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— These Rules shall apply in all the courts, except as otherwise provided by the Supre e !ourt. Sec. ". Cases governed. — These Rules shall #overn the procedure to be observed in actions, civil or cri inal, and special proceedin#s. $a% & civil action is one by which a party sues another 'or the en'orce ent or protection o' a ri#ht, or the prevention or redress o' a wron#. & civil action ay either be ordinary or special. (oth are #overned by the rules 'or ordinary civil actions, sub)ect to the speci'ic rules prescribed 'or a special civil action. $b% & cri inal action is one by which the State prosecutes a person 'or an act or o ission punishable by law. $c% & special proceedin# is a re edy by which a party see*s to establish a status, a ri#ht, or a particular 'act. !ivil action + one by which a party sues another 'or the en'orce ent or protection o' a ri#ht, or the prevention or redress o' a wron# !ri inal action + one by which the State prosecutes a person 'or an act or o ission punishable by law. Special proceedin# + a re edy by which a party see*s to establish a status, a ri#ht, or a particular 'act Special civil actions are called so because special rules #overn. Sec. ,. In what cases not applicable. — These Rules shall not apply to election cases, land re#istration, cadastral, naturali-ation and insolvency proceedin#s, and other cases not herein provided 'or, except by analo#y or in a suppletory character and whenever practicable and convenient. !ases where the Rules apply only by analo#y or suppletorily 1. election cases 2. land re#istration ". cadastral ,. naturali-ation and
.. insolvency proceedin#s, and /. other cases not herein provided 'or Sec. 5. Commencement of action. — & civil action is co enced by the 'ilin# o' the ori#inal co plaint in court. 0' an additional de'endant is i pleaded in a later pleadin#, the action is co enced with re#ard to hi on the date o' the 'ilin# o' such later pleadin#, irrespective o' whether the otion 'or its ad ission, i' necessary, is denied by the court.
Ordinary Civil Actions (Rules !5"
atter o' the action is real property $e.#. 'oreclosure o' real ort#a#e%
#inds o$ actions Real action + the sub)ect
1ersonal action + the sub)ect ort#a#e% &ction in persona &ction in re
atter o' the action is personal property $e.#. 'oreclosure o' chattel
+ the decision is en'orceable only a#ainst the parties
+ the decision is en'orceable a#ainst the whole world + & real action ay still be an action in persona .
&ction 2uasi in re Rule
Section 1. Ordinary civil actions, basis of. — Every ordinary civil action cause o' action.
ust be based on a
Sec. . Cause of action, defined. — & cause o' action is the act or o ission by which a party violates a ri#ht o' another. !&USE 34 &!T035 + act or o ission by which a party violates a ri#ht o' another. Sec. %. One suit for a single cause of action. — & party a sin#le cause o' action. ay not institute ore than one suit 'or
Sec. &. Splitting a single cause of action; effect of. — 0' two or ore suits are instituted on the basis o' the sa e cause o' action, the 'ilin# o' one or a )ud# ent upon the erits in any one is available as a #round 'or the dis issal o' the others. & plainti'' can not split a sin#le cause o' action, but he the sa e de'endant, sub)ect to the 'ollowin# rules6 1. ust co ply with the rules on )oinder o' parties ay )oin several causes o' action a#ainst
2. )oinder shall not include special civil actions or actions #overned by special rules $e.#. su ary procedure% ". where the causes o' action are between the sa e parties but pertain to di''erent venues or )urisdictions, the )oinder ay be allowed in the RT! provided a. one o' the causes o' action 'alls within the )urisdiction o' the RT! court and b. the venue lies within such RT! ,. where the clai s in all the causes o' action are principally 'or recovery o' a##re#ate a ount clai ed shall be the test o' )urisdiction. RULE % ' PAR(IES (O CIVIL AC(IO)S Section 1. Who may be parties; plaintiff and defendant. — 3nly natural or )uridical persons, or entities authori-ed by law ay be parties in a civil action. The ter 7plainti''8 ay re'er to the clai in# party, the counter9clai ant, the cross9clai ant, or the third $'ourth, etc.%9party plainti''. The ter 7de'endant8 ay re'er to the ori#inal de'endin# party, the de'endant in a counterclai , the cross9de'endant, or the third $'ourth, etc.%9party de'endant. Sec. 2. Parties in interest. — & real party in interest is the party who stands to be bene'ited or in)ured by the )ud# ent in the suit, or the party entitled to the avails o' the suit. Unless otherwise authori-ed by law or these Rules, every action ust be prosecuted or de'ended in the na e o' the real party in interest. Sec. ". Representatives as parties. — :here the action is allowed to be prosecuted or de'ended by a representative or so eone actin# in a 'iduciary capacity, the bene'iciary shall be included in the title o' the case and shall be dee ed to be the real party in interest. & representative ay be a trustee o' an express trust, a #uardian, an executor or ad inistrator, or a party authori-ed by law or these Rules. &n a#ent actin# in his own na e and 'or the bene'it o' an undisclosed principal ay sue or be sued without )oinin# the principal except when the contract involves thin#s belon#in# to the principal. Sec. ,. pouses as parties. — ;usband and wi'e shall sue or be sued )ointly, except as provided by law. Sec. .. !inor or incompetent persons. — & inor or a person alle#ed to be inco petent, ay sue or be sued, with the assistance o' his 'ather, other, #uardian, or i' he has none, a #uardian ad lite . Rule on per issive )oinder o' parties + &ll persons in who or a#ainst who any ri#ht to relie' in respect to or arisin# out o' the sa e transaction or series o' transactions is alle#ed to exist, whether )ointly, severally, or in the alternative, ay )oin as plainti''s or be )oined as de'endants in one co plaint, where any 2uestion o' law or 'act co on to all such plainti''s or to all such oney, the
de'endants ay arise in the action. <is)oinder o' causes o' action is not a #round to dis iss a case. The proper re edy is to severe the other cause o' action and to try separately. =Rule /> Sec. ?. Compulsory "oinder of indispensable parties. — 1arties in interest without who deter ination can be had o' an action shall be )oined either as plainti''s or de'endants. no 'inal
0ndispensable parties — parties in interest without who no 'inal deter ination can be had o' an action. 4ailure to i plead an indispensable party is #round to dis iss the case. 5ecessary party + one who is not indispensable but who ou#ht to be )oined as a party i' co plete relie' is to be accorded as to those already parties, or 'or a co plete deter ination or settle ent o' the clai sub)ect o' the action. 4ailure to i plead a necessary party is a waiver o' the clai a#ainst such party. 0t is not #round to dis iss the case. =Sec. @> Sec. A. #on$"oinder of necessary parties to be pleaded. — :henever in any pleadin# in which a clai is asserted a necessary party is not )oined, the pleader shall set 'orth his na e, i' *nown, and shall state why he is o itted. Should the court 'ind the reason 'or the o ission un eritorious, it ay order the inclusion o' the o itted necessary party i' )urisdiction over his person ay be obtained. The 'ailure to co ply with the order 'or his inclusion, without )usti'iable cause, shall be dee ed a waiver o' the clai a#ainst such party. The non9inclusion o' a necessary party does not prevent the court 'ro proceedin# in the action, and the )ud# ent rendered therein shall be without pre)udice to the ri#hts o' such necessary party. Sec. 1B. %nwilling co$plaintiff. — 0' the consent o' any party who should be )oined as plainti'' can not be obtained, he ay be ade a de'endant and the reason there'or shall be stated in the co plaint. Sec. 11. !is"oinder and non$"oinder of parties. — 5either is)oinder nor non9)oinder o' parties is #round 'or dis issal o' an action. 1arties ay be dropped or added by order o' the court on otion o' any party or on its own initiative at any sta#e o' the action and on such ter s as are )ust. &ny clai a#ainst a is)oined party ay be severed and proceeded with separately. The non9)oinder o' a party which does not cause dis issal re'ers to necessary parties. 5on9 )oinder o' an indispensable party is a #round to dis iss the action. Sec. 12. Class suit. — :hen the sub)ect atter o' the controversy is one o' co on or #eneral interest to any persons so nu erous that it is i practicable to )oin all as parties, a nu ber o' the which the court 'inds to be su''iciently nu erous and representative as to 'ully protect the interests o' all concerned ay sue or de'end 'or the bene'it o' all. &ny party in interest shall have the ri#ht to intervene to protect his individual interest. Re2uisites o' a !lass Suit
'or da a#es 'or in)ury + 'ile a separate case be'ore the courts. 1. where the creditor will have to present evidence on the validity o' his clai 2. where the creditor will have to present evidence on the validity o' his clai C because the a ount sou#ht to be collected is de'inite 2. or by such other desi#nation as the case ay re2uireC when his identity or true na e is discovered. — :here the plainti'' is uncertain a#ainst who o' several persons he is entitled to relie'. 0' the de'endant dies be'ore a case ay be 'iled 1. to any persons so nu erous it is i practicable to )oin all as parties ". be'ore a case is 'iled 1. 1. a'ter a case is 'iled but be'ore )ud# ent . — :henever the identity or na e o' a de'endant is un*nown. real action and action 'or da a#es + 'ile a separate case a#ainst the executorDad inistrator ". althou#h a ri#ht to relie' a#ainst one ay be inconsistent with a ri#ht o' relie' a#ainst the other. 0n the answer o' such de'endant. heir. Sec.. 1". 'or recovery o' property + 'ile a separate case a#ainst the executorDad inistratorC because the a ount o' the clai is unli2uidated ". a nu ber o' the which the court 'inds to be su''iciently nu erous and representative as to 'ully protect the interests o' all concerned sues or de'ends 'or the bene'it o' all . devisee. the pleadin# ust be a ended accordin#ly. Sec. %n'nown identity or name of defendant. 'or recovery o' a su o' oney + 'ile a clai be'ore the estate proceedin#s. — :hen two or ore persons not or#ani-ed as an entity with )uridical personality enter into a transaction. the na es and addresses o' the persons co posin# said entity ust all be revealed. the sub)ect atter o' the controversy is one o' co on or #eneral interest 2. they ay be sued under the na e by which they are #enerally or co only *nown. Sec. 0' the de'endant dies 1. 'or recovery o' su o' oney + 'ile a clai be'ore the estate proceedin#s. he ay be sued as the un*nown owner. he ay )oin any or all o' the as de'endants in the alternative. (ntity without "uridical personality as defendant.1.. &ny party in interest shall have the ri#ht to intervene to protect his individual interest. <ernative defendants..
