KMRules of Procedure

RULE 5 MOTIONS 23
SPECIAL RULES RULE 6 PROHIBITED PLEADINGS

RULE 7 FILING FEES AND CASH DEPOSITS
23
23
OF PROCEDURE RULE 8 PRODUCTION AND CUSTODY OF BALLOT
BOXES, ELECTION DOCUMENTS, DATA STORAGE

DEVICES AND PCOS MACHINES USED IN THE
And Statutory Sources of Remedial ELECTIONS (A) 24
Law RULE 9 PRELIMINARY CONFERENCE 24
RULE 10 REVISION OF BALLOTS 25
Supplement to the Rules of Court RULE 11 TECHNICAL EXAMINATION 27
RULE 12 PHOTOCOPYING OF BALLOTS 27
TABLE OF CONTENTS RULE 13 PRESENTATION OF EVIDENCE 27
RULE 14 DECISION 28
A.M. No. 07-4-15-SC | RULES OF PROCEDURE IN RULE 15 COSTS, DAMAGES AND ATTORNEY’S FEES
ELECTION CONTESTS BEFORE THE COURTS 29
INVOLVING ELECTIVE MUNICIPAL AND BARANGAY RULE 16 ELECTRONIC EVIDENCE 29
OFFICIALS 3 RULE 17 AUTHENTICATION OF ELECTRONIC
RULE 1 SCOPE 3 DOCUMENTS AND DATA 30
RULE 2 ELECTION CONTESTS 3 RULE 18 FINAL PROVISIONS 30
RULE 3 SUMMONS 4
A.M. No. 10-4-29-SC | THE 2010 RULES OF THE
RULE 4 ANSWER AND COUNTER-PROTEST 4
PRESIDENTIAL ELECTORAL TRIBUNAL 30
RULE 5 MOTIONS 5
TITLE AND CONSTRUCTION 30
RULE 6 PROHIBITED PLEADINGS 5
THE TRIBUNAL 31
RULE 7 FILING FEES AND CASH DEPOSITS 5
ELECTION CONTESTS 32
RULE 8 PRODUCTION AND CUSTODY OF BALLOT
SUMMONS, ANSWERS AND COUNTER-PROTESTS
BOXES AND ELECTION DOCUMENTS 6
32
RULE 9 PRELIMINARY CONFERENCE 6
FILING FEES, CHARGES AND DEPOSITS 33
RULE 10 REVISION OF BALLOTS 7
PRODUCTION AND CUSTODY OF BALLOT BOXES,
RULE 11 TECHNICAL EXAMINATION 8 ELECTION DOCUMENTS, DATA STORAGE DEVICES,
RULE 12 PHOTOCOPYING OF BALLOTS 8 AND MACHINES USED IN ELECTIONS 34
RULE 13 PRESENTATION OF EVIDENCE 8 REVISION OF VOTES 34
RULE 14 DECISION 9 TECHNICAL EXAMINATION 36
RULE 15 COSTS, DAMAGES AND ATTORNEY'S FEES SUBPOENAS 36
10 RECEPTION EVIDENCE 36
RULE 16 TRANSITORY PROVISION 10 INITIAL DETERMINATION OF THE GROUNDS FOR
RULE 17 FINAL PROVISIONS 10 PROTEST 37
VOTING 37
A.M. No. 00-8-10-SC | RULES OF PROCEDURE ON
CORPORATE REHABILITATION (2008) 10 DECISION 37
RULE 1 COVERAGE 10 COSTS 38
RULE 2 DEFINITION OF TERMS AND SUPPLEMENTARY RULES 38
CONSTRUCTION 11 AMENDMENT 38
RULES 3 GENERAL PROVISIONS 11 EFFECTIVITY 38
RULE 4 DEBTOR-INITIATED REHABILITATION 15
A.M. No. 15-04-06-SC | FINANCIAL LIQUIDATION AND
RULE 5 CREDITOR-INITIATED REHABILITATION 17 SUSPENSION OF PAYMENTS RULES OF PROCEDURE
RULE 6 PRE-NEGOTIATED REHABILITATION 17 FOR INSOLVENT DEBTORS (2015) 38
RULE 7 RECOGNITION OF FOREIGN PROCEEDINGS RULE 1 Coverage and General Provisions 38
18 RULE 2 Liquidation of Insolvent Juridical Debtors 39
RULE 8 PROCEDURAL REMEDIES 19 RULE 3 Insolvency of Individual Debtors 41
RULE 9 FINAL PROVISIONS 19 A. Suspension of Payments 41
ANNEX "A" AFFIDAVIT OF GENERAL FINANCIAL B. Voluntary Liquidation 42
CONDITION 19
C. Involuntary Liquidation 42
A.M. No. 10-4-1-SC | 2010 RULES OF PROCEDURE FOR RULE 4 Provisions Common to Liquidation in
MUNICIPAL ELECTION CONTESTS 20 Insolvency of Individual and Juridical Debtors 44
RULE I SCOPE 20 A. The Liquidation Order 44
RULE 2 ELECTION CONTESTS 21 B. Secured Creditors 44
RULE 3 SUMMONS 22 C. The Liquidator 45
RULE 4 ANSWER AND COUNTER-PROTEST 22 D. Determination of Claims 46
© Compiled by Rehne Gibb N. Larena | JD-2 | University of San Carlos

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

E. Avoidance Proceedings 46

RA No 9285 | Alternative Dispute Resolution Act of
F. The Liquidation Plan 47 2004 92
RULE 5 Procedural Remedies 47 CHAPTER 1 - GENERAL PROVISIONS 92
RULE 6 Effectivity 48 CHAPTER 2 - MEDIATION 93
Rules on Procedure in the Investigation, Prosecution CHAPTER 3 - OTHER ADR FORMS 95
and Trial of Criminal Cases 48 CHAPTER 4 - INTERNATIONAL COMMERCIAL
ARBITRATION 95
PART I. Prosecution of Offenses 48
CHAPTER 5 - DOMESTIC ARBITRATION 96
PART II. INQUEST 50 CHAPTER 6 - ARBITRATION OF CONSTRUCTION
DISPUTES 96
PART III. PRELIMINARY INVESTIGATION 52 CHAPTER 7 - JUDICIAL REVIEW OF ARBITRAL
AWARDS 96
PART IV. PETITION FOR REVIEW 58
A. DOMESTIC AWARDS 96
PART V. BAIL 59 B. FOREIGN ARBITRAL AWARDS 97
PART VI. ARREST 61 CHAPTER 8 - MISCELLANEOUS PROVISIONS 97

PART VII. ARRAIGNMENT AND PLEA 61
PART VIII. PRE-TRIAL 61
PART IX. TRIAL' 62
BP Blg 129 | The Judiciary Reorganization Act of 1980

64
PRELIMINARY CHAPTER 64
CHAPTER I COURT OF APPEALS 64
CHAPTER II REGIONAL TRIAL COURTS 65
CHAPTER III METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS, AND MUNICIPAL
CIRCUIT TRIAL COURTS 71
CHAPTER IV GENERAL PROVISIONS 73
PD No 1606 | An Act Establishing the Sandiganbayan 74
RA No 6770 | Ombudsman Act 77
RA No 6981 | Witness Protection, Security and Benefit

Act 81
THE 2012 IMPLEMENTING RULES AND REGULATIONS

OF R.A. NO. 6981 83
ARTICLE I Definition of Terms 84
ARTICLE II Implementors of the Program 84
ARTICLE III Program Application 85
ARTICLE IV Effectivity of Admission 86
ARTICLE V Types of Admission 86
ARTICLE VI Memorandum of Agreement 86
ARTICLE VII Assistance to Witnesses 86
ARTICLE VIII Waiver of Benefits 87
ARTICLE IX Custody by Other Government Agencies
87
ARTICLE X Grounds for Termination of Coverage 87
ARTICLE XI Periodic Evaluation of Coverage 87
ARTICLE XII Re-instatement and Re-admission 87
ARTICLE XIII Action to Protect Witnesses and
Implementors 88
ARTICLE XIV Confidentiality 88
ARTICLE XV Violations and Penalty 88
ARTICLE XVI Effectivity 88
RA No 8493 | Speedy Trial Act of 1998 88
RA No 8369 | Family Courts Act of 1997 90

© Compiled By RGL 2 of 98


(e) Compel the attendance of persons to testify in a

case pending therein;
A.M. No. 07-4-15-SC | RULES OF (f) Administer or cause to be administered oaths in a
PROCEDURE IN ELECTION CONTESTS case pending therein, and in all other cases where it
BEFORE THE COURTS INVOLVING may be necessary in the exercise of its powers;
(g) Amend and control its processes and orders so as to
ELECTIVE MUNICIPAL AND BARANGAY make them conformable to law and justice; and
OFFICIALS (h) Authorize a copy of a lost or destroyed pleading or
other paper to be filed and used instead of the original
and to restore and supply deficiencies in its records and
proceedings.
RULE 1 SCOPE SEC. 5. Means to carry jurisdiction into effect. - All
SECTION 1. Coverage. - These Rules shall govern the auxiliary writs, processes, and other means necessary to
filing of pleadings, practice and procedure in election carry into effect its powers or jurisdiction may be
protests and petitions for quo warranto before courts of employed by the court and, if the procedure to be
general jurisdiction and courts of limited jurisdiction followed in the exercise of such jurisdiction is not
relating to elective municipal and barangay officials. specifically provided by law or these Rules, the court
may adopt any suitable process or mode of process
SEC. 2. Application of the Rules of Court. - The Rules which appears conformable to the spirit of said law or
of Court shall apply by analogy or in a suppletory rules.
character, and whenever practicable and convenient.
SEC. 3. Definitions. - As used in these Rules:
RULE 2 ELECTION CONTESTS
(a) Courts - refer to the Regional Trial Courts or the
Municipal Trial Courts, including the Metropolitan Trial SECTION 1. Jurisdiction of regional trial courts. -
Courts, Municipal Trial Courts in Cities, Municipal Trial Regional trial courts shall have exclusive original
Courts and Municipal Circuit Trial Courts. jurisdiction over all election contests involving elective
municipal officials.
(b) Election - means the choice or selection of
candidates to public office by popular vote through the SEC. 2. Jurisdiction of municipal trial courts. -
use of the ballot. Specifically, it may refer to the conduct Municipal trial courts shall have exclusive original
of the polls, including the listing of voters, the holding jurisdiction over all election contests involving elective
of the electoral campaign, and the casting and barangay officials.
counting of ballots and canvassing of returns. SEC. 3. How initiated. - An election contest is initiated
(c) Election Contests - refer to election protests or by the filing of an election protest or a petition for quo
petitions for quo warranto. warranto against an elective municipal or barangay
official. An election protest or a petition for quo
(d) Election Protest - refers to an election contest warranto shall be filed directly with the proper court in
relating to the election and returns of elective officials, three legible copies plus such number of copies
grounded on frauds or irregularities in the conduct of corresponding to the number of protestees or
the elections, the casting and counting of the ballots respondents.
and the preparation and canvassing of returns. The
issue is who obtained the plurality of valid votes cast. An election protest shall not include a petition for quo
warranto, nor shall a petition for quo warranto include
(e) Quo Warranto under the Omnibus Election Code - an election protest.
refers to an election contest relating to the
qualifications of an elective official on the ground of SEC. 4. Modes of service and filing. - Service and filing
ineligibility or disloyalty to the Republic of the of pleadings, including the initiatory petition and other
Philippines. The issue is whether respondent possesses papers, shall be done personally. Except with respect to
all the qualifications and none of the disqualifications papers emanating from the court, a resort to other
prescribed by law. modes of service must be accompanied by a written
explanation why the service or filing was not done
(f) Revision of Ballots - refers to the process of a recount personally. A violation of this Rule shall be cause to
of the ballots involving physical counting and consider the pleading or paper as not filed.
segregation of ballots for the protestant, protestee and
other candidates for the same position and the SEC. 5. Election protest. - A petition contesting the
recording of objections and claims to ballots. election or returns of an elective municipal or barangay
official shall be filed with the proper regional trial court
(g) Promulgation - refers to the process by which a or municipal trial court by any candidate who was
decision is published, officially announced, made voted for the same office and who received the second
known to the public and delivered to the clerk of court or third highest number of votes or, in a multi-slot
for filing, coupled with notice to the parties or their position, was among the next four candidates following
counsel. the last-ranked winner duly proclaimed, as reflected in
SEC. 4. Inherent powers of the court. - When the official results of the election contained in the
performing its functions, a court shall have the inherent Statement of Votes By Precinct. The party filing the
power to: protest shall be designated as the protestant; the
adverse party shall be known as the protestee.
(a) Preserve and enforce order in its immediate
presence; Each contest shall refer exclusively to one office;
however, contests for offices of Sangguniang Bayan or
(b) Enforce order in proceedings before it, or before a
Sangguniang Barangay may be consolidated in one
person or persons empowered to conduct a judicial
case.
investigation under its authority;
SEC. 6. Quo Warranto. - A petition for quo warranto
(c) Compel obedience to its judgments, orders and
against an elective municipal or barangay official shall
processes, and to the lawful orders of a judge out of
be filed with the proper regional trial court or municipal
court, in a case pending therein;
trial court by any registered voter who has voted in the
(d) Control, in furtherance of justice, the conduct of its election concerned. The party filing the petition shall be
ministerial officers, and of all other persons in any designated as the petitioner; the adverse party shall be
manner connected with a case before it, in every known as the respondent.
manner appertaining thereto;


SEC. 7. Petition must be verified and accompanied (b) The petition is insufficient in form and content as
by a certificate of non-forum shopping. - An election required in Section 11 hereof;
protest or a petition for quo warranto shall be verified (c) The petition is filed beyond the period prescribed in
by an affidavit stating that the affiant has read the these Rules;
petition and that the allegations therein are true and
correct of affiant's own knowledge or based on (d) The filing fee is not paid within the period for filing
authentic records. A verification based on "information the election protest or petition for quo warranto; and
and belief" or upon the "knowledge, information and (e) In case of protest where a cash deposit is required,
belief" is not a sufficient verification. the cash deposit is not paid within five days from the
The protestant or petitioner shall sign personally the filing of the protest.
certificate of non-forum shopping which must be
annexed to the election protest or petition for quo
warranto. RULE 3 SUMMONS
An unverified petition or one with insufficient SECTION 1. Summons. - Within twenty-four hours from
verification or unaccompanied by a certificate of the filing of the protest or petition, the clerk of court
non-forum shopping shall be dismissed outright and shall issue the corresponding summons to the
shall not suspend the running of the reglementary protestee or respondent, together with a copy of the
period to file an election protest or petition for quo protest or petition, requiring the filing of an answer
warranto. within a non-extendible period of five days from notice.
SEC. 8. Period to file protest or petition; SEC. 2. Service of summons. - The summons shall be
non-extendible. - The election protest or petition for served by handing a copy to the protestee or
quo warranto shall be filed within the non-extendible respondent in person or, in case of refusal of the
period of ten days following the date of proclamation. protestee or respondent to receive and sign for it, by
tendering the same.
SEC. 9. Pendency of pre-proclamation controversy. -
The pendency of a pre-proclamation controversy If, for justifiable causes, the protestee or respondent
involving the validity of the proclamation as defined by cannot be served in person as provided above, service
law shall suspend the running of the period to file an may be effected by leaving copies of the summons at:
election protest or petition for quo warranto. (a) the residence of protestee or respondent with some
SEC. 10. COMELEC judgment in disqualification case. person of suitable age and discretion residing therein,
- A decision of the Commission on Elections, either in or
division or en banc, in a disqualification case shall not (b) the office or regular place of business of protestee or
bar the filing of a petition for quo warranto based on respondent with some competent person in charge
the same ground, except when the Supreme Court has thereof.
affirmed the COMELEC decision.
SEC. 3. By whom served. - The summons shall be
SEC. 11. Contents of the protest or petition. - An election served by the sheriff, deputy sheriff, process server or
protest or petition for quo warranto shall specifically any suitable person authorized by the court issuing the
state the following facts: summons.
(a) the position involved;
(b) the date of proclamation; and RULE 4 ANSWER AND COUNTER-PROTEST
(c) the number of votes credited to the parties per SECTION 1. Verified answer; counter-protest. - The
proclamation. answer shall be verified and may set forth admissions
An election protest shall also state: and denials, special and affirmative defenses and a
compulsory counterclaim. The protestee may
(d) the total number of precincts of the municipality or incorporate a counter-protest in the answer. Within five
the barangay concerned; days from receipt of the summons and a copy of the
(e) the protested precincts and votes of the parties in protest or petition, the protestee or respondent shall
the protested precincts per the Statement of Votes By file an answer in three legible copies, with proof of
Precinct or, if the votes of the parties are not specified, service of a copy upon the protestant or petitioner.
an explanation why the votes are not specified; and The counter-protest shall specify the counter-protested
(f) a detailed specification of the acts or omissions precincts and any votes of the parties therein per the
complained of showing the electoral frauds, anomalies Statement of Votes By Precinct, or, if not so specified,
or irregularities in the protested precincts. an explanation why the votes are not specified, and a
SEC. 12. Raffle of cases. - The Supreme Court shall detailed specification of the acts or omissions
designate the courts which shall take cognizance of complained of showing the electoral frauds, anomalies
election protests and petitions for quo warranto. or irregularities in the counter-protested precincts.
Assignment of cases to such courts shall be done SEC. 2. Answer to counterclaim or counter-protest. -
exclusively through raffle conducted by the executive The protestant or petitioner shall answer the
judge or by the judges designated by the Supreme counterclaim or counter-protest within a
Court. No court may assume jurisdiction over an non-extendible period of five days from notice.
election contest unless assigned to it by raffle. SEC. 3. Allegations in the answer. -
Twenty-four hours before the raffle, the clerk of court
must serve notice personally on the parties, stating its (a) Specific denial. - A protestee or respondent must
date and time. Proof of service shall be submitted. The specify each material allegation of fact the truth of
raffle shall be open to the public. The Supreme Court which is not admitted and, whenever practicable, shall
shall issue the necessary circular implementing this set forth the substance of the matters relied upon in
proviso. support of the denial. The protestee or respondent shall
specify so much of the averments that are true and
The Court may order a change of venue or place of trial material and shall deny the remainder.
for compelling reasons to avoid a miscarriage of justice.
(b) Allegations not specifically denied deemed
SEC. 13. Summary dismissal of election contest. - The admitted. - Material averment in the protest or petition,
court shall summarily dismiss, motu proprio, an other than the amount of unliquidated damages and
election protest, counter-protest or petition for quo issues as to the appreciation of ballots, shall be deemed
warranto on any of the following grounds: admitted when not specifically denied.
(a) The court has no jurisdiction over the subject matter;


SEC. 4. Effect of failure to plead. - deemed submitted for resolution. The court shall
(a) Defenses and objections not pleaded. - Defenses resolve the motion within five days.
and objections not pleaded are deemed waived.
However, when it appears from the pleadings or the RULE 6 PROHIBITED PLEADINGS
evidence on record that the court has no jurisdiction
over the subject matter, that there is another action SECTION 1. Prohibited pleadings and motions. - The
pending between the same parties for the same cause, following pleadings, motions or petitions shall not be
or that the action is barred by a prior judgment or the allowed in the cases covered by these Rules:
statute of limitations, the court shall dismiss the claim. (a) Motion to dismiss the petition except on the ground
(b) Compulsory counterclaim or cross-claim not set up of lack of jurisdiction over the subject matter;
barred. - A compulsory counterclaim, or a cross-claim (b) Motion for a bill of particulars;
not set up shall be barred.
(c) Demurrer to evidence;
(c) Effect of failure to answer. -I n an election protest
that does not involve ballot revision or a petition for quo (d) Motion for new trial, or for reconsideration of a
warranto, if the protestee or respondent fails to file an judgment, or for reopening of trial;
answer within the time allowed, the court shall, upon (e) Petition for relief from judgment;
motion of the protestant or petitioner with notice to the
protestee or respondent and upon proof of such failure, (f) Motion for extension of time to file pleadings,
proceed to render judgment on the basis of the affidavits or other papers;
allegations of the verified election protest or petition for (g) Memoranda, except as provided under Section 7,
quo warranto granting the relief prayed for, unless the Rule 13 of these Rules;
court in its discretion requires the protestant or
(h) Motion to declare the protestee or respondent in
petitioner to submit evidence ex parte.
default;
However, in the case of election protests involving
(i) Dilatory motion for postponement;
ballot revision or examination, verification or
re-tabulation of the election returns, the court shall (j) Motion to inhibit the presiding judge except on
order such revision of ballots or examination, clearly valid grounds;
verification or re-tabulation of election returns. The (k) Reply or rejoinder; and
court shall proceed to render judgment based on the
results of the revision or examination, verification or (l) Third-party complaint.
re-tabulation of election returns. During the revision or SEC. 2. Grounds to dismiss must be set up in the
examination, verification or re-tabulation of election answer. - All grounds to dismiss an election protest or
returns, only the revisors of the protestant may petition for quo warranto must be set up or pleaded as
participate. The protestee or duly authorized affirmative or special defenses. Defenses not raised are
representative has the right to be present and observe deemed waived. The court may, in its discretion, hold a
the proceedings without the right to object and make preliminary hearing on the grounds so pleaded.
claims to ballots and election returns.
SEC. 5. How to compute time. - In computing any
period of time prescribed or allowed by these Rules, or RULE 7 FILING FEES AND CASH DEPOSITS
by order of the court, or by any applicable statute, the SECTION 1. Filing fees. - No protest, counter-protest or
day of the act or event from which the designated petition for quo warranto shall be accepted for filing
period of time begins to run is to be excluded and the without the payment of a filing fee in the amount of
date of performance included. If the last day of the Three Thousand Pesos (P3,000.00) for each interest.
period, as thus computed, falls on a Saturday, a Sunday,
or a legal holiday in the place where the court sits, the If claims for damages and attorney's fees are set forth in
time shall not run until the next working day. a protest or counter-protest, additional filing fees shall
be paid in accordance with the schedule provided for in
SEC. 6. Amendments; limitations. - After the Rule 141 of the Rules of Court, as amended.
expiration of the period for the filing of the election
protest, counter-protest or petition for quo warranto, SEC. 2. Cash deposit. - (a) In addition to the fees
substantial amendments that broaden the scope of the prescribed in the preceding section, the protestant in
action or introduce an additional cause or causes of an election protest requiring revision of ballots or
action may be allowed only upon leave of court. Such examination, verification or re-tabulation of election
leave may be refused if it appears to the court that the returns, or which may require the bringing to the court
motion was made with intent to delay. Any of copies of other election documents and
amendment in matters of form, such as a defect in the paraphernalia, shall make a cash deposit with the court
designation of the parties and other clearly clerical or in the following amounts:
typographical errors, may be summarily corrected by (1) One Thousand Pesos (P1,000.00) for each precinct
the court at any stage of the proceedings, at its involved in the protest or counter-protest; provided
initiative or on motion, provided no prejudice is caused that, in no case shall the deposit be less than
thereby to the adverse party. Twenty-Five Thousand Pesos (P25,000.00) to be paid
upon the filing of the election protest (counter-protest);
RULE 5 MOTIONS (2) If the amount to be deposited does not exceed One
Hundred Thousand Pesos (P100,000.00), the same shall
SECTION 1. Motions must be in writing. - Except those be paid in full within ten days after the filing of the
made in open court during the course of the protest; and
proceedings, all motions shall be in writing.
(3) If the deposit exceeds One Hundred Thousand Pesos
SEC. 2. Proof of service necessary. - No written motion (P100,000.00), a cash deposit in the amount of One
shall be acted upon by the court without proof of Hundred Thousand Pesos (P100,000.00) shall be made
service on the adverse party. within ten days after the filing of the protest.
SEC. 3. No hearings on motions. - Motions shall not be The balance shall be paid in such installments as may
set for hearing, unless the court directs otherwise. No be required by the court with at least five days advance
oral argument shall be allowed in support thereof. The notice to the party required to make the deposit.
adverse party may file written objections five days from
The cash deposit shall be applied by the court to the
its service upon the expiration of which such motion is
payment of the compensation of revisors as provided
under Section 3, Rule 10 of these Rules and of all


expenses incidental to revision but not limited to protestant and protestee based on the number of
supplies and miscellaneous expenses of the revision precincts respectively contested by them.
committee. When the court determines that the
circumstances so demand, as when the deposit has
been depleted, it may require additional cash deposits. RULE 9 PRELIMINARY CONFERENCE
Any unused cash deposit shall be returned to the party SECTION 1. Preliminary conference; mandatory. -
making the same after complete termination of the Within three days after filing of the last responsive
protest or counter-protest. pleading allowed by these Rules, or the expiration of
The same amount of cash deposit shall be required the same period without any responsive pleading
from the protestee (counter-protestant), should having been filed, the court shall conduct a mandatory
continuation of revision be ordered pursuant to preliminary conference among the parties to consider:
paragraph 2, Section 9, Rule 10 of these Rules. Once (1) The simplification of issues;
required, the protestee (counter-protestant) shall pay
the cash deposit within a non-extendible period of (2) The necessity or desirability of amendments to the
three days from receipt of the corresponding order. pleadings;
(b) Failure to make the cash deposits required within (3) The possibility of obtaining stipulations or admission
the prescribed time limit shall result in the automatic of facts and of documents to avoid unnecessary proof;
dismissal of the protest, or counter-protest. (4) The limitation of the number of witnesses;
(5) The nature of the testimonies of the witnesses and
RULE 8 PRODUCTION AND CUSTODY OF whether they relate to evidence aliunde the ballots, or
otherwise;
BALLOT BOXES AND ELECTION DOCUMENTS
(6) The withdrawal of certain protested or
SECTION 1. Issuance of precautionary protection counter-protested precincts (especially those where the
order. - Where the allegations in a protest so warrant, ballot boxes or ballots are unavailable or are missing
and simultaneously with the issuance of summons, the and cannot be located or destroyed due to natural
court shall order the municipal treasurer and election disasters or calamities);
officer concerned to take immediate steps or measures
to safeguard the integrity of all the ballot boxes, lists of (7) The number of revision committees to be
voters with voting records, books of voters and other constituted;
documents or paraphernalia used in the election. (8) The procedure to be followed in case the election
SEC. 2. When ballot boxes and election documents protest or counter-protest seeks, wholly or partially, the
are brought before the court. - Within forty-eight examination, verification or re-tabulation of election
hours from receipt of the answer with counter-protest, returns; and
if any, and whenever the allegations in a protest or (9) Such other matters as may aid in the prompt
counter-protest so warrant, the court shall order the disposition of the case.
ballot boxes with their keys, lists of voters with voting
records, books of voters and other documents or SEC. 2. Notice through counsel. - The notice of
paraphernalia involved in the protest or preliminary conference shall be served on counsel or on
counter-protest, to be brought before it. the party who has no counsel. Notice to counsel is
notice to the party, as counsel is charged with the duty
The court shall notify the parties of the date and time to notify the party represented.
for the retrieval from their respective custodians of the
ballot boxes and election documents. The parties may SEC. 3. Appearances of parties. - It shall be the duty of
send representatives to witness the activity. The the parties and counsel to appear before the court in
absence, however, of a representative of a party shall person at the preliminary conference.
not be reason to postpone or delay the bringing of the SEC. 4. Preliminary conference brief. - The parties
ballot boxes and election documents into the custody shall file with the court and serve on the adverse party,
of the court. in such manner as shall ensure their receipt at least one
The court, in its discretion, may seek the assistance of day before the date of the preliminary conference, their
the Philippine National Police or the Armed Forces of respective briefs which shall contain the following:
the Philippines in ensuring the safe delivery of the (1) A summary of admitted facts and proposed
ballot boxes and election paraphernalia into the stipulation of facts;
custody of the court.
(2) The issues to be tried or resolved;
Where any of the ballot boxes, ballots, election returns,
(3) The pre-marked documents or exhibits to be
election documents or paraphernalia mentioned in the
presented, stating their purpose;
first paragraph above are also involved in election
contests before other fora , such as the Presidential (4) A manifestation of their having availed or their
Electoral Tribunal, the Senate Electoral Tribunal, the intention to avail themselves of discovery procedures or
House of Representatives Electoral Tribunal or the referral to commissioners;
Commission on Elections, which, under COMELEC (5) The number and names of the witnesses, their
Resolution No. 2812 dated 17 October 1995, have addresses, and the substance of their respective
preferential right over the custody and revision of testimonies. The testimonies of the witnesses shall be
ballots involved in simultaneous protests, the court by affidavits in question and answer form as their direct
shall make the appropriate coordination and request testimonies, subject to oral cross examination;
with the higher tribunal involved as to temporary prior
custody of ballot boxes and revision of ballots and other (6) A manifestation of withdrawal of certain protested or
documents, or synchronization of such revision of counter-protested precincts, if such is the case;
ballots and other election documents. (7) The proposed number of revision committees and
The expenses necessary and incidental to the bringing names of their revisors and alternate revisors; and
of the ballot boxes and election documents shall be (8) In case the election protest or counter-protest seeks
shouldered and promptly paid by the protestant. The the examination, verification or re-tabulation of election
expenses necessary and incidental to the return of the returns, the procedure to be followed.
ballot boxes and election documents to their original
custodians or the proper tribunal after the termination SEC. 5. Failure to file brief. - Failure to file the brief or
of the case shall be shared proportionately by the to comply with its required contents shall have the
same effect as failure to appear at the preliminary
conference.


SEC. 6. Effect of failure to appear. - The failure of the (d) If the revisor of protestant or the revisors of both
protestant or counsel to appear at the preliminary parties fail to appear. - If the revisor of the protestant or
conference shall be cause for dismissal, motu proprio , the revisors of both parties and alternates fail to appear
of the protest or counter-protest. The failure of the for no justifiable reason within one hour after fixed
protestee or counsel to appear at the preliminary hours from the start of the revision, the ballot boxes
conference shall have the same effect as provided in scheduled for revision on that day, and the
Section 4(c), Rule 4 of these Rules, that is, the court may corresponding keys in the possession of the
allow the protestant to present evidence ex parte and chairperson, shall be returned to the ballot box
render judgment based on the evidence presented. custodian of the court and shall no longer be revised; it
SEC. 7. Preliminary conference order. - Within three is understood that the parties waive their right to revise
days following the date of the preliminary conference, the same, and the chairperson concerned shall state
the court shall issue an order summarizing the matters such facts in the corresponding revision report.
taken up and stipulations or agreements reached SEC. 5. Prohibited access. - During the revision of
during the conference. The court shall specify in the ballots, no person other than the judge, the clerk of
preliminary conference order when the revision of court, the chairperson and the members of the revision
ballots will commence, which shall be within five days committees, the parties and their duly authorized
from the termination of the preliminary conference. representatives, shall have access to the revision area.
SEC. 6. Preparation and submission of revision
RULE 10 REVISION OF BALLOTS report. - The committee shall prepare and submit to
the court a revision report per precinct stating the
SECTION 1. Start of revision. - The revision of ballots following:
shall commence on the date specified in the
(a) the precinct number;
preliminary conference order.
(b) the date, place and time of revision;
SEC. 2. Revision committee; under the supervision of
the court. - There shall be constituted such number of (c) the votes of the parties per physical count;
revision committees as may be necessary. Each revision (d) the condition and serial numbers of the following:
committee shall be composed of a chairperson and two
members, one designated by the protestant and (1) ballot boxes;
another designated by the protestee. The court shall (2) self-locking security metal or plastic seals(inner and
designate the chairperson from among its personnel. outer) and padlocks of the ballot boxes;
The parties shall also designate their respective
substitute revisors. (3) security envelopes containing the election returns;
and
The revision committee shall conduct the revision in
the court premises or at such other place as may be (4) numbered paper seal of the envelopes;
designated by the court, in every case under its strict (e) the votes of the parties per ballot-box copy of the
supervision. election returns and per the tally sheet/board found
The revisors shall discharge their duties with the inside the ballot box;
highest degree of integrity, conducting the (f) the number of ballots objected to by the parties
proceedings with the same dignity and discipline as if indicating therein the exhibit numbers;
undertaken by the court itself. They shall exercise
(g) the grounds of objections;
extraordinary diligence and take precautionary
measures to prevent the loss, disappearance or (h) the number of stray ballots;
impairment of the integrity(such as marking or (i) the claims on ballots with their exhibit numbers; and
spoilage by any means) of the ballots and election
documents. (j) the entries in the Minutes of Voting and Counting,
particularly:
SEC. 3. Compensation of the revisors. - The court shall
fix the compensation of the revisors at Four Hundred (1) the number of registered voters;
Pesos(P400.00) per ballot box for the chairperson and (2) the number of voters who actually voted;
One Hundred Fifty Pesos (P150.00) per ballot box for
each party revisor. The party revisors shall be entitled to (3) the number of official ballots together with their
an additional per diem of Five Hundred Pesos (P500.00) serial numbers used in the election;
each per day. This compensation shall be chargeable (4) the number of ballots actually used indicating the
against the cash deposit as provided for in Section 2, serial numbers of the ballots; and
Rule 7 of these Rules.
(5) the unused ballots together with their serial
SEC. 4. Continuous revision. - numbers.
(a) Period for revision. - Revision shall be conducted The revision forms shall be made available prior to
from 8:30 o'clock in the morning to 12:00 noon and revision. The per-precinct revision report shall be signed
from 1:30 to 4:30 o'clock in the afternoon from Monday and certified to by the chairperson and the revisors of
to Friday, except on non-working holidays. The revisors the parties, and shall form part of the records of the
may take a fifteen-minute break in each session. case. A copy of the required form for the revision report
(b) Revision to continue even if a party revisor is absent is hereto attached.
or late. - The revision of ballots shall not be delayed or In addition to the per-precinct revision report, the
postponed by reason of the absence or tardiness of a revision committee shall also prepare and submit to the
party revisor or substitute revisor, as long as the court, within three days from termination of the
chairperson and one party revisor are present. The revision, a committee report summarizing the data,
court may at any time designate another chairperson if votes, ballot objections and claims, and significant
the regular chairperson fails for any reason to report. observations made in the revision of ballots from the
(c) If the revisor of the protestee is absent or late. - If the protested precincts and later from the
revisor of the protestee is absent or late for thirty counter-protested precincts, if so conducted based on
minutes and no alternate appears as a substitute, the the provisions of Section 9 hereof. Each party furnished
revision shall, nevertheless, commence; the protestee with a copy of the committee report may submit their
shall be deemed to have waived the right to appear and comments thereon within a non-extendible period of
to object to the ballots in the precinct or precincts three days from notice.
scheduled for revision on that particular day.


