Legal and factual basis of the complaint;

4. Availability of appraisal rights for the acts SEC. 7. Signing of pleadings, motions and
complained; and
other papers. – Every pleading, motion, and
5. prejudice or damage to the corporation, other paper of a party represented by an
partnership, or association in relation to the attorney shall be signed by at least 1
relief sought.
attorney of record whose address shall be
stated.

In case of nuisance or harassment suits, the

court may, motu proprio or upon motion, A party who is not represented by an
forthwith dismiss the case.
attorney shall sign the pleading, motion, or
other paper and state his address.

SEC. 2. Suppletory application of the

Rules of Court. – The Rules of Court, in so
far as they are applicable are adopted to
form an integral part of these Rules.
the same and that to the best of his
SEC. 3. Construction. – These Rules shall
be liberally construed in order to promote
their objective of securing a just, summary,
The signature of an attorney or party
constitutes a certification that he has read
knowledge and belief formed after
reasonable inquiry, it is well grounded in fact
and warranted by existing law or a good faith
argument for the extension, modification, or
reversal of existing jurisprudence; and that it correct based on his own personal
is not interposed for any improper purpose, knowledge or on authentic records.

such as to harass or to cause unnecessary

delay or needless increase in the cost of SEC. 4. Complaint. – The complaint shall
litigation.
state or contain:

1. the names, address, and other relevant

If a pleading, motion, or other paper is not circumstances of the parties;

signed, it shall be stricken off the record

unless promptly signed by the pleader or
movant, after he is notified of the omission.
plaintiff’s cause of action, supported by
SEC. 8. Prohibited pleadings. – The
2. all facts material and relevant to the
affidavits of the plaintiff or his witnesses and
copies of evidence supportive of such;

following pleadings are prohibited:

1. Motion to dismiss;
3. the law, rule, or regulation relied upon,
2. Motion for a bill of particulars;
violated, or sought to be enforced;

3. Motion for new trial, reconsideration of

judgment or order, or re-opening of trial;
4. a certification that

4. Motion for extension of time to file (a) the plaintiff has not commenced any
pleadings, affidavits or any other paper, action or filed any claim involving the same
except those due to clearly compelling issues in any court and, to the best of his
reasons. Such motion must be verified and knowledge, no such other action or claim is
under oath.
pending therein;

5. Motion for postponement and other (b) if there is such other action, a complete
motions of similar intent, except those filed statement of the present status thereof; and

due to clearly compelling reasons. Such (c) if he should thereafter learn that the same
motion must be verified and under oath.
or similar action has been filed or pending,
he shall report that fact within 5 days
SEC. 9. Assignment of cases. – All cases therefrom to the court; and

filed shall be tried by judges designated by

the SC to hear and decide cases transferred 5. the relief sought.

from the SEC to the RTC and filed directly

with said courts pursuant to the SRC
SEC. 5. Summons. – The summons and the
 
complaint shall be served together not later
RULE 2 than 5 days from the date of filing of the
COMMENCEMENT OF ACTION AND complaint.

PLEADINGS a. Service upon domestic private juridical

SECTION 1. Commencement of action. – entities. –

An action is commenced by the filing of a If the defendant is a domestic corporation,

verified complaint with the proper RTC.
service shall be deemed adequate if made
upon any of the statutory or corporate
SEC. 2. Pleadings allowed. – The only officers fixed by the by-laws or their
pleadings allowed to be filed are
secretaries.

complaint,
If the defendant is a partnership, service
answer,
shall be deemed adequate if made upon any
compulsory counterclaims or cross-claims of the managing or general partners or upon
pleaded in the answer,
their secretaries.

answer to the counterclaims or cross-claims.

If the defendant is an association, service
shall be deemed adequate if made upon any
SEC. 3. Verification. – The complaint and of its officers or their secretaries.

the answer shall be verified by an affidavit

stating that the affiant has read the pleading b. Service upon foreign private juridical
and the allegations therein are true and entity. – 

When the defendant is a foreign private SEC. 8. Affidavits, documentary and other
juridical entity which is transacting or has evidence. – Affidavits shall be based on
transacted business in the Philippines, personal knowledge, set forth facts
service may be made on its resident agent, if admissible in evidence, and show that the
there is no agent, on the government official affiant is competent to testify on the matters
designated by law, or any of its officers or stated therein. The affidavits shall be in
agents within the Philippines.
question and answer form, and shall comply
with the rules on admissibility of evidence.