!ivil cases 1. real action and action 'or da a#es 1% heirs o' the deceased ay be allowed to be substituted. a'ter )ud# ent but be'ore execution 1. i' co petent and willin# to serve ay select. 'orcible entry and unlaw'ul detainer. within a speci'ied ti e. 'or recovery o' a su o' oney + case shall not be dis issed but shall instead be allowed to continue until entry o' 'inal )ud# entC the )ud# ent is then 'iled as a clai in the estate proceedin#sC decedentEs le#al representative should be substituted 'or the decedent. or next o' *in one or ore o' the principal creditors. and en'orce the writ a#ainst hi without #oin# to the probate court ". and account to the executor or ad inistrator 'or any excess. the court ay order the opposin# party. real action and action 'or da a#es + substitute the de'endant with his ad inistrator or executor. 1riority to in the appoint ent to a% b% c% Survivin# spouse.1. a'ter levy on execution $applies only to recovery o' a su o' oney% + continue with the auction sale and the o''icer a*in# the sale shall deliver the proceeds to the plainti''. 2. re#ardless o' a ount o' da a#es $co pensation 'or use o' property% or unpaid rentals . to procure the appoint ent o' an executor or ad inistrator 'or the estate o' the deceased and the latter shall i ediately appear 'or and on behal' o' the deceased. RULE 5 ' U)IFOR* PROCEDURE I) (RIAL COUR(S Rules on su ary procedure are applicable in the 'ollowin# cases be'ore the <T!s 1. 'or su o' oney + present the writ o' execution as a clai court be'ore the probate 2. without re2uirin# the appoint ent o' an executor or ad inistrator and the court ay appoint a #uardian ad lite 'or the inor heirs. other person as the court "% in case con'lict o' interest where a creditor bein# appointed ad inistrator is to appoint a special ad inistrator where the creditor appointed will have to 'ile his own clai 1. 2% 0' no le#al representative appears.
ary procedure cri inal cases ust #o throu#h the Fatarun#an# Sec. civil cases where the total a ount o' the plainti''Es clai does not exceed 11B. Civil Cases 1rocedure in su ary civil cases ary procedure ons 1. cri inal case where the o''ense char#ed is necessarily related to another cri inal case sub)ect to the ordinary procedure. rental law violations ". civil case where the plainti''Es cause o' action is pleaded in the sa e co plaint with another cause o' action sub)ect to the ordinary procedure 2.BBB 'ine Exceptions6 1. preli inary con'erence not later than "B days a'ter the last answer is 'iledC absence o' .. 2. )etermination of applicability Upon 'ilin# o' the initiatory pleadin#. issue su . or a 11.. Recall that cri inal cases that should under#o reconciliation proceedin#s under the Fatarun#an# 1a baran##ay are o''enses punishable by not ore than 1 year or a 'ine not over 1. co plaint is 'iled 2. court declares it 'alls under su ". tra''ic violations 2. ".2. !ri inal cases 1. the court shall declare whether the case is #overned by the rule on su ary procedure. answer to counterclai s or cross9clai s within 1B days 'ro service o' the answer /. de'endant 'iles his answer within 1B days $de'enses and clai s not pleaded are waived.. da a#e to property throu#h cri inal ne#li#ence. except probate proceedin#s. except lac* o' )urisdiction over sub)ect atter% . unicipal or city ordinances violations . ay dis iss the case otu proprioC i' not...BBB There'ore nearly all su 1a bara##ay.BBB exclusive o' interest and costs. where the i posable 'ine does not exceed 11B. penalty not exceedin# /9 onth i prison ent.BBB .
the court either 1. plainti'' + cause 'or the dis issal o' his co plaintC de'endant entitled to )ud# ent on his counterclai as i' plainti'' did not 'ile an answer to the counterclai C all cross9clai s dis issed 2. :hether. answer . within 1B days issuance o' record o' preli inary con'erence /. co pulsory counterclai s ". coverin# 1. cross9clai s in the answer . within "B days a'ter receipt o' the last a''idavits and position papers. days 'ro receipt o' the last clari'icatory a''idavits. 1 or so e o' pleaded a co any de'endants sued under a co on cause o' action who had on de'ense + no adverse e''ect on the de'ense .. to#ether with their position papers. )ud# ent ay be rendered without the need o' 'urther proceedin#s. within 1B days 'ro receipt o' said orderC then render )ud# ent within 1... or the expiration o' the period 'or 'ilin# the sa e &. Pleadings allowed &llowable pleadin#s $ ust all be veri'ied% 1. ter s o' any a icable settle ent 2. aterial 'acts which re ain controverted atters intended to expedite the disposition o' the case. on the basis o' the pleadin#s and the stipulations and ad issions ade by the parties. or the expiration o' the period 'or 'ilin# the sa e. the court issues record o' preli inary con'erence.1. re2uires clari'ication o' certain aterial 'acts. . parties shall sub it the a''idavits o' their witnesses and other evidence on the 'actual issues de'ined in the order. in which event the )ud# ent shall be rendered within "B days 'ro issuance o' the order .. within . sole de'endant + plainti'' shall be entitled to )ud# ent as i' de'endant did not 'ile an answer ". days a'ter the ter ination o' the preli inary con'erence. co plaint 2. . stipulations or ad issions entered into by the parties ". renders )ud# ent 2..
the court can do so only upon otion by the plainti'' to declare the de'endant in de'ault and a'ter plainti'' supports his clai with evidence. This Rule shall not apply where one o' two or ore de'endants sued under a co on cause o' action who had pleaded a co on de'ense shall appear at the preli inary con'erence. . !ross9clai s and co pulsory counterclai s not asserted in the answer shall be considered barred. the plainti'' shall be entitled to )ud# ent in accordance with Section / hereo'. a preli inary con'erence shall be held. the court ay otu propio rule 'or the plainti''. one o' any de'endants sued under a co co on de'ense + case continues on cause o' action who had pleaded a . ?. &nswer.5ote that per issive counterclai s and "rd party co plaints are not allowed. &''ir ative and ne#ative de'enses not pleaded therein shall be dee ed waived. Sec. Sec. except 'or lac* o' )urisdiction over the sub)ect atter. The answer to counterclai s or cross9clai s shall be 'iled and served within ten $1B% days 'ro service o' the answer in which they are pleaded. 0n ordinary civil actions. &ll cross9clai s shall be dis issed. /. the plainti'' + cause 'or the dis issal o' his co plaintC de'endant who appears entitled to )ud# ent on his counterclai as ay be warranted by the 'acts alle#ed. Preliminary conference. the de'endant shall 'ile his answer to the co plaint and serve a copy thereo' on the plainti''. G E''ect o' 'ailure to appear at the preli inary con'erence by 1. The rules on pre9trial in ordinary cases shall be applicable to the preli inary con'erence unless inconsistent with the provisions o' this Rule. 9 5ot later than thirty $"B% days a'ter the last answer is 'iled. 2. 0' a sole de'endant shall 'ail to appear. the sole de'endant +plainti'' entitled to )ud# ent as ay be warranted by the 'acts alle#ed in his co plaint ". Sec. (ffect of failure to answer. 9 :ithin ten $1B% days 'ro service o' su ons. &ll cross9clai s shall be dis issed. The 'ailure o' the plainti'' to appear in the preli inary con'erence shall be a cause 'or the dis issal o' his co plaint. The de'endant who appears in the absence o' the plainti'' shall be entitled to )ud# ent on his counterclai in accordance with Section / hereo'. appearance of parties. 4ailure o' the de'endant to answer + the court shall render )ud# ent as ay be warranted by the 'acts alle#ed in the co plaint and li ited to what is prayed 'orC the court ay in its discretion reduce the a ount o' da a#es and attorneyEs 'ees clai ed 'or bein# excessive or otherwise unconscionable.. 5ote that when the de'endant 'ails to answer in su ary procedure.
Sec.Sec. Hud# ent shall be rendered within 'i'teen $1. within . to#ether with their position papers settin# 'orth the law and the 'acts relied upon by the . the ter s thereo'C b% The stipulations or ad issions entered into by the partiesC. or the expiration o' the period 'or 'ilin# the sa e. except when the o''ense cannot be prosecuted de o'icio% 2. Sec. it ay. the parties shall sub it the a''idavits o' their witnesses and other evidence on the 'actual issues de'ined in the order. the court shall render )ud# ent. The court shall not resort to the clari'icatory procedure to #ain ti e 'or the rendition o' the )ud# ent. with a''idavits o' co plainant and his witnesses. issue an order speci'yin# the atters to be clari'ied.owever should the court 'ind it necessary to clari'y certain aterial 'acts. Rendition of "udgment. &s any copies o' the in'or ation or co plaint. Cri+inal Cases Su ary 1rocedure in !ri inal cases 1.% days a'ter the ter ination o' the preli inary con'erence. 1B. 9 :ithin thirty $"B% days a'ter receipt o' the last a''idavits and position papers. durin# the said period. . days 'ro 'ilin#C otherwise the case ay be dis issed ". in which event the )ud# ent shall be rendered within thirty $"B% days 'ro issuance o' the orderC d% & clear speci'ication o' e% Such other aterial 'acts which re ain controvertedC and atters intended to expedite the disposition o' the case. the court shall issue an order statin# the atters ta*en up therein. or the expiration o' the period 'or 'ilin# the sa e. includin# but not li ited to6 a% :hether the parties have arrived at an a icable settle ent. Record of preliminary conference. 9 :ithin 'ive $. and re2uire the parties to sub it a''idavits or other evidence on the said atters within ten $1B% days 'ro receipt o' said order. in <etro <anila and !hartered cities. !ourt declares i' the case is covered by the rule on su ary procedure . 0nitiated either by co plaint or in'or ation $only by in'or ation. @. as there are accused plus 2. )ud# ent ay be rendered without the need o' 'urther proceedin#s.% days a'ter the receipt o' the last clari'icatory a''idavits. A. 9 :ithin ten $1B% days 'ro receipt o' the order entioned in the next precedin# section. on the basis o' the pleadin#s and the stipulations and ad issions ade by the parties. ubmission of affidavits and position papers. and i' so. c% :hether.
9 The 'ilin# o' cri inal cases 'allin# within the scope o' this Rule shall be either by co plaint or by in'or ation6 1rovided. the court renders )ud# ent within "B days a'ter the ter ination o' trial.. except on rebuttal or surrebuttal .. except when the o''ense cannot be prosecuted de o'icio. however. except 'or 'ailure to appear when re2uiredC &ccused ay be released either on bail or reco#ni-ance . or set arrai#n ent and trial @. There is no hearin# or trial in su ary civil cases. ay testi'y on the stand. parties ust ani'est intention to present additional a''idavits or counter9 a''idavits as part o' his direct evidence. that in <etropolitan <anila and in !hartered !ities. Trial + the a''idavits sub itted by the parties shall constitute the direct testi onies. ". he shall 'orthwith be sentenced. &ccused shall not be arrested. 11.. only the pleadin#s. except rebuttal and sur9 Sec.. . no ad ission by the accused shall be used a#ainst hi and si#ned by the accused and his counsel unless reduced to writin# ediately arrai#ned and 2. and position papers are considered. court re2uires accused to sub it his counter9a''idavit and the a''idavits o' his witnesses and any evidence in his behal' . 4ilin# and service on prosecution o' de'enseEs evidence within 1B days 'ro the order receipt o' /. 5ote that preli inary con'erence is re2uired in both civil and cri inal cases. there is hearin# and actual trial. A. he shall be i i' he enters a plea o' #uilty. !ourt either dis isses the case. 1reli inary con'erence 1. prosecution ay 'ile reply a''idavits within 1B days a'ter receipt o' the counter9a''idavits o' the de'ense. but ad issible 'or the opposin# partyC witnesses ust sub it a''idavits be'ore testi'yin#.. a''idavit. and it should be allowed by the courtC 'iled and served within " days a'ter the ter ination o' the preli inary con'erenceC accused ay 'ile and serve his counter9a''idavits within " days 'ro such service. 0' the accused is in custody 'or the cri e char#ed. court ay dis iss the caseC otherwise. redirect or re9cross exa inationC 'ailure o' a''iant to testi'y will render his a''idavit inco petent 'or the o''eror. ?. 3nly those who have executed a''idavits rebuttal witnesses. sub)ect to cross9exa ination. such cases shall be co enced only by in'or ation. evidence. *ow commenced. 0n civil cases. 0n cri inal cases. 0' co enced by co plaint and patently without basis or erit.