SEC. 7. Order of revision. - Revision of ballots shall start exceptionally meritorious ground. A party may attend
with those from the protested precincts, subject to the the technical examination, either personally or through
provisions of Section 9 hereof. a representative. However, the technical examination
SEC. 8. Inquiry as to security markings and vital shall proceed with or without the attendance of the
information relative to ballots and election party, provided due notice has been given to the party.
documents. - When a revision of ballots is ordered, and The expenses for technical examination shall be for the
for the guidance of the revisors, the court shall inquire account of the party requesting the examination and
about the security markings on the ballots and election under the supervision of the clerk of court.
documents from the Chairman, Commission on SEC. 3. Experts; who shall provide. - Experts necessary
Elections, who shall be obliged to indicate such for the conduct of technical examination shall be
markings and other vital information that may aid the provided by the party requesting the same and may
court in determining the authenticity of ballots and come from the National Bureau of Investigation, the
election documents. The parties shall be notified of the Philippine National Police(PNP) Crime Laboratory, the
results of such inquiry. Commission on Elections, or experts in private practice.
SEC. 9. Post-revision determination of the merit or The other party may secure the services of an expert
legitimacy of protest prior to revision of who may only observe, not interfere with, the
counter-protest.- Immediately after the revision of examination conducted by the experts of the movant.
ballots or the examination, verification or re-tabulation
of election returns in all protested precincts, the
protestant shall be required to pinpoint a number of RULE 12 PHOTOCOPYING OF BALLOTS
precincts, corresponding to twenty percent of the total SECTION 1. Photocopying simultaneous with
revised protested precincts, that will best attest to the revision. - On motion of a party, the court may allow
votes recovered or will best exemplify the frauds or the photocopying of ballots and election documents,
irregularities pleaded in the protest. In the meanwhile, upon such terms and conditions as it may impose. The
the revision of ballots or the examination, verification or photocopying, if allowed, must start at the
re-tabulation of election returns in the commencement of revision and, as far as practicable,
counter-protested precincts shall be suspended for a must be completed simultaneously with the
period not exceeding fifteen days, during which the termination of revision.
court shall determine through appreciation of ballots or
election documents the merit or legitimacy of the SEC. 2. Where conducted; parties to provide own
protest relative to the twenty percent pinpointed photocopying units. - Photocopying shall be done
precincts. within the premises of the court, near the revision area,
and shall be under the supervision of the clerk of court.
Based on the results of such post-revision The party concerned shall provide an efficient
determination, the court may dismiss the protest photocopying unit and shall bear all expenses relative
without further proceedings, if and when no reasonable thereto.
recovery was established from the twenty percent
pinpointed precincts, or proceed with revision of the
ballots or the examination, verification or re-tabulation RULE 13 PRESENTATION OF EVIDENCE
of election returns in the counter-protested precincts.
In the latter case, the protestee shall be required to pay SECTION 1. Presentation and reception of evidence;
the cash deposit within a non-extendible period of order of hearing. - If at the preliminary conference the
three days from notice. parties have agreed on issues aliunde the ballots or
other election documents (e.g., vote-buying, fraud,
SEC. 10. Continuation of appreciation of ballots. - terrorism or violence), the reception of evidence on the
While the ballots or election documents from the issues, including the testimonies of witnesses, shall be
counter-protested precincts are being revised, the court done simultaneously with the revision of ballots.
shall continue with its appreciation of ballots from the
remaining revised eighty percent protested precincts The reception of evidence on all other matters or issues
and, once completed, shall proceed with the incidental to or interwoven with the ballots and related
appreciation of ballots from the counter-protested election documents shall be made upon completion of
precincts. (a) the revision of ballots or election documents, or (b)
the technical examination, if allowed by the court under
the provisions of Rule 11 of these Rules.
RULE 11 TECHNICAL EXAMINATION Reception of evidence shall be made in accordance
SECTION 1. Motion for technical examination; with the following order of hearing:
contents. - A party may move for the technical (1) The protestant or petitioner shall present evidence in
examination within five days after completion of support of the protest or petition;
revision in the protest or counter-protest, except when
it involves allegation of massive substitute voting in the (2) The protestee or respondent shall then adduce
protest or counter-protest, specifying: evidence in support of the defense, counterclaim or
counter-protest, if any;
(a) The nature of the technical examination requested
(e.g., fingerprint examination, etc.); (3) The parties may then respectively offer rebutting
evidence only, unless the court for good reasons, in the
(b) The documents to be subjected to technical furtherance of justice, permits them to offer evidence
examination; upon their original case; and
(c) The objections made in the course of the revision of (4) No sur-rebuttal evidence shall be allowed.
ballots which the movant intends to substantiate with
the results of the technical examination; and In offering testimonial evidence, the party shall require
the proposed witness to execute an affidavit which
(d) The ballots covered by such objections. shall be considered as the direct testimony, subject to
SEC. 2. Technical examination; time limits. - The court the right of the adverse party to object to its
may grant the motion for technical examination at its inadmissible portions and to orally cross-examine the
discretion and under such conditions it may impose. If witness. The affidavit shall be based on personal
the motion is granted, the technical examination shall knowledge, shall set forth facts as would be admissible
start within five days from notice to both parties and in evidence, and shall show affirmatively that the
shall be completed within the period specified by the affiant is competent to testify on the matters stated
court, in no case to exceed twenty successive working therein. The affidavit shall be in question and answer
days, unless the court grants an extension based on form. The affidavit shall be submitted to the court and
served on the adverse party at least three days before



the hearing. Failure to submit the affidavit of a witness (4) A voter personally prepared one ballot, except in the
within the specified time shall constitute a waiver of case of assistors; and
the party's right to present testimonial evidence. (5) The exercise of one's right to vote was voluntary and
The one-day-cross-examination-of-witness rule, that is, free.
a witness has to be fully cross-examined in one day only SEC. 7. Submission of memoranda. - The court may
shall be strictly adhered to. The court, at its discretion, allow the parties to submit their respective memoranda
may extend the cross-examination for justifiable within a non-extendible period of ten days from the
reasons. verbal ruling of the court on the last offer of exhibits; or,
The revision reports, as well as the objected and if the offer was made in writing, within ten days from
claimed ballots referred to therein, shall automatically receipt of the written ruling of the court. No
form part of court records and may be adopted by the supplemental, reply or rebuttal memorandum shall be
parties as their evidence. allowed.
SEC. 2. Offer of evidence. - The court shall consider no
evidence that has not been formally offered. Offer of RULE 14 DECISION
evidence shall be done orally on the last day of hearing
allowed for each party after the presentation of the last SECTION 1. Rendition of decision. - The court shall
witness. The opposing party shall be required to decide the election contest within thirty days from the
immediately interpose objections thereto. The court date it is submitted for decision, in no case beyond six
shall rule on the offer of evidence in open court. months after its filing, unless the Supreme Court
However, the court may, at its discretion, allow the party authorizes an extension in writing. Failure to comply
to make an offer of evidence in writing, which shall be herewith shall be considered a serious offense and shall
submitted within three days. If the court rejects any be ground for disciplinary action against the judge. In
evidence offered, the party may make a tender of the addition, after the expiration of six months, the judge
excluded evidence. shall be relieved of all duties and functions, except to
decide the election case.
SEC. 3. Reception of evidence continuous. - Reception
of evidence, once commenced, shall continue from day An election protest is deemed submitted for decision
to day as far as practicable until terminated. In no case after completion of the reception of evidence or, if the
shall the entire period for reception of evidence exceed parties were allowed to submit memoranda, upon
ten successive days for each party from the first day of submission of such memoranda or the expiration of the
such reception, unless authorized by the Supreme period for their filing, whichever is earlier. In an election
Court. protest, the winner shall be the candidate who
obtained the plurality of the valid votes cast.
SEC. 4. Adjournments and postponements. - No
motion for postponement shall be allowed, except for SEC. 2. Form of decision in election protests. - After
clearly meritorious reasons, in no case to exceed three termination of the revision of ballots and before
times of three calendar days interval each. The filing of rendering its decision in an election protest that
dilatory pleadings or motions shall constitute direct involved such revision, the court shall examine and
contempt of court and shall be punished accordingly. appreciate the original ballots. The court, in its
appreciation of the ballots and in rendering rulings on
SEC. 5. Burden of proof. - Burden of proof is the duty of
objections and claims to ballots of the parties, shall
a party to present evidence of the facts in issue,
observe the following rules:
necessary to establish one's claim or defense.
(a) On Marked Ballots - The court must specify the
SEC. 6. Disputable presumptions. - The following
entries in the ballots that clearly indicate that the
presumptions are considered as facts, unless
intention of the voter is to identify the ballot. The
contradicted and overcome by other evidence:
specific markings in the ballots must be illustrated or
(a) On the election procedure: indicated;
(1) The election of candidates was held on the date and (b) On Fake or Spurious Ballots - The court must specify
time set and in the polling place determined by the the COMELEC security markings that are not found in
Commission on Elections; the ballots that are considered fake or spurious;
(2) The Boards of Election Inspectors were duly (c) On Stray Ballots - The court must specify and state
constituted and organized; in detail why the ballots are considered stray;
(3) Political parties and candidates were duly (d) On Pair or Group of Ballots Written by One or
represented by pollwatchers; Individual Ballots Written By Two - When ballots are
(4) Pollwatchers were able to perform their functions; invalidated on the ground of written by one person, the
and court must clearly and distinctly specify why the pair or
group of ballots has been written by only one person.
(5) The Minutes of Voting and Counting contains all the The specific strokes, figures or letters indicating that
incidents that transpired before the Board of Election the ballots have been written by one person must be
Inspectors. specified. A simple ruling that a pair or group of ballots
(b) On election paraphernalia: has been written by one person would not suffice. The
same is true when ballots are excluded on the ground
(1) Ballots and election returns that bear the security of having been written by two persons. The court must
markings and features prescribed by the Commission likewise take into consideration the entries of the
on Elections are genuine; Minutes of Voting and Counting relative to illiterate or
(2) The data and information supplied by the members disabled voters, if any, who cast their votes through
of the Boards of Election Inspectors in the accountable assistors, in determining the validity of the ballots found
forms are true and correct; and to be written by one person, whether the ballots are in
pairs or in groups; and
(3) The allocation, packing and distribution of election
documents or paraphernalia were properly and timely (e) On Claimed Ballots - The court must specify the
done. exact basis for admitting or crediting claimed votes to
either party.
(c) On appreciation of ballots:
SEC. 3. Several judgments. - In a protest or petition
(1) A ballot with appropriate security markings is valid;
against several protestees or respondents, the court
(2) The ballot reflects the intent of the voter; may, when a several judgment is proper, render
(3) The ballot is properly accomplished; judgment against one or more of them, leaving the
protest or petition to proceed against the others.



SEC. 4. Promulgation of decision. - The decision issued. During such period, the writ of execution
signed by the presiding judge shall be promulgated by pending appeal shall be stayed.
the reading of the dispositive portion in open court and SEC. 12. Jurisdiction of the Commission on Elections
its filing with the clerk of court, on a date set with due in certiorari cases. - The Commission on Elections has
notice to the parties, or through delivery of a copy of the authority to issue the extraordinary writs of
the signed decision to the clerk of court who shall certiorari, prohibition and mandamus only in aid of its
forthwith indicate the date of rendition and cause true appellate jurisdiction over decisions of the courts in
copies thereof to be served, personally or by registered election cases involving elective municipal and
mail, upon the counsel or the parties, if not represented barangay officials.
by counsel.
SEC. 13. Preferential disposition of election contests. -
SEC. 5. Finality of decision. - The decision of the court The courts shall give preference to election contests
shall become final and executory five days after filing over all other cases, except habeas corpus.
with the clerk of court and receipt of notice by the
parties.
SEC. 6. Entry of judgment. - If no appeal is filed within RULE 15 COSTS, DAMAGES AND ATTORNEY'S
the time provided in these Rules, the judgment shall be FEES
entered by the clerk in the book of entries of
judgments. The date of finality of the judgment shall be SECTION 1. Costs; when allowed. - Costs shall be
the date of its entry. The record shall contain the allowed to the prevailing party as a matter of course.
dispositive part of the judgment and shall be signed by The court shall have the power, for special reasons, to
the clerk, with a certificate that such judgment has apportion the costs, as may be equitable. The court
become final and executory. may render judgment for costs if a protest, a
counter-protest or a petition for quo warranto is
SEC. 7. Notice of final decision. - As soon as the dismissed. When a protest, a counter-protest or a
decision becomes final, the clerk of court shall send petition for quo warranto is found to be frivolous,
notices to the Commission on Elections, the double or treble costs may be imposed on the
Department of the Interior and Local Government, and protestant, the counter-protestant or the petitioner.
the Commission on Audit.
SEC. 2. Damages and attorney's fees. - In all election
SEC. 8. Appeal. - An aggrieved party may appeal the contests, the court may adjudicate damages and
decision to the Commission on Elections, within five attorney's fees, as it may deem just and as established
days after promulgation, by filing a notice of appeal by the evidence, if the aggrieved party has included
with the court that rendered the decision, with copy such claims in the pleadings.
served on the adverse counsel or party if not
represented by counsel.
SEC. 9. Appeal fee. - The appellant in an election RULE 16 TRANSITORY PROVISION
contest shall pay to the court that rendered the SECTION 1. Applicability. - These Rules shall apply to
decision an appeal fee of One Thousand Pesos election protests and petitions for quo warranto that
(P1,000.00), simultaneously with the filing of the notice remain pending and undetermined after their
of appeal. effectivity.
SEC. 10. Immediate transmittal of records of the
case. - The clerk of court shall, within fifteen days from
the filing of the notice of appeal, transmit to the RULE 17 FINAL PROVISIONS
Electoral Contests Adjudication Department, SECTION 1. Repealing clause. - All rules, resolutions,
Commission on Elections, the complete records of the regulations or circulars of the Supreme Court or parts
case, together with all the evidence, including the thereof that are inconsistent with any provision of these
original and three copies of the transcript of Rules are hereby deemed repealed or modified
stenographic notes of the proceedings. accordingly.
SEC. 11. Execution pending appeal. - On motion of the Rules 35 and 36 of the 1993 COMELEC Rules of
prevailing party with notice to the adverse party, the Procedure governing election contests and quo
court, while still in possession of the original records, warranto cases before the trial courts are deemed
may, at its discretion, order the execution of the superseded by these Rules.
decision in an election contest before the expiration of
the period to appeal, subject to the following rules: SEC. 2. Effectivity clause. - These Rules shall take
effect on May 15, 2007 following their publication in two
(a) There must be a motion by the prevailing party with newspapers of general circulation in the Philippines not
three-day notice to the adverse party. Execution later than May 3, 2007.
pending appeal shall not issue without prior notice and
hearing. There must be good reasons for the execution
pending appeal. The court, in a special order, must state
the good or special reasons justifying the execution
A.M. No. 00-8-10-SC | RULES OF
pending appeal. Such reasons must: PROCEDURE ON CORPORATE
(1) constitute superior circumstances demanding REHABILITATION (2008)
urgency that will outweigh the injury or damage should
the losing party secure a reversal of the judgment on
appeal; and December 2, 2008
(2) be manifest, in the decision sought to be executed,
that the defeat of the protestee or the victory of the RULE 1 COVERAGE
protestant has been clearly established.
(b) If the court grants an execution pending appeal, an Section 1. Scope - These Rules shall apply to petitions
aggrieved party shall have twenty working days from for rehabilitation of corporations, partnerships and
notice of the special order within which to secure a associations pursuant to Presidential Decree No. 902-A,
restraining order or status quo order from the Supreme as amended.
Court or the Commission on Elections. The Section 2. Applicability to Rehabilitation Cases
corresponding writ of execution shall issue after twenty Transferred from the Securities and Exchange
days, if no restraining order or status quo order is Commission. - Cases for rehabilitation transferred from
Securities Exchange Commission to the Regional Trial
Court pursuant to Republic Act No. 8799, otherwise



known as The Securities Regulation Code, shall likewise "Foreign count" means a judicial or other authority
be governed by these Rules. competent to control or supervise a foreign proceeding.
"Foreign proceeding" means a collective judicial or
RULE 2 DEFINITION OF TERMS AND administrative proceeding in a foreign State, interim
proceeding, pursuant to a law re solvency in which
CONSTRUCTION proceeding the assets and affairs of the debtor are
Section 1. Definition of Terms. - For purpose of these subject to control or supervision by a foreign count, for
Rules: the purpose of rehabilitation or re-organization
"Administrative Expenses" shall refer to (a) reasonable "Foreign Representative" means person or entity,
and necessary expenses that are incurred in connection including one appointed on an interim basis,
with the filing of the petition; (b) expenses incurred in authorized in a foreign proceeding to administer the
the ordinary course of business after the issuance of the reorganization or rehabilitation of the debtor or act as a
stay order, excluding interest payable to the creditors representative of the foreign proceeding.
for loans and credit accommodations existing at the "Group of companies" refers to, and can cover only,
time of the issuance of the stay order, and (c) other corporation that are financially refers to, and can cover
expenses that are authorized under this Rules. only, corporations that are financially rated to one
"Affidavit of General Financial Condition" shall refer to a another as parent corporation, subsidiaries and
verified statement on the general financial condition of affiliates.
the debtor requiredin Section 2, Rule 4 of these Rules. When the petition covers a group of companies, all
"Affiliate" is a corporation that directly or indirectly, reference under these Rules to "debtor" shall include
through one or more intermediaries, is controlled by, or and apply include and apply to the group of companies.
is under the common control of another corporation, "Liabilities" shall refer to monetary claims against the
which thereby becomes its parent corporation. debtor, including stockholders advances that have
"Asset" is anything of value that can be in the form of been recorded in the debtor's audited financial
money, such as cash at the bank or amounts owed; statements as advances for subscription.
fixed assets such as property or equipment; or "Parent" is a corporation directly or indirectly though
intangibles including intellectual property, the book one or more intermediaries.
value of which is shown in the last three audited
financial statement immediately preceding the filing of "Rehabilitation" shall mean the restoration of the
the petition, In case the debtor is less than three years debtor to a position of successful operation and
in operation, it is sufficient that the book value is based solvency, if it is shown that its continuance of operation
on the audited financial statement\s for the years or is economically feasible and its creditors can recover by
year immediately preceding the filing of petition, as the way of the present value of payments projected in the
case may be. plan more if the corporation continues as a going
concern than if it immediately liquidated.
"Board of Directors" shall include the executive
committee or the management of partnership or "Secured claim" shall refer to any clan whose payment
association or fulfillment is secured by contract or by law, including
any clam or credit enumerated under Articles 2241 and
"Claim" shall include all claims or demands of whatever 2242 of the civil Code and Article 110, as amended, of the
nature or charter against a debtor or its property, Labor code of the Philippines.
whether for money or otherwise
"Subsidiary" mean a corporation more than fifty
"Control" is the power of a parent corporation to direct percent (50%) of the voting stock of which is owned or
or govern the financial and operating policies of an controlled directly or indirectly though one or more
enterprise so as to obtain benefits from its activities. intermediaries by another corporation
Control is presumed to exit when the parent owns,
directly or indirectly though subsidiaries, more than "Unsecured clan" shall mean any clan other than a
one - half (½) of the voting power of the voting power of seared claim.
an enterprise unless, unless, in exceptional Section 2. Construction - These Rules shall be liberally
circumstances, it can clearly be demonstrated that construed to carry out the objectives of Section 5(d),
such own ship does not constitute control. Control also 6(d) and 6(d) of Presidential Decree No. 902-A, as
exits even when the parents owns one-half (1/2) or less amended, and to assist the parties in obtaining a jut,
of the voting power of an enterprise when there is expeditious and inexpensive determination of case.
power. Where applicable, the Rules of Court shall apply
(A) Over more than one-half (½) of agreement with supplementary to proceedings under these Rules.
investors;
(B) To direct or govern the financial and operating RULES 3 GENERAL PROVISIONS
policies of the enterprise under a statute or agreement;
Section 1. Nature of Proceeding - Any proceeding
(C) To appoint or remove the majority of the member of initiated under these Rules shall be considered in rem.
the board of directors or equivalent governing body; or Jurisdiction over all persons affected by the proceeding
(D) To cast the majority votes at meeting of the board of shall be considered as acquired upon publication of the
directors or equivalent governing body. notice of the commencement of the proceedings in
any newspaper or general circulation in the Philippines
"Creditor" shall mean any holder or a Chain in the manner prescribed by these rules.
"Court" shall refer to the proper Regional Trial Court The proceedings shall also be summary and
designated to hear and decide the cases contemplated non-adversarial in nature. The following pleading are
contemplated under these Rules. prohibited:
"Days" shall refer to calendar days unless otherwise (a) Motion to dismiss;
provided in these Rules.
(b) Motion for a bill of particulars:
"Debtor" shall mean any corporation, partnership or
association or a group of companies, whether (c) Petition for relief;
supervised or regulated by the Securities and Exchange (d) Motion for extension;
Commission or other government agencies, on whose
(e) Motion for postponement
behalf a petition for rehabilitation has been filed under
these rules. (f) Third-party complaint;


(g) Intervention; similar security arrangements issued by a third party to

(h) Motion to hear affirmative defenses; and secure the payment of the debtor's obligations;
provided, further, that the stay order shall not cover
(I) Any pleading or motion which is similar to or of like foreclosure by a creditor of property not belonging to a
effect as any of the foregoing. debtor under corporate rehabilitation; provided,
Any pleading, motion, opposition, defense or claim filed however, that where the owner of such property sought
by any interested party shall be supported by verified to be foreclosed is also a guarantor or one who is not
statements that the affiant has read same and that the solidarily liable, said owner shall be entitled to the
factual allegations therein are true and correct of his benefit of excussion as such guarantor; (c) prohibiting
personal knowledge or based on authentic records, and the debtor from selling, encumbering, transferring, or
correct of his personal knowledge or based on disposing in any manner any of its properties except in
authentic records, and shall contain as annexes such the ordinary course of business; (d) prohibiting the
documents as may be deemed by the party court may debtor from making any payment of its liabilities
be decide matters on the basis of affidavits and other except as provided in items (e), (f) and (g) of this Section
documentary evidence. Where necessary, the court or when ordered by the court pursuant to Section 10 of
shall conduct clarificatory hearings before resolving any Rule 3; (e) prohibiting the debtor's suppliers of goods or
matter submitted to it for resolution. services from withholding supply of goods and services
in the ordinary course of business for as long as the
Section 2. Venue. - Petitions for rehabilitation pursuant debtor makes payments for the services and goods
to these Rules shall be filed in the regional trial court supplied after the issuance of the stay order; (f)
which has jurisdiction over the principal office of the directing the payment in full of all administrative
debtor as specified in its articles of incorporation or expenses incurred after the issuance of the stay order;
partnership. Where the principal office of the (g) directing the payment of new loans or other forms
corporation, partnership or association is registered in of credit accommodations obtained for the
the Securities and Exchange Commission as Metro rehabilitation of the debtor with prior court approval; (h)
Manila, the action must be filed in the regional trial fixing the dates of the initial hearing on the petition not
court of the city or municipality where the head office is earlier than forty-five (45) days but not later than sixty
located. (60) days from the filing thereof; (I) directing the
A joint petition by a group of companies shall be filed in petitioner to publish the Order in a newspaper of
the Regional Trial Court which has jurisdiction over the general circulation in the Philippines once a week for
principal office of the parent company, as specified in two (2) consecutive weeks; (j) directing the petitioner to
its Articles of Incorporation. furnish a copy of the petition and its annexes, as well as
the stay order, to the creditors named in the petition
Section 3. Service of Pleadings and Documents. - and the appropriate regulatory agencies such as, but
When so authorized by the court, any pleading and/or not limited to, the Securities and Exchange
document required by these Rules may be filed with Commission, the Bangko Sentral ng Pilipinas, the
the court and/or served upon the other parties by Insurance Commission, the National
facsimile transmission (fax) or electronic mail (e-mail). Telecommunications Commission, the Housing and
In such cases, the date of transmission shall be deemed Land Use Regulatory Board and the Energy Regulatory
to be the date of service. Where the pleading or Commission; (k) directing the petitioner that foreign
document is voluminous, the court may, upon motion, creditors with no known addresses in the Philippines be
waive the requirement of service; provided that a copy individually given a copy of the stay order at their
thereof together with all its attachments is duly filed foreign addresses; (l) directing all creditors and all
with the court and is made available for examination interested parties (including the regulatory agencies
and reproduction by any party, and provided, further, concerned) to file and serve on the debtor a verified
that a notice of such filing and availability is duly served comment on or opposition to the petition, with
on the parties. supporting affidavits and documents, not later than
Section 4. Trade Secrets and Other Confidential fifteen (15) days before the date of the first initial
Information. - Upon motion, the court may issue an hearing and putting them on notice that their failure to
order to protect trade secrets or other confidential do so will bar them from participating in the
research, development or commercial information proceedings; and (m) directing the creditors and
belonging to the debtor. interested parties to secure from the court copies of the
Section 5. Executory Nature of Orders. - Any order petition and its annexes within such time as to enable
issued by the court under these Rules is immediately themselves to file their comment on or opposition to
executory. A petition to review the order shall not stay the petition and to prepare for the initial hearing of the
the execution of the order unless restrained or enjoined petition.
by the appellate court. Unless otherwise provided in The issuance of a stay order does not affect the right to
these Rules, the review of any order or decision of the commence actions or proceedings insofar as it is
court or an appeal therefrom shall be in accordance necessary to preserve a claim against the debtor.
with the Rules of Court; provided, however, that the Section 8. Service of Stay Order on Rehabilitation
reliefs ordered by the trial or appellate courts shall take Receiver. - The petitioner shall immediately serve a
into account the need for resolution of proceedings in a copy of the stay order on the rehabilitation receiver
just, equitable and speedy manner. appointed by the court, who shall manifest his
Section 6. Nullification of Illegal Transfers and acceptance or non-acceptance of his appointment not
Preferences. - Upon motion the court may nullify any later than ten (10) days from receipt of the order.
transfer of property or any other conveyance, sale, Section 9. Period of Stay Order. - The stay order shall be
payment or agreement made in violation of its stay effective from the date of its issuance until the approval
order or in violation of these Rules. of the rehabilitation plan or the dismissal of the
Section 7. Stay Order. - If the court finds the petition to petition.
be sufficient in form and substance, it shall; not later Section 10. Relief from, Modification, or Termination of
than five (5) working days from the filing of the petition, Stay Order. -
issue an order: (a) appointing a rehabilitation receive
and fixing his bond; (b) staying enforcement of all (a) The court may, upon motion, terminate, modify, or
claims, whether for money or otherwise and whether set conditions for the continuance of the stay order, or
such enforcement is by court action or otherwise, relieve a claim from the coverage thereof upon
against the debtor, its guarantors and persons not showing that (1) any of the allegations in the petition, or
solidarily liable with the debtor; provided, that the stay any of the contents of any attachment, or the
order shall not cover claims against letters of credit and verification thereof has ceased to be true; (2) a creditor


does not have adequate protection over property debtor during the pendency of the proceedings. For
securing its claims; (3) the debtor's secured obligation is this purpose, the rehabilitation receiver shall have the
more than the fair market value of the property subject powers, duties and functions of a receiver under
of the stay and such property is not necessary for the Presidential Decree No. 902-A, as amended, and the
rehabilitation of the debtor; or (4) the property covered Rules of Court.
by the stay order is not essential or necessary to the The rehabilitation receiver shall be considered as an
rehabilitation and the creditor's failure to enforce its officer of the court. He shall be primarily tasked to study
claim will cause more damage to the creditor than to the best way to rehabilitate the debtor and to ensure
the debtor. that the value of the debtor's property is reasonably
(b) For purposes of this Section, the creditor lacks maintained pending the determination of whether or
adequate protection if it can be shown that: not the debtor should be rehabilitated, as well as
(1) The debtor fails or refuses to honor a pre-existing implement the rehabilitation plan after its approval.
agreement with the to keep the property insured; Accordingly, he shall have the following powers and
functions:
(2) The debtor fails or refuses to take commercially
reasonable steps to maintain the property; or (a) To verify the accuracy of the petition, including its
annexes such as the Schedule of Debts and Liabilities
(3) The property has depreciated to an extent that the and the Inventory of Assets submitted in support to the
creditor is undersecured petition;
(c) Upon showing the creditor's lack of adequate (b) To accept and incorporate, when justified,
protection, the court shall order the rehabilitation amendments to the Schedule of Debts and Liabilities;
receiver to (1) make arrangements to provide for the
insurance or maintenance of the property, or (2) to (c) To recommend to the court the disallowance of
make payments or otherwise provide additional or claims and rejection of amendments t the Schedule of
replacement security such as that the obligation is fully Debts and Liabilities that lack sufficient proof and
secured. If such arrangements are not feasible, the justification;
court shall modify the stay order to allow the secured (d) To submit to the court and make available for review
creditor lacking adequate protection to enforce its by the creditors, a revised Schedule of Debts and
claim against the debtor; provided, however, that the Liabilities;
court may deny the creditor the remedies in this (e) To investigate the acts, conduct, properties, liabilities
paragraph if such remedies would prevent the and financial condition of the debtor, the operation of
continuation of the debtor as a going concern or its business and the desirability of the continuance
otherwise prevent the approval and implementation of thereof; and, any other matter relevant to the
a rehabilitation plan. proceeding or to the formulation of a rehabilitation
Section 11. Qualifications of Rehabilitation Receiver. - plan;
(a) In the appointment of the rehabilitation receiver, the (f) To examine under oath the directors and officers of
following qualifications shall be taken into the debtor and any other witnesses that he may deem
consideration by the court: appropriate;
(1) Expertise and acumen to manage and operate a (g) To make available to the creditors documents and
business similar in size and complexity to that of the notices necessary for them to follow and participate in
debtor; the proceedings;
(2) Knowledge in management, finance and (h) To report to the court any fact ascertained by him
rehabilitation of distressed companies; pertaining to the causes of the debtor's problems,
(3) General familiarity with the rights of creditors in fraud, preferences, dispositions, encumbrances,
suspension of payments or rehabilitation and general misconduct, mismanagement and irregularities
understanding of the duties and obligations of a committed by the stockholders, directors,
rehabilitation receiver; management,, or any other person against the debtor;
(4) Good moral character, independence and integrity; (i) To employ such person or persons such as lawyers,
accountants, appraisers and staff are necessary in
(5) Lack of conflict of interest as defined in this Section; performing his functions and duties as rehabilitation
and receiver;
(6) Willingness and ability to file a bond in such amount (j) To monitor the operations of the debtor and to
as may be determined by the court. immediately report to the court any material adverse
(b) Without limiting the generality of the following, a change in the debtor's business;
rehabilitation receiver may be deemed to have a (k) To evaluate the existing assets and liabilities,
conflict of interest if: earnings and operations of the debtor;
(1) He is creditor or stockholder of the debtor; (l) To determine and recommend to the court the best
(2) He is engaged in a line of business which competes way to salvage and protect the interests of the creditors,
with the debtor; stockholders and the general public;
(3) He is, or was within two (2) years from the filing of (m) To study the rehabilitation plan proposed by the
the petition, a director, officer, or employee or the debtor or any rehabilitation plan submitted during the
auditor or accountant of the debtor; proceedings, together with any comments made
thereon;
(4) He is or was within two (2) years from the filing of
the petition, an underwriter of the outstanding (n) To prohibit and report to the court any
securities of the debtor; encumbrance, transfer or disposition of the debtor's
property outside of the ordinary course of business or
(5) He is related by consanguinity or affinity within the what is allowed by the court;
fourth civil degree to any creditor, stockholder, director,
officer, employee, or underwriter of the debtor; or (o) To prohibit and report to the court any payments
outside of the ordinary course of business;
(6) He has any other direct or indirect material interest
in the debtor or any creditor. (p) To have unlimited access to the debtor's employees,
premises, books, records and financial documents
Section 12. Powers and Functions of Rehabilitation during business hours;
Receiver. - The rehabilitation receiver shall not take over
the management and control of the debtor but shall
closely oversee and monitor the operations of the



(q) To inspect, copy, photocopy or photograph any non-impairment of their security liens or interests; (c)
document, paper, book, account or letter, whether in the material financial commitments to support the
the possession of the debtor or other persons; rehabilitation plan; (d) the means for the execution of
(r) To gain entry into any property for the purpose of the rehabilitation plan, which may include debt to
inspecting, measuring, surveying or photographing it equity conversion, restructuring of the debts, dacion en
or any designated relevant object or operation thereon; pago or sale exchange or any disposition of assets or of
the interest of shareholders, partners or members; (e) a
(s) To take possession, control and custody of the liquidation analysis setting out for each creditor that
debtor's assets; the present value of payments it would receive under
(t) To notify counterparties and the court as to contracts the plan is more than that which it would receive if the
that the debtor has decided to continue to perform the assets of the debtor were sold by a liquidator within a
breach; six-month period from the estimated date of filing of
the petition; and (f) such other relevant information to
(u) To be notified of and to attend all meetings of the enable a reasonable investor to make an informed
board of directors and stockholder of the debtor; decision on the feasibility of the rehabilitation plan.
(v) To recommend any modification of an approved Section 19. Repayment Period. - If the rehabilitation
rehabilitation plan as he may deem appropriate; plan extends the period for the debtor to pay its
(w) To bring to the attention of the court any material contractual obligations, the new period should not
change affecting the debtor's ability to meet the extend beyond fifteen (15) years from the expiration of
obligations under the rehabilitation plan; the stipulated term existing at the time of filing of the
petition.
(x) To recommend the appointment of a management
committee in the cases provided for under Presidential Section 20. Effects of Rehabilitation Plan. - The
Decree No. 902-A, as amended; approval of the rehabilitation plan by the court shall
result in the following:
(y) To recommend the termination of the proceedings
and the dissolution of the debtor if he determines that (a) The plan and its provisions shall be binding upon the
the continuance in business of such entity is no longer debtor and all persons who may be affected thereby,
feasible or profitable or no longer works to the best including the creditors, whether or not such persons
interest of the stockholders, parties-litigants, creditors have participated in the proceedings or opposed the
or the general public; plan or whether or not their claims have been
scheduled;
(z) To apply to the court for any order or directive that
he may deem necessary or desirable to aid him in the (b) The debtor shall comply with the provisions of the
exercise of his powers and performance of his duties plan and shall take all actions necessary to carry out the
and functions; and plan;
(aa) To exercise such other powers as may from time to (c) Payments shall be made to the creditors in
time be conferred upon him by the court. accordance with the provisions of the plan;
Section 13. Oath and Bond. - Before entering upon his (d) Contracts and other arrangements between the
powers, duties and functions, the rehabilitation receiver debtor and its creditors shall be interpreted as
must be sworn in to perform them faithfully, and must continuing to apply to the extent that they do not
post a bond executed in favor of the debtor in such sum conflict with the provisions of the plan; and
as the court may direct, to guarantee that he will (e) Any compromises on amounts or rescheduling of
faithfully discharge his duties and obey the orders of timing of payments by the debtor shall be binding on
the court. If necessary, he shall also declare under oath creditors regardless of whether or not the plan is
that he will perform the duties of a trustee of the assets successfully implemented.
of the debtor, will act honestly and in good faith, and
deal with the assets of the debtor on a commercially Section 21. Revocation of Rehabilitation Plan on
reasonable manner. Grounds of Fraud. - Upon motion, within ninety (90)
days from the approval of the rehabilitation plan, and
Section 14. Fees and Expenses. - The rehabilitation after notice and hearing, the court may revoke the
receiver and the persons hired by him shall be entitled approval thereof on the ground that the same was
to reasonable professional fees and reimbursement of secured through fraud.
expenses which shall be considered as administrative
expenses. Section 22. Alteration or Modification of Rehabilitation
Plan. - An approved rehabilitation plan may, upon
Section 15. Immunity from Suit. - The rehabilitation motion, be altered or modified if, in the judgement of
receiver shall not be subject to any action, claim or the court, such alteration or modification is necessary
demand in connection with any act done or omitted by to achieve the desired targets or goals set forth therein.
him in good faith in the exercise of his functions and
powers herein conferred. Section 23. Termination of Proceedings. - The court
shall, upon motion or upon recommendation of the
Section 16. Reports. - The rehabilitation receiver shall rehabilitation receiver, terminate the proceeding in any
file a written report every three (3) months to the court of the following cases:
or as often as the court may require on the general
condition of the debtor. The report shall include, at the (a) Dismissal of the petition;
minimum, interim financial statements of the debtor. (b) Failure of the debtor to submit the rehabilitation
Section 17. Dismissal of Rehabilitation Receiver. - A plan;
rehabilitation receiver may, upon motion, be dismissed (c) Disapproval of the rehabilitation plan by the court;
by the court on the following grounds: (a) if he fails,
without just cause, to perform any of his powers and (d) Failure to achieve the desired targets or goals as set
functions under these Rules; or (b) on any of the forth in the rehabilitation plan;
grounds for removing a trustee under the general (e) Failure of the debtor to perform its obligations under
principles of trusts. the plan;
Section 18. Rehabilitation Plan. - The rehabilitation (f) Determination that the rehabilitation plan may no
plan shall include (a) the desired business targets or longer be implemented in accordance with its terms,
goals and the duration and coverage of the conditions, restrictions or assumptions; or
rehabilitation; (b) the terms and conditions of such (g) Successful implementation of the rehabilitation
rehabilitation which shall include the manner of its plan.
implementation, giving due regard to the interests of
secured creditors such as, but not limited, to the