SEC. 6. Answer. – The defendant shall file

his answer to the complaint, serving a copy Affidavits of witnesses as well as other
thereof on the plaintiff, within 15 days from evidence shall be attached to the pleading.
service of summons.
Affidavits, documentary and other evidence
In the answer, the defendant shall:
not submitted may be attached to the pre-
1. Specify each material allegation of fact the trial brief.

truth of which he admits and does not admit

Where the defendant desires to deny only a Affidavits and other evidence not submitted
part of an averment, he shall specify so shall not be admitted in evidence, except in
much of it as true and material and shall the following cases:

deny only the remainder;

1. Testimony of unwilling, hostile, or adverse
2. Specify each material allegation as to party witnesses. A witness is
which truth he has no knowledge or presumed prima facie hostile if he fails or
information sufficient to form a belief, and refuses to execute an affidavit after a written
this shall have the effect of a denial;
request;

3. State the defenses, including grounds for 2. If failure to submit the evidence is for
a motion to dismiss under the Rules of meritorious and compelling reasons;

Court;
3. Newly discovered evidence.

4. State the law, rule, or regulation relied

upon;
In case of (2) and (3) above, the affidavit and
5. Address each of the causes of action evidence must be submitted not later than 5
stated in the complaint;
days prior to its introduction in evidence.

6. State the facts upon which he relies for his  

defense, including affidavits of witnesses RULE 3

and copies of evidence supportive of such MODES OF DISCOVERY
cause of action;
SECTION 1. In general. – A party can only
7. State any compulsory counterclaim/s and avail of any of the modes of discovery not
cross-claim/s; and
later than 15 days from the joinder of issues.

8. State the relief sought.

SEC. 2. Objections. – Any mode of

The answer to counterclaims or cross-claims
discovery such as interrogatories, request for
shall be filed within 10 days from service of
admission, production or inspection of
the answer in which they are pleaded.

documents or things, may be objected to

SEC. 7. Effect of failure to answer. – If the
defendant fails to answer within the period
he shall be considered in default.
or privileged in nature.
within 10 days from receipt of the discovery
and only on the ground that the matter
requested is patently incompetent, irrelevant

Upon motion or motu proprio, the court shall The court shall rule on the objections not
render judgment either dismissing the later than 15 days from the filing thereof.

complaint or granting the relief prayed for. In

no case shall the court award a relief beyond SEC. 3. Compliance. – Compliance with any
or different from that prayed for.
mode of discovery shall be made within 10
days from receipt of the discovery device, or
if there are objections, from receipt of the 10. Possibility of referral to mediation or
ruling of the court.
other ADR forms;

11. Proposed schedule of hearings; and

SEC. 4. Sanctions. – The sanctions 12. Such other matters as may aid in the just
prescribed in the ROC for failure to avail or and speedy disposition of the case.

refusal to comply with the modes of
discovery shall apply.
SEC. 2. Nature and purpose of pre-trial
conference. – During the pre-trial
In addition, the court may, upon motion, conference, the court shall, with its active
declare a party non-suited or as in default, as participation, ensure that the parties
the case may be, if the refusal to comply consider in detail all of the following:

with a mode of discovery is patently 1. The possibility of an amicable settlement;

unjustified.
2. Referral of the dispute to mediation or
 
other ADR forms;

RULE 4 3. Facts that need not be proven,(matters of

PRE-TRIAL judicial notice or expressly or deemed
SECTION 1. Pre-trial conference; admitted)

mandatory nature. – Within 5 days after the 4. Amendments to the pleadings;

period for availment of, and compliance with, 5. The possibility of obtaining stipulations
the modes of discovery, whichever comes and admissions of facts and documents;

later, the court shall issue an order 6. Objections to the admissibility of

immediately setting the case for pre-trial testimonial, documentary and other
conference and directing the parties to evidence;

submit their pre-trial briefs.

7. Objections to the form or substance of
any affidavit, or part thereof;

The parties shall furnish each other copies of 8. Simplification of the issues;

their respective pre-trial brief in such manner 9. The possibility of submitting the case for
as to ensure its receipt by the court and the decision on the basis of position papers,
other party at least 5 days before the date affidavits, documentary and real evidence;

set for the pre-trial.

10. A complete schedule of hearing dates;
and

The parties shall set forth in their pre-trial 11. Such other matters as may aid in the
briefs, among other matters, the following:
speedy and summary disposition of the
1. Brief statement of the nature of the case, case. 

which shall summarize the theories of the
party in clear and concise language;
SEC. 3. Termination. – The preliminary
2. Allegations expressly admitted by either conference shall be terminated not later than
parties;
10 days after its commencement, whether or
3. Allegations deemed admitted by either not the parties have agreed to settle
parties;
amicably.

4. Documents not specifically denied under

oath by either parties;
SEC. 4. Judgment before pre-trial. – If,
5. Amendments to the pleadings;
after submission of the pre-trial briefs, the
6. Statement of the issues, which shall court determines that, upon consideration of
separately summarize the factual and legal the pleadings, the affidavits and other
issues involved;
evidence submitted by the parties, a
7. Names of witnesses to be presented and judgment may be rendered, the court may
the summary of their testimony as contained order the parties to file their respective
in their affidavits;
memoranda within a non-extendible period
8. All other pieces of evidence and their of 20 days from receipt of the order.

respective purposes;

9. Specific proposals for an amicable Thereafter, the court shall render judgment,
settlement;
either full or otherwise, not later than 90 days
from the expiration of the period to file the later than 30 days from the date of the pre-
memoranda.
trial order.