but the adverse party ay utili-e the sa e 'or any ad issible purpose. servin# copies thereo' on the co plainant or prosecutor not later than ten $1B% days 'ro receipt o' said order. upon a consideration o' the co plaint or in'or ation and the a''idavits sub itted by both parties.round for motu propio dismissal of criminal case covered by summary procedure initiated by complaint . Procedure of trial. . 9 &t the trial. Preliminary conference.he court can not dismiss a criminal case outright if it is commenced by information. the court ay dis iss the case outri#ht 'or bein# patently without basis or erit and order the release o' the accused i' in custody. the court shall set the case 'or arrai#n ent and trial.patently without basis or merit. 9 :hen the case is co enced by in'or ation. 0' the accused is in custody 'or the cri e char#ed.% days 'ro date o' 'ilin#. no ad ission by the accused shall be used a#ainst hi unless reduced to writin# and si#ned by the accused and his counsel. the court shall issue an order which. &rraignment and trial. the case ay be dis issed. :itnesses who testi'ied ay be sub)ected to cross9exa ination. 9 $a% If commenced by compliant. 1.owever.. Sec.The co plaint or in'or ation shall be acco panied by the a''idavits o' the co plainant and o' his witnesses in such nu ber o' copies as there are accused plus two $2% copies 'or the courtEs 'iles. 9 Should the court.. 9 (e'ore conductin# the trial. to#ether with copies o' the a''idavits and other evidence sub itted by the prosecution. or such other atters ay be ta*en up to clari'y the issues and to ensure a speedy disposition o' the case. the court shall call the parties to a preli inary con'erence durin# which a stipulation o' 'acts ay be entered into. redirect or re9cross exa ination. he shall 'orthwith be sentenced. it shall order the dis issal o' the caseC otherwise. his a''idavit shall not be considered as co petent evidence 'or the party presentin# the a''idavit. The prosecution ay 'ile reply a''idavits within ten $1B% days a'ter receipt o' the counter9a''idavits o' the de'ense. + . 9 3n the basis o' the co pliant and the a''idavits and other evidence acco panyin# the sa e. . & re'usal or 'ailure to stipulate shall not pre)udice the accused. 0' this re2uire ent is not co plied with within 'ive $. shall re2uire the accused to sub it his counter9a''idavit and the a''idavits o' his witnesses as well as any evidence in his behal'. 1. or the propriety o' allowin# the accused to enter a plea o' #uilty to a lesser o''ense ay be considered. he shall be i enters a plea o' #uilty. Sec. Should the a''iant 'ail to testi'y. ediately arrai#ned and i' he Sec. 12. or is not dis issed pursuant to the next precedin# para#raph. 1". $b% If commenced by information. the a''idavits sub itted by the parties shall constitute the direct testi onies o' the witnesses who executed the sa e. )uty of court. . Sec. 'ind no cause or #round to hold the accused 'or trial.
. 1etition 'or certiorari. 0' allowed by the court. the additional a''idavits o' the prosecution or the counter9 a''idavits o' the de'ense shall be sub itted to the court and served on the adverse party not later than three $"% days a'ter the ter ination o' the preli inary con'erence. no witness shall be allowed to testi'y unless his a''idavit was previously sub itted to the court in accordance with Section 12 hereo'. 1@. 4ailure to co ply with Fatarun#an# 1a baran##ay when re2uired is #round 'or dis issal o' the co plaint. <5T. <e oranda ?. should a party desire to present additional a''idavits or counter9a''idavits as part o' his direct evidence. <otion to declare the de'endant in de'ault A. he shall so ani'est durin# the preli inary con'erence. Sec. 9 The court shall not order the arrest o' the accused except 'or 'ailure to appear whenever re2uired. or prohibition a#ainst any interlocutory order issued by @. 1/. &rrest of accused. This provision shall not apply to cri inal cases where the accused was arrested without a warrant.. 1. the court anda us. Iilatory otions 'or postpone ent . the accused ay 'ile his counter9a''idavits and serve the sa e on the prosecution within three $"% days 'ro such service. <otion to dis iss the co plaint or to 2uash the co plaint or in'or ation. .owever. Sec. except on the #round o' lac* o' )urisdiction over the sub)ect atter. 9 !ases re2uirin# re'erral to the Lupon 'or conciliation under the provisions o' 1residential Iecree 5o. the court shall pro ul#ate the )ud# ent not later than thirty $"B% days a'ter the ter ination o' trial.Except on rebuttal or surrebuttal. 9 :here a trial has been conducted. 0' the additional a''idavits are presented by the prosecution.B@ where there is no showin# o' co pliance with such re2uire ent. statin# the purpose thereo'. a''idavits or any other paper /. or 'ailure to co ply with the Fatarun#an# 1a baran##ay 2. unless the accused was arrested without a warrant. G Prohibited pleadings and motions (Section 19): 1. <otion 'or extension o' ti e to 'ile pleadin#s. /udgment. <otion 'or a bill o' particulars ". shall be dis issed without pre)udice and ay be revived only a'ter such re2uire ent shall have been co plied with. Referral to 0upon. Sec. or otion 'or openin# o' trial )ud# ent . or <'R. 1etition 'or relie' 'ro . 1?. Release o' the person arrested shall either be on bail or on reco#ni-ance by a responsible citi-en acceptable to the court.
Sec. ' --. The decision o' the re#ional trial court in civil cases #overned by this Rule. 3therwise. #I)DS OF PLEADI)/S 1leadin#s are the written state ents o' the respective clai s and de'enses o' the parties sub itted to the court 'or appropriate )ud# ent. & violation o' this re2uire ent ay sub)ect the party or the counsel who sub its the sa e to disciplinary action. 9 The a''idavits re2uired to be sub itted under this Rule shall state only 'acts o' direct personal *nowled#e o' the a''iants which are ad issible in evidence. without pre)udice to a 'urther appeal that ay be ta*en there'ro . RULES . 12A. The co plaint is the pleadin# alle#in# the plainti''Es cause or causes o' action. G Special re2uire ent 'or a''idavits under su ary procedure6 ust state only ad issible evidence and show their co petence to testi'y on such atters. &ffidavits. 9 The )ud# ent or 'inal order shall be appealable to the appropriate re#ional trial court which shall decide the sa e in accordance with Section 22 o' (atas 1a bansa (l#. the o''erin# party or counsel ay be sub)ect to disciplinary action and the inad issible portion is expun#ed. Sec. Section 1B o' Rule ?B $o' the 1A/. Reply 11. shall be i ediately executory. &n answer is a pleadin# in which a de'endin# party sets 'orth his de'enses. 0nterventions. &ppeal. • Su ary decisions are appealable to the RT!.1B. includin# 'orcible entry and unlaw'ul detainer. and shall show their co petence to testi'y to the atters stated therein. De$enses $a% & ne#ative de'ense is the speci'ic denial o' the aterial 'act or 'acts alle#ed in the pleadin# o' the clai ant essential to his cause or causes o' action. Rules o' !ourt% shall be dee ed repealed. and shall be cause to expun#e the inad issible a''idavit or portion thereo' 'ro the record. 2B. The na es and residences o' the plainti'' and de'endant ust be stated in the co plaint. 21. . Third party co plaints 12. RT! decision in e)ect ent cases are i ediately executory.
& per issive counterclai ust also be within the )urisdiction o' the court. arises out o' or is connected with the transaction or occurrence constitutin# the sub)ect atter o' the opposin# partyEs clai and does not re2uire 'or its ad)udication the presence o' third parties o' who the court cannot ac2uire )urisdiction. Counterclai+ is any clai which a de'endin# party ay have a#ainst an opposin# party Re2uire ents 'or a co pulsory counterclai 6 1. ". such clai s shall be set 'orth in an a ended or supple ental co plaint. except that in an ori#inal action be'ore the Re#ional Trial !ourt. & co pulsory counterclai is one which. it would be a co pulsory counterclai . release. a counterclai ay be considered co pulsory re#ardless o' the a ount. ust be within the )urisdiction o' the court both as to the a ount and the nature 0n an ori#inal action be'ore the RT!. & cross9clai is any clai by one party a#ainst a co9party arisin# out o' the transaction or occurrence that is the sub)ect atter either o' the ori#inal action or o' a counterclai therein. 0' the plainti'' wishes to interpose any clai s arisin# out o' the new atters so alle#ed. would nevertheless prevent or bar recovery by hi . and ust not re2uire the presence o' "rd parties over who the court can not ac2uire )urisdiction. statute o' 'rauds. The a''ir ative de'enses include 'raud. & re0ly is a pleadin#. the o''ice or 'unction o' which is to deny. arises out o' or is connected with the transaction or occurrence constitutin# the sub)ect atter o' the opposin# partyEs clai 2. and any other atter by way o' con'ession and avoidance. the counterclai ay be considered co pulsory re#ardless o' the a ount. estoppel. Such a counterclai ust be within the )urisdiction o' the court both as to the a ount and the nature thereo'. otherwise. . ille#ality. dischar#e in ban*ruptcy. bein# co#ni-able by the re#ular courts o' )ustice. 'or er recovery. & counterclai is any clai which a de'endin# party ay have a#ainst an opposin# party. while hypothetically ad ittin# the aterial alle#ations in the pleadin# o' the clai ant. 0' a party does not 'ile such reply. Cross!clai+ is any clai by one party a#ainst a co9party arisin# out o' the transaction or occurrence that is the sub)ect atter either o' the ori#inal action or o' a counterclai therein. or alle#e 'acts in denial or avoidance o' new atters alle#ed by way o' de'ense in the answer and thereby )oin or a*e issue as to such new atters. statute o' li itations.$b% An a$$ir+ative de$ense is an alle#ation o' a new atter which. does not re2uire 'or its ad)udication the presence o' third parties o' who the court cannot ac2uire )urisdiction. pay ent. 0t ust not be connected with the transaction or occurrence constitutin# the sub)ect atter o' the opposin# partyEs clai . all the new atters alle#ed in the answer are dee ed controverted. Such cross9clai ay include a clai that the party a#ainst who it is asserted is or ay be liable to the cross9clai ant 'or all or part o' a clai asserted in the action a#ainst the cross9 clai ant.