Section 24. Discharge of Rehabilitation Receiver. - (8) A Statement of Possible Claims by or against the
Upon termination of the rehabilitation proceedings, the debtor which must contain a brief statement of the
rehabilitation receiver shall submit his final report and facts which might give rise to the claim and an
accounting with such period of time as the court will estimate of the probable amount thereof;
allow him. Upon approval of his report and accounting, (9) An Affidavit of General Financial Condition which
the court shall order his discharge. shall contain answers to the questions or matters
prescribed in Annex "A" hereof;
RULE 4 DEBTOR-INITIATED REHABILITATION (10) At least three (3) nominees for the position of
rehabilitation receiver as well as their qualifications and
Section 1. Who May Petition. - Any debtor who foresees
addresses, including but not limited to their telephone
the impossibility of meeting its debts when they
numbers, fax numbers and e-mail address; and
respectively fall due, may petition the proper regional
trial court for rehabilitation. (11) A certificate attesting under oath that (i) the filing of
the petition has been duly authorized; and (ii) the
A group of companies may jointly file a petition for
directors and stockholders of the debtor have
rehabilitation under these Rules when one or more of
irrevocably approved and/or consented to, in
its constituent corporations foresee the impossibility of
accordance with existing laws, all actions or matters
meeting debts when they respectively fall due, and the
necessary and desirable to rehabilitate the debtor
financial distress would likely adversely affect the
including, but not limited to, amendments to the
financial condition and/or operations of the other
articles of incorporation and by-laws or articles of
member companies of the group is essential under the
partnership; increase or decrease in the authorized
terms and conditions of the proposed rehabilitation
capital stock; issuance of bonded indebtedness;
plan.
alienation, transfer, or encumbrance of assets of the
Section 2. Contents of Petition. - debtor; and modification of shareholders' rights.
(a) The petition filed by the debtor must be verified and (c) Five (5) copies of the petition shall be filed with the
must set forth with sufficient particularity all the court.
following material facts: (1) the name and business of
Section 3. Verification by Debtor. - The petition filed by
the debtor; (2) the nature of the business of the debtor;
the debtor must be verified by an affidavit of a
(3) the history of the debtor; (4) the cause of its inability
responsible officer of the debtor and shall be in a form
to pay its debts; (5) all the pending actions or
substantially as follows:
proceedings known to the debtor and the courts or
tribunals where they are pending; (6) threats or "I, ___________________, (position) of (name of petitioner),
demands to enforce claims or liens against the debtor; do solemnly swear that the petitioner has been duly
and (7) the manner by which the debtor may be authorized to file the petition and that the stockholders
rehabilitated and how such rehabilitation may benefit and board of directors (or governing body) have
the general body of creditors, employees and approved and/or consented to, accordance with law, all
stockholders. actions or matters necessary or desirable to rehabilitate
the debtor. The petition is being filed to protect the
(b) The petition shall be accompanied by the following
interests of the debtor, the stockholders, the inventors
documents:
and the creditors of the debtor, which warrant the
(1) An audited financial statement of the debtor at the appointment of a rehabilitation receiver. There is no
end of its last fiscal year; petition for insolvency filed with any other body, court
(2) Interim financial statements as of the end of the of tribunal affecting the petitioner. The Inventory of
month prior to the filing of the petition; Assets and the Schedule of Debts and Liabilities
contains a full, correct and true description of all debts
(3) A Schedule of Debts and Liabilities which lists all the and liabilities and of all goods, effects, estate and
creditors of the debtor, indicating the name and last property of whatever kind of class belonging to
address of record of each creditor; the amount of each petitioner. The Inventory also contains a full, correct and
claim as to principal, interest, or penalties due as of the true statement of all debts owing or due to petitioner,
date of filing; the nature of the claim; and any pledge, or to any person or persons in trust for petitioner and of
lien, mortgage judgement or other security given for all securities and contracts whereby any money may
the payment thereof; hereafter become due or payable to petitioner or by or
(4) An Inventory of Assets which must list with through which any benefit or advantage may accrue to
reasonable specificity all the assets of the debtor, petitioner. The petition contains a concise statement of
stating the nature of each asset, the location and the facts giving rise, or which might give rise, to any
condition thereof, the book value or market value of the cause of action in favor of petitioner. Petitioner has no
asset, and attaching the corresponding certificate of land, money, stock, expectancy, or property of any kind,
title thereof in case of real property, or the evidence of except those set forth in the Inventory of Assets.
title or ownership in case of movable property, the Petitioner has, in no instance, created or acknowledged
encumbrances, liens or claims thereon, if any, and the a debt for a greater sum than the true and correct
identities and addresses of the lienholders and amount. Petitioner, its officers, directors and
claimants. The Inventory shall include a Schedule of stockholders have not, directly or indirectly, concealed,
Accounts Receivable which must indicate the amount fraudulently sold or otherwise fraudulently disposed of,
of each, the persons from who due, the date of maturity any part of petitioner's real or personal property, estate,
and the degree of collectibility categorizing them as effects or rights of action, and petitioner, its officers,
highly collectible to remotely collectible; directors and stockholders have not in any way
compounded with any of its creditors in order to give
(5) A rehabilitation plan which conforms with the preference to such creditors, or to receive or to accept
minimal requirements set out in Section 18 of Rule 3; any profit or advantage therefrom, or to defraud or
(6) A Schedule of Payments and Disposition of Assets deceive in any manner any creditor to whom petitioner
which the debtor may have effected within three (3) is indebted. Petitioner, its officers, directors, and
months immediately preceding the filing of the stockholders have been acting in good faith and with
petition; due diligence.
(7) A Schedule of Cash Flow of the debtor for three (3) Section 4. Opposition to or Comment on Petition. -
months immediately preceding the filing of the Every creditor of the debtor or any interested party shall
petition, and a detailed schedule of the projected cash file his verified opposition to or comment on the
flow for the succeeding three (3) months; petition not later than fifteen (15) days before the date
of the initial hearing fixed in the stay order. After such
time, no creditor or interested party shall be allowed to



file any comment thereon or opposition thereto including secured creditors holding more than fifty
without leave of court. percent (50%) of the total secured claims of the debtor
If the Schedule of Debts and Liabilities omits a claim or and unsecured creditors holding more than fifty
liability, the creditor concerned shall attach to its percent (50%) of the total unsecured claims of the
comment or opposition a verified statement of the debtor;
obligations allegedly due it. (2) The rehabilitation plan complies with the
Section 5. Initial Hearing. - requirements specified in Section 18 of Rule 3;
(a) On or before the initial hearing set in the order (3) The rehabilitation plan would provide the objecting
mentioned in Section 7 of Rule 3, the petitioner shall class of creditors with payments whose present value
file a publisher's affidavit showing that the publication projected in the plan would be greater than that which
requirements and a petitioner's affidavit showing that they would have received if the assets of the debtor
the notification requirement for foreign creditors had were sold by a liquidator within a six (6) month period
been complied with, as required in the stay order. from the date of filing of the petition; and
(b) Before proceeding with the initial hearing, the court (4) The rehabilitation receiver has recommended
shall determine whether the jurisdictional approval of the plan.
requirements set forth above had been complied with. The approval by the court of the new rehabilitation plan
After finding that such requirements are met, the court shall have the same effect as approval of a
shall ensure that the parties consider in detail all of the rehabilitation plan under Section 20 of Rule 3.
following: Section 8. Creditors' Meetings. - If no new rehabilitation
(1) Amendments to the rehabilitation plan proposed by plan is agreed upon by the debtor and the creditors, the
the debtor; rehabilitation receiver, at any time before he submits
(2) Simplification of the issues; his evaluation on the debtor-proposed rehabilitation
plan to the court as prescribed in Section 7(a)(1) of this
(3) The possibility of obtaining stipulations and Rule, shall, either alone or with the debtor, meet with
admission of facts and documents, including resort to the creditors or any interested party t discuss the plan
request for admission under Rule 26 of the Rule of with a view to clarifying or resolving any matter
Court; connected therewith.
(4) The possibility of amicably agreeing on any issue Section 9. Comments on or Opposition to
brought up in the comments on, or opposition to, the Rehabilitation Plan. - Any creditor or interested party of
petition; record may file comments on or opposition to the
(5) Referral of any accounting, financial and other proposed rehabilitation plan, with a copy given to the
technical issues to an expert; rehabilitation receiver, not later than sixty (60) days
from the date of the last initial hearing. The court shall
(6) The possibility of submitting the petition for decision conduct summary and non-adversarial proceedings to
on the basis of the comments, opposition, affidavit and receive evidence, if necessary, in hearing the comments
other documents on record; on and opposition to the plan.
(7) The possibility of a new rehabilitation plan Section 10. modification of Proposed Rehabilitation
voluntarily agreed upon by the debtor and its creditors; Plan. - The debtor may modify its rehabilitation plan in
and the light of the comments of the rehabilitation receiver
(8) Such other matters as may aid in the speedy and and creditors or any interested party and submit a
summary disposition of the case. revised or substitute rehabilitation plan for the final
approval of the court. Such rehabilitation plan must be
Section 6. Additional Hearings. - The court may hold submitted to the court not later than ten (10) moths
additional hearings as part of the initial hearing from the date of filing of the petition.
contemplated in these Rules but the initial hearing
must be concluded not later than ninety (90) days from Section 11. Approval of Rehabilitation Plan. - The court
the initial date of the initial hearing fixed in the stay may approve a rehabilitation plan even over the
order. opposition of creditors of the debtor if, in its judgement,
the rehabilitation of the debtor is feasible and the
Section 7. Order After Initial Hearing. - opposition of the creditors is manifestly unreasonable if
(a) Within twenty (20) days after the last hearing, the the following are present:
court shall issue an order which shall: (a) The rehabilitation plan complies with the
(1) Give due course to the petition and immediately requirements specified in Section 18 of Rule 3;
refer the petition and its annexes to the rehabilitation (b) The rehabilitation plan would provide the objecting
receiver who shall evaluate the rehabilitation plan and class of creditors with payments whose present value
submit his recommendations to the court not later projected in the plan would be greater than that which
than ninety (90) days from the date of the last initial they would have received if the assets of the debtor
hearing, if the court is satisfied that there is merit to the were sold by a liquidator within a six (6)-month period
petition, otherwise the court shall immediately dismiss from the date of filing of the petition; and
the petition; and
(c) The rehabilitation receiver has recommended
(2) Recite in detail the matters taken up in the initial approval of the plan.
hearing and the action taken thereon, including a
substitute rehabilitation plan contemplated in Sections In approving the rehabilitation plan, the court shall
5 (b)(7) and (8) of this Rule; ensure that the rights of the secured creditors are not
impaired. The court shall also issue the necessary orders
(b) If the debtor and creditors agree on a new or processes for its immediate and successful
rehabilitation plan pursuant to Section 5 (b)(7) of this implementation. it may impose such terms, conditions,
Rule, the order shall so state the fact and require the or restrictions as the effective implementation and
rehabilitation receiver to supply the details of the plan monitoring thereof may reasonably require, or for the
and submit it for the approval of the court not later protection and preservation of the interests of the
than sixty (6) days from the date of the last initial creditors should the plan fall.
hearing. The court shall approve the new rehabilitation
plan not later than ninety (90) days from the date of the Section 12. Period to Decide Petition. - The court shall
last initial hearing upon concurrence of the following: decide the petition within one (1) year from the date of
filing of the petition, unless the court, for good cause
(1) Approval or endorsement of creditors holding at shown, is able to secure an extension of the period from
least two-thirds (2/3) of the total liabilities of the debtor the Supreme Court.



(g) Appoint the rehabilitation receiver named in the

RULE 5 CREDITOR-INITIATED plan, unless the court finds that he is not qualified
under these Rules in which case it may appoint a
REHABILITATION qualified rehabilitation receiver of its choice;
Section 1. Who May Petition. - Any creditor or creditors (h) Stay enforcement of all claims, whether for money
holding at least twenty percent (20%) of the debtor's or otherwise and whether such enforcement is by court
total liabilities may file a petition with the proper action or otherwise, against the debtor, its guarantors
regional trial court for rehabilitation of a debtor that and persons not solidarily liable with the debtor;
cannot meet its debts as they respectively fall due. provided, that the stay order shall not cover claims
Section 2. Requirements for Creditor-Initiated against letters of credit and similar security
Petitions. - Where the petition is filed by a creditor or arrangements issued by a third party to secure the
creditors under this Rule, it is sufficient that the petition payment of the debtor's obligations; provided further,
is accompanied by a rehabilitation plan and a list of at that the stay order shall not cover foreclosure by a
least three (3) nominees to the position of rehabilitation creditor of property not belonging to a debtor under
receiver and verified by a sworn statement that the corporate rehabilitation; provided, however, that where
affiant has read the petition and that its contents are the owner of such property sought to be foreclosed is
true and correct of his personal knowledge or based on also a guarantor or one who is not solidarily liable, said
authentic records and that the petition is being filed to owner shall be entitled to be benefit of excussion as
protect the interests of the debtor, the stockholders, the such guarantor;
investors and the creditors of the debtor. (i) Prohibit the debtor from selling, encumbering,
Section 3. Applicability of Provisions Relating to transferring, or disposing in any manner any of its
Debtor-Initiated Rehabilitation. - The provisions of properties except in the ordinary course of business;
Sections 5 to 12 of Rule 4 shall apply to rehabilitation (j) Prohibit the debtor from making any payment of its
under this Rule. liabilities outstanding as of the date of filing of the
petition;
RULE 6 PRE-NEGOTIATED REHABILITATION (k) Prohibit the debtor's suppliers of goods or services
from withholding supply of goods and services in the
Section 1. Pre-negotiated Rehabilitation Plan. - A ordinary course of business for as long as the debtor
debtor that foresees the impossibility of meeting its makes payments for the services and goods supplied
debts as they fall due may, by itself or jointly with any of after the issuance of the stay order;
its creditors, file a verified petition for the approval of a
pre-negotiated rehabilitation plan. The petition shall (l) Direct the payment in full of all administrative
comply with Section 2 of Rule 4 and be supported by an expenses incurred after the issuance of the stay order;
affidavit showing the written approval or endorsement and
of creditors holding at least two-thirds (2/3) of the total (m) Direct the payment of new loans or other forms of
liabilities of the debtor, including secured creditors credit accommodations obtained for the rehabilitation
holding more than fifty percent (50%) of the total of the debtor with prior court approval.
secured claims of the debtor and unsecured creditors
Section 3. Approval of Plan. - Within ten (10) days from
holding more than fifty percent (50%) of the total
the date of the second publication of the order referred
unsecured claims of the debtor.
to in Section 2 of this Rule, the court shall approve the
Section 2. Issuance of Order. - If the court finds the rehabilitation plan unless a creditor or other interested
petition sufficient in form and substance, it shall, not party submits a verified objection to it in accordance
later than five (5) working days from the filing of the with the next succeeding section.
petition, issue an order which shall:
Section 4. Objection to Petition or Rehabilitation Plan.
(a) Identify the debtor, its principal business or - Any creditor or other interested party may submit to
activity/ies and its principal place of business; the court a verified objection to the petition or the
(b) Direct the publication of the order in a newspaper of rehabilitation plan. The objection shall be limited to the
general circulation once a week for at least two (2) following:
consecutive weeks, with the first publication to be (a) The petition or the rehabilitation plan or their
made within seven (7) days from the time of its attachments contain material omissions or are
issuance; materially false or misleading;
(c) Direct the service by personal delivery of a copy of (b) The terms of rehabilitation are unattainable; or
the petition on each creditor who is not a petitioner
(c) The approval or endorsement of creditors required
holding at least five percent (5%) of the total liabilities of
under Section 1 of this Rule has not been obtained
the debtor, as determined in the schedule attached to
the petition, within three (3) days; Copies of any objection to the petition or the
rehabilitation plan shall be served on the petitioning
(d) Direct the petitioner to furnish a copy of the petition
debtor and/or creditors.
and its annexes, as well as the stay order, to the relevant
regulatory agency; Section 5. Hearing on Objections. - The court shall set
the case for hearing not earlier than ten (10) days and
(e) State that copies of the petition and the
no longer than twenty (20) days from the date of the
rehabilitation plan are available for examination and
second publication of the order mentioned in Section 2
copying by any interested party;
of this Rule on the objections is in accordance with the
(f) Direct creditors and other parties interested immediately preceding section, it shall direct the
(including the Securities and Exchange Commission petitioner to cure the defect within a period fifteen (15)
and the relevant regulatory agencies such as, but not days from receipt of the order.
limited to, the Bangko Sentral ng Pilipinas, the
Section 6. Period for Approval of Rehabilitation Plan. -
Insurance Commission, the National
The court shall decide the petition not later than one
Telecommunications Commission, the Housing and
hundred twenty (120) days from the date of the filing of
Land Use Regulatory Board and the Energy Regulatory
the petition. If the court fails to do so within said period,
Commission) in opposing the petition or rehabilitation
the rehabilitation plan shall be deemed approved.
plan to file their verified objections thereto or
comments thereon within a period of not later than Section 7. Effects of Approval of Rehabilitation Plan. -
twenty (20) days from the second publication of the Approval of the rehabilitation plan under this Rule shall
order, with a warning that failure to do so will bar them have the same legal effect as approval of a
from participating in the proceedings; rehabilitation plan under Section 20 of Rule 3.


Section 8. Revocation of Approved Rehabilitation Plan. (a) Any substantial change in the status of the foreign
- Not later than thirty (30) days from the approval of a proceeding or the status of the foreign representative's
rehabilitation plan under this Rule, the plan may, upon appointment; and
motion and after notice and hearing, be revoked on the (b) Any other foreign proceeding regarding the same
ground that the approval was secured by fraud or that debtor that becomes known to the foreign
the petitioner has failed to cure the defect ordered by representative.
the court pursuant to Section 5 of this Rule.
Section 7. Provisional Relief that May be Granted upon
Section 9. Effect of Rule on Pending Petitions. - Any Application for Recognition of Foreign Proceeding. -
pending petition for rehabilitation that has not From the time of filing a petition for recognition until
undergone the initial hearing prescribed under the the same is decided upon, the court may, upon motion
Interim Rules of Procedure for Corporate Rehabilitation of the foreign representative where relief is urgently
at the time of the effectivity of these Rules may be needed to protect the assets of the debtor or the
converted into a rehabilitation proceeding under this interests of the creditors, grant relief of a provisional
Rule. nature, including:
(a) Staying execution against the debtor's assets;
RULE 7 RECOGNITION OF FOREIGN (b) Entrusting the administration or realization of all or
PROCEEDINGS part of the debtor's assets located in the Philippines to
Section 1. Scope of Application. - This Rule applies the foreign representative or another person
where (a) assistance is sought in a Philippine court by a designated by the court in order to protect and
foreign court or a foreign representative in connection preserve the value of assets that, by their nature or
with a foreign proceeding; (b) assistance is sought in a because of other circumstances, are perishable,
foreign State in connection with a domestic proceeding susceptible to devaluation or otherwise in jeopardy;
governed by these Rules; or (c) a foreign proceeding (c) Any relief mentioned in Section 9(a)(1), (2) and (7) of
and a domestic proceeding are concurrently taking this Rule.
place. Section 8. Effects of Recognition of Foreign
The sole fact that a petition is filed pursuant to this Rule Proceeding. - Upon recognition of a foreign proceeding:
does not subject the foreign representative or the (a) Commencement or continuation of individual
foreign assets and affairs of the debtor to the actions or individual proceedings concerning the
jurisdiction of the local courts for any purpose other debtor's assets, rights, obligations or liabilities is stayed;
than the petition. provided, that such stay does not affect the right to
Section 2. Non-Recognition of Foreign Proceeding. - commence individual actions or proceedings to the
Nothing in this Rule prevents the court from refusing to extent necessary to preserve a claim against the debtor.
take an action governed by this Rule if (a) the action (b) Execution against the debtor's assets is stayed; and
would be manifestly contrary to the public policy of the
Philippines; and (b) if the court finds that the country of (c) The right to transfer, encumber or otherwise dispose
which the petitioner is a national does not grant of any assets of the debtor is suspended.
recognition to a Philippine rehabilitation proceeding in Section 9. Relief That May be Granted After
a manner substantially in accordance with this Rule. Recognition of Foreign Proceeding. -
Section 3. Petition for Recognition of Foreign (a) Upon recognition of a foreign proceeding, where
Proceeding. - A foreign representative may apply with necessary to protect the assets of the debtor or the
the Regional Trial Court where the debtor resides for interests of the creditors, the court may, upon motion of
recognition of the foreign proceeding in which the the foreign representative, grant any appropriate relief
foreign representative has been appointed. including:
A petition for recognition shall be accompanied by: (1) Staying the commencement or continuation of
(a) A certified copy of the decision commencing the individual actions or individual proceedings concerning
foreign proceeding and appointing the foreign the debtor's assets, rights, obligations or liabilities to the
representative; or extent they have not been stayed under Section 8(a) of
this Rule;
(b) A certificate from the foreign court affirming the
existence of the foreign proceeding and of the (2) Staying execution against the debtor's assets to the
appointment of the foreign representative; or extent it has not been stayed under Section 8(b) of this
Rule;
(c) In the absence of evidence referred to in
subparagraph (a) and (b), any other evidence (3) Suspending the right to transfer, encumber or
acceptable to the court of the existence of the foreign otherwise dispose of any assets of the debtor to the
proceeding and of the appointment of the foreign extent this right has not been suspended under Section
representative. 8(c) of this Rule;
Section 4. Recognition of Foreign Proceeding. - A (4) Providing for the examination of witnesses, the
foreign proceeding shall be recognized if: taking of evidence or the delivery of information
concerning the debtor's assets, affairs, rights,
(a) The proceeding is a foreign proceeding as defined obligations or liabilities;
herein;
(5) Entrusting the administration or realization of all or
(b) The person or body applying for recognition is a part of the debtor's assets located in the Philippines to
foreign representative as defined herein; and the foreign representative or another person
(c) The petition meets the requirements of Section 3 of designated by the court;
this Rule; (6) Extending the relief granted under Section 7 of this
Section 5. Period to Recognize Foreign Proceeding. - A Rule;
petition for recognition of a foreign proceeding shall be (7) Granting any additional relief that may be available
decided within thirty (30) days from the filing thereof. to the rehabilitation receiver under these laws.
Section 6. Notification to Court. - From the time of (b) Upon recognition of a foreign proceeding, the court
filing the petition for recognition f the foreign may, at the request of the foreign representative,
proceeding, the foreign representative shall inform the entrust the distribution of all or part of the debtor's
court promptly of: assets located in the Philippines to the foreign
representative or another person designated by the


court; provided that the court is satisfied that the of the debtor that, under local laws, must be
interests of local creditors are adequately protected. administered in that proceeding.
Section 10. Protection of Creditors and Other Interested Section 16. Local and Foreign Proceedings. - Where a
Persons. - foreign proceeding and a local proceeding are taking
(a) In granting or denying relief under this Rule or in place concurrently regarding the same debtor, the
modifying or terminating the relief under paragraph (c) court shall seek cooperation and coordination under
of this Section, the court must be satisfied that the Section 13 and 14 of this Rule. Any relief granted to the
interests of the creditors and other interested persons, foreign proceeding must be made consistent with the
including the debtor, are adequately protected. relief granted in the local proceeding.
(b) The court may subject the relief granted under

Section 7 or Section 9. Of this Rule to conditions it RULE 8 PROCEDURAL REMEDIES
considers appropriate.
Section 1. Motion for Reconsideration. - A party may file
(c) The court may, upon motion of the foreign a motion for reconsideration of any order issued by the
representative or a person affected by the relief granted court prior to the approval of the rehabilitation plan. No
under Section 7 or Section 9 of this Rule, or on its own relief can be extended to the party aggrieved by the
motion, modify or terminate such relief. court's order on the motion through a special civil
Section 11. Actions to Avoid Acts Detrimental to action for certiorari under Rule 65 of the rules of Court.
Creditors. - Upon recognition of a foreign proceeding, Such order can only be elevated to the Court of Appeals
the foreign representative acquires the standing to as an assigned error in the petition for review of the
initiate actions to avoid or otherwise render ineffective decision or order approving or disapproving the
acts detrimental to creditors that are available under rehabilitation plan.
these Rules. An order issued after the approval of the rehabilitation
Section 12. Intervention by Foreign Representative in plan can de reviewed only through a special civil action
Philippine Proceedings. - Upon recognition of a foreign for certiorari under Rule 65 of the Rules of Court.
proceeding, the foreign representative may intervene in Section 2. Review of Decision or Order on
any action or proceeding in the Philippines in which Rehabilitation Plan. - an order approving or
the debtor is a party. disapproving a rehabilitation plan can only be reviewed
Section 13. Cooperation and Direct Communication through a petition for review to the Court of Appeals
with Foreign Courts and Foreign Representatives. - In under Rule 43 of the Rules of Court within fifteen (15)
matters covered by this Rule, the court shall cooperate days from notice of the decision or order.
to the maximum extent possible with foreign courts or
foreign representatives. RULE 9 FINAL PROVISIONS
The court is entitled to communicate directly with, or
request information or assistance directly from, foreign Section 1. Severability. - If any provision or section of
courts or foreign representatives. these Rules is held invalid, the other provisions or
sections shall not be affected thereby.
Section 14. Forms of Cooperation. - Cooperation may
be implemented by any appropriate means, including Section 2. Transitory Provision. - Unless the court orders
but not limited to the following: otherwise to prevent manifest injustice, any pending
petition for rehabilitation that has not undergone the
(a) Appointment of a person or body to act at the initial hearing prescribed under the Interim Rules of
discretion of the court; Procedure for Corporate Rehabilitation at the time of
(b) Communication of information by any means the effectivity of these Rules shall be governed by these
considered appropriate by the court; rules.
(c) Coordination of the administration and supervision Section 3. Effectivity. - These Rules shall take effect on
of the debtor's assets and affairs; 16 January 2009 following its publication in two (2)
newspapers of general circulation in the Philippines.
(d) Approval or implementation by courts of
agreements concerning the coordination of
proceedings; ANNEX "A" AFFIDAVIT OF GENERAL
(e) Coordination of concurrent proceedings regarding FINANCIAL CONDITION
the same debtor;
(1) Are you an officer of the debtor referred to in these
(f) Suspension of proceedings against the debtor; proceedings?
(g) Limiting the relief of assets that should be (2) What is your full name and what position do you
administered in a foreign proceeding pending in a hold in the debtor?
jurisdiction other than the place where the debtor has
its principal place of business (foreign non-main (3) What is the full name of the debtor and what is the
proceeding) or information required in that proceeding; address of its head office?
and (4) When was it formed or incorporated?
(h) Implementation of rehabilitation or re-organization (5) When did the debtor commence business?
plan for the debtor. (6) What is the nature of its business? What is the
Nothing in this Rule limits the power of the court to market share of the debtor in the industry in which it is
provide additional assistance to the foreign engaged?
representative under other applicable laws. (7) Who are the parties, members, or stockholders?
Section 15. Commencement of Local Proceeding after How many employees?
Recognition of Foreign Proceeding. - After the (8) What is the capital of the debtor?
recognition of a foreign proceeding, a local proceeding
under these Rules may be commenced only if the (9) What is the capital contribution and what is the
debtor is doing business in the Philippines, the effects amount of the capital, paid and unpaid, of each of the
of the proceedings shall be restricted to the assets of partners or shareholders?
the debtor located in the country and, to the extent (10) Do any of these people hold the shares in trust for
necessary to implement cooperation and coordination others?
under Sections 13 and 14 of this Rule, to the other assets
(11) Who are the directors and officers of the debtors?


(12) Has the debtor any subsidiary corporation? If so,

give particulars? RULE I SCOPE
(13) Has the debtor properly maintained its books and
Section 1. Title and coverage. – These Rules shall be
are they updated?
known and cited as The 2010 Rules of Procedure for
(14) Were the books audited annually? Municipal Election Contests.
(15) If so, what is the name of the auditor and when was These Rules shall apply to election contests under the
the last audited statement drawn up? Automated Election System using the Precinct Count
(16) Have all proper returns been made to the various Optical Scan, and shall govern the filing of pleadings,
government agencies requiring same? practice and procedure in these contests.
(17) When did the debtor first become aware of its Section 2. Application of the Rules of Court. – The Rules
problems? of Court shall apply to aspects of pleadings, practice
and procedure in election contests not specifically
(18) Has the debtor within the twelve months preceding provided for in these Rules.
the filing of the petition:
Section 3. Explanation of terms. – For purposes of and
(a) made any payments, returned any goods or as used in these Rules:
delivered any property to any of its creditors, except in
the normal course of business? (a) Courts – refers to the Regional Trial Court;
(b) executed any mortgage, pledge, or security over any (b) Election – means the choice or selection of
of its properties in favor of any creditor? candidates for public office by popular vote through
the use of the ballot. Specifically, it covers the conduct
(c) transferred or disposed of any of its properties in of the polls, including the listing of voters, the holding
payment of any debt? of the electoral campaign, the casting and counting of
(d) sold, disposed of, or removed any of its property ballots, the consolidation and transmission of results,
except in the ordinary course of business? and the canvassing of the returns;
(e) sold any merchandise at less than fair market value (c) Automated Election System or AES – refers to an
or purchased merchandise or services at more than fair election system using the technology designated by
market value? the Commission on Elections (COMELEC) for voting,
counting, consolidating, canvassing, transmission of
(f) made or been a party to any settlement of property election results, and the returns;
in favor of any person?
(d) Precinct Count Optical Scan or PCOS – refers to the
If, so, give particulars. machine as well as the technology using an optical
(19) Has the debtor recorded all sales or dispositions of ballot scanner, located in every precinct, that scans or
assets? reads paper ballots that voters mark by hand and insert
into the scanner to be counted;
(20) What were the sales for the last three years and
what percentage of the sales represented the profit or (e) Official ballot – refers to the paper ballot, capable of
markup? being optically scanned, with the pre-printed names of
all candidates and with ovals corresponding to each of
(21) What were the profits or losses for the debtor for
the printed names. The ovals are the spaces where
the last three years?
voters express their choice through marking or shading
(22) What are the causes of the problems of the debtor? using a COMELEC-provided marking pen.
Please provide particulars?
(f) Picture Image of the Ballot – refers to the image of
(23) When did you first notice these problems and what the ballot captured by the PCOS machine at the time
actions did the debtor take to rectify them? the voter feeds his/her ballot, which image is later
(24) How much do you estimate is needed to stored in a memory or removable data storage device
rehabilitate the debtor? attached to the PCOS machines.
(25) Has any person expressed interest in investing new (g) Election Return – refers to the document showing
money into the debtor? the date of the election, the province, city, municipality
and the precinct where voting is held, and the number
(26) Are there any pending and threatened legal actions of votes in figures for each candidate in a precinct or in
against the debtor? If so, please provide particulars. clustered precincts.
(27) Has the debtor discussed any restructuring or (h) Electronic Election Return – refers to the copy of the
repayment plan with any of the creditors? Please election return in electronic form, generated by the
provide status and details. PCOS machine, that is electronically transmitted to: (1)
(28) Has any creditor expressed interest in restructuring the Municipal Board of Canvassers for the official
the debts of the debtor? If so, please give particulars. canvass; (2) the COMELEC Back-Up Server; (3) the server
for the dominant majority party; (4) the server for
(29) Have employees' wages and salaries been kept dominant minority party; (5) server for the citizen’s arm
current? If not, how much are in arrears and what time authorized by the COMELEC to conduct a parallel
period do the arrears represent? count; and (6) the Kapisanan ng mga Broadcaster sa
(30) Have obligation to the government and its Pilipinas or KBP.
agencies been kept current? If not, how much are in (i) Printed Election Return – refers to the copy of the
arrears and what time period do the arrears represent? election return printed by the PCOS machine on paper,
and authenticated by the manual signatures and
thumbmarks of the Board of Election Inspectors (BEI)
A.M. No. 10-4-1-SC | 2010 RULES OF members.
PROCEDURE FOR MUNICIPAL ELECTION (j) Electronic transmission – refers to the act of
CONTESTS conveying data in electronic form from one location to
another.
(k) Canvass proceedings – refers to the proceedings
that involve the consolidation of precinct election
results at the municipal level. The term also includes
the formal proclamation of the election winners at the
municipal level.


(l) Consolidation machine – refers to the machine used (w) Revision of ballots – refers to the recount of ballots
during the canvass proceedings to consolidate at every through their physical count; the segregation of ballots
canvass level. for the protestant, the protestee and other candidates
(m) Statement of Votes by Precinct, Municipality, City, for the same position and the recording of the
District, Province, or Overseas Absentee Voting (OAV) objections and claims to these ballots.
Station -–refers to a document in electronic and in (x) Promulgation – refers to the process of officially
printed form generated by consolidation machines or issuing the court’s decision or order in an election
by computers during the canvass proceedings. This contest.
document records the votes obtained by candidates in Section 4. Inherent powers of the court. – A regional
each precinct, municipality, city, district, province, or trial court acting on an election contest shall have all
OAV Station, as the case may be. the inherent powers of a court provided under Rule 135
(n) Municipal Certificate of Canvass – refers to the of the Rules of Court, including the power to issue
document in electronic and in printed form, containing auxiliary writs, processes, and other means necessary to
the total votes in figures obtained by each candidate in carry its authority or jurisdiction into effect and to adopt
the municipality the electronic form of which is the suitable processes not expressly provided by, but
official canvass result in the municipality conformable with, law, these Rules, or the Rules of
electronically-transmitted to a higher canvass level. Court.
(o) Certificate of Canvass and Proclamation – refers to Section 5. Construction. – The Rules shall be liberally
the official document in printed form, containing the constructed to achieve a just, expeditious, and
names of all candidates who obtained the highest inexpensive determination and disposition of municipal
number of votes in a particular municipality and election contests.
certifying to these candidates’ proclamation as winners.
(p) Data Storage Device – refers to the device that stores RULE 2 ELECTION CONTESTS
electronic documents from where data may be
obtained when necessary to verify the accuracy and Section 1. Jurisdiction of regional trial courts. –
correctness of election data. The data storage device Regional trial courts shall have exclusive original
used in a PCOS shall be under the custody and direct jurisdiction over all election contests involving
responsibility of the election officer after completion of municipal officials.
the voting process. A data storage device includes the Section 2. How initiated. – An election contest is
back-up storage device under COMELEC custody that initiated by the filing of an election protest or a petition
likewise stores authentic electronic copies of data. for quo warranto against an elective municipal official.
(q) Audit Log – refers to the electronic document, stored An election protest or a petition for quo warranto shall
in the PCOS machine’s data storage device, containing be filed directly with the court in three legible copies
the list of all activities the PCOS machine performs plus such number of copies corresponding to the
from the time that it is powered on until it is turned off. number of protestees or respondents.
(r) Electronic document – refers to the record of An election protest shall not include a petition for quo
information or the representation of information, data, warranto, nor shall a petition for quo warranto include
figures, symbols or other modes of written expression, an election protest.
described or however represented, by which a fact may Section 3. Modes of service and filing. – Service and
be proved and affirmed, which is received, recorded, filing of pleadings, including the initiatory petition and
transmitted, stored, processed, retrieve or produced other subsequent papers, shall be done personally.
electronically. It includes digitally-signed documents Except for papers emanating from the court, resort to
and any printout or output, readable by sight or other other modes of service must be accompanied by a
means, that accurately reflects the electronic written explanation why the service or filing was not
document. done personally. A pleading or motion violating this
For purposes of these Rules, an electronic document Rule shall be considered not to have been filed.
refers to either the picture image of the ballots or the Section 4. Election protest. – A petition contesting the
electronic copies of the election returns, the statements election or returns for an elective municipal office shall
of votes, the certificates of canvass, the audit log, and be filed with the proper Regional Trial Court by an
other electronic data processed by the PCOS and candidate who was voted for the same office and who
consolidation machines. received the second or third-highest number of votes
(s) Manual count of ballots – where voting using the or, in a multi-slot position, was among the next four
AES ballots proceeded manually because the PCOS candidates following the last-ranked winner duly
machines could not be used, votes shall be counted proclaimed, as reflected in the official results of the
manually under the guidelines provided by the election contained in the Statement of Votes by
COMELEC, and the courts shall be guided accordingly. Precinct. The party filing the protest shall be
designated as the protestant; the adverse party shall be
(t) Election contests – refers to election protests or
known as the protestee.
petitions for quo warranto.
Each contest shall refer exclusively to one office;
(u) Election protest – refers to an election contest
however, contests for offices of the Sangguniang Bayan
involving the election and returns of municipal elective
may be consolidated in one case.
officials, grounded on fraud or irregularities committed
in the conduct of the elections, i.e., in the casting and Section 5. Quo warranto. – A petition for quo warranto
the counting of the ballots, in the consolidation of votes against an elective municipal official shall be filed with
and in the canvassing of returns, not otherwise the proper Regional Trial Court by any registered voter
classified as a pre-proclamation controversy cognizable who voted in the municipal election. The party filing
by the COMELEC. The issue is who obtained the the petition shall be designated as the petitioner; the
plurality of valid votes cast. adverse party shall be known as the respondent.
(v) Quo Warranto under the Omnibus Election Code – Section 6. Petition must be verified and accompanied
refers to an election contest involving the qualifications by a certificate of non-forum shopping. – An election
for office of an elective municipal official, on the ground protest or a petition for quo warranto shall be verified
of ineligibility or disloyalty to the Republic of the by an affidavit stating that the affiant has read the
Philippines. The issue is whether the respondent petition and that its allegations are true and correct of
possesses all the qualifications and none of the the affiant’s own knowledge or based on authentic
disqualifications prescribed by law. records. A verification based on "information and belief"


or upon "knowledge, information and belief" is not The Court may order a change of venue or place or trial
sufficient. for compelling reasons to avoid a miscarriage of justice.
The protestant or petitioner shall sign personally the Section 12. Summary dismissal of election contests. –
certificate of non-forum shopping, which must be The court shall summarily dismiss, motu proprio, an
annexed to the election protest or petition for quo election protest, counter-protest or petition for quo
warranto. warranto on any of the following grounds:
An unverified or insufficiently verified petition or one (a) The court has no jurisdiction over the subject matter;
that lacks a certificate of non-forum shopping shall be (b) The petition is insufficient in form and content as
dismissed outright and shall not suspend the running required under Section 10;
of the required period for the filing of an election
protest or petition for quo warranto. (c) The petition is filed beyond the period prescribed in
these Rules;
Section 7. Period to file protest or petition;
non-extendible. – The election protest or petition for (d) The filling fee is not paid within the period for filling
quo warranto shall be filed within a non-extendible the election protest or petition for quo warranto; and
period of ten (10) days counted from the date of (e) In a protest case where cash deposit is required, the
proclamation. deposit is not paid within five (5) days from the filling of
Section 8. Pendency of pre-proclamation controversy. – the protest.
The pendency of a pre-proclamation controversy,
involving the validity of the proclamation as defined by
law, shall suspend the running of the period for the RULE 3 SUMMONS
filing of an election protest or petition for quo warranto. Section 1. Summons. – Within twenty-four (24) hours
Section 9. COMELEC judgment in disqualification from the filling of a protest or petition, the clerk of court
case. – The decision of the COMELEC, either en banc or shall issue the corresponding summons to the
in division, in a disqualification case shall not be a bar to protestee or to the respondent, together with a copy of
the filing of a petition for quo warranto based on the the protest or petition, requiring the filling of an answer
same ground, except when the Supreme Court has within a non-extendible period of five days from notice.
affirmed the COMELEC decision. Section 2. Service of summons. – The summons shall
Section 10. Contests of the protest or petition. – (a) An be served by handing copies of the summons and of
election protest or petition for quo warranto shall the protest or the petition to the protestee or the
commonly and specifically state the following facts: respondent in person or, in case of the protestee’s or
the respondent’s refusal to receive and sign these
(i) the position involved; copies, by tendering them to him or her.
(ii) the date of proclamation; and If, for justifiable causes, the protestee or the respondent
(iii) the number of votes credited to the parties per the cannot be served in person as provided above, service
proclamation. may be effected by leaving copies of the summons and
the protest or the petition at:
(b) A quo warranto petition shall also state:
(a) The protestee’s or the respondent’s residence, with a
(i) if the petitioner is not a candidate for the same
person of suitable age and discretion residing therein,
municipal position, the facts giving the petitioner
or
standing to file the petition;
(b) The protestee’s or the respondent’s office or regular
(ii) the qualifications for the municipal office and the
place of business, with a competent person in charge
disqualifications prescribed by law;
thereof.
(iii) the petitioner’s cited ground for ineligibility or the
Section 3. By whom served. – The summons shall be
specific acts of disloyalty to the Republic of the
served by a sheriff, a deputy sheriff, a process server or
Philippines.
any other suitable person authorized by the court
(c) An election protest shall also state: issuing the summons.
(i) that the protestant was a candidate who had duly
filed a certificate of candidacy and had been voted for RULE 4 ANSWER AND COUNTER-PROTEST
the same office;
(ii) the total number of precincts in the municipality; Section 1. Verified answer; counter-protest. – Within
five (5) days from receipt of the summons and the copy
(iii) the protested precincts and votes of the parties are of the protest or petition, the protestee or the
not specified, an explanation why the votes are not respondent shall file an answer in three (3) legible
specified; and copies, with proof of service of a copy on the protestant
(iv) a detailed specification of the acts or omissions or the petitioner.
complained of showing the electoral frauds, anomalies The answer shall be verified and may set forth
or irregularities in the protested precincts. admissions and denials, special and affirmative
Section 11. Raffle of cases. – The Supreme Court shall defenses, and a compulsory counterclaim. The
designate the Regional Trial Court within a judicial protestee may incorporate a counter-protest in the
region that shall take cognizance of election protests answer.
and petitions for quo warranto. A raffle conducted by The counter-protest shall specify the counter-protested
the executive judge shall determine the assignment of precincts and the parties’ votes per the Statement of
cases to these courts except in single-sala courts or Votes by Precinct and, in the proper case, a detailed
courts specifically designated by the Supreme Court. specification of the acts or omissions complained of as
No court shall assume jurisdiction over an election electoral fraud, anomalies or irregularities in the
contest unless the case has been properly assigned to it counter-protested precincts; if the votes are not so
as provided herein. specified, an explanation should be made for the
At least twenty-four (24) hours before the raffle, the omission.
clerk of court must serve personal notice to the parties, Section 2. Answer to counterclaim or counter-protest. –
stating the date and time of the raffle. Proof of service The protestant or petitioner shall answer the
to the parties shall be submitted to the court, and the counterclaim or counter-protest within a
raffle shall be open to the public. The Supreme Court non-extendible period of five (5) days from notice.
shall issue the necessary circular implementing this
proviso. Section 3. Allegations in the answer. –