SEC. 5. Pre-trial order; judgment after
pre-trial. – The proceedings in the pre-trial
shall be recorded. Within 10 days after the
termination of the pre-trial, the court shall
issue an order which shall recite in detail the
matters taken up in the conference, the
The hearings shall be completed not later
than 60 days from the date of the initial
hearing, 30 days of which shall be allotted to
the plaintiffs and 30 days to the defendants
in the manner prescribed in the rep-trial
order.

actions taken thereon, the amendments

allowed in the pleadings, and the
agreements or admissions made by the
parties as to any of the matters considered.
waiver of such hearing date. However, a
The court shall rule on all objections to or
Failure of a party to present a witness on a
scheduled hearing date shall be deemed a
party may present such witness or witnesses
within his remaining allotted hearing dates.

comments on the admissibility of any

documentary or other evidence, including SEC. 3. Written offer of evidence. –
any affidavit or any part thereof.
Evidence not otherwise admitted by the
parties or ruled upon by the court during the
Should the action proceed to trial, the order pre-trial conference shall be offered in writing
shall explicitly define and limit the issues to not later than 5 days from the completion of
be tried and shall strictly follow the form set the presentation of evidence of the party
forth in Annex "A" of these Rules.
concerned. The opposing party shall have 5
days from receipt of the offer to file his
The contents of the order shall control the comments or objections.

subsequent course of the action, unless

modified before trial to prevent manifest The court shall make its ruling on the offer
injustice.
within 5 days from the expiration of the
period to file comments or objections.

After the pre-trial, the court may render

judgment, either full or partial, as the SEC. 4. Memoranda. – Immediately after
evidence presented during the pre-trial may ruling on the last offer of evidence, the court
warrant.
shall order the parties to file, within 30 days
 
from receipt of the order, their respective
RULE 5 memoranda. The memoranda shall contain
TRIAL the following:

SECTION 1. Witnesses. – If the court deems 1. A "Statement of the Case," which is a

necessary to hold hearings to determine clear and concise statement of the nature of
specific factual matters before rendering the action and a summary of the
judgment, it shall, in the pre-trial order, set proceedings;

the case for trial on the dates agreed upon 2. A "Statement of the Facts," which is a
by the parties.
clear and concise statement in narrative form
of the established facts, with reference to the
Only persons whose affidavits were testimonial, documentary or other evidence
submitted may be presented as witnesses, in support thereof;

except in cases specified in section 8, Rule 2 3. A "Statement of the issues," which is a

of these Rules. The affidavits of the clear and concise statement of the issues
witnesses shall serve as their direct presented to the court for resolution;

testimonies, subject to cross-examination in 4. The "Arguments," which is a clear and

accordance with existing rules on evidence.
concise presentation of the argument in
support of each issue; and

SEC. 2. Trial schedule. – Unless judgment is

rendered, the initial hearing shall be held not
5. The "Relief," which is a specification of the form and substance, or, if it is sufficient,
order or judgment which the party seeks to order the issuance of summons which shall
obtain.
be served, together with a copy of the
complaint, on the defendant within 2 days
No reply memorandum shall be allowed.
from its issuance.

SEC. 5. Decision after trial. – The court SEC. 5. Answer. – The defendant shall file
shall render a decision not later than 90 days his answer to the complaint, serving a copy
from the lapse of the period to file the thereof on the plaintiff, within 10 days from
memoranda, with or without said pleading service of summons and the complaint. The
having been filed.
answer shall contain the matters required in
 
section 6, Rule 2 of these Rules.

RULE 6
ELECTION CONTESTS SEC. 6. Affidavits, documentary and other
SECTION 1. Cases covered. – The evidence. – The parties shall attach to the
provisions of this rule shall apply to election complaint and answer the affidavits of
contests in stock and non-stock witnesses, documentary and other evidence
corporations.
in support thereof, if any.

 
SEC. 2. Definition. – An election contest
refers to

any controversy or dispute involving title or

claim to any elective office in a stock or non-
stock corporation,

validation of proxies,

manner and validity of elections,

qualifications of candidates, including the

proclamation of winners, to the office of
director, trustee or other officer directly
elected by the stockholders in a close
corporation or by members of a non-stock
corporation where the AOI or BL so provide.

SEC. 3. Complaint. – In addition to the

requirements in section 4, Rule 2 of these
Rules, the complaint in an election contest
must state the following:

1. The case was filed within 15 days from the

date of the election if the by-laws of the
corporation do not provide for a procedure
for resolution of the controversy,

or within 15 days from the resolution of the

controversy by the corporation as provided
in its by-laws;

2. The plaintiff has exhausted all intra-

corporate remedies in election cases as
provided for in the by-laws of the
corporation.


SEC. 4. Duty of the court upon the filing of

the complaint. – Within 2 days from the
filing of the complaint, the court may dismiss
the complaint outright if it is not sufficient in