a co plete state ent o' the present status thereo'C and ". the court ay. 5ote that 7belie'8 as basis 'or veri'ication has been deleted by a 1 <ay 2BBB a end ent. etc. etc. and belie' there is #ood #round to support itC and that it is not interposed 'or delay.& third $'ourth. called the third $'ourth. or alle#es scandalous or indecent atter therein. and petition 'or review on certiorari% 1. in its discretion. 5ot all pleadin#s need to be veri'ied. RULE 1 ' PAR(S OF A PLEADI)/ Si2ni$icance o$ counsel3s si2nature 1. . i' )urisdiction over the can be obtained. subro#ation or any other relie'. in respect o' his opponentEs clai . that he has not thereto'ore co enced any action or 'iled any clai involvin# the sa e issues in any court. allow such de'iciency to be re edied i' it shall appear that the sa e was due to ere inadvertence and not intended 'or delay. 'or contribution. the court shall order the to be brou#ht in as de'endants. based on 7in'or ation and belie'. Certi$ication a2ainst $oru+ s4o00in2 $applies to initiatory pleadin#sC de Leon6 and also to petitions 'or review. inde nity. or si#ns a pleadin# in violation o' this Rule. 2.%9party co plaint is a clai that a de'endin# party ay. or 'ails to pro ptly report to the court a chan#e o' his address. in'or ation and belie'8 is not su''icient veri'ication. with leave o' court. ". Veri$ication + a''idavit by an a''iant that he has read the pleadin# and that the alle#ations therein are true and correct o' his personal *nowled#e or based on authentic records. i' there is such other pendin# action or clai . 'ile a#ainst a person not a party to the action. !ounsel who deliberately 'iles an unsi#ned pleadin#. in'or ation. )ecessary 0arties + :hen the presence o' parties other than those to the ori#inal action is re2uired 'or the #rantin# o' co plete relie' in the deter ination o' a counterclai or cross9clai .%9party de'endant. days to the court wherein his a'oresaid co plaint or initiatory pleadin# has been 'iled . i' he should therea'ter learn that the sa e or si ilar action or clai has been 'iled or is pendin#. to the best o' his *nowled#e.owever. &n unsi#ned pleadin# produces no le#al e''ect. no such other action or clai is pendin# therein 2. shall be sub)ect to appropriate disciplinary action. tribunal or 2uasi9)udicial a#ency and.8 or upon 7*nowled#e. he shall report that 'act within . The si#nature o' counsel constitutes a certi'icate by hi that he has read the pleadin#C that to the best o' his *nowled#e.
. pertinent provisions o' law on which a de'ense relies on ". This is an exception to the rule that all new atters in the answer are dee ed controverted by 'ailure to 'ile a reply. 4raud or ista*e + particular 2.ence. *nowled#e or other condition o' the ind ust be averred /.. intent.0' dis issal o' a case on the #round o' lac* o' certi'icate a#ainst 'oru shoppin# is silent. <alice. 0' 'oru shoppin# was will'ul and deliberate. co pliance with an order 'or an inspection o' the ori#inal is re'used &lle#ations that ay be #eneral 1. the adverse party is not a party to the instru ent 2. otions. the #enuineness and due execution o' the instru ent shall be dee ed ad itted. o''icial docu ent or o''icial act @. the re edy is to 'ile a bill o' particulars. The opposin# party ust speci'ically deny such docu ent under oath. dis issal shall be with pre)udice. alice. RULE 5 ' *A))ER OF *A#I)/ ALLE/A(IO)S I) PLEADI)/ <anner o' a*in# aver ents o' ind + #eneral 1. conditions precedent .8 not need not be denied under oath. or le#al existence . capacity or authority to sue and be sued. ulti ate 'act. *nowled#e. )ud# ent o' another court or tribunal. otherwise. it is dee ed to be without pre)udice. :hen denial under oath o' an actionable docu ent not re2uired 1. The rule applies only to 7pleadin#s. :here an action or de'ense is based on a docu ent. no evidentiary 'acts 2. the substance o' such docu ent be set 'orth in the pleadin# and a copy thereo' attached as an exhibit. or other condition o' the 0' alle#ation o' 'raud or ista*e is not particular. intent. denial o' unli2uidated da a#es . an actionable docu ent in a <TI 5ote that even docu ents on which a de'ense is based ust be denied under oath. do estic or 'orei#n ?..
action is barred by a prior )ud# ent $res ad)udicata% ... sha or 'alse 2. redundant ". denial o' plainti''Es alle#ations /. <atters that ay be stric*en out 'ro a pleadin# 1. i aterial . then the denial is ine''ective and the aver ent is dee ed ad itted.. 'ailure to answer within the ti e allowed 2. on which the court ay dis iss the clai 6 1. Statute o' li itations Procedure $or declarin2 a de$endin2 0arty in de$ault 1. Juestions as to le#al existence or capacity to sue and be sued 2. otion o' the clai in# party . it ust be shown that the de'endant indeed was in no position to *now the truth o' the aver ent in the co plaint.. lac* o' )urisdiction over the sub)ect atter 2. scandalous RULE 6 ' EFFEC( OF FAILURE (O PLEAD Ie'enses appearin# on the co plaint which are not waived by 'ailure to plead. contest o' an actionable docu ent $under oath% . (ut i' it can be de onstrated that he in 'act was in a position to *now. substance o' an docu ent on which an action or de'ense is based . another action pendin# between the sa e parties 'or the sa e cause $lis pendentia% "..&lle#ations that ust be speci'ic 1. circu stances constitutin# 'raud or ista*e ust be stated with particularity ". denial o' usurious interest $under oath% 4or an alle#ation that de'endant is 7without *nowled#e or in'or ation su''icient to 'or a belie' as to the truth o' a aterial aver ent ade in the co plaint8 to constitute denial. i pertinent .
proper showin# that 1% his 'ailure to answer was due to 'raud. provided 1. 'iled at any ti e a'ter notice o' de'ault and be'ore )ud# ent 2. de'aultin# party still entitled to notice o' subse2uent proceedin#s.? $&nnul ent o' Hud# ents or 4inal 3rders and Resolutions% Actions 74ere no de$aults allo7ed . re2uires the clai ant to sub it evidence $ ay be dele#ated to the cler* o' court%. award unli2uidated da a#es The court has no authority to otu proprio declare a de'endant in de'ault. $4&<E%. notice to the de'endin# party . renders )ud# ent #rantin# the clai ant such relie' as his pleadin# which shall not 1% 2% "% exceed the a ount prayed 'or or be di''erent in *ind 'ro that prayed 'or nor ay warrant. the court shall try the case a#ainst all upon the answers thus 'iled and render )ud# ent upon the evidence presented. E$$ects o$ de$ault 1. and 2% he has a eritorious de'ense ista*e or excusable ne#li#ence 1. 0' the plainti'' does not ove to declare the de'endant in de'ault. accident. court declares the de'endin# party in de'ault .. !ourt either 1.". 0' Rule "@ is no lon#er available. otion ust be under oath ".. then use Rule . or 2. ". but not to ta*e part in the trial 2. the court ay otu proprio dis iss with pre)udice the action on the #round o' 'ailure to prosecute under Rule 1? Sec. de'aultin# party ay ove to set aside the order o' de'ault. :hen so e o' several de'endin# parties answer and the others 'ail to do so.
days 'ro service o' a ended co plaint. unless a di''erent period is 'ixed by the court $answer to the co plaint shall serve as the answer to the supple ental co plaint i' no new or supple ental answer is 'iled%. answer. oversi#ht 2.. )ustice re2uires or cross9clai by a end ent$be'ore )ud# ent% RULE .' . 1. counterclai or cross9clai + within 1B days 'ro service . excusable ne#lect .. i' a ended as a atter o' ri#ht 2. i' de'endant is a 'orei#n private )uridical entity and service o' su ons is ade on the #overn ent o''icial so desi#nated by law + within "B days a'ter receipt o' su ons by the 'orei#n entity ". unless a di''erent period is 'ixed by the court 2. days a'ter service o' su ons. annul ent 2. declaration o' nullity ". 1B days 'ro notice o' ad ission o' a ended co plaint. a ended clai s 1. Krounds to ad it an o itted counterclai 1.' 89E) (O FILE RESPO)SIVE PLEADI)/S 84en res0onse to t4e $ollo7in2 0leadin2s +ust :e $iled 1. le#al separation RULE -. i' a ended with leave o' court $&n answer earlier 'iled ay serve as the answer to the a ended co plaint i' no new answer is 'iled% ".ILL OF PAR(ICULARS . inadvertence ". third or 'ourth party co plaint + within 1. supple ental co plaint + within 1B days 'ro notice o' the ad ittin# court order. ain co plaint.1.
1. the ovin# party ay 'ile his responsive pleadin# within the period to which he was entitled at the ti e o' 'ilin# his otion. the court ay order the stri*in# out o' the pleadin# or the portions thereo' to which the order was directed or a*e such other order as it dee s )ust. 0' the order is not obeyed. or within 1B days 'ro service o' the reply 2. deny it outri#ht 2. Procedure in :ill o$ 0articulars 1. he shall only be entitled to one copy o' any paper served upon hi by the opposite side. or a'ter notice o' denial o' his otion. 0' the otion is #ranted.. which shall not be less than . $no hearin# necessary% the court either 1. unless service upon the party hi sel' is ordered by the court. :here one counsel appears 'or several parties. days in any event. ?. servin# a copy thereo' on the adverse party /. service should be upon his counsel. the co pliance therewith ust be e''ected within 1B days 'ro notice o' the order. 2. allow the parties the opportunity to be heard .. . cler* o' court brin#s it to the attention o' the court ". The bill o' particulars ay be 'iled either in a separate or in an a ended pleadin#. 0' any party has appeared by counsel. or in case o' insu''icient co pliance. application by an adverse party be'ore respondin# to a pleadin#.(ill o' particulars + de'inite state ent o' any atter which is not averred with su''icient de'initeness or particularity to enable the adverse party properly to prepare his responsive pleadin#. . RULE -% ' FILI)/ A)D SERVICE OF PLEADI)/S< =UD/*E)(S A)D O(9ER PAPERS 4ilin# + the act o' presentin# the pleadin# or other paper to the cler* o' court. & bill o' particulars beco es part o' the pleadin# 'or which it is intended. @. &'ter service o' the bill o' particulars or o' a ore de'inite pleadin#. Service + the act o' providin# a party with a copy o' the pleadin# or paper concerned. unless a di''erent period is 'ixed by the court. #rant it outri#ht ".
otherwise it is #round to consider the paper as not 'iled. o''er o' )ud# ent 1B. de and A. its existence in the record o' the case 2. not 'ilin#. pleadin# subse2uent to the co plaint . written /. the date o' the ailin# as shown by the post o''ice sta p on the envelope or the re#istry receipt.Pa0ers re>uired to :e $iled and served 1. and 2% a''idavit o' the person who did the ailin#. resort to odes other than personal service ust be acco panied by a written explanation why the service or 'ilin# was not done personally. (7o 7ays o$ $ilin2 1. notice ?. shall be considered as the date o' their 'ilin# 5ote that 'ilin# ay not be by ordinary only on service o' papers. order . or si ilar papers Except court papers. containin# a 'ull state ent o' ail + by the ail or substituted service. Proo$ o$ $ilin2 1. re#istered 1% re#istry receipt. sendin# the ori#inal copies by re#istered ail.. 1ersonally + written or sta ped ac*nowled# ent o' its 'ilin# by the cler* o' court on a copy 2. resolution ". )ud# ent 2. appearance @. These ethods are available otion .. 0' it is not in the record. who shall endorse on the pleadin# the date and hour o' 'ilin# 2. but is clai ed to have been 'iled 1. personally presentin# the ori#inal copies to the cler* o' court.