(a) Specific denial. – A protestee or respondent must Section 2. Proof of service necessary. – The court shall
specify each material allegation of fact whose truth he not act on any written motion, except upon submitted
or she does not admit; whenever practicable, he or she proof of service on the adverse party.
shall set forth the substance of the matters upon to Section 3. No hearings on motions. – No motion shall
support the denial. The protestee or respondent shall be set for hearing, and no oral argument shall be
specify the averments that are true and material, and allowed in support of any motion, except upon the
shall deny the rest. court’s express. A motion shall be deemed submitted
(b) Allegations not specify denied deemed admitted. – for resolution unless the adverse party files his or her
Material averments in the protest or petition, other than written objections within five (5) days from service. The
the amount of unliquidated damages and issues on the court shall resolve a motion within (5) days from the
appreciation of ballots, shall be deemed admitted when time it is deemed submitted for resolution.
not specifically denied.
Section 4. Effect of failure to plead. – RULE 6 PROHIBITED PLEADINGS
(a) Defenses and objections not pleaded. – Defenses
Section 1. Prohibited pleadings and motions. – The
and objections not pleaded are deemed waived. The
following pleadings, motions or petitions shall not be
court shall dismiss the claim when it appears from the
allowed in the cases covered by these Rules:
pleadings or the evidence on record that (1) the court
has no jurisdiction over the subject matter; or (2) there (a) Motion to dismiss the petition, except on the ground
is another action pending between the same parties for of lack of jurisdiction over the subject matter;
the same cause; or (3) the action is barred by a prior (b) Motion for a bill of particulars;
judgement or by the statute of limitations.
(c) Demurrer to evidence;
(b) Compulsory counterclaim or cross-claim not set up
barred. – A compulsory counterclaim or a cross-claim (d) Motion for new trial, or for the reconsideration of a
not set up shall be barred. judgment, or for reopening of trial;
(c) Effect of failure to answer. – If the protestee or the (e) Petition for relief from judgment;
respondent fails to answer within the time allowed in (f) Motion for extension of time to file pleadings,
an election protest that does not involve ballot revision affidavits or other papers;
or in a petition for quo warranto, the court – upon
motion of the Protestant or the petitioner, with notice (g) Memoranda, except as provided under Section 7,
to the protestee or the respondent, and upon proof of Rule 13 of these Rules;
such failure – shall proceed to render judgment (h) Motion to declare the protestee or the respondent in
granting the relief prayed for on the basis of the default;
allegations of the verified protest or petition, unless the
(i) Dilatory motion for postponements;
court in its discretion opts to require the protestant or
the petitioner to submit evidence ex parte. (j) Motion for the inhibition of the presiding judge,
except on clearly valid grounds;
Where the election protest involves revision or
examination of ballots or the verification or (k) Reply or rejoinder; and
re-tabulation of the election returns, the court shall (l) Third-party complaint.
issue the appropriate order and shall proceed to render
judgment based on the results of the revision, Section 2. Grounds to dismiss be set up in the answer. –
examination, verification or re-tabulation. During these All grounds to dismiss an election protest or petition for
proceedings, only the protestant’s revisors may quo warranto must be set up or pleased as affirmative
participate. The protestee, or his or her duly authorized or special defenses. Defenses not raised are deemed
representative, has the right to be present and to waived. The court may, at its discretion, hold a
observe the proceedings, without the right to object preliminary hearing on the grounds so pleaded.
and to lay claim to ballots and election returns.
Section 5. How to compute time. – In computing any RULE 7 FILING FEES AND CASH DEPOSITS
period of time prescribed or allowed by these Rules, by
order of the court or by any applicable statute, the day Section 1. Filing fees. – No protest, counter-protest or
of the act or the event marking the start when time petition for quo warranto shall be accepted for filling
begins to run is to be excluded and the date of without the payment of a filing fee in the amount of
performance included. If the last day of the period, as so Three Thousand Pesos (P3,000.00) for every protest,
computed, falls on a Saturday, a Sunday, or a legal counter-protest or petition for quo warranto filed.
holiday in the place where the court sits, time shall not If claims for damages and attorney’s fees are set forth in
run until the next working day. a protest or counter-protest, additional filing fees shall
Section 6. Amendments; limitations. – After the be paid in accordance with the schedule under Rule 141
expiration of the period for the filling of an election of the Rules of Court, as amended.
protest, counter-protest or petition for quo warranto, Section 2. Cash deposit. –
substantial amendments that broaden the scope of the
action or introduce an additional cause of action may (a) In addition to the fees prescribed in the preceding
be allowed only upon leave of court. Leave of court may section, the protestant in an election protest requiring
be refused if the motion for leave appears to the court revision or examination of ballots, or the verification or
to be intended for delay. Any amendment in matters of re-tabulation of election returns, or which may require
form – such as a defect in the designation of the parties bringing copies of other election documents and
and other clearly clerical or typographical errors – may paraphernalia to court, shall make a cash deposit with
summarily corrected by the court at any stage of the the court in the following amounts:
proceedings, at its initiative or on motion, provided the i. One Thousand Pesos (P1,000.00) for each precinct
correction does not prejudice the adverse party. covered by the protest or counter-protest, provided that
the deposit shall in no case be less than Twenty-five
Thousand Pesos (P25,000.00) to be paid upon the filling
RULE 5 MOTIONS of the election protest or counter-protest;
Section 1. Motions must be in writing. – All motions ii. Twenty-five Thousand Pesos (P25,000.00) for the cost
shall be in writing, except for those made in open court. of bringing to court and of storing and maintaining the
PCOS, the consolidation machines and other
automated election paraphernalia brought to court as


evidence or as necessary equipment in considering the shall not be reason to postpone or delay the retrieval or
protested or counter-protested ballots; transfer of the above-mentioned equipment, devices
iii. If the amount to be deposit does not exceed One and election documents.
Hundred Thousand Pesos (P100,000.00), the required The court, at its discretion, may seek the assistance of
sum shall be paid in full within ten (10) days from the the Philippine National Police (PNP) or the Armed
filling of the protest or counter-protest; and Forces of the Philippines in ensuring the safe delivery of
iv. If the required deposit shall exceed One Hundred the ballot boxes and the election equipment, devices
Thousand Pesos (P100,000.00), a cash deposit in the and documents to its custody.
amount of One Hundred Thousand Pesos (P100,000.00) Where any of the ballot boxes, ballots, PCOS machines,
shall be made within ten (10) days from the filling of the data storage devices, election returns, election
protest or counter-protest. The balance shall be paid in documents or paraphernalia mentioned above are also
installments under the schedule the court may require involved in election contests before other for a (such as
after hearing the Protestant or counter-Protestant on the Presidential Electoral Tribunal, the Senate Electoral
the matter. Tribunal, the House of Representatives Electoral
The cash deposit shall be applied by the court to the Tribunal or the Commission on Elections) with
payment of the compensation of revisors as provided preferential rights of custody and revision in
under Section 3, Rule 10 of these Rules, and of all the simultaneous protests under COMELEC Resolution No.
expenses incidental to revision, including but not 2812 dated 17 October 1995, the court shall coordinate
limited to the cost of supplies and miscellaneous with and make the appropriate request with the higher
expenses of the revision committee, the cost of the tribunals for the temporary prior custody of ballot
production in court and the storage and maintenance boxes, PCOS machines, electronic data storage devices
of automated election equipment and paraphernalia. and other election documents and paraphernalia, or for
the synchronization of revision activities.
When circumstances so demand (such as when the
deposit has been or is about to be depleted), the court The expenses necessary and incidental to the
may require the payment of additional cash deposits. production in court of the ballot boxes and election
Any unused cash deposit shall be returned to the documents and the production, storage and
depositing party after the complete termination of the maintenance of PCOS machines, data storage devices,
protest or counter-protest. and automated election paraphernalia and documents
shall be shouldered and promptly paid by the
The same amount of cash deposit shall be required protestant and counter-protestant in proportion to the
from the protestee (counter-protestant), should precincts covered by their protects or counter-protests.
continuation of revision be ordered pursuant to The expenses necessary and incidental to the return of
paragraph 2, Section 10, Rule 10 of these Rules. Once the materials and documents produced in court to
required, the protestee (counter-protestant) shall pay their original custodians or to the proper tribunal after
the cash deposit within a non-extendible period of the termination of the case shall likewise be shared
three days from receipt of the court’s order. proportionately by the protestant and the protestee
(b) Failure to make the cash deposits required within based on the number of precincts they respectively
the prescribed time limit shall result in the automatic contest.
dismissal of the protest or counter-protest. Section 3. Access to electronic data in the COMELEC
back-up server. – Upon motion duly made based on
demonstrated need, the court may order the COMELEC
RULE 8 PRODUCTION AND CUSTODY OF to provide the moving party access to, or to recover and
BALLOT BOXES, ELECTION DOCUMENTS, use, electronic data from the COMELEC back-up server
DATA STORAGE DEVICES AND PCOS under conditions and safeguards required by
COMELEC.
MACHINES USED IN THE ELECTIONS (A)
Section 1. Issuance of precautionary protection order. –
Where the allegations in a protest so warrant, the court
RULE 9 PRELIMINARY CONFERENCE
shall order – simultaneously with the issuance of Section 1. Preliminary conference; mandatory. – Within
summons – the municipal treasurer and election officer three (3) days after the filling of the last responsive
concerned to take immediate and appropriate pleading allowed by these Rules, or on the expiration of
measures to safeguard the integrity of all the ballot this period without any responsive pleading having
boxes and the ballots, the lists of voters and voting been filed, the court shall conduct a mandatory
records, the books of voters and other documents or preliminary conference among the parties to consider:
paraphernalia used in the election, as well as the
(a) The simplification of issue;
automated election equipment and records such as the
data storage devices containing electronic data (b) The necessary or desirability of amendments to the
evidencing the conduct and results of elections in the pleadings;
contested precincts. (c) The possibility of obtaining stipulations or admission
Section 2. When ballot boxes and election documents of facts and of documents to avoid unnecessary proof;
are brought before the court. – Within forty-eight (48) (d) The limitation of the number of witnesses;
hours from receipt of an answer with counter-protest,
when the allegations in an protest or counter-protest so (e) The nature of the testimonies of the witnesses and
warrant, the court shall order the ballot boxes with their whether they relate to evidence that do not involve the
keys, the PCOS and consolidation machines, the ballots, or otherwise;
electronic data storage devices, the lists of voters and (f) The withdrawal of certain protested or
voting records, the books of voters, and other counter-protested precincts, especially those where the
documents or paraphernalia involved in the protest or ballot boxes or ballots are unavailable or are missing,
counter-protest, to be brought before it. cannot be located, have been destroyed due to natural
The court shall notify the parties of the date and time of disasters or calamities, or where the PCOS and other
retrieval and transfer from their respective custodians electronic data are missing;
of the ballot boxes, the PCOS and consolidation (g) The number of revision committees to be
machines (if necessary), the electronics data storage constituted;
devices and all other automated election documents
and paraphernalia. The parties may send (h) The procedure to be followed in case the election
representatives to witness the retrieval and transfer. protest or counter-protest seeks, wholly or partially, the
The absence, however, of a representative of a party



examination of ballots, or the verification or within five (5) days from the termination of the
re-tabulation of election returns; preliminary conference.
(i) The procedure in handling the PCOS and the other
electronic machines and data; and RULE 10 REVISION OF BALLOTS
(j) Other matters that may contribute to prompt
Section 1. Start of revision. – The revision of ballots shall
disposition of the case.
commence on the date specified in the preliminary
Section 2. Notice through counsel. – The notice of conference order.
preliminary conference shall be served on counsel or on
Section 2. Revision committee; under the supervision
counsel on the party himself or herself who is not
of the court. – As many revision committees as may be
presented by counsel. Notice to counsel is to notice to
necessary shall be constituted. Each revision committee
the party, as counsel is charged with the duty to notify
shall be composed of a chairperson and two members,
the party represented.
one of whom is designated by the protestant and the
Section 3. Appearances of parties. - The parties have other by the protestee. The court shall designate the
the duty to appear the person before the court at the chairperson and a recorder from among its personnel.
preliminary conference. Counsels appearing without The parties shall also designate their respective
their clients should be specifically authorized to appear substitute revisors.
for and to bind their clients on the matters covered by
The revision committee shall conduct the revision in
the preliminary conference.
the court premises or at such other place in the court
Section 4. Preliminary conference brief. – The parties may designate, in every case under its strict
shall file with the court their respective preliminary supervision.
conference briefs and serve these on the adverse party
The revisors shall discharge their duties with the
in a manner that shall ensure the other party’s receipt
highest degree of integrity, conducting the
of the brief at least one day before the date of the
proceedings with the same dignity and discipline the
preliminary conference. The briefs shall contain the
court itself brings to the proceedings. They shall
following:
exercise extraordinary diligence and take the
(a) A summary of admitted facts and proposed precautionary measures required by this level of
stipulations; diligence to prevent loss, disappearance or impairment
(b) The issues is to be tried and resolved (i.e., for election of the integrity of the ballots and the election
protests, the alleged frauds or irregularities committed documents, whether electronic or printed, and the
in the conduct of the election; for quo warranto misuse of the electronic election machines, devices and
proceedings, the ground for ineligibility or acts of paraphernalia.
disloyalty); Section 3. Compensation of the revisors. - The court
(c) The documents or exhibits to be presented; shall fix the compensation of the revisors at Eight
Hundred Pesos (P800.00) per ballot box for the
(d) A manifestation indicating the use of the intent to chairperson and Three Hundred Pesos (P300.00) per
use discovery procedures or referral to commissioners; ballot box for each party revisor. The party revisors shall
(e) The number and names of witnesses, their each be entitled to an additional per diem of Five
addresses, and the substance of their respective Hundred Pesos (P500.00) per day. The compensation
testimonies. The testimonies of witnesses shall be by for a recorder shall be Three Hundred Pesos (P300.00)
affidavits, in question and answer form, which shall per ballot box. This compensation shall be chargeable
serve as their direct testimonies, subject to oral against the cash deposit as provided for under Section
cross-examination; 2, Rule 7 of these Rules.
(f) A manifestation of withdrawal of certain protested or Section 4. Continuous revisions. –
counter protested precincts, if this is the case; (a) Period for revision. – Revision shall be conducted
(g) The proposed number of revision committees and from 8:30 a.m. to 12:00 noon and from 1:30 p.m. to 4:30
the names of proposes revisors and alternated revisors; p.m. from Monday to Friday, except on non-working
and holidays. The revisors may take fifteen-minute breaks
during the revision.
(h) The procedure to be followed in case the election
protest or counter protest seeks the revision or (b) Revision to continue even if a party revisor is absent
examination of ballots, or the verification or or late. – The revision shall not be delayed or postponed
re-tabulation of election returns. by reason of the absence or tardiness of a party’s revisor
or substitute revisor, as long as the chairperson and one
Section 5. Failure to file brief. - The failure to file the party revisor are present. The court may at any time
required brief or to provide the brief’s mandatory designate another chairperson if the regular
contests shall have the same effect as the failure to chairperson fails for any reason to report.
appear at the preliminary conference.
(c) If the revisor of the protestee is absent or late. - If the
Section 6. Effect of failure to appear. – The failure of the revisor of the protestee is absent or late for thirty
protestant/petitioner or the duly authorized counsel to minutes and no alternate appears as a substitute, the
appear at the preliminary conference authorizes the revision shall nevertheless commence. The protestee
court, as its own initiative, to dismiss the protest, or shall be deemed to have waived the right to appear and
counter-protest or petition. The failure of the to object to the revision of ballots made during his or
protestee/respondent or of the duly authorized counsel her revisor’s absence or tardiness.
to appear at the preliminary conference may likewise
have the effect provided under Section 4(c), Rule 4 of (d) If the revisor of the protestant or the revisors of both
these Rules, i.e., the court may allow the parties fail to appear. – If the protestant’s revisor or the
protestant/petitioner to present evidence ex parte and revisors of both parties or their alternates fail to appear
render judgment based on the evidence presented. without justifiable reason within one hour after the
scheduled start of the revision, the ballot boxes
Section 7. Preliminary conference order. – The court scheduled for revision that day and the corresponding
shall issue an order summarizing the matters taken up ballot box keys in the possession of the chairperson,
and the stipulations or agreements reached during the shall be returned to the court’s ballot box custodian,
conference within three (3) days following the and the ballots shall no longer be revised, the parties
termination of the preliminary conference. The court are deemed to have waived their right to the revision
shall commence, the starting date of which shall be for that day, and the chairperson shall state the facts of
absence and waiver in the revision report.


Section 5. Prohibited access. – During the revision, no (l) In case of multiple revision committees, the recount
person other than the judge, the clerk of the court, the shall be done simultaneously.
chairperson and the members of the revision (m) In the event that the revision committee
committee, the parties and their duly authorized determines that the integrity of the ballots and the
representatives shall have the access to the revision ballot box have not been preserved, as when proof of
area. tampering or substitution exists, it shall proceed to
Section 6. Conduct of revision. – The revision of the instruct the printing of the picture image of the ballots
votes on the ballots shall be done manually and visually stored in the data storage device for the precinct. The
and through the use of appropriate PCOS machines, court shall provide a non-partisan technical person who
according to the procedure below: shall conduct the necessary authentication process to
(a) On the scheduled day of revision, the following, if ensure that the data or image stored is genuine and
needed, should be in the custody of the court: not a substitute. Only after this determination can the
printed picture image be used for the recount,
(i)the ballot boxes containing the ballots in protested
and counter protested precincts; and Section 7. Preparation and submission of revision
report. – The committee shall prepare and submit to
(ii) the data storage devices and the PCOS machines the court a revision report per precinct stating the
used in the precincts concerned or any other device following:
that can be used to authenticate or assure the
genuineness of the ballots; (a) the precinct number;
(b) The revision committee shall initially note, before (b) the date, the place and the time of revision;
anything else, the condition of the ballot box and its (c) the votes of the parties per physical count;
locks and locking mechanism, and record this condition (d) the condition and the serial numbers of the
in the revision report. Based on this observation, the following:.
revision committee must also determine whether the
integrity of the ballot box has been preserved. (i) ballot boxes;
(c) The ballot box shall then be opened and the ballots (ii) self-locking security metal or plastic seals (inner and
taken out. The "valid" ballots shall first be counted, outer) and padlocks of the ballot boxes;
without regard to the votes obtained by the parties. (iii) security envelopes containing the election returns;
This will be followed by the counting of the torn, and
unused stray and rejected ballots, as classified at the
polling place. (iv) numbered paper seal of the envelopes;
(d) The votes appearing in the election returns copy for (e) if required, the availability of and other
the ballot box shall then be recorded in the minutes. circumstances attendant to the PCOS machines and
other automated election devices and paraphernalia
(e) Prior to the actual revision, the revision committee used in the revision;
must authenticate each and every ballot to make sure
that it was the same ballots cast and fed to the PCOS (f) the votes of the parties per the ballot box copy of the
machine during the voting. The authentication shall be election returns and per the tally sheet/board found
through the use of PCOS machines actually used inside the ballot box;
during the elections in the subject precinct, or by (g) the number of ballots objected to by the parties
another device certified by the Commission to be indicating therein the exhibit numbers;
capable of performing the desired authentication
requirement through the use of the bar codes and the (h) the grounds of objections;
ultra-violet ray code detection mechanism. (i) the number of stray ballots;
(f) The recount shall only proceed after the revision (j) the claims on ballots with their exhibit numbers; and
committee, through its chairperson and members, has (k) the entries in the Minutes of Voting and Counting,
determined that the integrity of the ballots has been particularly:
preserved.
(i) the number of registered voters;
(g) The revision committee shall thereafter proceed to
look at the ballots and count the indicated votes for the (ii) the number of voters who actually voted;
contested position. (iii) the number of official ballots, together with their
(h) In looking at the shades or marks used to register serial numbers, used in the election;
votes, the revision committee shall bear in mind that (iv) the number if ballots actually used indicating the
the will of the voters reflected as votes in the ballots serial numbers of the ballots; and
shall as much as possible be given effect, setting
technicalities aside. Furthermore, the votes are (v) the unused ballots together with their serial
presumed to have been made by the voter and shall be numbers.
so considered unless reasons exist to justify their The revision forms shall be made available prior to the
rejection. However, marks or shades that are less than revision. The per-precinct revision report shall be signed
50% of the oval shall not be considered as valid votes. and certified by the chairperson and by the parties’
Any issue as to whether a certain mark or shade is revisors, and shall form part of the records of the case.
within the threshold shall be determined by using the
PCOS machine, not by human determination. In addition to the per-precinct revision report, the
revision committee shall also prepare and submit to the
(i) The rules on the appreciation of the ballots under court, within three days from termination of the
Section 211 of the Omnibus Election Code shall apply revision, a committee report summarizing the data,
suppletorily when appropriate. votes, ballot objections and claims, and significant
(j) There shall be a tally sheet in at least 5 copies, plus observations made during the revision of ballots from
additional copies depending on the number of the protested precincts and later from the
additional parties, that shall be used to tally the votes as counter-protested precincts, if so conducted based on
they are counted through the use of taras and sticks. the provisions of Section 10 below. Each party furnished
with a copy of the committee report may submit its
(k) After all the ballots from one ballot box have been comments thereon within a non-extendible period of
counted, the revision committee shall secure the three (3) days from notice.
contested ballots and complete the recount report for
the precinct. Thereafter, it shall proceed to recount the
votes from the ballots of the next precinct.


Section 8. Order of revision. – Revision of ballots shall at its discretion and under the conditions it may
start with those from the protested precincts , subject impose. If the motion is granted, the technical
to the provisions of Section 10 thereof. examination shall start within five (5) days from notice
Section 9. Inquiry as to security markings and vital to both parties, and shall be completed within the
information relative to ballots and election documents. period specified by the court, in no case to exceed to
– When a revision of ballots is ordered, and for the twenty successive working days, unless the court grants
guidance of the revisors, the court shall inquire about an extension based on exceptionally meritorious
the security markings on the ballots and the security ground. A party may attend the technical examination
measures used in the election documents from the either personally or through a representative. However
Chairperson of COMELEC who shall be obliged to the technical examination shall proceed with or
indicate this markings, measures and other vital without the attendance of a party, provided that the
information that may aid the court in determining the due notice has been given.
authenticity of the ballots and election documents. The The expenses for technical examination shall be for the
parties shall be notified of the results of this inquiry. account of the party requesting the examination. The
Section 10. Post-revision determination of the merit or technical examination shall be under the supervision of
legitimacy of the protest prior to revision of the the clerk of court.
counter-protest. – Immediately after the revision or Section 3. Experts; who shall provide. – Experts
examination of ballots, or the verification or necessary for the conduct of technical examination
re-tabulation of election returns in all protested shall be provided by the party requesting the same and
precincts, the protestant shall be required to point to a may come from the National Bureau of Investigation,
number of precincts, corresponding to twenty percent the PNP Crime Laboratory, the Commission on
(20%) of the total of the revised protested precincts, that Elections, the Department of Science and Technology,
will best attest to the votes recovered, ore that will best or experts from the private sector. The other party may
exemplify the fraud or irregularities pleaded in the secure the services of his or her own expert who may
protest. In the meanwhile, the revision or examination only observe, not interfere with, the examination
of the ballots, or the verification or re-tabulation of conducted by the movant’s experts.
election returns in the counter-protested precincts,
shall be suspended for a period not exceeding fifteen
days to allow the court to preliminarily determine, RULE 12 PHOTOCOPYING OF BALLOTS
through the appreciation of ballots and other Section 1. Photocopying simultaneous with revision. –
submitted election documents, the merit of legitimacy On the motion of a party, the court may allow the
of the protest based in the chosen twenty percent (20%) photocopying of ballots and election documents, upon
of the protested precincts. such terms and conditions as the court may impose.
Based on the results of this post-revision preliminary The photocopying, if allowed, must start at the
determination, the court may dismiss the protest commencement of revision and, as far as practicable,
without further proceedings if the validity of the must be completed simultaneously with the
grounds for the protest is no established by the termination of revision.
evidence from the chosen twenty percent (20%) of the Section 2. Where conducted; parties to provide own
protested precincts; or proceed with the revision or photocopying units. – Photocopying shall be done
examination if the ballots, or the verification or within the premises of the court, near the revision area,
re-tabulation of election returns in the and shall be under the supervision of the clerk of court.
counter-protested precincts. In the latter case, the The requesting party shall provide an efficient
protestee shall be required to pay the cash deposit photocopying unit and shall bear all attendant
within a non-extendible period of three (3) days from expenses.
notice.
Section 3. Copying or reproduction of electronic data. –
Section 11. Continuation of the appreciation of ballots. - On the motion of a party, the court may allow the
If the court decides not to dismiss the protest after the reproduction of electronic data that are submitted as
preliminary examination of the evidence from the evidence, or that are within the custody and control of
chose twenty percent (20%) of the protested precincts, the COMELEC under the conditions and safeguards the
revision with respect to the remaining precincts shall COMELEC shall require. The costs and expenses shall be
proceed at the same time that the ballots or election for the account of the party seeking the reproduction.
documents from the counter-protested precincts are
being revised. After completion of the revision of the
protested precincts, the court shall proceed with the RULE 13 PRESENTATION OF EVIDENCE
appreciation and revision of ballots from the
counter-protested precincts. Section 1. Presentation and reception of evidence;
order of hearing. – If at the preliminary conference the
parties have agreed on issues that do not involve the
RULE 11 TECHNICAL EXAMINATION examination and appreciation of ballots or other
election documents (e.g., vote-buying, fraud, terrorism
Section 1. Motion for technical examination; contents. – or violence), the reception of evidence on the issues,
Except when the protest or counter-protest involves including the testimonies of witnesses, shall be done
allegation of massive substitute voting, a party may simultaneously with the revision of ballots that may be
move for the technical examination of the presented required.
evidence within five (5) days after completion of the
revision in the protest or counter-protest, specifying: The reception of evidence on all other matters or issues
incidental to or involving the ballots and related
(a) The nature of the technical examination requested election documents shall be made upon completion of
(e.g., fingerprint examination, etc.); (a) the revision of ballots or election documents; or (b)
(b) The documents or machines/equipment to be the technical examination, if allowed by the court under
subjected to technical examination; the provisions of Rule 11 of these Rules.
(c) The objections made in the course of the revision of Reception of evidence shall be made in accordance
ballots which the movant intends to substantiate with with the following order of hearing:
the results of the technical examination; and (a) The protestant or petitioner shall present evidence
(d) The ballots covered by these objections. in support of the protest or petition;
Section 2. Technical examination; time limits. – The
court may grant the motion for technical examination


(b) The protestee or respondent shall then adduce (ii) The Boards of Election Inspectors were duly
evidence in support of the defense, counterclaim or constituted and organized;
counter-protest, if any; (iii) Political parties and candidates were duly
(c) The parties may then respectively offer rebuttal represented by pollwatchers;
evidence only, unless the court for good reasons and in (iv) Pollwatchers were able to perform their functions;
the furtherance of justice, permits them to offer
evidence on their original case; and (v) The Minutes of Voting and Counting contains all the
incidents that transpired before the Board of Election
(d) No surrebuttal evidence shall be allowed. Inspectors; and
In offering testimonial evidence, the party shall require (vi) The Audit Log contains the list of all activities
the proposed witness to execute an affidavit which performed by the PCOS machines from the time it was
shall be considered as the witness’ direct testimony, powered on until it was turned off.
subject to the right of the adverse party to object to its
inadmissible portions and to orally cross-examine the (b) On election paraphernalia:
witness. The affidavit shall be based on personal (i) Ballots and election returns that bear the security
knowledge, shall set forth facts as would be admissible markings and features prescribed by the Commission
in evidence, and shall show affirmatively that the on Elections are genuine;
affiant is competent to testify on the stated matters.
The affidavit shall be in question and answer form, and (ii) The data and information supplied by the members
shall be submitted to the court and served on the of the Boards of Election Inspectors in the accountable
adverse party at least three (3) days before the hearing. forms are true and correct; and
Failure to submit the affidavit of witness within the (iii) The allocation, packing and distribution of election
specified time shall constitute a waiver of the party’s documents or paraphernalia were properly and timely
right to present testimonial evidence. done;
The one-day-cross-examination-of witness rule – i.e., (iv) The PCOS and consolidation machines and the data
that a witness has to be fully cross-examined on one storage devices are all in order, and the data generated
day – shall strictly be followed, subject to the court’s reflect the activities entered in these electronic
discretion to extend the cross-examination for machines and devices.
justifiable reasons. (c) On appreciation of ballots:
The revision reports, as well as the ballots objected to or (i) A ballot with appropriate security markings is valid;
claimed by the parties and the submitted electronic
evidence, shall automatically form part of court records (ii) The ballot reflects the intent of the voter;
and may be adopted by the other parties as their (iii) The ballot was properly accomplished;
evidence. (iv) A voter personally prepared one ballot, except in the
Section 2. Offer of evidence. – The court shall not case of assistors; and
consider any evidence that has not been formally (v) The exercise of one’s right to vote was voluntary and
offered. Offer of evidence shall be done orally on the last free.
day of hearing allowed for each party after the
presentation of the party’s last witness. The opposing Section 7. Submission of memoranda. – The court may
party shall be required to immediately interpose allow the parties to submit their respective memoranda
objections to the offer. The court shall rule on the offer within a non-extendible period of ten (10) days from the
of evidence in open court. However, the court may, at verbal ruling of the court on the last offer of exhibits; or,
its discretion, allow the party to make an offer of if the offer was made in writing, within ten (10) days
evidence in writing, which shall be submitted within from receipt of the written ruling of the court. No
three days from notice of the court’s order. If the court supplemental, reply or rebuttal memorandum shall be
rejects any evidence offered, the party may make a allowed.
tender of the excluded evidence.
Section 3. Reception of evidence continuous. – RULE 14 DECISION
Reception of evidence, once commenced, shall
continue from day to day, as far as practicable, until Section 1. Rendition of decision. – The court shall decide
fully completed or terminated at the court’s order. In no the election contest within thirty (30) days from the
case shall the entire period for reception of evidence date the case is submitted for decision, in no case
exceed ten successive days for each party, from the first beyond six (6) months after its filing, unless the
day reception of evidence starts, unless otherwise Supreme Court authorizes an extension in writing.
authorized by the Supreme Court. Failure to comply with this timeline shall be considered
a serious offense and shall be a ground for disciplinary
Section 4. Adjournments and postponements. – No action against the judge. In addition, six (6) months
motion for postponement shall be allowed, except for after the submission of the case for decision, the judge
clearly meritorious reasons. In no case shall the shall be relieved of all duties and functions except to
resetting of hearings have an interval exceeding three decide the election case.
calendar days, nor shall the postponements of hearing
granted to each party exceed three (3). The filing of An election protest is deemed submitted for decision
dilatory pleadings or motions shall constitute direct after completion of the reception of evidence or, if the
contempt of court and shall be punished accordingly. parties were allowed to submit memoranda, upon
submission of their memoranda or the expiration of the
Section 5. Burden of proof. – Burden of proof is the duty period for their filing, whichever is earlier. In an election
of a party to present evidence of the facts in issue to protest, the winner shall be the candidate who
establish his or her claim or defense. obtained the plurality of the valid votes cast.
Section 6. Disputable presumptions. – The following Section 2. Form of decision in election protests. – After
presumptions are considered as established facts, the termination of the revision of ballots and before
unless contradicted and overcome by other evidence: rendering its decision in an election protest that
(a) On the election procedure: involved a revision, the court shall examine and
appreciate the original ballots. The court, in its
(i) The election of candidates was held on the date and
appreciation of the ballots and in ruling on the parties’
at the time set and in the polling place determined by
claims and objections, shall observe the following rules:
the Commission on Elections;


(a) On marked ballots – The court must specify and (a) Execution pending appeal shall not issue except
point to the marking clearly indicating the voter’s intent upon motion and hearing with prior notice of the
to identify the ballot. motion of at least three (3) days to the adverse party.
(b) On fake or spurious ballots, election document, The motion for execution pending appeal must be
machine, device or paraphernalia – The court must supported by good reasons cited and stated by the
specify the COMELEC security markings or features court in a special order. These reasons must:
that are not found in the ballot, election documents, (i) constitute superior circumstances demanding
machine, device or paraphernalia considered fake or urgency that would outweigh the injury or damage,
spurious, or the operation or aspects of the machine, should the losing party secure a reversal of the
device or paraphernalia that resulted in fake or spurious judgment on appeal; and
results; (ii) manifest, in the decision sought to be executed, that
(c) On stray ballots – The court must specify and state the defeat of the protestee or the victory of the
in detail why the ballots are considered stray; protestant has been clearly established.
(d) On claimed ballots – The court must specify the (b) If the court grants an execution pending appeal, an
exact basis for admitting claimed votes or crediting aggrieved party shall have twenty working days from
these to either party. notice of the special order within which to secure a
Section 3. Several judgments. – In a protest or petition restraining order or status quo order from the Supreme
against several protestees or respondents, the court Court or the COMELEC. The corresponding writ of
may, when a several judgment is proper, render execution shall issue after twenty (20) days if no
judgment against one or more of them, leaving the restraining order or status quo order is issued. During
protest or petition to proceed against the others. the twenty (20)-day period, the issuance of a writ of
execution pending appeal shall be stayed.
Section 4. Promulgation of decision. – The decision
signed by the presiding judge shall be promulgated by Section 12. Jurisdiction of the Commission on Elections
reading its dispositive portion in open court on a date in certiorari cases. – The COMELEC has the authority to
set with notice to the parties and filing the decision issue the extraordinary writs of certiorari, prohibition
with the clerk of court; or by the delivery of a copy of and mandamus only in aid of its appellate jurisdiction
the signed decision to the clerk of court, who shall over decisions of the courts in election cases involving
forthwith indicate the date of rendition and cause true elective municipal officials.
copies thereof to be served, personally or by registered Section 13. Preferential disposition of election contests.
mail, on the counsels or on the parties if they are not – The courts shall give preference to election contests
represented by counsel. over all other cases, except petitions for habeas corpus
Section 5. Finality of decision. – The court’s and for the writs of amparo and habeas data.
promulgated decision shall become final and executory
five (5) days after receipt of notice by the parties if no RULE 15 COSTS, DAMAGES AND ATTORNEY’S
appeal is taken.
FEES
Section 6. Entry of judgment. – If no appeal is filed
within the time provided in these Rules, the judgment Section 1. Costs; when allowed. – Costs shall be allowed
shall be entered by the clerk in the book of entries of to the prevailing party as a matter of course. The court
judgments. The date of finality of the judgment shall be shall have the power, for special reasons, to apportion
the date of its entry. The record shall contain the the costs, as may be equitable. The court may render
dispositive part of the judgment and shall be signed by judgment for costs if a protest, a counter-protest or a
the clerk, with a certificate that the judgment has petition for quo warranto is dismissed. When a protest,
become final and executory. a counter-protest or a petition for quo warranto is found
to be frivolous, double or treble costs may be imposed
Section 7. Notice of final decision. – As soon as the on the protestant, the counter-protestant or the
decision becomes final, the clerk of court shall send petitioner.
notices to the COMELEC, the Department of the
Interior and Local Government, and the Commission on Section 2. Damages and attorney’s fees. – In all
Audit. election contests, the court may adjudicate damages
and attorney’s fees as it may deem just and as
Section 8. Appeal. – An aggrieved party may appeal the established by the evidence, if the aggrieved party has
decision to the COMELEC within five (5) days after included these claims in the pleadings.
promulgation, by filing a notice of appeal with the court
that rendered the decision, with copy served on the
adverse counsel or on the adverse party who is not RULE 16 ELECTRONIC EVIDENCE
represented by counsel.
Section 1. Original of an electronic document or data. –
Section 9. Appeal fee. – The appellant in an election An electronic document or data shall be regarded as
contest shall pay to the court that rendered the the equivalent of an original document under the Best
decision an appeal fee of One Thousand Pesos Evidence Rule if it is a printout or an output readable by
(P1,000.00), simultaneously with the filing of the notice sight or other means and shown to reflect the data
of appeal. accurately.
Section 10. Immediate transmittal of records of the Section 2. Copies as equivalent of the originals. – When
case. – The clerk of court shall, within fifteen (15) days a document is in two or more copies executed at or
from the filing of the notice of appeal, transmit to the about the same time with identical contents, or is a
Electoral Contests Adjudication Department, counterpart produced by the same impression as the
COMELEC, the complete records of the case, together original, or from the same matrix, or by mechanical or
with all the evidence, including the original and three electronic re-recording, or by chemical reproduction, or
copies of the transcript of stenographic notes of the by other equivalent techniques that accurately
proceedings. reproduce the original, such copies or duplicates shall
Section 11. Execution pending appeal. – On motion of be regarded as the equivalent of the original.
the prevailing party with notice to the adverse party, Notwithstanding the foregoing, copies or duplicates
the court, at its discretion and while still in possession shall not be admissible to the same extent as the
of the original records, may order the execution of its original if:
decision before the expiration of the period to appeal,
subject to the following rules: a) a genuine question is raised as to the authenticity of
the original; or


b) under the circumstances, it would be unjust or (b) Automated Election System or AES - an election
inequitable to admit the copy in lieu of the original. system using appropriate technology in voting,
Section 3. Affidavit as evidence. – All matters relating to counting , consolidating, canvassing, transmitting
the admissibility and evidentiary weight of an election results, and other electoral processes;
electronic document may be established by an affidavit (c) Precinct Count Optical Scan or PCOS - a technology
stating facts of direct personal knowledge of the affiant using an optical ballot scanner, located in every
or based on authentic records. The affidavit must precinct, that scans or reads paper ballots that votes
affirmatively show the competence of the affiant to mark by hand and are inserted in the scanner to be
testify on the matters contained therein. The affiant counted;
shall be made to affirm the contents of the affidavit in (d) Official Ballot - the paper ballot with the pre printed
open session and may be cross-examined as a matter names of all candidates and with ovals corresponding
of right by the adverse party. to each of the names printed. The ovals are the spaces
where voters expresses their choice by shading with a
RULE 17 AUTHENTICATION OF ELECTRONIC marking pen;
DOCUMENTS AND DATA (e) Picture images of the ballot. - the image of the
ballot that the PCOS machine captures at the time
Section 1. Burden of proving authenticity. – The person voter feeds the ballot into it, which images is stored in a
seeking to introduce an electronic document in an memory or removal data storage device attached to the
election protest has the burden of proving its PCOS machines;
authenticity in the manner provided in this Rule.
(f) Election Returns - the document showing the date of
Section 2. Manner of authentication. – Before any the election, the province, city, municipality and the
electronic document or data offered as authentic is period in which it is held, and the votes in figures for
received in evidence, its authenticity must be proved by each candidate in a precinct or clustered precincts;
any of the following means:
(g) Electronic Election Returns. - copies of the election
a) By evidence that it has been digitally signed by the returns in electronic form generated by the PCOS
person purported to have signed it. "Digitally signed" machine and electronically transmitted to the
refers to an electronic document or electronic data Municipal or City Board of Canvassers for the official
message bearing a digital signature verified by the canvass, to conduct a parallel count, and the Kapisanan
public key listed in a certificate. ng mga Brodkaster sa Pilipinas KBP;
b) By evidence that other appropriate security (h) Printed Election Returns - copies of the election
procedures or devices for authentication of electronic returns printed by the PCOS machine on paper and
documents authorized by the Supreme Court or by law authenticated by the manual signatures and
for the authentication of electronic documents were thumbmarks of the Board of Election Inspectors (BEI);
applied to the document; or
(i) Electronic transmission - the act of conveying data in
c) By other evidence showing its integrity and reliability electronic form from one location to another;
to the satisfaction of the judge.
(j) Canvass proceedings - the consolidation of precinct
Section 3. The Rules on Electronic Evidence. – The election results for the Offices of the President and Vice
Rules on Electronic Evidence shall apply to evidentiary President at the municipal, city, or district level; district
aspects of pleadings, practice and procedure in election election results at the municipal or city level; municipal
contests not otherwise specifically provided for in these or city election results at the provincial level; and
Rules. provincial election results at the national level,
specifically Congress, including the formal
proclamation of the winners in the elections;
RULE 18 FINAL PROVISIONS
(k) Consolidation Machine - the machine used at the
Section 1. Repealing clause. – For municipal election canvass proceedings to consolidate precinct results,
contests, these rules supersede A.M. No. 07-4-15-SC (The municipal and city results, or provincial results for
Rules of Procedure In Election Contests Before The purposes of getting the total votes of all candidates for
Courts Involving Municipal and Barangay Officials) the Offices of the President and Vice President;
which became effective on May 15, 2007. All other rules,
resolutions, regulations or circulars of the Supreme (l) Statement of Votes by Precinct, Municipality, City,
Court or parts thereof that are inconsistent with any District, Province, or Overseas Absentee Voting (OAV)
provision of these Rules are hereby deemed repealed or Station - a document in electronic and in printed form
modified accordingly. generated by the canvassing or consolidating
machines or computers during the canvass
Section 2. Effectivity clause. These Rules shall take proceedings of the votes obtained by the candidates for
effect fifteen (15) days after their publication in a the Offices of the President and Vice President in each
newspaper of general circulation in the Philippines. precinct, municipality, city, district, province, or OAV
Station;
A.M. No. 10-4-29-SC | THE 2010 RULES OF (m) City, municipal, district, or provincial certificate of
canvass - a document in electronic and in printed form
THE PRESIDENTIAL ELECTORAL containing the total votes in figures obtained by each
candidate for the Offices of the President and Vice
TRIBUNAL President in a city, municipality, district, or province, the
electronic form of which is the official canvass result
and is the result electronically transmitted to Congress;
(n) Certificate of Canvass and Proclamation - the
TITLE AND CONSTRUCTION official printed document that contains the names of
Rule 1. Title. - These Rules shall be known and cited as the candidates for the Offices of the President and Vice
The 2010 Rules of the Presidential Electoral President who obtained the highest number of votes
Tribunal.(R1a) and certifies to their proclamation as winners;
Rule 2. Definition of Terms. - When used in these Rules, (o) Data storage device - the device where electronic
the following terms shall mean: documents are stored and from which such
documents may be obtained when necessary to verify
(a) Tribunal - the Presidential Electoral Tribunal, sitting the accuracy and correctness of election data; it
en banc or in Divisions;


includes the back-up storage device in which authentic copy thereof, and to restore and supply deficiencies in
electronic copies of the data are also stored; its records and proceedings; and
(p) Audit log - the document that contains the list of all (g) Promulgate its own rules of procedure and amend
activities performed by the PCOS machine from the or revise the same (R7)
time it was switched on until the time it was turned off; Rule 9. Powers and duties of the Chairman. - The
and Chairman shall have the following powers;
(q) Electronic document - information or the (a) Issue calls for the sessions of the Tribunal;
representation of information, data, figures, symbols, or
other modes of written expression, described or (b) Preside the sessions of the Tribunal;
however represented, by which a fact may be proved (c) Preserve order and decorum during the sessions
and affirmed, which is received, recorded, transmitted, and for that purpose take such steps as may be
stored, processed, retrieve, or produced electronically convenient or as the Tribunal may direct;
and includes digitally signed documents and any
print-out or output, readable by sight or other means, (d) Enforce the discussions, resolutions and orders of
which accurately reflects the electronic document. the Tribunal;
For purposes of these Rules, electronic documents refer (e) With the concurrence of the Tribunal and in
to either the picture image of the ballots and electronic accordance with the provisions of the Civil Service Law,
copies of the election returns, of statements of votes, of appoint the employees of the Tribunal and impose
certificates of canvass, and of the other electronic data disciplinary sanctions on them, including dismissal
relative to the processing done by the PCOS machines from the service. The confidential employees of every
and the various consolidation machines. (n) Member shall serve at his pleasure and in no case
beyond his own term;
Rule 3. Construction. - These Rules shall be liberally
constructed to achieve a just expeditious, and (f) Exercise administrative supervision over the
inexpensive determination and disposition of every personnel of the Tribunal, including the Office of the
contest before the Tribunal (R2) Clerk of the Tribunal; and
(g) Perform such other functions and acts as may be
necessary or appropriate to ensure the efficiency of the
THE TRIBUNAL Tribunal. (R8)
Rule 4. Meeting quorum and Divisions. - The President Rule 10. Administrative Staff of the Tribunal. - The
Electoral Tribunal shall meet on such days and hours as Tribunal shall have a Clerk and a Deputy Clerk. Unless
it may designate at the call of the Chairman or of a the Tribunal provides otherwise, the administrative staff
majority of its Members. The presence of the majority of of the Tribunal shall be composed of the following:
the Members shall be necessary to constitute a
quorum. In the absence of the Chairman, the next (a) Canvass Board Division
senior Member shall preside. (b) Legal Division
In the absence of a quorum, the Members present, who (c) Information Systems and Judicial Records
shall not be less than five, may constitute themselves Management Division
into an executive body whose actions shall be subject
(d) Personnel Division
to confirmation by the Tribunal at its next regular
meeting. (e) Finance and Budget Division
The Tribunal may constitute itself into Divisions for the (f) Accounting Division
purpose of allocating and distributing its workload. (g) Cash Division. (R9)
Each Division shall act on such matters as may be
assigned to it by the Tribunal. (R3) Rule 11. The Clerk of the Tribunal. - The Tribunal may
designate the Clerk of the Supreme Court as the Clerk
Rule 5. Place of meetings. - The Tribunal or its Divisions of the Tribunal who shall perform the following duties:
shall meet in the Session Hall of the Supreme Court or
at such other place as may be designated. (R4) (a) Receive all pleadings and other documents properly
presented, indicating on each document the date and
Rule 6. Control and supervision. - The Tribunal shall time of its filling and furnishing each Member a copy;
have exclusive control and supervision of all matters
pertaining to its operation. (R5) (b) Keep a separate docket wherein shall be entered in
chronological order election contests, quo warranto
Rule 7. Express and implied powers. - The Tribunal shall cases and proceedings had therein;
exercise all powers expressly vested in it by the
Constitution or by law, and such other powers as may (c) Certify under the Seal of the Tribunal its decisions,
be inherent, necessary or incidental thereto for the resolutions, orders and notices;
accomplishment of its purposes and functions. (R6) (e) Keep a judgement book containing a copy of each
Rule 8. Inherent powers. - The Tribunal shall have the decision, final order or resolution rendered by the
following inherent powers: Tribunal in the order of their dates, and a Book of
entries of Judgement containing in chronological order
(a) Preserve and enforce in proceedings before it or entries of the dispositive portions of all decisions, final
before any of its Divisions or officials acting under its orders or resolutions of the Tribunal;
authority;
(f) Implement the decisions, resolutions, orders and
(b) Administer or cause to be administered oaths in any processes issued by the Tribunal;
contest before it, and in any order matter where it may
be necessary in the exercise of its powers; (g) Keep and secure all scanned ballots stored in their
ballot boxes, the minutes of voting and counting of
(c) Compel the attendance of witnesses and production votes, the printed election returns, the statements of
of evidence in any contest before it. votes (SOVs), the certificates of canvass (COCs), the
(d) Compel obedience to its decisions, resolutions, certificate of canvass and proclamation (COCP) and
orders and processes; other documents used in the counting, canvassing, and
consolidation of votes as well as their equivalent
(e) Control its processes and amend its decisions,
electronic documents saved and stored in accordance
resolutions or orders to make them conformable to law
with the election rules;
and justice;
(f) Authorize a copy of a lost or destroyed pleading or
other paper to be filed and used instead of the original


(h) Keep an inventory and have the custody of the Seal (c) the protested precincts and votes of the parties to
and other public property belonging to or assigned for the protest in such precincts per the Statement of
the use of the Tribunal; Votes By Precincts, or if the votes of the parties are not
(I) Keep an account of the funds set aside for the specified, an explanation why the votes are not
expenses of the Tribunal, as well as the funds received specified ; and
and disbursed relative to the cases; and (d) a detailed specification of the acts or omissions
(j) Keep such other books and perform such other complained of showing the electoral frauds, anomalies,
duties as are prescribed by law for the Clerk of the or irregularities in the protested precincts. (n)
Supreme Court as the Tribunal may direct. Rule 18. Extensions of time. - The periods provided in
The Deputy Clerk shall assist the Clerk of the Tribunal Rules 15 and 16 above are jurisdictional and cannot be
and shall perform such other duties and functions as extended. (R17a)
may be assigned to him by the latter. (R10) Rule 19. Damages. - Actual or compensatory, moral and
Rule 12. The Seal. - The Seal of the Tribunal shall be exemplary damages as provided by law may be
circular in shape and shall contain in the upper part the claimed in election protest or quo warranto
words "Presidential Electoral Tribunal" in the center the proceedings when warranted. (R18)
coat of arms of the Government of the Philippines and Rule 20. Petitions to be filed with the Tribunal. -
at the base the name "Republic of the Philippines." Election protests and petitions for quo warranto may
The Seal of the Tribunal shall be affixed to all decisions, be filed with the Office of the Clerk of the Tribunal in
rulings, resolutions, orders or notices of the Tribunal, eighteen legible copies. The Clerk shall indicate on the
certified copies of the official records and such other petition the date and hour of receipt. (R19)
documents which the Tribunal may require to be Rule 21. Summary dismissal of election contest. - An
sealed. (R11) election protest or petition for quo warranto may be
summarily dismissed by the Tribunal without requiring
the protestee or respondent to answer if, inter alia:
ELECTION CONTESTS
(a) the protest or petition is insufficient in form and
Rule 13. Jurisdiction. - The Tribunal shall be the sole substance;
judge of all contests relating to the election, returns,
(b) the protest or petition is filed beyond the periods
and qualifications of the President or Vice-President of
provided in Rules 15 and 16;
the Philippines. (R12)
(c) the filing fee is not paid within the periods provided
Rule 14. How initiated. - An election contest is initiated
in Rules 15 and 16;
by the filing of an election protest or a petition for quo
warranto against the President or Vice- President. An (d) the cash deposit or the first Two Hundred Thousand
election protest shall not include a petition for quo Pesos (P 200,000.00) is not paid within ten days after
warranto. A petition for quo warranto shall not include the filing of the protest; and
an election protest. (R13) (e) the protest or petition or copies and their annexes
Rule 15. Election Protest. - The registered candidate for filed with the Tribunal are not clearly legible. (R20a)
President or Vice-President of the Philippines who
received the second or third highest number of votes
may contest the election of the President or SUMMONS, ANSWERS AND
Vice-President, as the case may be, by filing a verified COUNTER-PROTESTS
election protest with the Clerk of the Presidential
Electoral Tribunal within thirty days after the Rule 22. Summons. - If the election protest or the
proclamation of the winner. (R14) petition for quo warranto is not summarily dismissed in
accordance with the immediately preceding Rule, Clerk
Rule 16. Quo warranto. - A verified for quo warranto of the Tribunal shall issue the corresponding summons
contesting the election of the President or Vice - to the protestee or respondent together with a copy of
President on the ground of ineligibility or disloyalty to the protest or petition requiring him to file an answer
the Republic of the Philippines may filed by any within ten days from receipt of the summons. (R21)
registered voter who has voted in the election
concerned within ten days after the proclamation of the Rule 23. Answer. - The answer shall be verified and may
winner. (R16) set forth special and affirmative defenses. The protestee
or respondent may incorporate in his answer a counter
Rule 17. Contents of the protest or petition. - (A) An -protest or ten days from receipt of summons in
election protest or petition for quo warranto shall eighteen clearly legible copies with proof of service of a
commonly state the following facts: copy upon the protestant or petitioner. (R22)
(a) the position involved; Rule 24. Counter - protest. - A counter-protest must be
(b) the date of proclamation; and verified and filed within ten days from receipt of the
summons and the protest. The counter-protestee shall
(c) the number of votes credited to the parties per the answer the counter-protest within ten days from
proclamation. receipt of a copy thereof. (R23)
(B) A quo warranto petition shall as state: Rule 25. Motion to dismiss. - No motion to dismiss shall
(a) the facts giving the petitioner standing to the file be entertained. Instead any ground for a motion to
the petition; dismiss may be pleaded as an affirmative defense in
the answer to the protest or counter-protest or petition
(b) the legal requirements for the office and the
for quo warranto. In the exercise of its discretion, the
disqualifications prescribed by law;
Tribunal may hold a preliminary hearing on such
(c) the protestee's ground for ineligibility or the specific ground. (R24)
acts of disloyalty to the Republic of the Philippines
Rule 26. Extensions of time. - No motion to dismiss shall
(C) An election protest shall also state: be entertained. Instead, any ground for a motion to
(a) that the protestant was a candidate who had duly dismiss may be pleaded as an affirmative defense in
filed a certificate of candidacy and had been voted for the answer to the protest or counter-protest or petition
the same office. for quo warranto. In the exercise of its discretion, the
Tribunal may hold a preliminary hearing on such
(b) the total number of precincts of the region, ground. (R24)
province, or city concerned;


Rule 27. Failure to answer; effect. - If no answer is filed given by the postmaster to the addressee, as the case
to the protest, counter-protest or the petition for quo may be. A resort to modes other than personal service
warranto within the period fixed in theses Rules, a must be accompanied by a written explanation why the
general denial shall be deemed to have been entered. service or filing was not done personally. (R30)
(R26)
Rule 28. Amendments, limitations. - After the FILING FEES, CHARGES AND DEPOSITS
expiration of the period for filing of the protest,
counter-protest or petition for quo warranto, no Rule 32. Filing fees. - No protest, counter-protest or
substantial amendments which broaden the scope of petition for quo warranto shall be deemed filed
the action or introduce an additional cause of action without payment to the Tribunal of the filing fee in the
shall be allowed. An amendment involving from may amount of One Hundred Thousand Pesos
be admitted at any stage of the proceedings. (P100,000.000).
After the period for receiving the evidence has If a claim for damages or attorney's fees is set forth in a
commenced, no amendment to the pleadings affecting protest, counter-protest or petition for quo warranto.
the merits of the case shall be granted except for An additional filing fee shall be paid, which shall be, If
justifiable reasons. the sum is claimed is :
When the Tribunal admits an amended protest,
Not more than P20,000 . . . . . . . . . . . . . . . . . P240.00
counter-protest or petition, it may require the other
party to answer the same within ten days from service
of a copy of such amended protest, counter-protest or More than P20,000 but less than P300.00
petition of the resolution admitting the same. (R27) P40,000 . .
Rule 29. Preliminary Conference. -
(a) Purpose. - After the filing of the last pleading, the P40,000 or more but less than P60,000 . P400.00
Tribunal shall order a preliminary conference to . . .
consider:
(1) the possibility of obtaining stipulations or admissions P60,000 or more but less than P80,000 . P500.00
of facts and documents to avoid unnecessary proof; . . .
(2) the simplification of issues;
P80,000 or more but less than P100,000 . P800.00
(3) the limitation of number of witnesses; . .
(4) the most expeditious manner for the retrieval of
ballot boxes containing the ballots, election returns, P100,000 or more but less than P150,000 P1200.00
certificates of canvass and other election documents .
involved in the election protest; and
(5) such other matters as may aid in the prompt
For each P1,000 in excess of P150,000 . P100.00
disposition of the election protest or petition for quo
warranto.
Rule 33. Cash deposit. - In addition to the fees
(b) Preliminary conference brief. - The parties shall file mentioned above, each protestant or
with the Tribunal and serve on the adverse party a counter-protestant shall make a cash deposit with the
preliminary conference brief at least five days before Tribunal in the following amounts:
the date of the preliminary conference, which shall
contain: (a) If the protest or counter-protest does not require the
bringing to the Tribunal of ballot boxes and other
(1) stipulations or admissions of facts and documents; election documents and paraphernalia, Twenty
(2) the issues to be resolved; Thousand Pesos (P20,000);
(3) the numbers and names of witnesses, and the (b) If the protest or counter-protest requires the
nature and substance of their respective testimonies; bringing of the ballot boxes and election documents or
(4) the list of not more than three provinces which the paraphernalia, Five Hundred Pesos (P500.00) for each
parties may designate pursuant to Rule 65; and precinct involved. If the amount of the deposit does not
exceed Two Hundred Thousand Pesos (P200,000.00),
(5) the proposal on the prompt disposition of the case. the same shall be made in full with the Tribunal within
(c) Preliminary conference order. - The tribunal shall ten days after the filing of the protest or
issue an order reciting the matters taken up during the counter-protest; and
preliminary conference and the action thereon. (R28) (c) If the amount of the deposit exceeds Two Hundred
Rule 30. Other pleadings; how filed. - Except for the Thousand Pesos (P200,000.00), a partial deposit of at
original election protest or petition for quo warranto least Two Hundred Thousand Pesos (P200,000.00) shall
which the Tribunal itself serves on the adverse party, be made within ten days after filing of the protest or
together with the summons, all other pleadings shall counter-protest. The balance shall be made in such
be filed with the Office of the Clerk of the Tribunal in installments as may be required by the Tribunal on at
eighteen clearly legible copies and must be least five days advance notice to the party required to
accompanied with proof of service of a complete copy make deposit.
upon the adverse party or parties. The cash deposit shall be applied by the Tribunal to the
No action shall be taken on pleadings that fail to payment of all expenses incidental to the bringing of
comply with this Rule. (R29) the ballot boxes and election documents or
paraphernalia to the Tribunal and returning them after
Rule 31. Proof of service. - Proof of personal service shall the case is terminated, and to the compensation of the
consist of a written admission of the party served or the members of the revision committees. When the
affidavit of the party serving, containing a full Tribunal determines that the circumstances demand, it
statement of the date, place and manner of the service. may require additional cash deposits. Any unused cash
If service is made by registered mail, proof shall be deposit shall be returned to the protestant or
made by affidavit of the sender and the registry receipt counter-protestant after complete termination of the
issued by the mailing office. The registry return card protest or counter-protest. (R32a)
shall be filed with the Tribunal immediately upon
receipt of the sender or, in lieu thereof, the unclaimed Rule 34. Effect of failure to make cash deposit. - If a
letter together with a certified sworn copy of the notice party fails to make the cash deposits or additional


deposits herein required within the prescribed time ballots and other documents and storage devices, or
limit, the Tribunal may dismiss the protest or the synchronization of such recount of ballots. (R35a)
counter-protest, or take such action as it may deem (e) The expenses necessary and incidental to the
equitable under the circumstances. (R33) bringing of the ballot boxes, election documents, and
Rule 35.* Other legal fees. - The following legal fees devices shall be shouldered and promptly paid by the
shall be charged and collected: protestant and counter-protestant, if any, in proportion
(a) For furnishing certified transcripts of records or to the precincts involved. The expenses necessary and
copies of any decision, resolution, record or entry to incidental to the return of the ballot boxes, election
which any person is entitled to demand and receive a documents, and storage devices to their original
copy, for each page. . . . . P20.00 custodians or the proper electoral bodies after the
termination of the case shall be shared proportionately
The certification is charged separately in the amount of by the protestant and protestee based on the number
. . . P200.00 of precincts respectively contested by them, (R36a)
(b) For furnishing certified transcripts of notes taken by
stenographers to every person requesting the same for
each page of not less than two hundred and fifty words.
REVISION OF VOTES
. P 20.00 Rule 38. Start of revision. - The revision of votes shall
(c) For every search for anything above a year's standing commence on the date specified in the preliminary
and reading the same. . . P200.00 conference order, unless rescheduled by the Tribunal.
(n)
(d) For every certificate not on process. . . . P100.00
(R34a) Rule 39. Revision Committees; under the Tribunal's
supervision. -
(a) The Tribunal shall constitute such number of
PRODUCTION AND CUSTODY OF BALLOT Revision Committees (RC) as may be necessary. The
BOXES, ELECTION DOCUMENTS, DATA Tribunal's Clerk of Court shall submit a list of such
STORAGE DEVICES, AND MACHINES USED IN committees to the Chairman of the Tribunal for his
approval. (R37a)
ELECTIONS
(b) Each RC shall be composed of a Coordinator who
Rule 36. Issuance of precautionary order. - Where the shall be a lawyer of the Tribunal, a recorder, a clerk, a
allegations in a protest so warrant, the Tribunal shall, typist, and a ballot box custodian and one
simultaneous with the issuance of summons, order the representative each from the protestant and the
municipal treasurer and election officer, and the protestee. The Chairman of the Tribunal shall designate
responsible personnel and custodian to take immediate the RC Coordinators from among its personnel. The
steps or measures to safeguard the integrity of all the parties shall also designate their respective alternative
ballot boxes and their contents, lists of voters with representatives. (R37a)
voting records, books of voters, and other documents or
(c) The RCs shall conduct the revision of votes in the
paraphernalia used in the election, as well as data
Tribunal', premises or at such other places as it may
storage devices containing electronic data evidencing
designate but in every case under its strict supervision.
the conduct and the results of elections in the
The members of the RCs shall discharge their duties
contested precincts. (n)
with the highest degree of integrity, conducting the
Rule 37. When ballot boxes and election documents proceedings with the same dignity and discipline as if
are brought before the Tribunal. - undertaken by the Tribunal itself. They shall exercise
(a) Within forty-eight hours from receipt of the answer extraordinary diligence and take precautionary
with counter-protest, if any, the Tribunal shall, when the measures to prevent the loss, disappearance or
allegations in a protest or counter-protest warrants, impairment of the integrity of the ballots and other
order the ballot boxes and their contents with their election documents, whether electronic or printed, and
keys, lists of voters with voting records, books of voters, other election paraphernalia. (n)
the electronic data storage devices, and other Rule 40. Compensation of the members of the RCs. -
documents, paraphernalia, or equipments relative to The Tribunal shall fix the compensation of the
the precincts involved in the protest or counter-protest, members of the RCs, including the fees for the supplies
to be brought before it. (R35a) and materials at One Thousand Five Hundred Pesos
(b) The Tribunal shall notify the parties of the date and (P1,500) per clustered precinct and shall be distributed
time for the retrieval of the above-named items from as follows:
their respective custodians. The parties may send
representatives to witness the same. The absence, (a) Chairman P540.00
however, of a representative of a party shall not be
reason to postpone or delay the bringing of the ballot (b) Recorder P240.00
boxes, election documents, and data storage device,
into the custody of the Tribunal. (n)
(c) Ballot Box Custodian P240.00
(c) The Tribunal may, in its discretion, seek the
assistance of the Philippine National Police or the
Armed Forces of the Philippines in ensuring the safe (d) Typist P240.00
delivery of the ballot boxes and election paraphernalia
into the custody of the Tribunal. (n) (e) Supplies/materials P184.00
(d) Where any of the ballot boxes, ballots, election
returns, election documents or paraphernalia The amount of P6.00 shall also be allocated for storage
mentioned in the first paragraph above are also of the election paraphernalia and P50.00 for the
involved in election contests before other for a, such as honoraria of the warehouse handlers. The
the Senate Electoral Tribunal or the House of representatives of the parties shall be directly
Representatives Electoral Tribunal, the Tribunal shall compensated by their respective principals or by the
have preferential right over the custody and revision of parties themselves. (n)
ballots involved in simultaneous protests. The Tribunal Rule 41. Continuous revision - Once commenced the
shall, however, make the appropriate coordination and revision of votes shall continue from day to day as far as
request with the other electoral bodies involved as to practicable until terminated.
temporary prior custody of ballot boxes and revision of


(a) Period for revision - The revision shall be conducted unused and stray ballots as classified at the polling
from 8:30 o‘clock in the morning to 12:00 noon and place. (n)
from 1:30 to 4:30 o'clock in the afternoon from Monday (h) The votes appearing in election returns copy for the
to Friday except on non-working holidays The members ballot box shall then be recorded in the minutes. (n)
of the RCs may take a fifteen-minute break in each
session. (n) (i) Prior the actual conduct of the revision of the votes
the RC must authenticate each and every ballot to
(b) Revision to continue even if a party representative is make sure that they were the same ballots that were
absent or late - The revision of votes shall not be cast and fed to the PCOS machine during the elections.
delayed or postponed by reason of the absence or The authentication shall be through the use of the
tardiness of a party representative as long as the RC PCOS machine actually used during the elections in the
Coordinator and one party representative are present. subject precinct or by another device certified by the
The Chairman of the Tribunal may at any time Commission on Elections (COMELEC) as one that can
designate another Coordinator if the regular perform the desired authentication requirement
Coordinator fails for any reason to report. (n) through the use of bar code and ultra-violet ray code
(c) If the representative of the protestee is absent or detection mechanism. (n)
late - If the representative of the protestee is absent or (j) Only when the RC through its coordinator
late for thirty minutes and no alternative appears as a determines that the integrity of the ballots has been
substitute the revision shall nevertheless commence preserved will the revision proceed. (n)
the protestee shall be deemed to have waived right to
appear and to object to the ballots in the precinct or (k) Upon such determination the RC shall then look at
precincts scheduled for revision on that particular day. the ballot and count the votes as registered in
(n) each and every one of them for the contested position.
(n)
(d) if the representative of protestant or
counter-protestant or of both parties fail to appear- If (I) In looking at the shades or marks used to register
the representative of the protestant or of both parties votes the RC shall bear in mind that the will of the
and alternates fail to appear for no justifiable reason voters reflected as votes in the ballots shall as much as
within one hour after fixed hours from the start of the possible be given effect setting aside any technicalities.
revision the ballot boxes scheduled for that day and the Furthermore the votes thereon are presumed to have
corresponding keys in the possession of the been made by the voter and shall be considered as
chairperson shall be returned to the ballot box such unless reasons exist that will justify their rejection.
custodian of the Tribunal and shall no longer be revised However marks or shades which are less than 50% of
it is understood that the parties waive their right to the oval shall not be considered as valid votes. Any issue
revise the same and the RC Coordinator concerned as to whether a certain mark or shade is within the
shall state such facts in the corresponding RC report. threshold shall be determined by feeding the ballot on
(n) the PCOS machine and not by human determination.
(n)
Rule 42. Prohibited access - During the revision of votes
no person other than the Members of the Tribunal the (m) The rules on appreciation of ballots under Section
clerk of the Commission the RC Coordinator and the 211 of the Omnibus Election Code shall apply
members of the RCs the parties and their duly suppletorily when appropriate. (n)
authorized representatives shall have access to the (n) There shall be a tally sheet when conducting a
revision area. (n) manual count of at least 5 copies plus additional copies
Rule 43. Conduct of the revision - The revision of votes depending on the number of additional parties that will
shall be done through the use of appropriate PCOS be used for the tallying of the votes as they are counted
machine or manually and visually as the Tribunal may through the use of the tara or stick. (n)
determine and according to the following procedures: (o) After all the ballots from one ballot box have been
(a) The date and place of the revision and the number counted the RC shall secure the contested ballots and
of the RCs shall be set during the preliminary complete the revision report for said precinct.
conference. (n) Thereafter it shall proceed to revise the votes on the
ballots from the next precinct. (n)
(b) The RCs shall convene at the appointed place and
on the appointed day. (n) (p) In case of multiple RCs the revision shall be done
simultaneously.
(c) The ballot boxes containing the ballots from the
protested precincts the data storage device used in (q) In the event that the RC determines that the
such precincts as well as the machine or any device integrity of the ballots box was not preserved as when
that can be used to authenticate or assure the there is proof of tampering or substitution it shall
genuineness of the ballots shall be brought to the proceed to instruct the printing of the picture image of
venue of revision on the same day. (n) the ballots of the subject precinct stored in the data
storage device for the same precinct. The Tribunal may
(d) The different RCs shall be provided with an avail itself of the assistance of the COMELEC for the
adequate workspace with tables and chairs that would service of the service of a non-partisan technical person
enable them to perform the revision in an efficient and who shall conduct the necessary authentication
transparent manner. (n) process to ensure that the data or images stored are
(e) The RCs shall upon the request in writing of the genuine and not merely substitutes. It is only upon
parties randomly pick the precinct that would be the such determination that the printed picture image can
subject of the revision. (n) be used for the revision of votes. (n)
(f) Before opening the ballot box the RCs shall note its Rule 44. Preparation and submission of revision report.
condition as well as that of the locks or locking - The RCs shall prepare and submit to the Tribunal a
mechanism and record the condition in the revision revision report per precinct stating the following:
report From its observation the RCs must also make a (a) The precinct number
determination as to whether the integrity of the ballot
box has been preserved. (R40a)] (b) The date, place and time of revision
(g) The ballot box shall then be opened and the ballots (c) The condition and serial numbers of the following:
shall be taken out. The "valid" ballots shall first be (1) Ballot boxes
counted without regard to the votes obtained by the
parties. This will be followed by the counting of the torn (2) Locks; and
(3) Data storage device


(d) The votes of the parties per physical count of the representative, but the technical examination shall
paper ballots. proceed with or without his attendance, provided due
(e) The votes of the parties per ballot-box copy of the notice has been given to him.
election returns The technical examination shall be conducted at the
(f) The number of ballots questioned by the parties expense of the movant and under the supervision of
indicating their exhibit number the Clerk of the tribunal of his duly authorized
representative. (R44)
(g) The number of torn unused and stray ballots
Rule 48. Experts who shall provide. - The tribunal shall
(h) The entries in the Minutes of Voting and Counting independent experts necessary for the conduct of a
particularly technical examination. The parties may avail
(1) The number of registered voters themselves of the assistance of their own experts who
may observe, but not interfere with, the examination
(2) The number of voters who actually voted conducted by the experts of the Tribunal. (R45)
(3) The number of official ballots together with their Rule 49. Technical examination not interrupted. - Once
serial number used in the election started, the technical examination shall continue every
(4) The number of ballots actually used indicating the working day until completed or until expiration of the
serial numbers of the ballots and period granted for such purpose. (R46)
(5) The unused ballots together with their serial Rule 50. Photographing or electronic copying. - Upon
numbers. prior approval of the Tribunal, photography or
electronic copying of ballots, election returns or
The revision forms shall be made available prior to the election documents shall be done within its premises
revision. The per-precinct revision report shall be signed under the supervision of the Clerk of the Tribunal or his
and certified to by the revision coordinator and the duly authorized representative, with the party providing
representatives of the parties, and shall form part of the his own photographing or electronic copying
records of the case. The tally sheet used for the revision equipment. (R47a)
shall be attached to the report.
Rule 51. Scope of technical examination. - Only the
In addition to the per-precinct revision report, the RC ballots, election returns and other election documents
shall also prepare and submit to the Tribunal, within allowed by the Tribunal to be examined shall be subject
seven (7) days from the termination of the revision, a to such examination. (R48)
committee report summarizing the data, cotes,
questions on the ballots, significant observations made
in the revision of votes from each of the protested SUBPOENAS
precincts and, later from the counter-protested
precincts, and comments and objections in case of Rule 52. Who may issue. - The Tribunal may issue
disagreement between RC members Each party subpoena ad testificandum or subpoena duces tecum
furnished with a copy of the committee report may motu proprio or upon request of any of the parties.
submit their comments thereon within a (R50)
non-extendible period of seven days from notice. (n) Rule 53. Form and contents - A subpoena ad
Rule 45. Inquiry as to security markings and vital testificandum, signed by the Clerk of the Tribunal shall
information relative to ballots and election documents. state the name of the Tribunal, the title of the action
- When a revision of ballots is ordered and for the and be directed to the person whose attendance is
guidance of the members of the Revision Comments. required Asubpoena ducestecum shall contain a
The Tribunal shall direct the COMELEC to give advice reasonable description of the books, documents or
and instructions to the RCs on the security markings on things demanded which appear prima facie relevant.
the ballots and election documents. The Tribunal shall (R51)
likewise designate a technical person who assists the Rule 54. Authority of Hearing Commissioners to issue
RCs in authenticating electronic documents if needed, subpoena. - The Tribunal may authorize Hearing
as well as in transforming the same to a form that can Commissioners to issue subpoenas in cases assigned to
make them observable to the Tribunal. (n) them for reception of evidence. (R52)
TECHNICAL EXAMINATION RECEPTION EVIDENCE

Rule 46. Motion for technical examination; contents. - Rule 55. Hearings - After the submission of all
Within five days after completion of the revision of Revision/Correction Reports, the Tribunal may delegate
votes, either party may move for a technical the reception of evidence to a Hearing Commissioner
examination, specifying: who is a member of the Bar (R53)
(a) The nature of the technical examination requested Rule 56. Preliminary conference. - The Hearing
(e.g. the examination of the genuineness of the ballots Commissioner shall fix a date for the reception of
or election returns, and others); evidence and submission of the affidavits of the
(b) The documents to be subjected to technical witnesses of the parties, with the adverse parties being
examination; furnished copies.
(c) The objections made in the course of the revision of Reception of the evidence shall be done at the offices
votes which he intends to substantiate with the results of the Tribunal unless Hearing Commissioner directs its
of the technical examination; and reception in some other place (R54)
(d) The ballots and election returns covered by such Rule 57. Procedure of hearings. - At the hearings, the
objections. (R43a) affidavits of the witnesses submitted by the parties
shall constitute their direct testimonies. Witnesses who
Rule 47. Technical examination time limits. - The testify may be subject to cross - examination, redirect or
Tribunal may grant the motion for technical re-cross examination. Should the affiant fail to testify,
examination in its discretion and other such conditions his affidavit shall not be considered as competent
as it may impose. If the motion is granted the Tribunal evidence for the party presenting the affidavit, but the
shall schedule the technical examination, notifying the adverse party may utilize the same for any admissible
other parties at least five days in advance. The technical purpose.
examination shall be completed within the period
allowed by the tribunal. A party may attend the
technical examination, either personally or through a