. service can not be ade personally or by ail 2. otherwise re#istered ail to residence. personal + co plete upon delivery 2. to / p.. re#istered ail to o''ice. i' *nown 2. with proo' o' 'ailure o' both personal service and service by o' the notice #iven by the post aster to the addressee% ail $certi'ied or sworn copy . substituted service + co plete upon delivery to the cler* o' court Priorities in 0ersonal service o$ 0a0ers 1. i' *nown ". at his residence. 0' no re#istry service is available in the locality o' either the sender or the addressee. whichever is earlier ". Re#istered ail + co plete upon actual receipt. then by leavin# the copy. days receipt o' 'irst notice o' the post aster. the o''ice and residence o' the party or his counsel bein# un*nown ". . service ay be done by ordinary ail. leavin# it in his o''ice with his cler* or with a person havin# char#e thereo' 2. unless the court . ordinary ail + co plete upon expiration o' 1B days a'ter otherwise provides ailin#. or a'ter . i' not possible.a% b% c% d% the date and place o' depositin# the in a sealed envelope addressed to the court with posta#e 'ully prepaid ail in the post o''ice e% with instructions to the post aster to return the delivered Four +odes o$ service o$ 0a0ers ail to the sender a'ter 1B days i' not 1. deliver a copy to the cler* o' court . with a person o' su''icient a#e and discretion then residin# therein Priorities in service :y +ail o$ 0a0ers 1. Re>uisites $or su:stituted service o$ 0a0ers 1. . between @ a.
. — 1roo' o' personal service shall consist o' a written ad ission o' the party served. . acco panied by proo' o' service ons is returned without bein# served on any or all o' the de'endants . his deputy ". proo' shall be ade by such a''idavit and the re#istry receipt issued by the ailin# o''ice. su ons served by 1. service has been co pleted + within . 'ilin# o' the co plaint and the pay ent o' the re2uisite le#al 'ees 2. personally or by re#istered return the su 1. the cler* o' court issues the correspondin# su ons to the de'endants ". to the plainti''Es counsel ons to the cler* who issued it. or .. 0' 1. or the o''icial return o' the server. or in lieu thereo' the unclai ed letter to#ether with the certi'ied or sworn copy o' the notice #iven by the post aster to the addressee. plainti'' will ta*e )ud# ent by de'ault and ay be #ranted the relie' applied 'or. days 'ro 1% and 2% serve a copy o' the return. any suitable person authori-ed by the court issuin# the su reasons . containin# a 'ull state ent o' the date. i' any Procedure in su++ons 1. or the a''idavit o' the party servin#. a notice that unless the de'endant so answers. place and anner o' service.Sec. Proof of service. 1". 0' service is ade by re#istered ail. proo' thereo' shall consist o' an a''idavit o' the person ailin# o' 'acts showin# co pliance with section ? o' this Rule. 0' the service is by ordinary ail. other proper court o''icer. the sheri'' 2. copy o' the co plaint and order 'or appoint ent o' #uardian ad lite .. The re#istry return card shall be 'iled i ediately upon its receipt by the sender. the server shall ons. 'or )usti'iable ail. a direction that the de'endant answer within the ti e 'ixed by these Rules ". na es o' the court and parties to the action 2. 0' a su service. RULE -& ' SU**O)S Contents o$ a su++ons 1.
?% 1. statin# the reasons 'or the 'ailure o' service within . but only i' his identity or whereabouts is un*nown $Rule 1. Sec. !elencio$*errera. &bsent 'ro 1% 2% in re the 1hilippines Substituted service $Rule 1. Sec. Sec. Sec. C&. and )ud# ent can not be secured by attach ent $e.#.. &bsent 'ro 1% the 1hilippines or 2uasi in re + only Extraterritorial service $Rule 1.. /% Substituted service $Rule 1.. Sec.. &5I or 2uasi in re =Citi1en urety v. on de and o' the plainti''. 1.. Sec. 1resent in the 1hilippines 1% 2% "% a% 1ersonal service $Rule 1.... ?% 1ublication.. has been lost% t4e rules on su++ons on de$endant 74o is a 1. 1. ?% Extraterritorial service LRule 1.%.1% server shall serve a copy o' the return on the plainti''Es counsel. 1/ and 1.C action need not be in re =2almonte v. action 'or in)unction% a% b% wait 'or the de'endant to co e to the 1hilippines and to serve su bait the de'endant to voluntarily appear in court $Rule 1. non9resident 1. Sec. 2. 2B% ons then . Sec. Sec.2 S!R& A2 $1AA/%>M or 2uasi 1. /% Substituted service $Rule 1.% &ction in re 2% &ction in persona . "@ S!R& ay issue an alias su ons $also i' su ons b% the action is in re "/A $1A?1%> 1. resident 1. 1resent in the 1hilippines 1% 2% 1ersonal service $Rule 1. days there'ro 2% the cler*.
de'endant ordinarily resides within the 1hilippines. 1/1 S!R& ?"? $1A@@%>. or . in which the de'endant has or clai s a lien or interest. de'endantEs identity or whereabouts 1. or belon#s to the de'endant and has been attached 1. leave o' court 2. but who is te porarily out o' it ". within which the de'endant ust answer &ctions in re or 2uasi in re 1. action either 1.c% plainti'' can 53T resort to extraterritorial service o' su ons =3awasa'i Port ervices v. oriano. 1AA S!R& 2"B $1AA1%. wholly or in part. or the sub)ect o' which is. a''ects the personal status o' the plainti'' or 2. which shall not be less than /B days a'ter notice. with leave o' court Re>uisites $or e?traterritorial service 1. are un*nown and 2. actual or contin#ent. de'endant does not reside and is not 'ound in the 1hilippines. or in which the relie' de anded consists. &mores. Either 1. relates to. cannot be ascertained by dili#ent in2uiry ". relates to. or the sub)ect o' which is. the action is in re or 2uasi in re 2. or 2. Re>uisites $or service :y 0u:lication 1. property within the 1hilippines 1% 2% 'ro "% in which the de'endant has or clai s a lien or interest. in excludin# the de'endant any interest therein. a''ects the personal status o' the plainti'' or 2. and )ial Corporation v. property within the 1hilippines 1. the order shall speci'y a reasonable ti e.
C&. by publication with copy o' the su ons and order o' the court shall be sent by re#istered ail to the last *nown address o' the de'endant.2 S!R& A2 $1AA/%> RULE -. /r. by personal service out o' the 1hilippines 2. or ". a otion to dis iss ay be ade on any o' the 'ollowin# #rounds6 $a% That the court has no )urisdiction over the person o' the de'endin# partyC $b% That the court has no )urisdiction over the sub)ect $c% That venue is i properly laidC $d% That the plainti'' has no le#al capacity to sueC $e% That there is another action pendin# between the sa e parties 'or the sa e causeC $'% That the cause o' action is barred by a prior )ud# ent or by the statute o' li itationsC $#% That the pleadin# assertin# the clai states no cause o' actionC atter o' the clai C $h% That the clai or de and set 'orth in the plainti''Es pleadin# has been paid.rounds.ow extraterritorial service o' su ons e''ected + with leave o' court 1. in excludin# the de'endant 'ro any interest therein. .2. . wholly or in part. 2. or otherwise extin#uishedC $i% That the clai on which the action is 'ounded is unen'orceable under the provisions o' the statute o' 'raudsC and $)% That a condition precedent 'or 'ilin# the clai has not been co plied with. v. ust be ade outside the 1hilippines =2almonte v. 1. e. service by re#istered ail where re#istry return shows actual receipt =Carriaga. !alaya. waived.#.1 $1A@/%> 2. — :ithin the ti e 'or but be'ore 'ilin# the answer to the co plaint or pleadin# assertin# a clai ." S!R& .. or ". belon#in# to the de'endant and has been attached . in which the relie' de anded consists. abandoned. ' *O(IO) (O DIS*ISS Section 1. in any other anner the court ay dee su''icient 1.
abandoned. — The pre9trial is $a% The possibility o' an a icable settle ent or o' a sub ission to alternative resolutionC $b% The si pli'ication o' the issuesC $c% The necessity or desirability o' a end ents to the pleadin#sC $d% The possibility o' obtainin# stipulations or ad issions o' 'acts and o' docu ents to avoid unnecessary proo'C $e% The li itation o' the nu ber o' witnessesC $'% The advisability o' a preli inary re'erence o' issues to a co issionerC . andatory. clai is unen'orceable under the statute o' 'rauds /rounds to dis+iss t4at t4e court +ay invo@e +otu 0ro0rio 1. no )urisdiction over the sub)ect atter . #ature and purpose. The court shall consider6 odes o' dispute Sec. R2B% 0t is now the plainti'' who oves ex parte that the case be set 'or pre9trial. $. cause o' action is barred by the statute o' li itations ". it shall be the duty o' the plainti'' to pro ptly ove ex parte that the case be set 'or pre9trial. the action is barred by statute o' li itations ". 2. — &'ter the last pleadin# has been served and 'iled.a. waived.RULE -1 ' DIS*ISSAL OF AC(IO)S /rounds $or dis+issal t4at :ar re$ilin2 1. the action is barred by a prior )ud# ent 2... there is another action pendin# between the sa e parties 'or the sa e cause RULE -5 ' PRE!(RIAL Section 1. clai or de and set 'orth in the plainti''Es pleadin# has been paid. cause o' action is barred by a prior )ud# ent 2. When conducted. or otherwise extin#uished .
!an have pro''er o' evidence 1ro''er o' evidence only a'ter trial RULE .POE)A Su:0oena is a process directed to a person re2uirin# hi to attend and to testi'y at the hearin# or the trial o' an action. valid cause is shown. but his counsel ust be present. or at any investi#ation conducted by co petent authority. otherwise he ay be sanctioned & icable settle ent is discussed & icable settle ent is not discussed. /rounds $or >uas4in2 a su:0oena duces tecu+ . sub it to alternative odes o' dispute resolution. a representative appears in his behal' 'ully authori-ed in writin# to 1. docu ents.$#% The propriety o' renderin# )ud# ent on the pleadin#s. enter into an a icable settle ent 2. or 2. enter into stipulations or ad issions o' 'acts and o' docu ents Distinctions :et7een 0re!trial in civil and cri+inal cases !ivil 1re9trial <andatory 1resence o' de'endant and counsel andatory !ri inal 1re9trial <andatory &ccused need not be present. and ". /rounds $or e?cused a:sence o$ a 0arty at t4e 0re!trial 1. 0t ay also re2uire hi to brin# with hi any boo*s. or o' dis issin# the action should a valid #round there'or be 'ound to existC $h% The advisability or necessity o' suspendin# the proceedin#sC and $i% Such other atters as ay aid in the pro pt disposition o' the action. or su ary )ud# ent.' SU. unless the cri inal case is covered by su ary procedure &#ree ent included in pre9trial order need &#ree ents or ad issions ust be written and not be in writin# si#ned by the accused and counsel to be ad issible a#ainst hi . or 'or the ta*in# o' his deposition. in which case it is called a subpoena duces tecu . or other thin#s under his control.
or 2.... unreasonable and oppressive. deposition shall not be ta*en 2. witness 'ees and *ilo etra#e allowed by these Rules were not tendered when the subpoena was served /rounds $or >uas4in2 a su:0oena ad testi$icandu+ 1. not privile#ed. upon otion seasonably ade by any party or by the person to be exa ined and 'or #ood cause shown. certain .1. or ". 1roduction or 0nspection o' Iocu ents o' Thin#s /. relevancy o' the ob)ect does not appear. Iepositions 1endin# &ctions 2. the person in whose behal' the subpoena is issued 'ails to advance the reasonable cost o' the production o' the ob)ect . Iepositions (e'ore &ction or 1endin# &ppeal ". *ODES OF DISCOVERA #inds o$ de0ositions 1. it ay be ta*en only on written interro#atories atters shall not be in2uired into . is relevant to the sub)ect o' the pendin# action &'ter notice is served 'or ta*in# a deposition by oral exa ination. witness 'ees and *ilo etra#e allowed by these Rules were not tendered when the subpoena was served RULES % ' 6. the witness is not bound thereby 2. 0nterro#atories to 1arties . the court in which the action is pendin# ay a*e an order that 1. and 2. &d ission by &dverse 1arty .. 1hysical and <ental Exa ination o' 1ersons (4e de0onent +ay :e e?a+ined re2ardin2 any +atter 1. it ay be ta*en only at so e desi#nated place other than that stated in the notice ".