Except on rebuttal or surrebuttal, no witness shall be (b) A complete statement of all the arguments
allowed to testify unless his affidavit was previously submitted in support of their respective views of the
submitted to the Tribunal case:
However, should a party desire to present additional (c) Objections to the ballots adjudicated to or claimed
affidavits or counter-affidavits as part of his direct by the other party in the revision of ballots:
evidence, he shall manifest during the preliminary (d) Refutation of the objections of the other party to the
conference, stating their purpose. If allowed by the ballots adjudicated to or claimed in the revision of
Tribunal, the additional affidavits of the protestee shall ballots
be submitted to the Tribunal and serve on the adverse
party not later than five days after the termination of (e) Objections to the tallying of election returns and
the preliminary conference. If the additional affidavits certificates of canvass raised by the other party in the
are presented by the protestant, the protestee may file correction of manifest error; and
his counter-affidavits and serve the same on the (f) Refutation of the objections raised by the other party
protestant within five days of such service. (R55a) to the tallying of election returns and certificates of
Rule 58. Cross-examination; effect of absence of a canvass in the correction of manifest error.
party. - In the reception of evidence of a party before a All evidence, as well as objections to evidence
Hearing Commissioner, the other party has a right to be presented by the other party, shall be either referred to
present and to cross-examine the witness presented. or contained in the memorandum or in an appendix
The Hearing Commissioner may proceed ex parte in thereto (R61)
the absence of the other party provided he has been Rule 64. Supplemental or rebuttal memorandum. -
duly notified of the hearing. When required or allowed by the Tribunal, a party shall
If a party presenting evidence fails to appear at the time a supplemental or rebuttal memorandum (R62)
and place designated, the Hearing Commissioner may
adjourn the proceedings to a future day, giving notice
to the absent party of his attorney of the adjournment. INITIAL DETERMINATION OF THE GROUNDS
The delay shall be charged to the party's period to FOR PROTEST
present evidence. (R56)
Rule 65. Dismissal, when proper - The Tribunal may
Rule 59. Hearing Commissioner to rule on objections. - require the protestant or counter-protestant to indicate
The Hearing Commissioner receiving the evidence shall , within a fixed period , the province or provinces
rule on objections made in the course of numbering not more than three best exemplifying the
cross-examination subject to review by the Tribunal. frauds or irregularities alleged in his petition and the
An exception to a ruling of the Hearing Commissioner revision of ballots and reception of evidence will begin
shall not suspend the reception of evidence. (R57) with such provinces. If upon examination of such ballots
and proof and after making reasonable allowances, the
Rule 60. Procedure after hearing by Commissioner. - Tribunal is convinced that, taking all circumstances into
The Hearing Commissioner shall submit the evidence account, the protestant or counter-protestant will most
presented, together with the transcripts of the probably fail to make out his case, the protest may
proceedings held before him, to the Tribunal within five forthwith be dismissed, without further consideration
days. (R58) of the other provinces mentioned in the protest.
Rule 61. Time limit for presentation of evidence. - Each The preceding paragraph shall also apply when the
part is given a period of thirty working days to complete election protest involves correction of manifest errors.
the presentation of his evidence, including its format (R63)
offer. This period shall begin from the first date set for
the presentation of the party's evidence. Either before
the Tribunal or a Hearing Commissioner. VOTING
The hearing for any particular day or days may be Rule 66. Votes required. - In resolving all matters or
postponed or canceled upon the request of either questions submitted to the Tribunal, including the
party. The delay caused by such postponement shall be rendition of a decision and the adoption of resolutions,
charged to the period for presenting evidence of the the concurrence of a majority of the Members present
movant. constituting a quorum, who actually took part in the
The following shall not be charged against the period deliberations on the issue of the case and voted therein,
allotted to either party: shall be necessary. (R64)
(a) The period when presentation of the party's
evidence is suspended by order of the Tribunal or the DECISION
Hearing Commissioner by reason of the pendency of an
issue in the nature of a prejudicial question which must Rule 67. Procedure in deciding contests. - In rendering
first be resolved before the hearing can continue: and its decision, the Tribunal shall follow the procedure
prescribed for the Supreme Court in Sections 13 and 14,
(b)The time taken up in the cross-examination of his Article VIII of the Constitution. (R65)
witnesses by the other party.
Rule 68. Promulgation of decision. - After the
A party may present rebuttal or surrebuttal evidence judgment and dissenting opinions, if any, are signed,
during the remainder of the thirty-day period that he they shall be delivered for filing with the Clerk of the
has not utilized for the presentation of his Tribunal who shall cause true copies to be served
evidence-in-chief (R59) personally upon the parties or their counsel (R66)
Rule 62. Evidence not formally offered, inadmissible - Rule 69. Finality of decision. - The decision shall
Evidence not formally offered shall not be admitted and become final ten days after receipt of a copy by the
considered by the Tribunal in deciding the case (R60) parties or their counsel if no motion for reconsideration
Rule 63. When submitted; contents - Within twenty is filed.
days from receipt of the Tribunal's ruling on the last No motion shall be entertained for the reopening of a
offer of evidence by the protestee , the parties shall case; a motion for reconsideration of a decision may be
simultaneously submit their respective memoranda allowed under the evidence of record, A party may file a
setting forth briefly. motion for reconsideration within ten days from service
(a) The facts of the case; of a copy of the decision, No party may file more than
one motion for reconsideration, copy of which shall be


served personally upon the adverse party who may

answer the motion within five days after its receipt. RULE 1 Coverage and General Provisions
If the motion for reconsideration is denied, the decision
SECTION 1. Title. — These Rules shall be known and
shall become final and executory upon personal service
cited as the "Financial Liquidation and Suspension of
on the parties of the resolution disposing of the motion
Payments Rules of Procedure for Insolvent Debtors" or
for reconsideration. IF the motion for reconsideration is
the "FLSP Rules."
granted, the party adversely affected may move to
reconsider within ten days from receipt of the SECTION 2. Scope. — These Rules shall govern the
resolution granting the motion for reconsideration; practice, pleading, and procedure for the liquidation of
otherwise, the decision as reconsidered shall become insolvent juridical and individual debtors, and
final and executor after the lapse of said period. (R67) suspension of payments of insolvent individual debtors
pursuant to the FRIA.
Rule 70. Entry of judgment. - The judgment shall be
entered by the Clerk of the Tribunal immediately upon They shall similarly govern all further proceedings in
its finality. The recording of the judgment in the Book insolvency cases already pending, except to the extent
of Entries of Judgment shall constitute its entry. The that, in the opinion of the court, its application would
record shall contain the dispositive part of the not be feasible or would work injustice, in which event
judgment and shall be signed by the Clerk of the the procedures originally applicable shall continue to
Tribunal, with a certificate that such judgment has govern.
become final and executor. (R68) These Rules shall have suppletory application to the
Rule 71. Procedure after finality of decision. - As soon as liquidation of entities expressly excluded from the
a decision is entered, notice shall be sent to the Senate, coverage of the FRIA under Section 5, Chapter I thereof.
the House of Representatives, the Commission on SECTION 3. Nature of Proceedings. — The proceedings
Elections and the Commission on Audit. under these Rules shall be in rem.
The originals of the decisions of the Tribunal shall be In voluntary liquidation proceedings of both juridical
kept in bound form in the archives of the Tribunal. (R69) and individual debtors, jurisdiction over all persons
affected by the proceedings is acquired upon
COSTS publication of the Liquidation Order as provided in
these Rules.
Rule 72. When allowed. - Costs shall be allowed to the In involuntary liquidation proceedings of juridical
prevailing party as a matter of course. The Tribunal shall debtors, jurisdiction over all persons affected by the
have the power, for special reasons, to apportion the proceedings is acquired upon publication of the
costs, as may be equitable. (R70) petition or motion under Section 7, Rule 2 (B) of these
Rules.
SUPPLEMENTARY RULES In involuntary liquidation proceedings of individual
debtors, jurisdiction over the person of the debtor is
Rule 73. Applicability. - The following shall be applicable
acquired upon service of summons in accordance with
by analogy or in suppletory character and effect in so
Section 15, Rule 3 (C) of these Rules; whereas jurisdiction
far as they may be applicable and are not inconsistent
over all other persons affected by the proceedings is
with these Rules and with the decisions, resolutions
acquired upon publication of the Liquidation Order
and orders if the Tribunal, namely:
under Section 2, Rule 4 (A)of these Rules.
(a) The Revised Rules of Court;
In suspension of payments proceedings, jurisdiction
(b) Decisions of the Supreme Court; and over all persons affected by the proceedings is acquired
(c) Decisions of the Electoral Tribunal. upon publication of the Suspension of Payments Order
as provided in these Rules.
(R71)
The proceedings shall be summary and non-adversarial
in nature. The following pleadings are prohibited:
AMENDMENT (a) motion to dismiss;
Rule 74. Amendment. - The Tribunal may, at any time, (b) motion for a bill of particulars;
amend these Rules. (R72)
(c) petition for relief;
(d) motion for extension;
EFFECTIVITY
(e) motion for postponement and other motions of
Rule 75. Effectivity. - These Rules shall take effect fifteen similar intent;
(15) days after publication in a newspaper of general
(f) reply;
circulation in the Philippines. (R73a)
(g) rejoinder;
(h) intervention; and
A.M. No. 15-04-06-SC | FINANCIAL (i) any pleading or motion similar to, or of like effect as,
LIQUIDATION AND SUSPENSION OF any of the foregoing.
PAYMENTS RULES OF PROCEDURE FOR For stated and fully supported compelling reasons, the
court may allow the filing of motions for extension or
INSOLVENT DEBTORS (2015) postponement, provided, the same shall be verified and
under oath.
April 21, 2015 Any pleading, motion, or other submission by any
interested party shall be supported by verified
statements that the affiant has read the submission
Pursuant to Section 6, Chapter I of Republic Act No. and its factual allegations are true and correct of his
10142, otherwise known as the "Financial Rehabilitation personal knowledge or based on authentic records, and
and Insolvency Act (FRIA) of 2010," the Court hereby shall contain supporting annexes, which the submitting
adopts and promulgates the following Rules of party shall attest as faithful reproductions of the
Procedure for the Liquidation of Insolvent Juridical and originals. An unverified submission shall be considered
Individual Debtors, and Suspension of Payments of as not filed. An improperly verified submission may be
Insolvent Individual Debtors: considered as not filed, at the discretion of the judge.


Upon motion, the court may order that the originals of (g) Liquidation Order shall refer to the order issued by
the annexes to a submission be produced in court for the court pursuant to Section 2, Rule 4 (A) of these
examination or comparison by a party to the Rules.
proceedings. (h) Liquidator shall refer to the natural person or
All pleadings or motions shall be filed simultaneously in juridical entity appointed as such by the court pursuant
three (3) printed and two (2) digitized copies in to these Rules and entrusted with such powers and
compact discs, flash drives, or other compatible duties as set forth herein; Provided, that if the liquidator
Information and Communications Technology (ICT) is a juridical entity, it must designate a natural person
media, in PDF format. who possesses all the qualifications and none of the
The court may decide matters on the basis of the disqualifications as its representative, it being
pleadings and other documentary evidence, and understood that the juridical entity and the
conduct clarificatory hearings when necessary. representative are solidarily liable for all obligations and
responsibilities of the liquidator.
Any order issued by the court under these Rules is
immediately executory. Review of any order of the court (i) Proceedings, unless the term is used in a different
shall be in accordance with Rule 5 of these Rules. context, shall refer to liquidation proceedings or
Provided, however, that the reliefs ordered by the trial of suspension of payments proceedings, as the case may
appellate courts shall take into account the need for be, under these Rules.
resolution of the proceedings in a just, equitable, and (j) Suspension of Payments Order shall refer to the
speedy manner. order issued by the court pursuant to Section 2, Rule 3
SECTION 4. Construction of Rules. — These Rules shall (A) of these Rules.
be liberally construed to promote a timely, fair, (k) Working day shall have the same meaning as
transparent, effective, and efficient liquidation and business day.
suspension of payments of debtors, in accordance with SECTION 6. Debtor Spouses as Parties. — A married
the declared policy of the FRIA. individual debtor shall sue or be sued jointly with his or
SECTION 5. Definition of Terms. — Terms used but not her spouse, except as provided by law.
defined herein shall have the same meanings ascribed SECTION 7. Applicability of Rule 5 of the FR Rules. —
to them in the FRIA: Rule 5 of the FR Rules on Cross-Border Insolvency
(a) Administrative expenses shall refer to those Proceedings is hereby made applicable to liquidation
reasonable and necessary expenses: proceedings and, for this purpose, is adopted as part of
(1) incurred in connection with the filing of a petition these Rules.
under these Rules, including filing and professional fees SECTION 8. Liability of Individual Debtor, Owner of a
in preparing the petition; Sole Proprietorship, Partners in a Partnership, or
(2) arising from, or in connection with the proceedings Directors and Officers. — The individual debtor, owner
under these Rules; of a sole proprietorship, the partners in a partnership, or
the directors and officers of a corporate debtor shall be
(3) incurred in the ordinary course of business of the liable for double the value of the property sold,
debtor after the commencement date; embezzled or disposed of, or double the amount of the
(4) incurred for the fees of the liquidator/commissioner transaction involved, whichever is higher, to be
and/or of the professionals he may engage; and recovered for the benefit of the debtor and the
creditors, if they, having notice of the
(5) those otherwise authorized or mandated under the commencementof the proceedings, or having reason
FRIA or such other expenses authorized under these to believe that the proceedings are about to be
Rules. commenced, or in contemplation thereof, willfully
(b) Asset is anything of value, which may be either commit the following acts:
tangible or intangible. Tangible assets can be current (a) dispose or cause to be disposed any property of the
assets or fixed assets. Current assets may include cash debtor other than in the ordinary course of business or
on hand, money in banks or inventory, while fixed authorize or approve any transaction in fraud of
assets may include plant, building, property and creditors or in a manner grossly disadvantageous to the
equipment. Intangible assets may include intellectual debtor and/or creditors; or
property (such as copyrights, patents, and trademarks)
and financial assets (such as accounts receivables, (b) conceal, authorize or approve the concealment from
subscriptions receivables, and bonds and stocks). the creditors, or embezzle or misappropriate, any
property of the debtor.
The value of these assets must appear in the latest
audited financial statements immediately preceding The court shall determine the extent of the liability of
the filing of the petition. In case the debtor is less than an owner, partner, director or officer under this section.
three (3) years in operation, it is sufficient that the book In this connection, in case of partnerships and
value is based on the audited financial statement/s for corporations, the court shall consider the amount of the
the two (2) years or year immediately preceding the shareholding or partnership or equity interest of such
filing of the petition, as the case may be. partner, director or officer, the degree of control of such
partner, director or officer over the debtor, and the
(c) Commencement date shall refer to the date on extent of the involvement of such partner, director or
which the court issues a commencement order in a debtor in the actual management of the operations of
rehabilitation case. the debtor.
(d) Court/s shall refer to the Regional Trial Court/s
designated by the Supreme Court as special
commercial court/s. RULE 2 Liquidation of Insolvent Juridical
(e) Insolvency shall refer to the financial incapacity of Debtors
the debtors to pay their liabilities as they fall due in the A. Voluntary Liquidation
ordinary course of business or whenever their liabilities
are greater than their assets. SECTION 1. Who May File Petition; Venue; Contents. —
An insolvent juridical debtor may file a verified petition
(f) Liquidation shall refer to the proceedings under for liquidation in the Regional Trial Court which has
Chapters V, VI (B) and (C), and VII of the FRIA. jurisdiction over its principal office as specified in its
articles of incorporation or partnership. Where the
principal office of the corporation or partnership as
registered with the Securities and Exchange


Commission (SEC) is in Metro Manila, the petition must have a maximum period of ten (10) working days from
be filed in the Regional Trial Court of the city or the date of the filing of the petition or motion to issue
municipality where the head office is located. The the Liquidation Order, dismiss the petition, or deny the
petition shall indicate the names of at least three (3) motion.
nominees to the position of liquidator and shall include, B. Involuntary Liquidation
as minimum attachments, the following:
SECTION 4. Who May File Petition; Venue; Contents. —
(a) a certificate attesting to the holding of a meeting of Three (3) or more creditors the aggregate of whose
the Board of Directors of a stock corporation or the claims is at least either One Million Pesos
Board of Trustees of a non-stock corporation, as the (P1,000,000.00) or at least twenty-five percent (25%) of
case may be, called for the purpose and the approval the subscribed capital stock or partners' contributions
during the meeting of a resolution to file the petition, of the insolvent juridical debtor, whichever is higher,
signed by the secretary of the meeting and at least a may file a petition for the liquidation of an insolvent
majority of the members of the Board present during juridical debtor in the Regional Trial Court which has
the meeting; jurisdiction over the principal office of the debtor as
(b) a certificate attesting to the holding of a meeting of specified in its articles of incorporation or partnership.
the stockholders, members or partners comprising the Where the principal office of the corporation or
debtor, as the case may be, called for the purpose and partnership as registered with the SEC is in Metro
the approval during the meeting of a resolution to file Manila, the petition must be filed in the Regional Trial
the petition by the stockholders holding at least Court of the city or municipality where the head office
two-thirds (2/3) of the outstanding capital stock of the is located. The petition must be verified by each of the
stock corporation, or two-thirds (2/3) of the members or petitioners or, if the petitioners or any of them is a
partners in case of a non-stock corporation, association corporation, partnership, or association, then by any of
or partnership, as the case may be, signed by the their duly authorized officer/s or representative/s. The
chairman and the secretary of the meeting; petition shall indicate the names of at least three (3)
(c) a schedule of debts and liabilities, which lists all the nominees to the position of liquidator, and must show
creditors of the debtor, indicating the name and last that:
address of record of each creditor; the amount of each (a) there is no genuine issue of fact or law on the claim/s
claim as to principal, interest, or penalties due thirty (30) of the petitioner/s, and that the due and demandable
days prior to the date of filing; the nature of the claim; payments thereon have not been made for at least one
and any pledge, lien, mortgage, judgment or other hundred eighty (180) days or that the debtor has failed
security given for the payment thereof; generally to meet its liabilities as they fall due; and
(d) an inventory of assets, which must list with (b) there is no substantial likelihood that the debtor
reasonable particularity all the assets of the debtor, may be rehabilitated.
whether in the possession of the debtor or third parties, The petition shall also include information to the best
stating the nature of each asset; the location and knowledge of the petitioners on:
condition thereof; the book value and market value of
the asset, attaching the corresponding certified copy of (a) the schedule of debts and liabilities, including a list
the certificate of title thereof in case of real property, or of its known creditors with their addresses, amounts of
the evidence of title or ownership in case of movable claims and collaterals, or securities, if any;
property; the encumbrances, liens or claims thereon, if (b) the debtor's assets, including receivables and claims
any, and the identities and addresses of the lien holders against third parties; and
and claimants;
(c) the audited financial statements of the debtor for
(e) a schedule of current income and expenditures the immediately preceding three (3) years.
within three (3) months prior to the filing of the
petition; SECTION 5. Bond. — The petitioners shall post a bond in
an amount at least equal in value to the aggregate of
(f) a list of all properties acquired by the debtor in the their claims, conditioned upon payment to the debtor
immediately preceding two (2) years; of all expenses and damages it may incur by reason of
(g) a list of all properties sold, disposed of, or donated by the filing of the petition if the same is later denied or
the debtor in the immediately preceding two (2) years; dismissed by the court, or withdrawn by the petitioners
without the consent of the debtor.
(h) a schedule of the debtor's executory contracts and
unexpired leases; SECTION 6. Filing of a Motion to Convert Rehabilitation
Proceedings into Liquidation Proceedings. — When
(i) the audited financial statements of the debtor for the there is a pending court-supervised or pre-negotiated
immediately preceding three (3) years; and rehabilitation proceedings, three (3) or more creditors
(j) the income tax return of the debtor for the the aggregate of whose claims is at least either One
immediately preceding year. Million Pesos (P1,000,000.00) or at least twenty-five
All attachments to the petition shall be deemed part percent (25%) of the subscribed capital, or partners'
and parcel of the verified petition. contributions, of the debtor, whichever is higher, may
file a motion in the same court where the rehabilitation
SECTION 2. Filing of a Motion to Convert Rehabilitation proceedings are pending to convert the rehabilitation
Proceedings into Liquidation Proceedings. — When proceedings into liquidation proceedings. The motion
there is a pending court-supervised or pre-negotiated shall be verified and shall contain or set forth the same
rehabilitation proceeding, the debtor may file a motion matters mentioned in Section 4 of this Rule.
in the same court where the rehabilitation proceedings
are pending to convert the rehabilitation proceedings SECTION 7. Action on the Petition or Motion. — If the
into liquidation proceedings. The motion shall be court finds the petition or motion sufficient in form and
verified and shall contain or set forth the same matters substance, it shall issue an order:
mentioned in the preceding section and the grounds (a) directing the publication of the petition or motion in
relied upon as provided under the FRIA. a newspaper of general circulation in the Philippines
SECTION 3. Action on the Petition or Motion. — If the once a week for two (2) consecutive weeks;
court finds the petition or motion, as the case may be, (b) directing the debtor, all known creditors, and any
to be sufficient in form and substance, it shall issue the other interested party, to file their comment on the
Liquidation Order mentioned in Section 2, Rule 4 (A) of petition or motion within fifteen (15) days from notice of
these Rules. Otherwise, the court shall dismiss the the order; and
petition or deny the motion. The court may take any (c) directing that a copy of the petition or motion be
action necessary for the foregoing purposes but it shall served on the debtor and on all known creditors, unless



they exceed twenty (20) in number, in which case, of the debtor incurred within sixty (60) days
service shall be made on at least the first twenty (20) immediately prior to the filing of the petition; and (ii)
largest known creditors of the debtor in terms of credits secured creditors;
held. However, if there are more than twenty (20) (b) calling a meeting of all the creditors named in the
known creditors (who are not petitioners) and one or schedule of debts and liabilities at a time not less than
more of them acquired their credit/s within the six fifteen (15) days nor more than forty (40) days from the
(6)-month period immediately preceding the filing of date of such order and designating the date, time, and
the petition, the number of creditors to be served place of the meeting;
copies of the petition shall be increased by the same
number. (c) directing such creditors to present written evidence
of their claims before the scheduled creditors' meeting;
SECTION 8. Hearing on the Petition or Motion. — The
court shall conduct a hearing if the petition or motion, (d) directing the publication of the said order in a
as well as the comments thereto raise issues of facts. newspaper of general circulation in the Philippines
once a week for two (2) consecutive weeks, with the
On the basis of the pleadings and the hearing first publication to be made within seven (7) days from
conducted, if any, the court shall determine whether the time of the issuance of the order;
the evidence is sufficient to warrant the issuance of a
Liquidation Order mentioned in Section 2, Rule 4 (A) of (e) directing the clerk of court to send or cause the
these Rules. Otherwise, the court shall dismiss the sending of a copy of the order by registered mail,
petition or deny the motion. postage prepaid, to all creditors named in the schedule
of debts and liabilities;
SECTION 9. Conversion by the Court of Rehabilitation
Proceedings into Liquidation Proceedings. — After (f) prohibiting the petitioner from selling, transferring,
notice and hearing, the court where rehabilitation encumbering or disposing his property, except those
proceedings are pending may also order the conversion used in the ordinary operations of commerce or of
of rehabilitation proceedings into liquidation industry in which the petitioner is engaged as long as
proceedings in those cases authorized by law, or at any the proceedings are pending;
other time upon the recommendation of the (g) prohibiting the petitioner from making any
rehabilitation receiver or management committee that payment outside of the necessary or legitimate
the rehabilitation of the debtor is no longer feasible. In expenses of his business or industry, as long as the
such case, the FLSP Rules shall apply. proceedings are pending; and
(h) appointing a commissioner to preside over the
RULE 3 Insolvency of Individual Debtors creditors' meeting, who may or may not be from
among the nominees of the debtor.
A. Suspension of Payments SECTION 3. Motion to Suspend Pending Execution. —
Upon motion of the petitioner, the court may also issue
SECTION 1. Who May File Petition; Venue; Contents. — an order suspending any pending execution against
An individual debtor who has assets that exceed his the debtor. Property held as security by secured
liabilities but foresees the impossibility of paying his creditors shall not be subject to such suspension order.
debts when they respectively fall due may file a verified
petition for suspension of payments in the court having The order suspending execution shall lapse when three
jurisdiction over the province or city where he has (3) months shall have passed without the proposed
resided for six (6) months prior to the filing of the agreement being accepted by the creditors or as soon
petition. as such proposed agreement is rejected.
The petition shall indicate the names of at least three SECTION 4. Persons Who May Refrain from Attending
(3) nominees to the position of commissioner and shall and Voting during the Creditors' Meeting. — Secured
include, as minimum attachments, the following: creditors and creditors having claims for personal labor,
maintenance, expense of last illness and funeral of the
(a) a schedule of debts and liabilities, including a list of wife or children of the debtor incurred within sixty (60)
creditors with their addresses, amount of claims and days immediately prior to the filing of the petition may
collaterals, if any; refrain from attending the creditors' meeting and from
(b) an inventory of all the debtor's assets, including voting therein. Such persons shall not be bound by any
receivables and claims against third parties; agreement arrived at in such meeting, unless, being
aware of this right, they attend the meeting, participate
(c) a schedule of current income and expenditures in the discussions and vote therein.
within three (3) months prior to the filing of the
petition; SECTION 5. Who May be Appointed Commissioner. —
The commissioner, who shall preside over the creditors'
(d) the income tax return of the debtor for the meeting in connection with the proceedings, shall be a
immediately preceding year; natural person who shall have the following minimum
(e) a list of all properties acquired by the debtor in the qualifications:
immediately preceding two (2) years; (a) a citizen of the Philippines or a resident thereof for
(f) a list of all properties sold, disposed of, or donated by six (6) months immediately preceding his appointment;
the debtor in the immediately preceding two (2) years; (b) of good moral character and with acknowledged
(g) a schedule of the debtor's executory contracts and integrity, impartiality and independence;
unexpired leases; and (c) has the requisite knowledge of insolvency laws, rules
(h) a proposed agreement with the creditors. and procedures; and
All attachments to the petition shall be deemed part (d) has no conflict of interest; Provided, that such
and parcel of the verified petition. conflict of interest may be waived, expressly or
impliedly, by a party who may be prejudiced thereby.
SECTION 2. Action on the Petition. — If the Court finds
An individual shall be deemed to have a conflict of
the petition sufficient in form and substance, it shall,
interest if he is so situated as to be materially influenced
within five (5) working days from the filing of the
in the exercise of his judgment for or against any party
petition, issue a Suspension of Payments Order:
to the proceedings.
(a) prohibiting creditors from suing or instituting
The debtor or any creditor may file a written objection
proceedings for collection against the debtor, except: (i)
to the commissioner appointed by the court on the
creditors having claims for personal labor, maintenance,
ground that he does not meet the foregoing minimum
expense of last illness and funeral of the wife or children


requirements. If the court finds merit in the objection, it The court shall hear and pass upon such objection in a
shall appoint a new commissioner. summary manner, within thirty (30) days from the filing
SECTION 6. Creditors' Meeting. — The presence of of the objection. If the decision of the majority of
creditors, either in person or through a representative creditors to approve the debtor's proposal, or any
duly authorized in writing, holding claims amounting to amendment thereto, is annulled by the court, the
at least three-fifths (3/5) of the liabilities of the petition shall be dismissed.
petitioner, excluding liabilities unaffected by the SECTION 9. Effects of the Approval of the Debtor's
Suspension of Payments Order listed as exceptions Proposal or Any Amendment Thereto. — If the decision
under Section 2 (a) of this Rule, shall be necessary to of the majority of the creditors to approve the proposed
hold a creditors' meeting under this Rule. The agreement, or any amendment thereto, made during
court-appointed commissioner shall preside over the the creditors' meeting is upheld by the court, or when
meeting and the clerk of court shall act as meeting no opposition or objection to said decision has been
secretary, subject to the following rules: presented, the court shall issue an order confirming the
(a) The clerk of court shall record the creditors present approval of the proposed agreement, or any
and the amount of their respective claims; amendment thereto, and directing all parties bound
thereby to comply with its terms.
(b) The commissioner shall examine the written
evidence of the claims. If the creditors present hold at SECTION 10. Residual Power of the Court. — The court,
least three-fifths (3/5) of the liabilities of the debtor as upon motion of any affected party, may issue any order
above-qualified, he shall declare a quorum; which may be necessary or proper to enforce the
agreement. If the debtor fails, wholly or in part, to
(c) The creditors and the debtor shall discuss the perform his obligations under the agreement, or to
proposed agreement and any amendment thereto, and comply with any order of the court, the court, upon
put it to a vote. No creditor who incurred his credit motion of any creditor, shall declare the agreement
within ninety (90) days prior to the filing of the petition terminated, and all the rights which the creditors had
shall be allowed to vote; against the debtor before the agreement shall revest in
(d) To form a majority, it is necessary: them.
1) that two-thirds (2/3) of the creditors voting unite upon
the matter on the table; and B. Voluntary Liquidation
2) that the claims represented by said majority vote SECTION 11. Who May File Petition; Venue; Contents. —
amount to at least three-fifths (3/5) of the total liabilities An individual debtor whose liabilities exceed his assets
of the debtor as above-qualified; and and whose debts exceed Five Hundred Thousand Pesos
(P500,000.00) may file a verified petition for liquidation
(e) After the announcement of the results, all the in the court having jurisdiction over the province or city
protests against the majority vote shall be drawn up, where he has resided for six (6) months prior to the
and the commissioner, the debtor and all creditors who filing of the petition.
took part in the voting shall sign the affirmed
propositions. The petition shall indicate the names of at least three
(3) nominees, to the position of liquidator and shall
The commissioner shall prepare a report of the include, as minimum attachments, the following:
proceedings that shall include the voting results, the
affirmed propositions mentioned in paragraph (e) (a) a schedule of debts and liabilities, including a list of
above, if any, and submit the report to the court not creditors with their addresses, amount of claims and
later than three (3) days after the last creditors' collaterals, if any;
meeting. (b) an inventory of all the debtor's assets, including
SECTION 7. Rejection of the Debtor's Proposal and receivables and claims against third parties;
Dismissal of the Petition. — If no creditors' meeting (c) a schedule of current income and expenditures
with the required quorum is held within ninety (90) within three (3) months prior to the filing of the
days from the date of the last publication mentioned in petition;
Section 2 (d) of this Rule, or, there being such meeting
or meetings, the debtor's proposal is not approved (d) the income tax return of the debtor for the
within the said period, the same shall be deemed immediately preceding year;
rejected. In such a case, the court, within five (5) days (e) a list of all properties acquired by the debtor in the
from the lapse of the ninety (90)-day period, or from immediately preceding two (2) years;
receiving the report of the commissioner mentioned in
the preceding section that the debtor's proposal has (f) a list of all properties sold, disposed of, or donated by
been rejected, shall issue an order dismissing the the debtor in the immediately preceding two (2) years;
petition. and
SECTION 8. Objections to the Approval of the Debtor's (g) a schedule of the debtor's executory contracts and
Proposal or Any Amendment Thereto. — If the proposal unexpired leases.
of the debtor, or any amendment thereto, made during All attachments to the petition shall be deemed part
the creditors' meeting, is approved by the majority of and parcel of the verified petition.
creditors in accordance with Section 6 of this Rule, any SECTION 3. * Action on the Petition. — If the court finds
creditor who attended the meeting and who dissented the petition sufficient in form and substance, it shall
from and protested against the vote of the majority issue the Liquidation Order mentioned in Section 2,
may file an objection with the court within ten (10) days Rule 4 (A) of these Rules. Otherwise, the court shall
from the date of the meeting on any of the following dismiss the petition. The court may take any action
grounds: necessary for the foregoing purposes but it shall have a
(a) defects in the call for the meeting, in the holding maximum period often (10) working days from the date
thereof, and in the deliberations had thereat which of the filing of the petition to issue the Liquidation
prejudice the rights of the creditors; Order or dismiss the petition.
(b) fraudulent connivance between one or more * Note from the Publisher: Copied verbatim from the
creditors and the individual debtor to vote in favor of official copy.
the proposed agreement, or any amendment thereto;
or
C. Involuntary Liquidation
(c) fraudulent conveyance of claims for the purpose of
obtaining a majority. SECTION 13. Who May File Petition; Venue; Contents. —
Any creditor or creditors with a claim of, or the



aggregate of whose claims is, at least Five Hundred from paying any of his debts, or from transferring any
Thousand Pesos (P500,000.00) may file a verified property belonging to him, until the court issues a
petition for liquidation of an individual debtor with the Liquidation Order or dismisses the petition, whichever
court of the province or city where the debtor resides. is earlier. However, nothing contained herein shall affect
The petition shall state the particulars of at least one of or impair the rights of a secured creditor to enforce his
the following acts of insolvency of the debtor: lien in accordance with its terms.
(a) that the debtor is about to depart or has departed SECTION 17. Hearing on the Petition. — After the issues
from the Philippines, with intent to defraud his are joined, the court shall set the petition for hearing in
creditors; order to determine whether the evidence is sufficient
to warrant the issuance of a Liquidation Order.
(b) that being absent from the Philippines, with intent
to defraud his creditors, he remains absent; SECTION 18. Issuance of the Liquidation Order. — If the
debtor on whom summons is properly served fails to
(c) that the debtor conceals himself to avoid the service file a comment on or opposition to the petition within
of legal process for the purpose of hindering or delaying the period given by the court, or if the evidence given
the liquidation or of defrauding his creditors; during the hearing mentioned in the preceding section
(d) that the debtor conceals, or is removing, any of his warrant it, the court shall issue the Liquidation Order
property to avoid its being attached or taken on legal mentioned in Section 2, Rule 4 (A) of these Rules.
process; SECTION 19. Absent Debtor. — When the debtor resides
(e) that the debtor has allowed his property to remain out of the Philippines, or when his residence is
under attachment or legal process for three (3) days for unknown, or he has departed from the Philippines with
the purpose of hindering or delaying the liquidation or intent to defraud his creditors, or cannot, after due
of defrauding his creditors; diligence, be found therein, or conceals himself to avoid
service of summons, or any other related preliminary
(f) that the debtor has confessed or offered to allow process or orders, then the court, upon motion of the
judgment in favor of any creditor for the purpose of petitioning creditors duly supported by an affidavit or
hindering or delaying the liquidation or of defrauding affidavit/s narrating and substantiating any of the
any creditor; foregoing allegations and a bond approved by the court
(g) that the debtor has wilfully allowed judgment to be in double the amount of the aggregate sum of their
taken against him by default for the purpose of claims against the debtor, shall issue an order directing:
hindering or delaying the liquidation or of defrauding (a) the sheriff of the province or city in which the matter
his creditors; is pending to take into custody, within thirty (30) days
(h) that the debtor has suffered or procured his from the date of the order, a sufficient amount of
property to be taken on legal process with intent to give property of the debtor, not exempt from execution and
a preference to one or more of his creditors and thereby not subject of a secured creditor's lien, to satisfy the
hinder or delay the liquidation or defraud any one of his claims of the petitioning creditors and the costs of the
creditors; proceedings;
(i) that the debtor has made any assignment, gift, sale, (b) the publication of the summons and the said order
conveyance or transfer of his estate, property, rights or in a newspaper of general circulation in the Philippines
credits with intent to hinder or delay the liquidation or once a week for two (2) consecutive weeks;
defraud his creditors; (c) the mailing of the petition, the summons and the
(j) that the debtor has, in contemplation of insolvency, order to the debtor's last known address;
made any payment, gift, grant, sale, conveyance or (d) the sending of an electronic mail to the debtor's last
transfer of his estate, property, rights or credits; known electronic mail address, if any, attaching thereto
(k) that being a merchant or tradesman, the debtor has copies of the petition, the summons and the order; and
generally defaulted in the payment of his current (e) the posting of copies of the petition and the
obligations for a period of thirty (30) days; summons on at least three (3) conspicuous places on
(l) that for a period of thirty (30) days, the debtor has any real property owned by the debtor.
failed, after demand, to pay any moneys deposited with If the debtor fails to file a comment, opposition or other
him or received by him in a fiduciary capacity; or responsive pleading to the petition or order within
(m) that an execution having been issued against him fifteen (15) days after the last publication of the
on final judgment for money, the debtor shall have summons and order, or within any other period given
been found to be without sufficient property subject to by the court, then the court shall issue a Liquidation
execution to satisfy the judgment. Order mentioned in Section 2, Rule 4 (A) of these Rules.
SECTION 14. Bond for Filing of Petition. — The SECTION 20. Duty of Sheriff. — Upon receiving the order
petitioner/s shall post a bond in an amount at least for him to take into custody property of the debtor, the
equal in value to the aggregate of his/their claims, sheriff shall take custody of such property of the debtor
conditioned upon payment to the debtor of all not exempt from execution and not subject of any
expenses and damages the debtor may incur by reason secured creditor's lien sufficient to cover the amount
of the filing of the petition if the petition is later provided for. He shall make a return to the court within
dismissed or withdrawn by the petitioner/s without the two (2) days every time he takes property of the debtor
consent of the debtor, or if it is finally determined that pursuant to the order, and as soon as he has taken
the debtor is not insolvent. sufficient amount of the debtor's property to cover the
amount provided for in the order, he shall make a
SECTION 15. Order for Debtor to Show Cause. — If the return to the court of an inventory of all the property
petition is sufficient in form and substance, the court, taken within three (3) days from the time of the last
within five working (5) days from the filing of the taking. Upon motion and for good cause shown, the
petition, shall issue summons to the debtor requiring time for making an inventory, or any return may be
him, by way of comment on or opposition to the extended. The sheriff shall also prepare a schedule of
petition within an inextendible period of fifteen (15) the names and residences of the creditors, and the
days from service of the summons, to show cause why amount due each, from the books of the debtor, or
he should not be declared insolvent. from such other papers or data of the individual debtor
SECTION 16. Order for Debtor to Refrain from Paying available as may come to his possession, and shall file
Debts or Transferring Property. — Upon motion of any such schedule or list of creditors and inventory with the
creditor and after hearing, the court may, upon good clerk of court.
cause shown, issue an order prohibiting the debtor


SECTION 21. All Property Taken to be Held for All (d) order the publication of the Liquidation Order,
Creditors; Appeal Bonds; Exemptions to Sureties. — If together with the petition, or motion to convert the
after the taking mentioned in the preceding section, rehabilitation proceedings into liquidation proceedings,
there still remains property of the debtor not exempt if any, in a newspaper of general circulation in the
from execution and not subject of a secured creditor's Philippines once a week for two (2) consecutive weeks;
lien, any other creditor or creditors, upon giving bond (e) direct payments of any claims and conveyance of
approved by the court in double the amount of his/their any property due the debtor to the liquidator;
claim/s, singly or jointly, shall be entitled to similar
orders and to like action, by the sheriff, until all claims (f) prohibit payments and the transfer of any property
are provided for, and as long as the debtor has by the debtor;
sufficient property. All such property taken into custody (g) direct all creditors to file their claims with the
by the sheriff shall be held by him for the benefit of all liquidator not later than five (5) days from the time the
creditors whose claims shall be duly established in the liquidator takes his oath of office, furnishing a copy
proceedings. thereof to the court;
SECTION 22. Bonds for Custody of Property and Appeal. (h) authorize the payment of administrative expenses
— The bonds provided for in Sections 19 and 21 of this as they become due;
Rule to procure the order for custody of the property
and effects of the debtor shall be conditioned upon (i) state that the debtor and creditors who are not
payment to the debtor, his heirs, administrators, petitioner/s may submit the names of other nominees
executors or assigns of all damages he may sustain by to the position of liquidator; and
reason of the order for which the bonds were procured (j) set the case for hearing for the election and
if, after hearing of the petition, the court shall find in appointment of the liquidator, which date shall not be
favor of the debtor and the petition is dismissed. Such less than thirty (30) days nor more than forty-five (45)
damages, which shall not exceed the amount of the days from the date of the last publication.
bond, shall be determined and fixed by the court. If
either the petitioners or the debtor shall appeal from SECTION 3. Effects of the Liquidation Order. — Upon
the decision of the court, upon final hearing of the the issuance of the Liquidation Order:
petition, the appellant shall be required to give bond to (a) the juridical debtor shall be deemed dissolved and
the successful party in a sum double the amount of the its corporate or juridical existence terminated;
value of the property in controversy, and for the costs of (b) legal title to and control of all the assets of the
the proceedings. debtor, except those that may be exempt from
Any person interested in the estate may object to the execution, shall be deemed vested in the liquidator or,
sufficiency of the surety or sureties on such bond or pending his election or appointment, with the court;
bonds. The court shall direct the surety or sureties to (c) all contracts of the debtor shall be deemed
justify their sufficiency. If the court finds that the terminated and/or breached, unless the liquidator,
sureties or any of them are insufficient, the court shall within ninety (90) days from the time he takes his oath
issue an order dismissing the petition or vacating the of office, declares otherwise and the contract
order to take into the custody of the sheriff the property counter-party agrees;
of the individual debtor, or denying the appeal, as the
case may be. (d) no separate action for the collection of an unsecured
claim shall be allowed. Actions already pending will be
SECTION 23. Sale of Debtor's Property under Sheriff's transferred to the liquidator for him to accept and settle
Custody. — If the property of the debtor taken into or contest. If the liquidator contests or disputes the
custody by the sheriff under Sections 19, 20 and 21 of claim, the court shall allow, hear, and resolve such
this Rule is perishable, costly to maintain, subject to or contest, except when the case is already on appeal. In
in danger of rapid obsolescence, depreciation, or such a case, the suit may proceed to judgment, and any
diminution in value, or when the interests of the debtor final and executory judgment therein for a claim
and the creditors will be better served by the sale against the debtor shall be filed and allowed in court;
thereof, the court, upon motion of any creditor, duly and
supported by affidavit/s narrating facts supporting the
application and a bond equivalent to the estimated (e) no foreclosure proceeding shall be allowed for a
value of the property approved by the court, shall issue period of one hundred eighty (180) days from the date
an order directing: (a) the sale of the property in the of the order.
same manner as property is sold under execution, the
proceeds to be deposited in the court to abide by the B. Secured Creditors
result of the proceedings; and (b) the publication of the
order once a week for two consecutive weeks in a SECTION 4. Rights of Secured Creditors. — The
newspaper of general circulation in the city or province Liquidation Order shall not affect the right of a secured
where the court exercises jurisdiction. creditor to enforce his lien in accordance with the
applicable contract or law, unless he waives his right.
SECTION 5. Duty of Secured Creditors. — At any time
RULE 4 Provisions Common to Liquidation in prior to the election of the liquidator, a secured creditor
Insolvency of Individual and Juridical Debtors shall manifest in writing to the court whether he is:
SECTION 1. Use of Term Debtor. — The term debtor used (a) waiving his right under the security or lien in
in this Rule shall refer to an individual debtor and/or a accordance with Section 6 of this Rule; or
juridical debtor whenever appropriate. (b) maintaining his right under the security or lien.
If a secured creditor fails to file such a manifestation, he
A. The Liquidation Order shall be deemed to have opted to maintain his right
SECTION 2. Liquidation Order. — The Liquidation Order under the security or lien.
shall: SECTION 6. Waiver of Security or Lien. — A secured
(a) declare the debtor insolvent; creditor shall not be deemed to have waived his right
under the security or lien unless the waiver is made in a
(b) order the liquidation of the debtor and, in the case public document, in unequivocal language, and with
of a juridical debtor, declare it as dissolved; full knowledge of the consequences of his action. If a
(c) order the sheriff to take possession and control of all secured creditor waives his right, he shall be entitled to
the property of the debtor, except those that may be participate in the liquidation proceedings as an
exempt from execution; unsecured creditor.


SECTION 7. When a Secured Creditor Maintains His creditors, or acted as legal counsel or auditor or
Security or Lien. — If a secured creditor elects to enforce accountant of the debtor or any of the creditors;
or maintain his right under the security or lien, at his (e) he is, or was, within two (2) years from the filing of
option: the petition or motion for conversion, an underwriter of
(a) the value of the property may be fixed in a manner the outstanding securities of the debtor;
agreed upon by the creditor and the liquidator, and (f) he is related by consanguinity or affinity within the
approved by the court. fourth civil degree to any individual creditor, owner of a
When the value of the property is less than the claim it sole proprietorship-debtor, partner in a
secures, the liquidator may convey the property to the partnership-debtor or stockholder, director, officer,
secured creditor and the latter will be admitted in the employee or underwriter of a corporate-debtor;
liquidation proceedings as an unsecured creditor for (g) he has any other direct or indirect material interest
the balance. If the value of the property exceeds the in the debtor or any of the creditors; or
claim secured, the liquidator may convey the property
to the secured creditor and waive the debtor's right of (h) he was the receiver or member of the management
redemption upon receiving the excess from the committee, the counsel or an employee of either, when
creditor. In any case, any other creditor or interested there is a showing that the financial distress of the
party may, upon a prima facie showing that the debtor was not arrested or its fiscal condition
valuation is too low, contest the valuation and propose deteriorated and resulted in its liquidation by reason of
another mode by which to dispose of the property, or to his lack of diligence or foresight.
otherwise convert it to cash or its equivalent, to ensure A nominee or an elected or appointed liquidator and
that the true maximum value of the property under the their personnel shall immediately disclose to the court
circumstances is obtained. A dissenting creditor or any any ground that may give rise to an actual or potential
other creditor or interested party may also offer to conflict of interest, regardless of his personal
purchase the property at the price it is valued by the assessment of its sufficiency, as soon as he becomes
secured creditor and the liquidator, as approved by the aware of it.
court. At all times, it shall be the duty of the court to
ensure that the property is valued at its maximum If the liquidator is a juridical entity, it must designate a
under the circumstances. In case there is conflict on the natural person who possesses all the qualifications and
valuation of the property, the court may appoint an none of the disqualifications as its representative, it
independent third party appraiser to assist in being understood that the juridical entity and the
determining the proper valuation of the property; representative are solidarily liable for all obligations and
responsibilities of the liquidator.
(b) the liquidator may sell the property and satisfy the
secured creditor's entire claim from the proceeds of the SECTION 9. Election of Liquidator. — The creditors
sale. The sale shall be made under such terms and entitled to vote will elect the liquidator in open court. To
conditions as the liquidator and the secured creditor constitute a quorum for the election of the liquidator,
may agree upon, as approved by the court, provided, creditors representing or holding at least a majority of
that the costs of the sale, if any, shall be for the account the total claims entitled to vote must be present either
of the secured creditor; or in person or by proxy. Only creditors who were included
in the schedule of debts and liabilities or registry of
(c) the secured creditor may enforce the lien or claims, or have filed their claims within the period set
foreclose on the property pursuant to applicable laws. by the court, and whose claims are not barred by the
statute of limitations, are entitled to vote. A secured
C. The Liquidator creditor shall not be entitled to vote, unless: (a) he
waives his right under the security or lien; and (b) has
SECTION 8. Qualifications of the Liquidator. — The the value of the property subject of his security or lien
liquidator shall: fixed and approved by the court, and is admitted for
(a) be a citizen of the Philippines or a resident thereof the balance of his claim. The nominee receiving the
for six (6) months immediately preceding his highest number of votes cast in terms of the amount of
nomination; claim held or represented, and who is qualified
pursuant to Section 8 of this Rule, shall be appointed as
(b) be of good moral character and with acknowledged the liquidator.
integrity, impartiality and independence;
SECTION 10. Court-Appointed Liquidator. — The court
(c) have the requisite knowledge of insolvency and may appoint the liquidator if:
other relevant commercial laws, rules and procedures,
as well as the relevant training and/or experience that (a) on the date set for the election of the liquidator,
may be necessary to enable him to properly discharge there is no quorum;
the duties and obligations of a liquidator; and (b) the creditors who attend either fail or refuse to elect
(d) have no conflict of interest: Provided, that such a liquidator;
conflict of interest may be waived, expressly or (c) after being elected, the liquidator fails to qualify; or
impliedly, by a party who may be prejudiced thereby.
(d) a vacancy occurs for any reason whatsoever.
An individual shall be deemed to have a conflict of
interest if he is so situated as to be materially influenced In any of these cases, the court, upon motion or motu
in the exercise of his judgment for or against any party proprio, and for good cause shown, may set another
to the proceedings. Without limiting the generality of date or hearing for the election of the liquidator. Any
the foregoing, an individual shall be deemed to have a person appointed by the court to administer the debtor
conflict of interest if: as a rehabilitation receiver prior to the commencement
of the liquidation may subsequently be appointed as its
(a) he is a creditor, owner, partner or stockholder of the liquidator.
debtor;
SECTION 11. Oath and Bond of the Liquidator. — Prior to
(b) he is a creditor, owner, partner or stockholder of a assuming his office, the liquidator shall take an oath
creditor of the debtor; and file a bond, in such amount to be fixed by the
(c) he is engaged in a line of business which competes court, conditioned upon the proper and faithful
with that of the debtor; discharge of his powers, duties and responsibilities.
(d) he is, or was, within five (5) years from the filing of SECTION 12. Powers, Duties and Responsibilities of the
the petition or motion for conversion, a director, officer, Liquidator. — The liquidator shall be deemed an officer
owner, partner or employee of the debtor or any of the of the court with the principal duty of preserving and
maximizing the value and recovering the assets of the


debtor, with the end in view of liquidating them and also submit such reports as may be required by the
discharging to the extent possible all the claims against court from time to time as well as a final report at the
the debtor. The powers, duties and responsibilities of end of the liquidation proceedings.
the liquidator shall include, but not be limited to, the SECTION 16. Discharge of Liquidator. — Upon the filing
following: of his final report, and in preparation for the final
(a) to sue and recover all the assets, debts and claims, settlement of all the claims against the debtor, the
belonging or due to the debtor; liquidator will notify all the creditors, either by
(b) to take possession of all the property of the debtor, publication in a newspaper of general circulation or
except property exempt by law from execution; such other mode as the court may direct or allow, that
he will apply with the court for the settlement of his
(c) to sell, with the approval of the court, any property of account and his discharge from liability as liquidator.
the debtor under his possession or control; The liquidator will file a final accounting with the court,
(d) to redeem all mortgages and pledges, and satisfy with proof of notice to all creditors. The accounting will
any judgment which may constitute an encumbrance be set for hearing. If the court finds the same in order,
on any property sold by him; the court will discharge the liquidator.
(e) to settle all accounts between the debtor and his SECTION 17. Registry of Claims. — Within twenty (20)
creditors, subject to the approval of the court; days from his assumption into office, the liquidator
shall submit to the court a preliminary registry of claims
(f) to recover any property, or its value, fraudulently of secured and unsecured creditors indicating, among
conveyed by the debtor; others, the amount and nature of each claim, the
(g) to recommend to the court the creation of a documentary or other basis for each claim, and a
creditors' committee which will assist him in the description of the nature and location of every security
discharge of his functions and which shall be vested or lien, if any. Secured creditors who have waived their
with powers as the court deems just, reasonable and rights under their security or lien, or have fixed the
necessary; and value of the property subject of their security or lien by
agreement with the liquidator and are admitted as
(h) upon approval of the court, to engage the services of creditors for the balance, shall be considered as
persons with specialized skills or training as may be unsecured creditors. The liquidator shall make the
necessary and reasonable to assist him in the discharge registry available for public inspection, give notice to all
of his duties. Such persons or professionals shall be the creditors and other interested parties that the
deemed employees or independent contractors of the registry is available for inspection and copying, and
liquidator and shall possess the same qualifications as publish said notice in a newspaper of general
the liquidator. circulation in the province or city where the debtor's
In addition to the rights and duties of a rehabilitation principal office is located.
receiver under Section 31, Chapter II (C) of the FRIA,
insofar as they are applicable to liquidation
proceedings, the liquidator, shall have the right and
D. Determination of Claims
duty to take all reasonable steps to manage and SECTION 18. Right of Set-Off. — If the debtor and
dispose of the debtor's assets with a view towards creditor are mutually debtor and creditor of each other,
maximizing the proceeds therefrom, to pay creditors one debt shall be set off against the other and only the
and stockholders, and to terminate the debtor's legal balance, if any, shall be allowed in the liquidation
existence. proceedings.
SECTION 13. Removal of the Liquidator. — The SECTION 19. Opposition or Challenge to Claims. —
liquidator may be removed at any time by the court Within thirty (30) days from the expiration of the period
either motu proprio or upon motion by the debtor or for the filing of claims, a creditor, debtor, or other
any creditor or creditors on any of the following interested party may submit to the court an opposition
grounds: or challenge to any claim or claims, serving a certified
(a) he did not actually receive the highest number of copy on the liquidator and the creditor holding the
votes during the election for liquidator; challenged claim. Upon the expiration of the period, the
liquidator shall submit to the court the registry of
(b) incompetence, gross negligence, failure to perform claims containing the undisputed claims that have not
or exercise the proper degree of care in the been subject to challenge. Such claims shall become
performance of his duties and powers; final upon the filing of the register and may be
(c) lack of a particular or specialized competency subsequently set aside only on grounds of fraud,
required by the specific case; accident, mistake or excusable neglect.
(d) illegal acts or conduct in the performance of his SECTION 20. Submission of Disputed Claims to the
duties and powers; Court. — The liquidator shall resolve disputed claims
and submit his findings thereon to the court for final
(e) lack of any of the qualifications stated under Section approval. The liquidator may disallow claims, subject to
8 of this Rule or presence of any disqualification; final approval of the court.
(f) conflict of interest, unless, waived, expressly or
impliedly, by a party who may be prejudiced thereby; E. Avoidance Proceedings
(g) partiality or lack of independence; or SECTION 21. Rescission or Nullity of Certain
(h) any other ground analogous to the foregoing. Transactions. — Any transaction occurring prior to the
SECTION 14. Compensation of the Liquidator. — The issuance of the Liquidation Order or, in the case of
liquidator and the persons engaged or employed by conversion of rehabilitation proceedings to liquidation
him to assist in the discharge of his powers and duties proceedings, prior to the commencement date,
shall be entitled to such reasonable compensation as entered into by the debtor or involving its assets, may
may be determined by the court, after consultation be rescinded or declared null and void on the ground
with the creditors. that the same was executed with intent to defraud a
creditor or creditors or constitutes an undue preference
SECTION 15. Reporting Requirements. — The liquidator of creditors. The presumptions set forth in Section 58,
shall make and keep a record of all property received Chapter II of the FRIA shall apply.
and all disbursements made by him or under his
authority as liquidator. He shall render a quarterly SECTION 22. Actions for Rescission or Nullity. —
report thereof to the court, which report shall be made (a) The liquidator or, with his conformity, a creditor, may
available to all interested parties. The liquidator shall initiate and prosecute any action to rescind, or declare



null and void, any transaction described in the debtor and his creditors. With the approval of the court,
immediately preceding paragraph. If the liquidator unencumbered property of the debtor may also be
does not consent to the filing or prosecution of such conveyed to a creditor in satisfaction of his claim or part
action, any creditor may seek leave of the court to thereof. In all cases, the liquidator and the court shall
commence and prosecute said action. ensure that the manner of sale, transfer or disposition is
The court shall have five working (5) days to act on the in the best interest of the debtor and his creditors.
motion for leave to commence or prosecute an action. SECTION 27. Manner of Implementing the Liquidation
(b) If leave of court is granted under subsection (a) Plan. — The liquidator shall implement the Liquidation
hereof, the liquidator shall assign and transfer to the Plan as approved by the court in an order duly issued
creditor all rights, title and interest in the chose in therefor. Payments shall be made to creditors only in
action or subject matter of the proceeding, including accordance with the provisions of the Plan.
any document in support thereof. SECTION 28. Final Report of the Liquidator. — When all
(c) Any benefit derived from a proceeding taken the property of the debtor not exempt from execution
pursuant to subsection (a) hereof shall belong have been realized and their proceeds distributed to
exclusively to the creditor instituting the proceeding to the creditors in accordance with the Liquidation Plan,
the extent of his claim and the costs, and the surplus, if the liquidator shall submit his final report to the court,
any, shall belong to the estate. together with the final accounting of his administration
and a recommendation for the termination of the
(d) Where, before an order is made under subsection (a) proceedings, furnishing all the creditors and other
hereof, the liquidator signifies to the court his readiness interested parties with copies thereof.
to institute the proceeding for the benefit of the
creditors, the order shall fix the time within which he SECTION 29. Termination of Proceedings. — If, after
shall do so and, in that case the benefit derived from notice and hearing, the court is satisfied with the final
the proceedings, if instituted within the time limits so report, it shall issue an order approving the same and
fixed, shall belong to the estate. directing the removal of the name of the juridical
debtor from the register of legal entities of the SEC and
In any case, the liquidator shall make provisions for any other government agencies, or discharging the
action for rescission or nullity in the Liquidation Plan. individual debtor from his liabilities included in the
Liquidation Plan, as the case may be.
F. The Liquidation Plan In the same order discharging the individual debtor
SECTION 23. The Liquidation Plan. — Within three (3) from his liabilities, the court shall state that the
months from his assumption into office, the liquidator proceedings are terminated. However, in the case of a
shall submit a Liquidation Plan to the court. The juridical debtor registered with the SEC, the court shall
Liquidation Plan shall, as a minimum, enumerate all the issue an order terminating the proceedings only upon
assets of the debtor not exempt from execution, a list of receipt of evidence showing that the debtor has been
all creditors and their claims which have been duly removed from the registry of legal entities at the SEC.
proved as shown in the final registry of claims, and a SECTION 30. Liquidation of a Securities Market
proposed mode and schedule of liquidation of the Participant. — The foregoing provisions shall be
assets and payment of the claims. The Liquidation Plan without prejudice to the power of a regulatory agency
shall make provisions for, among others, disputed or self-regulatory organization to liquidate trade-related
claims and any action for rescission or nullity of certain claims of clients or customers of a securities market
transactions. participant which, for purposes of investor protection,
SECTION 24. Exempt Property to be Set Apart. — Upon are hereby deemed to have absolute priority over other
motion, and after notice and hearing, the court shall set claims of whatever nature or kind insofar as
apart property of the individual debtor exempt from trade-related assets are concerned.
execution. The motion shall be heard and granted only For purposes of this section, trade-related assets
after it is shown that the clerk of court has posted or include cash, securities, trading right, and other assets
caused notice of the motion and hearing in at least owned and used by the securities market participant in
three (3) public places in the province or city where the the ordinary course of its business.
court exercises jurisdiction at least ten (10) days prior to
the time of such hearing, which notice shall set forth
the name of the debtor, and the time and place RULE 5 Procedural Remedies
appointed for the hearing of such motion, and shall SECTION 1. Motion for Reconsideration in Suspension of
briefly indicate the homestead sought to be exempted Payments Proceedings. — A party may file a motion for
or the property sought to be set aside. reconsideration of a Suspension of Payments Order, or
SECTION 25. Concurrence and Preference of Credits. — any order issued by the court prior to its order
The Liquidation Plan and its implementation shall confirming or disapproving the proposed agreement
ensure that the concurrence and preference of credits mentioned in Section 9, Rule 3 (A) of these Rules. No
as enumerated in the Civil Code of the Philippines, and relief can be extended to the party aggrieved by the
other relevant laws, shall be observed, unless a court's order on the motion through a special civil
preferred creditor voluntarily waives his preferred right. action for certiorari under Rule 65 of the Rules of Court.
For purposes of this Rule, credits for services rendered SECTION 2. Review of Decision or Order in Suspension
by employees or laborers to the debtor shall enjoy first of Payments Proceedings. — The court's dismissal of
preference under Article 2244 of the Civil Code, unless the petition for suspension of payments on the ground
the claims constitute legal liens under Articles 2241 and of insufficiency in form and substance resulting in the
2242 thereof. non-issuance of a Suspension of Payments Order, and
SECTION 26. Sale of Assets in Liquidation. — With the its order confirming or disapproving the proposed
approval of the court, the liquidator may sell, transfer or agreement mentioned in Section 9, Rule 3 (A) of these
otherwise dispose of the unencumbered assets of the Rules can only be reviewed through a petition for
debtor and convert the same into money. The sale, certiorari to the Court of Appeals under Rule 65 of the
transfer or disposition shall be made at public auction. Rules of Court within fifteen (15) days from notice of the
However, a private sale, transfer or disposition may be decision or order.
allowed with the approval of the court if (a) the goods SECTION 3. Motion for Reconsideration in Liquidation
to be sold are of a perishable nature, or are liable to Proceedings. — A party may file a motion for
quickly deteriorate in value, or are disproportionately reconsideration of any order issued by the court prior to
expensive to keep or maintain; or (b) the private sale, the issuance of the Liquidation Order. No relief can be
transfer or disposition is for the best interest of the extended to the party aggrieved by the court's order on



the motion through a special civil action for certiorari the crime was committed.3
under Rule 65 of the Rules of Court. SEC. 5. Information. - An information is the accusation
SECTION 4. Review of Decision or Order in Liquidation in writing charging a person with an offense,
Proceedings. — The Liquidation Order, and the order subscribed by the prosecutor, and filed with the court.
approving or disapproving the Liquidation Plan under The information need not be placed under oath by the
Section 27, Rule 4 (F) of these Rules can only be prosecutor signing the same. The prosecutor must,
reviewed through a petition for certiorari to the Court of however, certify under oath that -
Appeals under Rule 65 of the Rules of Court within a) he has examined the complainant and his
fifteen (15) days from notice of the decision or order. witnesses;
b) there is reasonable ground to believe that a
RULE 6 Effectivity crime has been committed and that the
accused is probably guilty thereof;
SECTION 1. Effectivity. — These Rules shall take effect
fifteen (15) days after their complete publication in the c) the accused was informed of the
Official Gazette or in at least two (2) newspapers of complaint and of the evidence submitted
national circulation in the Philippines. against him; and
d) the accused was given an opportunity to
submit controverting evidence.4
Rules on Procedure in the Investigation, SEC. 6. Sufficiency of complaint or information. - A
Prosecution and Trial of Criminal Cases complaint or information shall be considered sufficient
if it states -

a) the name of the accused;
PART I P O b) the designation of the offense committed;
SEC. 1 Criminal action. - A criminal action is one by c) the act or omission complained of;
which the state prosecutes a person for an act or d) the name of the offended party;
omission punishable by law.1 e) the approximate time of the commission of
SEC. 2. How and where commenced. - A criminal action the offense; and
is commenced by the filing of a complaint with the f) the place where the offense was
City/Provincial Prosecution Office or with the Municipal committed.5
Trial Court or Municipal Circuit Trial Court. However, a
criminal action for an offense committed within Metro SEC. 7. Other essential matters to be alleged in
Manila, may be commenced only by the filing of the complaint or information. -The following shall also be
complaint with the Prosecutor's Office. alleged in a complaint or information:
SEC. 3. Complaint. - A complaint is a sworn written a) every essential element of the offense;
statement charging a person with an offense and b) the criminal intent of the accused and its
subscribed by the offended party, any peace officer or relation to the act or omission complained
public officer charged with the enforcement of the law of;
violated.2
c) all qualifying and generic aggravating
To discourage the filing of harassment charges, the circumstances which are integral pans of
prosecutor shall warn the complainant that any false the offense;
statement in the complaint may give rise to a finding of
a prima facie case for perjury before the same office. d) all matters that are essential to the
constitution of the offense, such as the
SEC. 4. Offended party, defined. - The offended party is ownership and/or value of the property
the person against whom or against whose property robbed or destroyed; the particular
knowledge to establish culpable intent; or
the particular intention that characterizes
1
Sec. 3 (b), Rule 1, 1997 Rules of Civil Procedure. the offense;
2
Sec. 3, Rule 110, Rules on Criminal Procedure; Example of public e) age of the minor accused, and whenever
officer charged with the enforcement of the law violated: Bureau of applicable, the fact that he acted with
Customs officials for violation of the customs law; Bureau of Forest discernment; and
Development officials for violation of forestry laws; chief of police of a f) age of the minor complainant, when age is
municipality for violation of a municipal ordinance which constitutes a material.
criminal offense. SEC. 8. Additional contents of a complaint - In addition
The sworn complaint referred to usually refers to a complaint filed in to the matters listed above, a complaint or information
court and not in the prosecutor's office. It is not necessary to file a shall contain a certification that the recitals therein are
sworn complaint with the prosecutor before the latter can conduct a true and correct and not in the nature of a
preliminary investigation. A mere unsworn letter suffices to start an countercharge to avoid conflict in the appreciation of
the facts and evidence.
investigation, except if the offense charged is one which cannot be
prosecuted de oficio or is private in nature i.e., where the law SEC. 9. Name of accused. - The complaint or
requires that it be started by a complaint sworn to by the offended information shall state the name and surname of the
accused, if known, or any appellation or nickname by
party. which he -has been or is known. If his name is not
In a case involving a private offense, the phrase "complaint filed by known, the accused shall be mentioned under a
the offended party" as used in Section 5, Rule 110 should be given a fictitious name such as "John Doe'1 or "Jane Doe."
liberal or loose interpretation, meaning a "charge, allegation, SEC. 10. Designation of offense. - To properly inform the
grievance or accusation" rather than a strict construction for often accused of the nature and cause of the accusation
than not the offended party who files it is unschooled in law The against him, the complaint or information shall state,
purpose of the complaint in Section 5, Rule 110, is merely to initiate
or commence the prosecution of the accused. Thus, the
3
"Sinumpaang Salaysay" of the victim of a private offense is already Sec. 12, par. 1, Rules on Criminal Procedure
4
deemed a complaint" required in the aforesaid Sec. 5. (People vs. Sec. 4, Rule 112, ibid.
5
Sangil, 208 SCRA 696 [1992]). Sec. 6, Rule 110, ibid.



whenever possible, - SEC. 18. Amendment of information or complaint. - An
a) the designation given to the offense by the statute; information or complaint may be amended before the
accused pleads, after the accused has pleaded, and
b) the statement of the act or omission constituting during the trial.
the same, and if there is no such designation,
reference shall be made to the section or Before plea, amendment of the information or
subsection of the law punishing it.6 complaint, in substance or form, is a matter of right.
SEC. 11. Cause of accusation. - The act or omission After plea and during trial, amendment may be made
complained of as constituting the offense shall be only with leave of court and only as to matters of form
stated in an ordinary and concise language without wherein the same can be done without prejudice to the
repetition. The statement need not use the terms of the rights of the accused.
statute defining the offense so long as a person of At any time before judgment, if there has been a
common understanding is able to know what offense mistake in charging the proper offense, the court shall
was intended to be charged and to enable the court to dismiss the original complaint or information upon the
pronounce proper judgment.7 filing of a new one charging the proper offense in
SEC. 12. Place of the commission of offense. - The accordance with Rule 119, Section 11,12 provided the
complaint or information is sufficient if it states that the accused would not be placed thereby in double
crime charged was committed or some of the jeopardy. The court may also require the witnesses to
ingredients thereof occurred at some place within the give bail for their appearance at the trial. 13
jurisdiction of the court, unless the particular place in SEC. 19. Mistake in form and substance. - A mistake in
which the crime was committed is an essential element form refers to clerical errors, matters which are not
of the crime e.g. in a prosecution for violation of the essential to the charge, and those which will not
provision of the Election Code which punishes the mislead or prejudice the accused as when a defense
carrying of a deadly weapon in a polling place, or if it is under the original information can be used after the
necessary to identify the offense charged e.g., the amendment is made and any evidence that the
domicile in the offense of "violation of domicile." 8 accused may have would be equally applicable to the
SEC. 13. Time of commission of offense. - The precise one form as in the other.
time of the commission of the offense shall be stated in A mistake in substance is any omission or
the complaint or information if time is a material misstatement which prevents an information from
ingredient of the offense e.g. ,treason, infanticide. showing on its face that an offense has been
Otherwise, it is sufficient that it be alleged that the committed, or from showing what offense is intended
offense was committed at any time as near to the to be charged.14
actual date at which the offense was committed.9 SEC. 20. How Period of Prescription Computed and
SEC. 14. Title of complaint or information. - The title of Interrupted. - For an offense penalized under the
the complaint or information shall be in the name of Revised Penal Code, the period of prescription
the "People of the Philippines" as Plaintiff against all commences to run from the day on which the crime is
persons who appear to be responsible for the offense discovered by the offended party, the authorities, or
involved.10 their agents, and shall be interrupted:
SEC. 15. Contents of caption of an information. - The a) by the filing of the complaint with the Office of the
caption of an information shall, in addition to the name City/Provincial Prosecutor;15 or wit the Office of the
of the Plaintiff, indicate the following: Ombudsman;16 or
a) the complete names i.e., given name, maternal b) by the filing of the complaint or information with
name, surname, and addresses, of all the accused. the court even if it is merely for purposes of
In the case of accused minors, their age shall be preliminary examination or investigation, or even if
indicated in the caption; the court where the complaint or information is
b) the case number; and filed cannot try the case on its merits.17
c) the offense charged. The denomination of the However, for an offense covered by the Rules on
offense and the specific law and provision violated Summary Procedure, the period of prescription is
shall be specified. interrupted only by the filing of the complaint or
information in court.18
SEC. 16. List of prosecution witnesses. - The information
shall contain the complete names and addresses of all The prescription of an offense filed before the
identified witnesses for the prosecution. In cases for Prosecutor or Ombudsman shall commence to run
violation of B. P. Blg. 22 and estafa cases, the list of again when such proceedings terminate; while the
witnesses shall include the complainant, the bank prescription of an offense filed in court starts to run
representative with specific reference to the check and again when the proceedings terminate without the
account numbers involved and in the proper cases, the accused being convicted or acquitted or are
company auditor; and in physical injuries cases, the
attending physician with specific reference to the for the most serious crime shall be imposed, the same to be applied
medical report and date of the incident. in its maximum period". (An. 48, Revised Penal Code).
12
SEC. 17. Number of offenses charged. - A complaint or "when mistake has teen made in charging the proper offense. -
information shall charge only one offense so as not to When it becomes manifest at any time before judgment, that a
confuse the accused in his defense, except in those mistake has been made in charging the proper offense, and the
cases in which existing laws prescribe a single accused cannot be convicted of the offense charged, or of any
punishment for various offenses, e.g., complex crimes offense necessarily included therein, the accused shall not be
under Article 48 of the Revised Penal Code.11
discharged, if there appears to be good cause to detain him. In such
case, the court shall commit the accused to answer for the proper
6
Sec. 8, ibid. offense and dismiss the original case upon the filing of the proper
7
Sec. 9, ibid. information."
8 13
Sec. 10, ibid. Sec. 14, Rule 110, ibid.
9 14
9.Sec. 11, ibid. Sec. 2, ibid. 42 C.J.S.,Sec. 240 at pp.1249-1250.
10 15
Sec. 2, ibid. Sec. 1, par. 2, Rule 110, Rules on Criminal Procedure.
11 16
Sec. 13, ibid; " Penalty for complex crimes. - When a single act Llenes vs. Dicdican, 260 SCRA 207 (1996).
17
constitutes two or more grave or less grave felonies, or when an Ibid.
18
offense is a necessary means for committing the other, the penalty Ibid.



unjustifiably stopped for any reason not imputable to sworn to before him by the arresting officer and the
the accused.19 affiants.
For violation of a special law or ordinance, the period of The inquest proceedings must be terminated within
prescription shall commence to run from the day of the the period prescribed under the provisions of Article 125
commission of the violation, and if the same is not of the Revised Penal Code, as amended.24
known at the time, from the discovery and the SEC. 4. Documents required in specific cases. - The
institution of judicial proceedings for its investigation Inquest Officer shall, as far as practicable, require the
and punishment. The prescription shall be interrupted submission/presentation of the documents listed
only by the filing of the complaint or information in below, to wit:
court and shall begin to run again if the proceedings
are dismissed for reasons not constituting double Murder, Homicide and Parricide
jeopardy.20 a) certified true/machine copy of the certificate of
For cases falling within the jurisdiction of the death of the victim; and
Katarungang Pambarangay, the period of prescription b) necropsy report and the certificate of
is likewise interrupted by the filing of the complaint post-mortem examination, if readily available.
with the punong barangay; but shall resume to run
again upon receipt by the complainant of the Frustrated or Attempted Homicide, Murder, Parricide
certificate of repudiation or of the certification to file and Physical Injuries
action issued by the lupon or pangkat secretary; a) medical certificate of the complaining witness
Provided, however, That such interruption shall not showing the nature or extent of the injury;
exceed sixty (60) days from the filing of the complaint
with the punong barangay.21 b) certification or statement as to duration of the
treatment or medical attendance; and
Prescription shall not run when the offender is absent
from the country.22 c) certificate or statement as to duration of
incapacity for work.
In cases where the imposable penalty is imprisonment
and/or a fine, the greater penalty shall be the basis for Violation of the Dangerous Drugs Law (R.A. No.6425, as
the computation of prescription. amended)
a) chemistry report or certificate of laboratory
PART II INQUEST 23 examination duly signed by the forensic
chemist or other duly authorized officer. If the
SECTION 1. Concept. - Inquest is an informal and foregoing documents are not available, the
summary investigation conducted by a public Inquest Officer may temporarily rely on the
prosecutor in criminal cases involving persons arrested field test results on the seized drug, as attested
and detained without the benefit of a warrant of arrest to by a PNP Narcotics Command operative or
issued by the court for the purpose of determining other competent person, in which event, the
whether or not said persons should remain under Inquest Officer shall direct the arresting officer
custody and correspondingly be charged in court. to immediately forward the seized drug to the
crime laboratory for expert testing and to
SEC. 2. Designation of In quest Officer. – The City or submit to the prosecutor's office the final
Provincial Prosecutor shall designate the Prosecutors forensic chemistry report within five (5) days
assigned to inquest duties and shall furnish the from the date of the inquest;
Philippine National Police (PNP) a list of their names
and their schedule of assignments. If, however, there is b) machine copy or photograph of the buy-bust
only one Prosecutor in the area, all inquest eases shall money; and
be referred to him for appropriate action. c) affidavit of the poseur-buyer, if any.
Unless otherwise directed by the City or Provincial Theft and Robbery, Violation of the Anti-Piracy and
Prosecutor, those assigned to inquest duties shall Anti-Highway Robbery Law (P.D. No.532) and Violation
discharge their functions during the hours of their of the Anti-Fencing Law (P.D. No.1612)
designated assignments and only at the police
stations/headquarters of the PNP in order to expedite a) a list/inventory of the articles and items subject
and facilitate the disposition of inquest eases. of the offense; and b) statement of their
respective values.
SEC. 3. Commencement and termination of inquest.-
The inquest proceedings shall be considered Rape, Seduction and Forcible Abduction with Rape
commenced upon receipt by the Inquest Officer from a) the medico-legal report (living case report), if
the law enforcement authorities of the the victim submitted herself for medical or
complaint/referral documents which should include: physical examination.
a) the affidavit of arrest; Violation of the Anti-Carnapping Law (R.A. No.6539)
b) the investigation report; a) machine copy of the certificate of motor vehicle
c) the statement of the complainant and witnesses; registration;
and b) machine copy of the current official receipt of
d) other supporting evidence gathered by the police payment of the registration fees of the subject
in the course of the latter's investigation of the motor vehicle; and
criminal incident involving the arrested or detained c) other evidence of ownership.
person.
Violation of the Anti-Cattle Rustling Law (P.D. No.533)
The Inquest Officer shall, as far as practicable, cause the
affidavit of arrest and statements/affidavits of the a) machine copy of the cattle certificate of
complainant and the witnesses to be subscribed and registration; and
b) photograph of the cattle, if readily available.
Violation of Illegal Gambling Law (P.D. No.1602)
20
Sec. 2, Act No.3326, as amended. a) gambling paraphernalia; and
21
Sec. 40 par.,Local Govt. Code.
22 24
Art. 91, par. 2, Revised Penal Code. 12 Hours for light offenses; 18 hours for less grave offenses; and
23
Department of Justice Circular No.61 dated 21 December 36 hours for grave offenses.
1993.