&t any ti e durin# the ta*in# o' the deposition ". was present or represented at the ta*in# o' the deposition. the court ay i pose upon either party or upon the witness the re2uire ent to pay such costs or expenses as the court ay dee reasonable. it shall be resu ed therea'ter only upon the order o' the court in which the action is pendin#... or 2. 0n #rantin# or re'usin# such order. e barrass.. showin# that the exa ination is bein# conducted in bad 'aith or to unreasonably to annoy. a otion or 2. the scope o' the exa ination shall be held with no one present except the parties to the action and their o''icers or counsel /. the parties shall si ultaneously 'ile speci'ied docu ents or in'or ation enclosed in sealed envelopes to be opened as directed by the court A. (4e de0osition +ay :e used a2ainst any 0arty 74o 1. or oppression. Re>uisites $or a court order to ter+inate or li+it t4e sco0e and +anner o$ ta@in2 o$ t4e de0osition 1. an interlocutory proceedin# . issued by the court in which the action is pendin# or the RT! o' the place where the deposition is bein# ta*en 0' the order ade ter inates the exa ination. or research need not be disclosed @. any other order which )ustice re2uires to protect the party or witness 'ro e barrass ent. upon the hearin# o' 1. a'ter bein# sealed the deposition shall be opened only by order o' the court ?. or oppress the deponent or party . Upon de and o' the ob)ectin# party or deponent. &t the trial or 2. develop ents. annoyance. otion or petition o' any party or o' the deponent 2. secret processes. the ta*in# o' the deposition shall be suspended 'or the ti e necessary to a*e a notice 'or an order. who had due notice 84en de0osition +ay :e used 1.
'ourth9party. and so 'orth. the deponent is a party 2. sic*ness. plainti'' shall adduce evidence in support o' his co plaint 2. at the ti e o' ta*in# the deposition. in'ir ity. the deponent. or association which is a party Instances 74en t4e de0osition o$ any 7itness +ay :e used :y any 0arty $or any 0ur0ose 1. third9party de'endant. Instances 74en t4e de0osition o$ any 7itness +ay :e used :y t4e adverse 0arty $or any 0ur0ose 1.. shall adduce evidence in support o' their de'ense. the witness is out o' the 1hilippines. cross9 clai and 'ourth9party co plaintC . i' only part o' a deposition is o''ered in evidence by a party RULES %B!% .&ny deposition ay be used by any party 'or the purpose o' contradictin# or i peachin# the testi ony o' deponent as a witness. de'endant shall then adduce evidence in support o' his de'ense. (RIAL Order o$ trial + the trial shall be li ited to the issues stated in the pre9trial order and shall proceed as 'ollows 1. shall adduce evidence o' his de'ense.. cross9clai and third9party co plaint ". i' any. counterclai . was an o''icer. the witness is unable to attend or testi'y because o' a#e.. or ana#in# a#ent o' a public or private corporation. upon application and notice. i' any. that such exceptional circu stances exist as to a*e it desirable. o''eror has been unable to procure the attendance o' the witness by subpoenaC or /. in the interest o' )ustice and with due re#ard to the i portance o' presentin# the testi ony o' witnesses orally in open court. parties a#ainst who any counterclai or cross9clai has been pleaded. director. unless it appears that his absence was procured by the o''eror . or i prison ent . to allow the deposition to be usedC ?. the witness resides at a distance hearin# ore than 1BB *ilo eters 'ro the place o' trial or ". the witness is deadC or 2. partnership. in the order to be prescribed by the courtC .. shall adduce evidence o' the the C aterial 'acts pleaded by . counterclai .
per its the to adduce evidence upon their ori#inal caseC and ?. and so 'orth. as deter ined by the court in case o' several de'endants or third9party de'endants. unless the court. depositions. otion served at least 1B days be'ore the ti e speci'ied 'or the hearin# 2. Upon ad ission o' the evidence. court otherwise directs 'or special reasons ". hearin# . or ad issions ust be served by the adverse party at least " days be'ore the hearin# ". the case shall be dee ed sub itted 'or decision. The parties ay then respectively adduce rebuttin# evidence only. any opposin# a''idavits. when separate trial o' any clai or issue is ordered 2. havin# separate de'enses who appear by di''erent counsel RULE %% ' DE*URRER (O EVIDE)CE Distin2uis4 de+urrer to evidence in civil and cri+inal cases Ie urrer to Evidence in !ivil !ases Ie urrer to Evidence in !ri inal !ases Kround is6 4acts and law show no ri#ht to #round is6 0nsu''icient evidence relie' 3n otion 3n otion or otu proprio 0' denied + he has ri#ht to present evidence. 'or #ood reasons and in the 'urtherance o' )ustice. E?ce0tions to t4e order o$ trial 1./. unless the court directs the parties to ar#ue or to sub it their respective e oranda or any 'urther pleadin#s. 0' denied and <TI was 'iled without leave o' no prior leave o' court re2uiredC 0' #ranted court + waiver o' ri#ht to present evidenceC 0' but reversed on appeal it is a waiver o' the denied and <TI was 'iled with leave o' court ri#ht to present evidence + the accused ay adduce evidence in his de'ense RULE %5 ' SU**ARA =UD/*E)( Procedure in su++ary Cud2+ents 1.
depositions. !ourt a*es an order speci'yin# the 'acts that appear without substantial controversy. 4&<E which ordinary prudence could not have #uarded a#ainst and by reason o' which such a##rieved party has probably been i paired in his ri#htsC or 2. i' )ud# ent is not rendered upon the whole case or 'or all the relie's sou#ht and a trial is necessary. the ovin# party is entitled to a )ud# ent as a atter o' law. with reasonable dili#ence. and the trial shall be conducted only on the controverted 'acts.. which he could not. Distin2uis4 :et7een Cud2+ent on t4e 0leadin2s and su++ary Cud2+ent Hud# ent on the 1leadin#s &vailable only a clai ant There is no tender o' issue Hud# ent based on pleadin#s only <otion 'or )ud# ent on the pleadin#s be served at least " days prior to the scheduled hearin# RULES %1!%6 ' POS( =UD/*E)( /rounds $or ne7 trial — :ithin the period 'or ta*in# an appeal when the 'ollowin# causes aterially a''ects the substantial ri#hts o' the a##rieved party 1. aterial ". have discovered and produced at the trial. ad issions ust <otion 'or su ary )ud# ent ust be served at least 1B days prior to the scheduled hearin# . supportin# a''idavits. includin# the extent to which the a ount o' da a#es or other relie' is not in controversy. show that 1. and directin# such 'urther proceedin#s in the action as are )ust. and ad issions on 'ile. except as to the a ount o' da a#es. and which i' presented would probably alter the result. )ud# ent sou#ht shall be rendered 'orthwith i' the pleadin#s. there is no #enuine issue as to any 'act and 2.. Su ary Hud# ent &vailable to both clai ant and de'endin# parties There is no #enuine issue Hud# ent based on pleadin#s. . 5ewly discovered evidence. The 'acts speci'ied as without substantial controversy shall be dee ed established. a''idavits.. exist without substantial controversy. are actually and in #ood 'aith controverted .. and 2. depositions. the court ascertains what aterial 'acts 1.
in special proceedin#s and 2. by record on appeal + within "B days a'ter notice to appellant o' )ud# ent 5o extension o' ti e to 'ile <'R or <5T shall be allowed !ontents o' the notice o' appeal 'ro <T! 1. 2uasi9)udicial a#encies + petition 'or review $Rule . 5ote that in notice appeal 'ro <T!. other cases o' ultiple or separate appeals. to the S! + petition 'or review on certiorari $Rule . the evidence is insu''icient to )usti'y the decision or 'inal order.. and ".% .1% 2.2% ". or ".. the )ud# ent or 'inal order or part thereo' appealed 'ro . the court to which the appeal is ta*en need not be stated. to the RT! 'ro 2. the RT! in its ori#inal )urisdiction + notice o' appeal $Rule . to the !& 'ro 1. by notice o' appeal + within 1.?% 1eriod to appeal + interrupted by <5T or <'R 1. days a'ter notice to appellant o' )ud# ent 2. the aterial dates showin# the ti eliness o' the appeal. ."% ./rounds $or reconsideration + :ithin the sa e period 1. the parties to the appeal 2. &nnul ent o' Hud# ents or 4inal 3rders and Resolutions $Rule . the decision or 'inal order is contrary to law RULES &B!&% ' APPEALS There are ? odes o' appeal under the !ivil 1rocedure the <T! + notice o' appeal $Rule . the da a#es awarded are excessive 2. & record on appeal shall be re2uired only in 1. the court to which the appeal is ta*en is re2uired to be stated. the RT! in its appellate )urisdiction + petition 'or review $Rule .B% 1.. 0n notice o' appeal 'ro the RT!.
'ull na es o' all the parties stated in the caption 2. 4ro 2uasi9)udicial a#encies to the !&. . the appeal is directly to the S! by petition 'or review on certiorari. or li'e i prison ent. the record on appeal shall include by re'erence all the related evidence. the appeal is still to the !&.. interlocutory orders . (ut 'urther appeal 'ro the RT! to the !&.!ontents o' the record on appeal $sa e as in appeals 'ro RT!% 1. The a ount o' supersedeas bond should be the a ount o' bac* rentals. 4ailure to pay rentals eans execution ensues. execution can no lon#er be stayed.. petitions. copies o' only such related pleadin#s. the appeal is by petition 'or review. include the )ud# ent or 'inal order 'ro which the appeal is ta*en ". !ases that #o to the S! are by petition 'or review on certiorari. testi onial and docu entary /. or o' a particular atter therein when declared by these Rules to be appealable. execution is stayed only i' an appeal is ade to the RT!. The only instance when a case can #o to the S! on notice o' appeal is in cri inal cases where the penalty i posed is reclusion perpetua. 0t is stayed only i' the !& issues a preli inary in)unction. &ppeal by itsel' does not stay execution o' the decision. such data as will show that the appeal was per'ected on ti e. Sub)ect index when the record on appeal exceeds 2B pa#es otions and all 0n e)ect ent )ud# ents. 5o appeal ay be ta*en 'ro 6 otion 'or new trial or reconsiderationC $a% &n order denyin# a . A00eal $ro+ t4e R(C (Rule &-" &n appeal ay be ta*en 'ro a )ud# ent or 'inal order that co pletely disposes o' the case. in chronolo#ical order. 1ure 2uestions o' law decided by RT! in its appellate )urisdiction. supersedeas bond is 'iled and rentals continues to be paid pendin# appeal. 0' an issue o' 'act is to be raised on appeal. 3n pure 2uestions o' law decided by RT! in its ori#inal )urisdiction.
but The period to 'ile a petition 'or review ay be extended by the appellate court. days 'ro notice o' the decision sou#ht to be reviewed or o' the denial o' petitionerEs <5T or <'RC extendible by another 1. otion 'or new trial or reconsideration shall be allowed. Period o$ ordinary a00eal 1. The period o' appeal shall be interrupted by a ti ely 5o otion 'or extension o' ti e to 'ile a otion 'or new trial or reconsideration. days to 'ile a petition 'or review 'ro only the re ainin# period to 'ile a notice o' appeal. 0n all the above instances where the )ud# ent or 'inal order is not appealable. denial o' the <4R or <5T. within "B days 'ro notice o' the )ud# ent or 'inal order. the a##rieved party ay 'ile an appropriate special civil action under Rule /. but the period to 'ile a notice o' appeal ay not be extended by the court a 2uo. con'ession or co pro ise on the #round o' 'raud. counterclai s.$b% &n order denyin# a petition 'or relie' or any si ilar $c% &n interlocutory orderC $d% &n order disallowin# or dis issin# an appealC otion see*in# relie' 'ro )ud# entC $e% &n order denyin# a otion to set aside a )ud# ent by consent. cross9clai s and third9party co plaints. days 'ro notice o' the )ud# ent or 'inal order appealed 'ro 2. unless the court allows an appeal there'ro C and $h% &n order dis issin# an action without pre)udice. days only with co pellin# reason & party has a 'resh 1. within 1. or any other #round vitiatin# consentC $'% &n order o' executionC $#% & )ud# ent or 'inal order 'or or a#ainst one or ore o' several parties or in separate clai s. . daysC 'urther extension o' 1. while the ain case is pendin#.. where a record on appeal is re2uired. ista*e or duress. Petition $or Revie7 $ro+ t4e R(C to t4e CA (Rule & 1eriod to 'ile and serve petition 'or review 'ro RT! to !& + 1.
sur ises or con)ecturesC the in'erence ade is ani'estly ista*en. a period to 'ile a petition 'or review ay be extended by 1. /rounds $or +otu 0ro0io dis+issal o$ t4e 0etition $or revie7 1.A CER(IORARI (O (9E SUPRE*E COUR( 4indin#s o' the !& $a% $b% $c% $d% $e% ay be reviewed by the S! when6 the conclusion is a 'inin# #rounded entirely on speculations. The period to 'ile a notice o' appeal is also not extendible./ $1A@. whether 'ro 2uasi9 3rdinary appeals )udicial a#encies or 'ro the RT! 1etitioner has 'resh 1.The period to 'ile <5T or <'R is always non9extendible.owever. the 2uestions raised therein are too unsubstantial to re2uire consideration 1etitions 'or review. absurd. 1"@ S!R& . days.%> . another 1. /abson. patently without erit 2. or ". days 'ro notice o' denial o' <5T or <'R to appeal 1eriod ay be extended 5on9extendible Re2uires certi'icate o' non9'oru shoppin# Ioes not re2uire certi'icate o' non9'oru shoppin# !& ay dis iss otu propio !& has to entertain the appeal RULE &5 ' APPEAL . or i possibleC there is #rave abuse o' discretioinC the )ud# ent is based on isapprehension o' 'actsC 'indin# o' 'acts are con'lictin#C . and 'or the ost co pellin# reason.=*abaluyas v. days. days 'ro notice o' 1etitioner has only the re ainder o' the denial o' <5T or <'R to petition 'or review ori#inal 1. prosecuted ani'estly 'or delay.
respectively The parties are the a##rieved party and the respondent. 0' he should therea'ter learn that a si ilar action or proceedin# has been 'iled or is pendin# be'ore the S!. !& or other tribunal or a#encyC ".. or acted without or in excess o' )urisdiction <ust be 'iled not later than /B days 'ro notice o' the )ud# ent or order or resolution Re2uired to be 'iled within 1. !& or other tribunal or a#encyC 2. days 'ro notice o' the )ud# ent or 'inal order or resolution appealed 'ro or o' denial o' otion 'or new trial or consideration The parties are the appellants and the appellees as petitioners and respondents. he underta*es to pro ptly in'or said courts and such other tribunal or a#ency within . To the best o' his *nowled#e. !ases where ultiple appeals are allowed6 1. Rule &5 ' A00eal :y Certiorari 3nly 2uestions o' law ay be raised Rule . 1etitioner has not co enced any other action or proceedin# involvin# the sa e issues in the S!. and Rule /. no such action or proceedin# is pendin# be'ore the S!. E inent do ain .$'% the !&.5 ' S0ecial Civil Action $or Certiorari The only 2uestion that ay be raised is whether or not the respondent has acted with #rave abuse o' discretion. in a*in# the 'indin#s. the tribunal exercisin# )udicial 'unction Re2uire ents 'or petitions 'iled with the Supre e !ourt and the !ourt o' &ppeals 1. &ctions 'or recovery o' property with accountin# 2. went beyond the issues o' the case and the sa e is contrary to the ad issions adeC $#% !& ani'estly overloo*ed certain relevant 'acts not disputed by the parties and which i' properly considered would )usti'y a di''erent conclusion Iistinctions between Rule . 0' there is such other action or proceedin# pendin#.. he ust state the status o' the sa eC .. days there'ro . etc.
except when the case is not allowed by law to be co pro isedC $b% To de'ine. si pli'y and clari'y the issues 'or deter inationC $c% To 'or ulate stipulations o' 'acts and ad issions o' docu entary exhibits. or directives o' the court without )usti'iable causeC and $i% The 'act that the order or )ud# ent appealed 'ro is not appealable. o issions or additions in the approved record on appeal as provided in section .1C $d% Unauthori-ed alterations. or those within its appellate )urisdiction where a otion 'or new trial is #ranted on the #round o' newly discovered evidenceC and $d% To ta*e up such other atters which ay aid the court in the pro pt disposition o' the case. o' Rule . 4oreclosure ort#a#e RULE &5 ' PRELI*I)ARA CO)FERE)CE Section 1. li it the nu ber o' witnesses to be presented in cases 'allin# within the ori#inal )urisdiction o' the court.C $#% 4ailure o' the appellant to ta*e the necessary steps 'or the correction or co pletion o' the record within the ti e li ited by the court in its orderC $h% 4ailure o' the appellant to appear at the preli inary con'erence under Rule .. or o' pa#e re'erences to the record as re2uired in section 1". $c%.". the court counsel to a preli inary con'erence6 ay call the parties and their $a% To consider the possibility o' an a icable settle ent. . para#raphs $a%. o' Rule . &t any ti e durin# the pendency o' a case. $d% and $'% o' Rule . circulars.C $e% 4ailure o' the appellant to serve and 'ile the re2uired nu ber o' copies o' his brie' or e orandu within the ti e provided by these RulesC $'% &bsence o' speci'ic assi#n ent o' errors in the appellantEs brie'.B%6 $a% 4ailure o' the record on appeal to show on its 'ace that the appeal was ta*en within the period 'ixed by these RulesC $b% 4ailure to 'ile the notice o' appeal or the record on appeal within the period prescribed by these RulesC $c% 4ailure o' the appellant to pay the doc*et and other law'ul 'ees as provided in section .. KR3U5IS 43R I0S<0SS&L 34 &11E&L $RULE .@ or to co ply with orders.
. petitions 'or 1. 4ailure to pay the re2uisite doc*et 'ee and other law'ul 'ees or to costsC a*e a deposit 'or . anda us . reclusion perpetua or li'e i prison ent. prohibition ". Lac* o' erit in the petitionC ". 2uo warranto . disciplinary proceedin# a#ainst e bers o' the )udiciary and attorneys. /rounds $or dis+issal o$ a00eal :e$ore t4e SC 1. other public &n appeal to the Supre e !ourt ay be ta*en only by a petition 'or review on certiorari. it ust be by pettion 'or review on certiorari. is o' such a character as would probably chan#e the result. the newly discovered evidence.". 1.. cases a''ectin# a bassadors. acco panied by a''idavits showin# 1. certiorari 2. the 'acts constitutin# the #rounds there'oreC and 2. 1. 2. 'iled a'ter appeal has been per'ected and be'ore the !& loses )urisdiction.ence 'or any civil decision by the !& to #o to the S!.. 4ailure to co ply with the reauire ents re#ardin# proo' o' service and contents o' and the docu ents which should acco pany the petitionC . Kround is newly discovered evidence which 1. could not have been discovered prior to the trial in the court below by the exercise o' due dili#ence and 2. Ori2inal cases co2niDa:le :e$ore t4e SC (Rule 5. habeas corpus /. ".. and inisters and consuls ?. 4ailure to ta*e the appeal within the re#le entary periodC 2.Re>uisites $or *otion $or )e7 (rial :e$ore t4e CA (Rule 5%". except in cri inal cases where the penalty i posed is death.
#inds o$ attac4+ent 1. credits or other ncorporeal property which belon#s to the party but is in the possession or under the control o' "rd persons. 'actor.. Error in the choice or ode o' appealC and ?. . 2uasi9contract. the #rantin# o' which lies within the sound discretion o' the )ud#e ta*in# co#ni-ance o' the principal case upon whose existence it depends. 4ailure to co ply with any circular. delict or 2uasi9delict a#ainst a party who is about to depart 'ro the 1hilippines with intent to de'raud his creditorsC 2. contract. Karnish ent is a 'or o' attach ent which re'ers to oney. &ttach ent + property is attached at any ti e be'ore entry o' )ud# ent. 1reli inary attach ent + #iven at the be#innin# or durin# the pendency o' the action. or an o''icer or a corporation. PROVISIO)AL RE*EDIES (RULES 51!. or an attorney. on a cause o' action arisin# 'ro law. The 'act that the case is not appealable to the Supre e court. stoc*s. Preli+inary Attac4+ent 1reli inary &ttach ent + a provisional re edy. 0n an action 'or the recovery o' a speci'ied a ount o' oney or da a#es. 1urpose o' attach ent + to secure a contin#ent lien on de'endantEs property until plainti'' can obtain a )ud# ent and have such property applied to its satis'action or to a*e provision 'or unsecured debts in cases where the eans o' satis'action thereo' are liable to be re oved beyond the )urisdiction or i properly disposed o' or concealed or placed beyond the reach o' creditors. 4inal attach ent + #iven upon ter ination o' the case to en'orce or satis'y a 'inal and executory )ud# ent &ttach ent #enerally re'ers to corporeal property in the possession o' a party. directive or order o' the Supre e !ourt without )usti'iable causeC /. other than oral and exe plary. by which the property o' an adverse party is ta*en into le#al custody as a security 'or the satis'action o' any )ud# ent that ay be recovered by the plainti'' or any proper party.. or be'ore )ud# ent beco es 'inal 2. 0n an action 'or oney or property e be--led or 'raudulently isapplied or converted to his own use by a public o''icer. Instances u0on 74ic4 attac4+ent +ay issue 1. incidental and ancillary to a principal action or proceedin#. Execution + property is levied a'ter entry o' )ud# ent. -.-".
1reli inary 2. or is procurin# or su''erin# to be done. 0n an action a#ainst a party who does not reside and is not 'ound in the 1hilippines. . or is about to do so. Preli+inary InCunction (Rule 55" Finds o' in)unction 1. and tendin# to render the )ud# ent ine''ectual. has been concealed. in which case it shall be *nown as a preli inary andatory in)unction. re2uirin# a party or a court.. or any part thereo'. or on who su ons ay be served by publication. 1rohibitory 1. 0n an action to recover the possession o' property un)ustly or 'raudulently ta*en. 0n an action a#ainst a party who has been #uilty o' a 'raud in contractin# the debt or incurrin# the obli#ation upon which the action is brou#ht. preli inary 2. or by any other person in a 'iduciary capacity. court. a#ent.bro*er. /rounds $or issuance o$ 0reli+inary inCunction 1. 'inal 1reli inary 0n)unction + an order #ranted at any sta#e o' an action or proceedin# prior to the )ud# ent or 'inal order. or in the per'or ance thereo'C . detained or converted.. <andatory + an order which re2uires the per'or ance o' a particular act or acts 1. when the property. 0n an action a#ainst a party who has re oved or disposed o' his property. threatenin# or is atte ptin# to do. in the course o' his e ploy ent as such. so e act or acts probably in violation o' the ri#hts o' the applicant respectin# the sub)ect o' the action or proceedin#. the co ission. or 'or a will'ul violation o' dutyC ". or disposed o' to prevent its bein# 'ound or ta*en by the applicant or an authori-ed personC . a party. continuance or non9per'or ance o' the act or acts co plained o' durin# the liti#ation would probably wor* in)ustice to the applicantC or ". a#ency or a person to re'rain 'ro a particular act or acts. or cler*. the applicant is entitled to the relie' de anded. re oved. . 'inal ". 0t ay also re2uire the per'or ance o' a particular act or acts. with intent to de'raud his creditorsC or /. or in re2uirin# the per'or ance o' an act or acts either 'or a li ited period or perpetuallyC 2. and the whole or part o' such relie' consists in restrainin# the co ission or continuance o' the act or acts co plained o'. a#ency or a person is doin#.
the adverse party is a nonresident o' the 1hilippines Sta2es o$ inCunction ?2 hour TR3 1. to#ether with a copy o' the co plaint or initiatory pleadin# and the applicantEs a''idavit and bond. by service o' su ons. veri'ied application showin# 'acts entitlin# the applicant to the relie' de anded 2. i' the atter is o' extre e ur#ency and the applicant will su''er #rave in)ustice and irreparable in)ury 2. Exception6 court in)ury ay issue TR3 i' plainti'' ay su''er #rave or irreparable 84en 0rior or conte+0oraneous service o$ su++ons is not re>uired 1. without hearin# . issued by executive )ud#e o' a ultiple9sala court or the presidin# )ud#e o' a sin#le9sala court ". KR6 hearin#. therea'ter 1% ust ons and other docu ents serve su 2% conduct su ary hearin# to deter ine whether the TR3 shall be extended to 2B days until the application 'or preli inary in)unction can be heard 2B9day TR3 1. upon the adverse party in the 1hilippines. bond conditioned on payin# the party en)oined all da a#es which he ay sustain by reason o' the in)unction or te porary restrainin# order i' the court should 'inally decide that the applicant was not entitled thereto ". issued ex parte. 0' it shall appear 'ro the 'acts shown by a''idavits or by the veri'ied application that #reat or irreparable in)ury would result to the applicant be'ore the atter can be heard on notice 2.Re>uisites $or 0reli+inary inCunction or te+0orary restrainin2 order 1. 0' application is included in initiatory pleadin# 1% 5otice o' ra''le shall be preceded. su ons could not be served personally or by substituted service despite dili#ent e''orts 2. or conte poraneously acco panied.. . the adverse party is a resident o' the 1hilippines te porarily absent ".
by service o' su ons. total e''ectivity o' TR3 shall 1% 2% "% not exceed 2B days. &'ter lapse o' the 2B day TR3. the court can still #rant a preli inary in)unction. 2% Ra''led only a'ter notice to and in the presence o' the adverse party or the person to be en)oined 1.. but is not re2uired in TR3s. . issued with su ary hearin# $to deter ine whether the applicant will su''er #reat or irreparable in)ury% within 2. i' issued by a RT! or <T! not exceed /B days. 0' application is included in initiatory pleadin# 1% 5otice o' ra''le shall be preceded. i' issued by the S! 1. upon the adverse party in the 1hilippines. includin# the ori#inal ?2 hours. 1reli inary in)unction 1. hours a'ter sheri''Es return o' service andDor records are received by the branch selected by ra''le 2. :ithin 2B9day period court ust 9 order said party or person to show cause why the in)unction should not be #ranted 9 deter ine whether or not the preli inary in)unction shall be #ranted.2% Ra''led only a'ter notice to and in the presence o' the adverse party or the person to be en)oined 1. and accordin#ly issue the correspondin# order. e ber thereo' . to#ether with a copy o' the co plaint or initiatory pleadin# and the applicantEs a''idavit and bond. i' issued by the !& or a until 'uther orders. TR3 is auto atically vacated upon expiration o' the period and without #rantin# o' preli inary in)unction 2. . or conte poraneously acco panied. 1. &pplicant posts a bond 2. 4inal in)unction 5ote that a bond is re2uired only in preli inary in)unctions.earin# and prior notice to the party sou#ht to be en)oined 2. e''ectivity is not extendible without need o' any )udicial declaration to that e''ect ". no court shall have authority to extend or renew the sa e on the sa e #round 'or which it was issued.
and that its value is probably insu''icient to dischar#e the ort#a#e debt. Roura. when it does not see reasonable to the court that either party should hold it 1urpose o' receivership + to preserve. or dispose o' property in liti#ation. other #rounds upon a''idavit o' the party or person en)oined ". ad inister. G 5ote that TR3s issued by the S! are e''ected until 'urther orders. or otherwise to carry the )ud# ent into e''ectC . Paras v. or that the parties have so stipulated in the contract o' ort#a#eC ". #rave in)ustice ust also be shown. appointed by the court to receive and preserve the property or 'und in liti#ation pendente lite. pendente lite Instances 74en receivers4i0 +ay :e 2ranted 1. or aterially in)ured unless a receiver be appointed to ad inister and preserve it 2. insu''iciency o' the surety or sureties -. appears a'ter hearin# that irreparable da a#e to the party or person en)oined will be caused while the applicant can be 'ully co pensated 'or such da a#es as he ay su''er. to preserve the property durin# the pendency o' an appeal. (ut in the ?2 hour TR3. &'ter )ud# ent. 0n the 2B day TR3. /rounds $or o:Cection to< or $or +otion o$ dissolution o$< inCunction or restrainin2 order 1.. or to dispose o' it accordin# to the )ud# ent. upon showin# o' insu''iciency o' the application 2. Receivers4i0 (Rule 56" Receiver + an indi''erent person between the parties to a case. and the party en)oined 'iles a counterbond .5ote that irreparable in)ury is always a re2uisite in TR3s. or to aid execution when the execution has been returned unsatis'ied or the )ud# ent obli#or re'uses to apply his property in satis'action o' the )ud# ent. and that such property or 'und is in dan#er o' bein# lost. 1/" S!R& 1 $1A@@% :ithout a preli inary in)unction. the #round is #reat or irreparable in)ury. a TR3 issued by the !& expires without necessity o' court action. the party applyin# 'or the appoint ent o' a receiver has an interest in the property or 'und which is the sub)ect o' the action or proceedin#. insu''iciency o' the bond .. in an action by the ort#a#ee 'or the 'oreclosure o' a ort#a#e that the property is in dan#er o' bein# wasted or dissipated or aterially in)ured.
in *eepin# with the 'inancial capacity o' the 'a ily... estate. or corporation o' which he is the receiver . to divide the oney and other property that shall re ain a on# the persons le#ally entitled to receive the sa e A. even beyond the a#e o' a)ority. education and transportation. clothin#. person.-" 1rovisions o' the 4a ily !ode6 &rt. Transportation shall include expenses in #oin# to and 'ro school. property. to collect debts due to hi sel' as receiver or to the 'und. :henever in other cases it appears that the appoint ent o' a receiver is the ost convenient and 'easible eans o' preservin#. 1A. ad inisterin#. 'unds in the hands o' a receiver ay be invested only by order o' the court upon the written consent o' all the parties to the action.B" & party prayin# 'or the recovery o' possession o' personal property ay. in such capacity. Re0levin (Rule . $2ABa% . The education o' the person entitled to be supported re'erred to in the precedin# para#raph shall include his schoolin# or trainin# 'or so e pro'ession. edical attendance.owever.. or disposin# o' the property in liti#ation. Support co prises everythin# indispensable 'or sustenance. or to and 'ro place o' wor*. in the anner hereina'ter provided Su00ort Pendente Lite (Rule . to a*e trans'er ?. to pay outstandin# debts @. to co pound 'or and co pro ise the sa e /. actions in his own na e 2.. ay be 'iled by or a#ainst a receiver without leave o' the court which appointed hi .. /eneral 0o7ers o$ receiver 1. apply 'or an order 'or the delivery o' such property to hi . to do such acts respectin# the property as the court ay authori-e. dwellin#. trade or vocation. to receive rents . . to brin# and de'end. to ta*e and *eep possession o' the property in controversy ". at the co ence ent o' the action or at any ti e be'ore answer. 5o action .
bein# o' a#e..% Le#iti ate brothers and sisters.&rt. whether o' 'ull or hal'9blood &rt. 1A/. (rothers and sisters not le#iti ately related.. are li*ewise bound to support each other to the 'ull extent set 'orth in &rticle 1A. Sub)ect to the provisions o' the succeedin# articles. the 'ollowin# are obli#ed to support each other to the whole extent set 'orth in the precedin# article6 $1% The spousesC $2% Le#iti ate ascendants and descendantsC $"% 1arents and their le#iti ate children and the le#iti ate and ille#iti ate children o' the latterC $. except only when the need 'or support o' the brother or sister. 1A. . whether o' the 'ull or hal'9blood. is due to a cause i putable to the clai antEs 'ault or ne#li#ence.% 1arents and their ille#iti ate children and the le#iti ate and ille#iti ate children o' the latterC and $.
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