b) cash money, if any. a) when, in the presence of the arresting officer,
Illegal Possession of Explosives (P.D. No.1866) the person to be arrested has committed, is
actually committing, or is attempting to
a) chemistry report duly signed by the forensic commit an offense; or
chemist; and
b) when an offense has in fact just been
b) photograph of the explosives, if readily committed, and the arresting officer has
available. personal knowledge of facts indicating that the
Violation of the Fisheries Law (P.9. No.704) person to be arrested has committed it.
a) photograph of the confiscated fish, if readily For this purpose, the Inquest Officer may summarily
available; and examine the arresting officers on the circumstances
surrounding the arrest or apprehension of the detained
b) certification of the Bureau of Fisheries and person.
Aquatic Resources.
SEC. 9. where arrest not properly effected. - Should the
Violation of the Forestry Law (P.9. No.705) Inquest Officer find that the arrest was not made in
a) scale sheets containing the volume and species accordance with the Rules, he shall;
of the forest products confiscated, number of a) recommend the release of the person arrested
pieces and other important details such as or detained;
estimated value of the products confiscated;
b) note down the disposition on the referral
b) certification of Department of Environment document;
and Natural Resources/Bureau of Forest
Management; and c) prepare a brief memorandum indicating the
reasons for the action taken; and
c) seizure receipt.
d) forward the same, together with the record of
The submission of the foregoing documents shall not the case, to the City or Provincial Prosecutor for
be absolutely required if there are other forms of appropriate action.
evidence submitted which will sufficiently establish the
facts sought to be proved by the foregoing documents. Where the recommendation for the release of the
detained person is approved by the City or Provincial
SEC. 5. Incomplete documents. - When the documents Prosecutor but the evidence on hand warrants the
presented are not complete to establish probable conduct of a regular preliminary investigation, the
cause, the Inquest Officer shall direct the law order of release shall be served on the officer having
enforcement agency to submit the required evidence custody of said detainee and shall direct the said officer
within the period prescribed under the provisions of to serve upon the detainee the subpoena or notice of
Article 125 of the Revised Penal Code, as amended.25 preliminary investigation, together with the copies of
Otherwise, the Inquest Officer shall order the release of the charge sheet or complaint, affidavits or sworn
the detained person26 and, where the inquest is statements of the complainant and his witnesses and
conducted outside of office hours, direct the law other supporting evidence.28
enforcement agency concerned to file the case with
the City or Provincial Prosecutor for appropriate action. SEC. 10. where arrest properly effected. - Should the
inquest Officer find that the arrest was properly
SEC. 6. Presence of detained person. - The presence of effected, the detained person shall be asked if he
the detained person who is under custody shall be desires to avail himself of a preliminary investigation
ensured during the proceedings. and, if he does, he shall be made to execute a waiver of
However, the production of the detained person before the provisions of Article 125 of the Revised Penal Code,
the Inquest Officer may be dispensed with in the as amended29, with the assistance of a lawyer and, in
following cases: case of non-availability of a lawyer, a responsible person
of his choice.30 The preliminary investigation may be
a) if he is confined in a hospital; conducted by the Inquest Officer himself or by any
b) if he is detained in a place under maximum other Assistant Prosecutor to whom the case may be
security; assigned by the City or Provincial Prosecutor, which
c) if production of the detained person will involve investigation shall be terminated within fifteen (15) days
security risks; or from its inception.
d) if the presence of the detained person is not SEC. 11. Inquest preliminary investigation Inquest
feasible by reason of age, health, sex and other Officer shall statements/affidavits of evidence
similar factors. submitted to him. proper.- Where the detained person
does not opt for or otherwise refuses to execute the
The absence of the detained person by reason of any of required waiver, the proceed with the inquest by
the foregoing factors shall be noted by the Inquest examining the sworn the complainant and the
Officer and reflected in the record of the case. witnesses and other supporting
SEC. 7. Charges and counter-charges.- All charges and If necessary, the Inquest Officer shall require the
counter-charges arising from the same incident shall, presence of the complaining witnesses and subject
as far as practicable, be consolidated and inquested them to an informal and summary investigation or
jointly to avoid contradictory or inconsistent examination for purposes of determining the existence
dispositions. of probable cause.
SEC. 8. Initial duty of Inquest Officer. - The Inquest SEC. 12. Meaning of probable cause.- Probable cause
Officer shall first determine if the arrest of the detained exists when the evidence submitted to the Inquest
person was made in accordance with paragraphs (a) Officer engenders a well-founded belief that a crime
and (b) of Section 5, Rule 113 of the 1985 Rules on
Criminal Procedure, as amended, which provide that
arrests without a warrant may be effected:27 [1988].
28
See NPS Form No.2.
29
See NPS Form No.3.
25 30
NPS Form No.1. Such responsible person may be a parent, elder brother or sister,
26
NPS Form No.2. spouse, the municipal mayor, the municipal judge, district school
27
Go vs. Court of Appeals, 206 SCRA 138 [1992]; Umil, et.al. vs. supervisor, or priest/minister of the gospel as chosen by him (Sec. 2
Ramos, 202 SCRA 251 [1991] and companion cases People vs. (d) RA 7438, An Act Defining Rights of Person Arrested, Detained or
Malmstedt, 198 SCRA 401 and People vs. Aminudin, 163 SCRA 402 under Custodial Investigation)



has been committed and that the arrested Or detained of discovery of the dead person;

person is probably guilty thereof. b) cause an immediate autopsy to be conducted
SEC. 13. Presence of probable cause.- If the Inquest by the appropriate medico-legal officer in the
Officer finds that probable cause exists, he shall locality or the PNP medico-legal division or the
forthwith prepare the corresponding NBI medico-legal office, as the case may be;
complaint/information with the recommendation that c) direct the police investigator to cause the
the same be filed in court. The complaint/information taking of photographs of the crime scene or
shall indicate the offense committed and the amount place of discovery of the dead body;
of bail recommended, if bailable.
d) supervise the investigation to be conducted by
Thereafter, the record of the case, together with the the police authorities as well as the recovery of
prepared complaint/information, shall be forwarded to all articles and pieces of evidence found thereat
the City or Provincial Prosecutor for appropriate action. and see to it that the same are safeguarded
The complaint/information may be filed by the Inquest and the chain of the custody thereof properly
Officer himself or by any other Assistant Prosecutor to recorded; and
whom the case may be assigned by the City or e) submit a written report of his finding to the City
Provincial Prosecutor. or Provincial Prosecutor for appropriate action.
SEC. 14. Contents of Information.- The information shall, SEC. 17. Sandiganbayan cases.- Should any complaint
among others, contain: cognizable by the Sandiganbayan be referred to an
a) a certification by the filing Prosecutor that he is Inquest Officer for investigation, the latter shall, after
filing the same in accordance with the conducting the corresponding inquest proceeding,
provisions of Section 7, Rule 112, Rules on forthwith forward the complete record to the City or
Criminal Procedure, in cases cognizable by the Provincial Prosecutor for appropriate action.
Regional Trial Court;31 SEC. 18. Recovered articles.- The Inquest Officer shall
b) the full name and aliases, if any, and address of see to it that all articles recovered by the police at the
the accused; time of the arrest or apprehension of the detained
c) the place where the accused is actually person are physically inventoried, checked and
detained; accounted for with the issuance of corresponding
receipts by the police officer/investigator concerned.
d) the full names and addresses of the
complainant and witnesses; The said articles must be properly deposited with the
police evidence custodian and not with the police
e) a detailed description of the recovered items, if investigator.
any;
The Inquest Officer shall ensure that the items
f) the full name and address of the evidence recovered are duly safeguarded and the chain of
custodian; custody is properly recorded.
g) the age and date of birth of the complainant or SEC. 19. Release of recovered articles.- The Inquest
the accused, if eighteen (18) years of age or Officer shall, with the prior approval of the City or
below; and Provincial Prosecutor or his duly authorized
h) the full names and addresses of the parents, representative, order the release33 of recovered articles
custodians or guardians of the minor to their lawful owner or possessor, subject to the
complainant or accused, as the case may be. conditions that:
SEC. 15. Absence of probable cause.- If the Inquest a) there is a written request for their release;34
Officer finds no probable cause, he shall: b) the person requesting the release of said
a) recommend the release of the arrested or articles is shown to be the lawful owner or
detained person;32 possessor thereof;
b) note down his disposition on the referral c) the requesting party undertakes under oath to
document; produce said articles before the court when so
required;
c) prepare a brief memorandum indicating the
reasons for the action taken; and d) the requesting party, if he is a material witness
to the case, affirms or reaffirms his statement
d) forthwith forward the record of the case to the concerning the case and undertakes under
City or Provincial Prosecutor for appropriate oath to appear and testify before the court
action. when so required;
If the recommendation of the Inquest Officer for the e) the said articles are not the instruments, or
release of the arrested or detained person is approved, tools in the commission of the offense charged
the order of release shall be served on the officer nor the proceeds thereof; and
having custody of the said detainee.
f) photographs of said articles are first taken and
Should the City or Provincial Prosecutor disapprove the duly certified to by the police evidence
recommendation of release, the arrested or detained custodian as accurately representing the
person shall remain under custody, and the evidence in his custody.
corresponding complaint/information shall be filed by
the City or Provincial Prosecutor or by any Assistant
Prosecutor to whom the case may be assigned. PART III PRELIMINARY INVESTIGATION
SEC. 16. Presence at crime scene. - Whenever a dead SECTION 1. Concept of preliminary investigation - A
body is found and there is reason to believe that the preliminary investigation is an inquiry or proceeding to
death resulted from foul play, or from the unlawful acts determine whether there is sufficient ground to
or omissions of other persons and such fact has been engender a well founded belief that a crime cognizable
brought to his attention, the Inquest Officer shall: by the Regional Trial Court has been committed and
a) forthwith proceed to the crime scene or place that the respondent is probably guilty thereof and
31
NPS Form No.2.
32 33
NPS Form No.4. See NPS Form No.5.
34
See NPS Form No.6.



should be held for trial.35 c) upon request of a person arrested or detained
A preliminary investigation is essentially a judicial pursuant to a warrantless arrest who executes a
inquiry since there is the opportunity to be heard, the waiver of the provisions of Article 125 of the
production and weighing of evidence, and a decision Revised Penal Code, as amended;
rendered on the basis of such evidence. In this sense, d) by order or upon directive of the court or other
the investigating prosecutor is a quasi-judicial officer.36 competent authority; or
SEC. 2. Purpose of preliminary investigation. - A e) for election offenses, upon the initiative of the
preliminary investigation is intended: Commission on Elections, or upon written
a) to secure the innocent against hasty, malicious complaint by any citizen, candidate, registered
and oppressive prosecution and to protect him political party, coalition of registered parties or
from an open and public accusation of a crime organizations under the party-list system or any
and from the trouble, expense and anxiety of a accredited citizen arm of the Commission on
public trial;37 and Elections.43
b) to protect the State from having to conduct SEC. 8. Complaint. - For purposes of preliminary
useless and expensive trials.38 investigation, the complaint filed with the prosecutor's
office shall, as far as practicable, be accompanied or
SEC. 3. Nature of preliminary investigation. - The covered by an Information Sheet and shall state, among
conduct of a preliminary investigation is a substantive others -
right which the accused may invoke prior to or at least
at the time of plea, the deprivation of which would be a a) the full and complete names and exact home,
denial of his right to due process. office or postal addresses of the complainant
and his witnesses;
SEC. 4. Effect of amendment of information. - In case an
information is amended, a new preliminary b) The full and complete name and exact home,
investigation shall be conducted if the amended office or postal address of the respondent;
charge is not related to the crime originally charged; if c) The offense charged and the place and exact
there is a change in the nature of the crime charged; or date and time of its commission; and
if the information on its face is null and void for lack of d) Whether or not there exists a related case and,
authority to file the same. if so, the docket number of said case and the
SEC. 5. where right of preliminary investigation may he name of the Investigating Prosecutor thereof.
invoked. - The right to a preliminary investigation may SEC. 9. Supporting affidavits.- The complaint shall be
be invoked only in cases cognizable by the Regional accompanied by the affidavits of the complainant and
Trial Court. The right is not available in cases triable by his witnesses, as well as other supporting proofs or
inferior courts. documents, if any. The affidavits shall be sworn to
SEC. 6. Officers Authorized to Conduct Preliminary before a Provincial, City or State Prosecutor, or other
Investigation. - The following may conduct a government official authorized to administer oaths or,
preliminary investigation;39 in their absence or unavailability, a notary public, who
a) Provincial or City Prosecutors and their must certify that he personally examined the affiants
assistants; and that he is satisfied that they voluntarily executed
and understood their affidavits.44
b) Judges of Municipal Trial Courts and Municipal
Circuit Trial Courts; When the preliminary investigation is commenced by
referral from or upon request of the law enforcement
c) National and Regional State Prosecutors; and agency that investigated the incident, the affidavits of
d) Other officers as may be authorized by law.40 the complainant and his witnesses to be submitted by
the said agency shall consist of the original or duplicate
Their authority to conduct preliminary investigation original or certified machine copies thereof.
shall include all crimes cognizable by the proper court
in their respective territorial jurisdiction.41 SEC. 10. Number of copies of affidavits. - The complaint
and supporting affidavits shall be in such number of
SEC. 7. Commencement of Preliminary Investigation.- A copies as there are respondents, plus four (4) copies for
preliminary investigation proceeding is commenced: the court/official file.
a) by the filing of a complaint by the offended Where a complaint charges multiple offenses which
party or any competent person42 directly with cannot be the subject of one indictment or information,
the Office of the Investigating Prosecutor or the complainant may be required to submit such
Judge; additional copies of the complaint and supporting
b) by referral from or upon request of the law affidavits as there are offenses charged in the
enforcement agency that investigated a complaint.
criminal incident; SEC. 11. Barangay certification . - If the offense charged
is punishable by imprisonment not exceeding one (1)
35
year or a fine not exceeding Five Thousand Pesos
Section 1, Rule 112, Rules on Criminal Procedure. (5,000.00) and the parties to the case are all residents of
36
Cruz, Jr. vs. People, 233 SCRA 439 [1994]. the same city or municipality, the complaint shall be
37
People vs. Poculan, 167 SCRA 176 [1988]; Rodis, Sr. vs. accompanied by the certification required under
Sandiganbayan, Second Division, 166 SCRA 618 [19881; Salonga Section 412 (a) of R.A. Act No.7160, "The Local
vs. Government Code of 1991.45
Pano, 134 SCRA 438 [1985]; Trocio vs. Manta, 118 SCRA 241 SEC. 12. Lack of barangay certification.- The absence of
[1982]; Sausi vs. Querubin, 62 SCRA 155 [1975]; and Hashim vs. a barangay certification shall not be a ground for the
Boncan, 71 Phil. 216 [1941]. dismissal of the complaint. The Investigating
38
Tandoc vs. Resultan, 175 SCRA 37 [1989]. Prosecutor shall, however, make the corresponding
39 referral of the complaint to the proper Lupong
Par. 1, Sec. 2, Rule 112, supra.
40
The Special Prosecution Officers and Graft Investigation Officers in
43
cases cognizable by the Office of the Ombudsman and the Sections 3 & 5, Rule 34, COMELEC Rules of Procedure.
44
COMELEC officials in cases involving violations of the Election Code, Sec. 3(a), Rule 112, Rules on Criminal Procedure.
PCGG Officers 45
See Appendix "0", List of Offenses cognizable by the Lupong
41
Par. 2, Section 2, Rule 112, supra. Tagapamayapa (Crimes Covered by the Katarungang
42
Ebarle vs. Sucaldito, 156 SCRA 803 [1987]. Pambarangay).



Tagapamayapa for appropriate action pursuant to the For the purposes specified in the first paragraph hereof,

provisions of Chapter 7, Book III of R.A. No.7160. In the Investigating Prosecutor shall not require the
connection therewith, the complainant may be appearance before him of the respondent or other
summoned for the purpose of delivering the referral to parties who are residing in distant places. In such cases,
the Chairman of the appropriate barangay and to the Investigating Prosecutor shall issue and send the
secure the necessary certification within thirty (30) subpoena, together with copies of the complaint,
days. supporting affidavit and other documents, by
In any of the following cases. the Investigating registered special delivery mail with return card.
Prosecutor shall proceed to take cognizance of the SEC. 16. Service of subpoena in preliminary
complaint for purposes of preliminary investigation46 investigation. - To expedite the conduct of a preliminary
even if there is no Barangay Certification: investigation, the following guidelines shall be observed
a) where the respondent is under detention; or in the service of subpoenas-
b) where the respondent has been deprived of a) Service of subpoena and all papers/documents
personal liberty calling for habeas corpus required to be attached thereto shall be b'~-
proceedings; or personal service by regular process servers. In
their absence, the cooperation of the Provincial
c) where the case may be barred by the Statute of City/Municipal Station Commanders of the
Limitations. Philippine National Police (PNP) may be
SEC. 13. Initial/ action on the Complaint.- Within ten (10) requested for the purpose.
days after the filing of the complaint, the Investigating b) Under other circumstances, where personal
Prosecutor shall either dismiss the same if he finds no service cannot be effected but the respondent
ground to continue with the inquiry, or issue a cannot be considered as incapable of being
subpoena to the respondent, attaching thereto a copy subpoenaed as when he continues to reside at
of the complaint together with the affidavits of his known address but the return states that he
witnesses and other supporting documents. 47 "has left his residence and his return is
SEC. 14. Dismissal of complaint. - The following, among uncertain" or words of similar import, service of
others, shall constitute sufficient basis for the outright subpoena and its attachments shall be effected
dismissal of a complaint: by registered mail with return card at
respondent's known home/office address. On
a) that the offense charged in the complaint was the face of the envelope shall be indicated
committed outside the territorial jurisdiction of
the Office of the Investigating Officer;48 i) the name and return address of the
sender and the Typewritten/printed
b) that, at the time of the filing of the complaint, phrase "First Notice Made
the offense charged therein had already on______________", thus instructing the
prescribed; postmaster/postal employee of the
c) that the complainant is not authorized under necessity of informing the sender of the
the provisions of pertinent laws to file the date the first notice was made on the
complaint; addressee; and
d) that the acts and/or omissions alleged in the ii) the typewritten/printed request: "If not
complaint and/or the supporting affidavits do claimed within five (5) days from first
not sufficiently show that a criminal offense or notice, please return to sender."
violation of a penal law has been committed; or c) Upon receipt of the unclaimed/returned
e) that the complaint and the supporting envelope, the Investigating Prosecutor may
affidavits are unsigned and/or have not been then proceed to resolve the complaint on the
duly subscribed and sworn to as prescribed basis of the evidence presented by the
under the Rules on Criminal Procedure. complainant.49
SEC. 15. Personal service of documents by investigating SEC. 17. Where Respondent cannot be subpoenaed - If a
prosecutor. -Whenever circumstances warrant and to respondent cannot be subpoenaed, as, for instance, he
prevent the loss of documents in the course of the transferred residence without leaving any forwarding
service of a subpoena through ordinary modes, the address, the Investigating Prosecutor shall base his
Investigating Prosecutor may require the respondent or resolution on the evidence presented by the
other parties to appear before him on a designated complainant.
date, time and place and then and there personally SEC. 18. Counter-Affidavits.- In cases where the
furnish them with copies of the complaint, supporting respondent is subpoenaed, he shall within ten (10) days
affidavits and other documents. from receipt of the complaint and other documents,
At the said or any other setting, the respondent shall submit his counter-affidavit and other supporting
have the right to examine all other evidence submitted documents which shall be sworn to and certified as
by the complainant. prescribed in the second sentence of par. 1 of Section 9
this Part, copies of which shall be furnished by the
Failure on the part of the respondent or his respondent to the complainant.50
counsel/representative to appear before the
Investigating Prosecutor to obtain copies of the Only a counter-affidavit subscribed and sworn to by the
complaint, supporting affidavits and other documents respondent before the Public Prosecutor can dispute or
despite receipt of notice or subpoena shall be put at issue the allegations in the complaint. A
considered a waiver or forfeiture of respondent’s right memorandum, manifestation or motion to dismiss
to be furnished copies of the complaint, supporting signed by the counsel cannot take the place of a
affidavits and other documents, as well as to examine counter-affidavit. Thus, a respondent relying on the
all other evidence submitted by the complainant. manifestation, memorandum or motion to dismiss of
his counsel is deemed to have not controverted
complainant's evidence. 51
47 49
Section 3(b), Rule 112, Rules of Criminal Procedure. Sec 3(d), Rule 112, Rules on Criminal Procedure; Department of
48
The resolution of dismissal should include a statement that the Justice Memorandum Circular No.25 dated 2 October
entire record of the case is being forwarded to the office having 1989.
50
jurisdiction over the same. Secs. 3(b) & (c), Rule 112, supra.
51
DOJ Resolution No.109, Series of 1990. (I. S. NO.89-243,



However, if such memorandum, manifestation or question is one the resolution of which is a logical
motion to dismiss is verified by the respondent himself, antecedent of the issue involved in a case and the
the same may be considered a counter-affidavit. cognizance of which pertains to another tribunal.53 It is
SEC. 19. Motion for dismissal of bill of particulars.-The based on a fact distinct and separate from the crime
filing of a motion for the dismissal of the complaint or charged but so intimately connected with it that it
for the submission of a bill of particulars shall not determines the guilt or innocence of the accused. To
suspend or interrupt the running of the period for the suspend the criminal action, it must not only appear
submission of counter-affidavits and other supporting that said case involves facts intimately related to those
documents. upon which the criminal prosecution would be based
but also that in the resolution of the issue or issues
All the grounds for the dismissal of the complaint, as raised in the civil case, the guilt or innocence of the
well as objections to the sufficiency thereof, shall be accused would necessarily be determined.54
alleged or incorporated in the counter-affidavit and
shall be resolved by the Investigating Prosecutor jointly SEC. 24. Elements of prejudicial question. - The
on the merits of the case. essential elements of a prejudicial question are:
The Investigating Prosecutor may grant a motion to a) the civil action involves an issue similar or
dismiss filed by a respondent who is yet to file or has intimately related to the issue raised in the
not filed his counter-affidavit if the said motion is criminal action;
verified and satisfactorily establishes, among others: b) the resolution of such issue determines
a) the circumstances specified in sub-paragraphs whether or not the criminal action may
(a), (b)9 (c) and (d) and (e) of Section 14 of this proceed ;55 and
Part; c) the cognizance of the said issue pertains to
b) the fact that the complaint, or one similar another tribunal.56
thereto or identical therewith, has previously SEC. 25. Issuance of orders of suspension of
been filed with the Office and has been fully proceedings.- No resolution or order suspending the
adjudicated upon on the merits after due preliminary investigation based on the existence of a
preliminary investigation proceedings; or prejudicial question shall be issued by the Investigating
c) the extinction of respondents criminal liability Prosecutor without the written approval of the
by reason of death, pardon, amnesty, repeal of Provincial/City Prosecutor concerned or his duly
the law under which prosecution is sought, or designated assistant.
other legal causes. SEC. 26. Reply-affidavits and rejoinders.- The
SEC. 20. Consolidation.- The following cases shall, as far Investigating Prosecutor shall not require or allow the
as practicable, be consolidated for preliminary filing or submission of reply-affidavits and/or rejoinders,
investigation purposes and assigned to and jointly except where new issues of fact or questions of law
heard by one Investigating Officer: which are material and substantial in nature are raised
or invoked in the counter-affidavit or subsequent
a) charges and counter-charges; pleadings and there exists a need for said issues or
b) cases arising from one and the same incident questions to be controverted or rebutted, clarified or
or transaction or series of incident or explained to enable the Investigating Prosecutor to
transactions; and arrive at a fair and judicious resolution of the case. In
such a case, the period for the submission of reply
c) cases involving common parties and founded affidavits or rejoinders shall in no case exceed five (5)
on factual and/or legal issues of the same or days unless a longer period is authorized by the
similar character. Provincial/City Prosecutor concerned.
SEC. 21. Extension of time. - No motion or request for SEC. 27. Clarificatory questions. - The Investigating
extension of time to submit counter-affidavits shall be Prosecutor may set a hearing to propound clarificatory
allowed or granted by the Investigating Prosecutor questions to the parties or their witnesses if he believes
except when the interest of justice demands that the that there are matters which need to be inquired into
respondent be given reasonable time or sufficient personally by him. In said hearing, the parties shall be
opportunity to: afforded the opportunity to be present but without the
a) engage the services of counsel to assist him in right to examine or cross-examine. If they so desire,
the preliminary investigation proceedings; they may submit written questions to the Investigating
Prosecutor who may propound such questions to the
b) examine or verify the existence, authenticity or parties or witnesses concerned.57
accuracy of voluminous records, files, accounts
or other papers or documents presented or The Investigating Prosecutor shall make a record of the
submitted in support of the complaint; or questions asked and answers given during the
clarificatory questioning which shall be signed by the
c) undertake studies or research on novel, parties concerned and/or their respective counsel. Said
complicated or technical questions or issues of notes shall form part of the official records of the case.
law and of facts attendant to the case under Parties who desire to file a petition for review of the
investigation. Investigating Officer's resolution may, at their option,
Extensions of time to submit a counter-affidavit for any cite specific portions of the oral testimony by reference
of the reasons stated above shall not exceed ten (10) to the transcript of stenographic notes. Said notes shall
days. Additional extensions may be authorized by the only be transcribed in cases of appeal and shall be
Provincial/City Prosecutor concerned. obtained at the expense of the interested party.
SEC. 22. Suspension of proceedings.- Upon motion of a SEC. 28. Submission of case for resolution. - The
party, or when raised in a counter-affidavit, the Investigating Prosecutor shall case submitted for
Investigating Prosecutor may suspend the preliminary
investigation proceedings if the existence of a 53
Ras vs. Rasul, 100 SCRA 125 [1980]; Quiambao vs. Osono, G. R.
prejudicial question is satisfactorily established.52 No.48157, March 16, 1988; and Appendix “P”
54
The existence of a prejudicial question shall, however, Donato vs. Luna, G.R. No.53642, April 15, 1988; Prado vs. People,
not be a ground for the dismissal of the complaint. 133 SCRA 602 [1984]; and Librodo vs. Coscolluela, Jr., 116 SCRA
SEC. 23. Concept of prejudicial question.- A prejudicial 303 [1982].
55
Sec. 5, Rule 111, supra.
56
"Bulacan Garden Corporation vs. Filomena", OPP, Bulacan). Cf. Ras vs. Rasul, supra; Quiambao vs. Osono, supra.
52 57
Sec.6, Rule 111, ibid. Sec. 3(e), Rule 112, supra.



resolution: be done simultaneously and the period therefore shall

a) when the respondent cannot be subpoenaed not exceed ten (10) days, unless a longer period is
or, if subpoenaed, does not submit his authorized by the Provincial/City Prosecutor concerned.
counter-affidavit within the reglementary SEC. 34. Period for resolving a case. - The Investigating
period. In such a case, the Investigating Prosecutor shall resolve the case within ten (10) days
Prosecutor shall base his resolution on the from the time the case is deemed submitted for
evidence presented by the complainant;58 or resolution,62 unless otherwise provided herein or a
b) upon submission by the parties of their longer period is authorized by the Provincial/City
respective affidavits and supporting proof or Prosecutor concerned.
documents, in which event, he shall, upon the SEC. 35. Form of resolution and number of copies.- The
evidence thus adduced, determine whether or resolution shall be written in the official language,
not there is sufficient ground to hold the personally and directly prepared and signed by the
respondent for trial 59 Investigating Prosecutor. It shall be prepared in as
SEC. 29. Lack of probable cause.- If the Investigating many copies as there are parties, plus three (3)
Prosecutor does not find sufficient basis for the additional copies.
prosecution of the respondent, he shall prepare the SEC. 36. Contents of the resolution. - A resolution shall
resolution recommending the dismissal of the contain a caption and a body.
complaint. SEC. 37. Caption of resolution. - The caption of the
SEC. 30. Finding of probable cause. - If the Investigating resolution shall indicate the:
Prosecutor finds that probable cause exists, he shall a) names of all the complainants and all of the
prepare the resolution and the corresponding respondents;
information or complaint in the appropriate cases.
b) Case Number, otherwise known as the
Where the respondent is a public officer or employee or Investigation Slip Number or 1.8. No.;
a member of the Philippine National Police (PNP), the
Investigating Prosecutor shall also determine whether c) the offense charged;
or not the offense with which he is charged was d) the date of the filing of the complaint with the
committed in relation to his office and, if so committed, office;
such fact should be alleged in the information to be
filed with the Sandiganbayan through the e) the date of the assignment of the case to or
Ombudsman 60 receipt of the case record by the Investigating
Officer; and
SEC. 31. Reopening of investigation.- After a case under
preliminary investigation has been submitted for f) the date the case was submitted for resolution.
resolution under the provisions of the preceding SEC. 38. Names of parties. - The complete names of all
Section but before promulgation of the resolution, the the complainants and respondents in the case shall be
preliminary investigation may be reopened for the set out in the caption of the resolution. It is not proper
purpose of receiving new and/or additional evidence to use the phrase "et. al." to refer to other complainants
upon the prior authorization given by the and respondents.
Provincial/City Prosecutor concerned or upon motion of
the interested party, Provided, That in the latter case, it The name of the victim or injured party, not their
shall be subject to the following conditions: representative, shall appear in the caption. In cases
referred to the prosecution by the police where there is
a) the motion is verified and a copy thereof no identified victim, as in prohibited drugs cases, the
furnished the opposing party; complainant shall be the police station involved,
b) the motion is accompanied with the new followed by the name and designation of the police
and/or additional evidence; and officer representing the police station. In homicide or
murder cases, the name of the victim or of the
c) the motion sufficiently and satisfactorily shows complainant shall be in the caption. The heirs or
valid and justifiable reason for the failure of the relatives of the slain victim shall be indicated as "Legal
movant to submit the new and/or additional heirs of deceased (name or person killed)", represented
evidence during the preliminary investigation by "(either the surviving spouse, father or mother)".
proceedings.
In the case of a corporation or judicial entity, its
SEC. 32. Cases Transmitted by the Municipal Trial Judge. corporate name or identity shall be indicated and
- Upon receipt of the records of the case from the written as follows. " 'X' Corporation, represented by its
Municipal Trial Court or Municipal Circuit Trial Court (position title), (name of corporate officer)".
which conducted the Preliminary Investigation, the
Prosecution Office shall review the case based on the SEC. 39. Case number. - The number of a case shall
existing records, without requesting the parties to indicate the year and month; it was filed and its entry
submit memorandum of authorities,61 and may affirm, number in the log book of the office, e.g. 97
modify or reverse the finding of the Municipal Trial (year)A(month)-024(entry number).
Court judge. However, if the interest of justice so SEC. 40. Designation of offense charged. - For offenses
requires, the prosecutor may conduct a full blown that are punishable under the Revised Penal Code, the
reinvestigation giving the parties the opportunity to caption shall set forth the denomination of the offense
submit additional evidence, and thereafter, resolve the and the specific article and paragraph of the statute
case on the basis of the totality of the evidence thus violated.
adduced.
Where there is another charge or countercharge in the
SEC. 33. Memoranda. - The Investigating Prosecutor same case having one case number or in case of a
shall not require nor allow the filing or submission by consolidated resolution involving two or more criminal
the parties of memoranda unless the case involves cases with two or more docket numbers, the caption
difficult or complicated questions of law or of fact. In shall also contain said information.
any event, the filing of memoranda by the parties shall
SEC. 41. Contents of body of resolution. - In general, the
body of resolution should contain:
58
Secs. 3 (d) & (f), Rule 112, ibid. a) a brief summary of the facts of the case;
59
Sections 3(d) & (f), Rule 112, ibid.
60 b) a concise statement of the issues involved; and
Republic vs. Maximiano Asuncion, G.R. No. L-108208, March
1994.
61 62
Department of Justice Memorandum Circular No.7, s.1988. Sec. 3(f), Rule 112, supra.



c) the findings and recommendations of the Chief State Prosecutor on resolution. - The Provincial or
Investigating Prosecutor. City Prosecutor or Chief State Prosecutor concerned
All material details that should be found in the shall act on all resolutions within ten (10) days from
information prepared by the Investigating Prosecutor receipt thereof by either approving or disapproving the
shall be stated in the resolution. resolution or returning the same to the investigating
prosecutor for further appropriate action.' 'immediately
SEC. 42. Parts of a resolution. - As a rule, the body of a after approving or disapproving the resolution, the
resolution is made up of four parts, namely: Provincial or City Prosecutor or Chief State Prosecutor
a) Part 1 shall state the nature of the case as concerned shall transmit a copy of the resolution to the
disclosed in the evidence presented by the parties.
complainant such as his affidavit-complaint, SEC. 49. Reversal by the Provincial or City Prosecutor or
the affidavit of witnesses and documentary and Chief State Prosecutor of resolution of investigating
physical evidence. The affidavits shall be prosecutor. - If the Provincial or City Prosecutor or Chief
numbered in the order of the presentation of State Prosecutor reverses the recommendation in the
the prosecution witnesses as disclosed in the resolution of the investigating prosecutor, the former
list of witnesses appearing in the information. may, by himself, file the corresponding information or
As for the documentary evidence, they shall be direct any other assistant prosecutor or state
alphabetically marked as they would be prosecutor, as the case may be, to do so without need
marked during the pre-trial and trial stages of of conducting another preliminary investigation.
the case.
SEC. 50. Approval of pleading by head of prosecution
b) Part 2 shall contain the version of complainant office. - A pleading prepared by the trial prosecutor,
of the incident. The presentation of the including ex parte motions, shall not be filed in court
complainant's case should be concise and shall without the prior written approval by the Provincial or
not be cluttered with details that are not City Prosecutor or Chief State Prosecutor, as the case
necessary to show the elements of the offense. may be, of said pleading.
c) Part 3 shall allege the respondent’s version of SEC. 51. Motion for reinvestigation, where filed. - Before
the incident. This must also be concise. the arraignment of the accused, a motion for
d) Part 4 shall contain the discussion, analysis and reinvestigation of the case may be filed with the
evaluation by the prosecutor of the evidence City/Provincial Prosecutor, Provided, That when the
presented by the complainant and the case has been appealed to the Regional State
respondent, without relying on the weakness of Prosecutor or the Department of Justice, such motion
the defense of the respondent. It shall also may be filed, respectively, with the said offices. After
contain the conclusion of the prosecutor. The arraignment, said motion may only be filed with the
complainant's and respondent's versions of the judge hearing the case.
incident need not be repeated in this part SEC. 52. Confidentiality of resolutions. - All resolutions
except to point out excerpts relating to the prepared by an Investigating Prosecutor after
existence or absence of the elements of the preliminary investigation, whether his
crime. Citations of pertinent laws and recommendation be for the filing or dismissal of the
jurisprudence should support the conclusions case, shall be held in strict confidence and shall not be
reached. Where numerical values are made known to the parties, their counsel and/or to any
important, the number shall be written in unauthorized person until the same shall have been
words and figures. finally acted upon by the Provincial/City Prosecutor or
SEC. 43. How recommended hail is written. - The bail his duly authorized assistant and approved for
recommended in the resolution shall be written in promulgation and release to the parties.
words and figures. Violation of the foregoing shall subject the
SEC. 44. Recommended bail. - The bail recommended Investigating Prosecutor or the employee of the office
in the resolution shall be stated in the information, concerned to severe disciplinary action.
written in words and figures, and initialed by the SEC. 53. Information/Complaint.- The
investigating prosecutor. information/complaint shall be personally and directly
SEC. 45. Parties to be furnished with a copy of the prepared by the Investigating Prosecutor or such other
resolution. - The complete names and addresses of the prosecutor designated for the purpose and signed by
complainant and the respondent shall be set out at the him or the complainant, as the case may be. It shall
end of the resolution after the signature of the state and contain, in addition to the requirements of
investigating prosecutor and the head of the the Rules of Court on the sufficiency of the allegations
Prosecutor's Office concerned under the phrase: "Copy in an information or complaint, the following:
furnished:". a) the full name and aliases, if any, and address of
If the parties are represented by counsel and the latter's the accused;
appearance is entered formally in the record,63 the b) the age and date of birth of the complainant or
counsel, not the party, shall be given a copy of the the accused, if eighteen (18) years of age or
resolution. below;
SEC. 46. Signature and initials of investigating c) the full names and addresses of the parents,
prosecutor. - The investigating prosecutor shall sign the custodian or guardian of the minor
resolution and if the resolution consists of two or more complainant or accused, as the case may be;
pages, the prosecutor shall initial all of said pages,
excluding the signature page. d) the place where the accused is actually
detained;
SEC. 47. Records of the case. - The investigating fiscal
shall forward his resolution, together with the complete e) the full names and addresses of the
records of the case, to the Provincial or City Prosecutor complainant and witnesses;
or Chief State Prosecutor concerned within five (5) days f) a detailed description of the recovered items, if
from the date of his resolution.64 any;
SEC. 48. Action of the Provincial or City Prosecutor or g) the full name and address of the evidence
custodian; and
63
Note: A special appearance does not qualify. h) the bail recommended, if the charge is bailable.
64
Sec. 4, par.1,Rule 112, supra.
The Investigating Prosecutor shall certify under oath


that he or, as shown by the record, an authorized investigation:
officer, had personally examined the complainant and a) The preliminary investigation of complaints
his witnesses; that there is reasonable ground to believe charging a capital offense shall be terminated
that a crime has been committed and that the accused and resolved within ninety (90) days from the
is probably guilty thereof; that the accused was date of assignment to the Investigating
informed of the complaint and of the evidence Prosecutor.
submitted against him and that he was given an
opportunity to submit controverting evidence; and that b) The preliminary investigation of all other
he is filing the complaint or information with the prior complaints involving crimes cognizable by the
authority and approval of the Provincial/City Prosecutor Regional Trial Courts shall be terminated and
concerned.65 resolved within sixty (60) days from the date of
assignment.
SEC. 54. Documents to be attached to
information/complaint. - An information/complaint that c) In cases of complaints involving crimes
is filed in court shall, as far as practicable, be cognizable by the Metropolitan Trial Courts,
accompanied by a copy of the resolution of the Municipal Trial Courts and Municipal Circuit
Investigating Prosecutor, the complainant's affidavit, Trial Courts, the preliminary investigation -
the sworn statements of the prosecution's witnesses, should the same be warranted by the
the respondent's counter-affidavit and the sworn circumstances - shall be terminated and
statements of his witnesses and such other evidence as resolved within sixty (60) days from the date of
may have been taken into account in arriving at a assignment to the Investigating Prosecutor.
determination of the existence of probable cause.66 In all instances, the total period (from the date of
SEC. 55. Promulgation of resolution.- The result of the assignment to the time of actual resolution) that may
preliminary investigation shall be promulgated by be consumed in the conduct of the formal preliminary
furnishing the parties or their counsel a copy of the investigation shall not exceed the periods prescribed
resolution by: herein.68
a) personal service;
b) registered mail with return card to the
PART IV PETITION FOR REVIEW69
complainant, and by ordinary mail to the SECTION 1. Subject of petition for review.- Only
respondent, if the resolution is for the dismissal resolutions of the Chief State Prosecutor/Regional State
of the complaint; or Prosecutor/Provincial or City Prosecutor dismissing a
c) registered mail with return card to the criminal complaint may be the subject of a Petition for
respondent, and by ordinary mail to the Review to the Secretary of Justice except as otherwise
complainant, if the resolution is for the provided in Section 4 hereof.
indictment of the respondent. A petition from the resolution of a Provincial/City
SEC. 56. Motion for reconsideration. - A motion for Prosecutor where the penalty prescribed for the offense
reconsideration may be filed within ten (10) days from charged does not exceed prision correccional,
receipt of the resolution. The motion shall be verified, regardless of the imposable fine, shall be made to the
addressed to the Provincial/City Prosecutor or the Chief Regional State Prosecutor who shall resolve the
State Prosecutor, and accompanied by proof of service petitions with finality. Such petitions shall also be
of a copy thereof on the opposing party and must state governed by these rules.
clearly and distinctly the grounds relied upon in The provision of the preceding paragraph on the finality
support of the motion. of the resolution of the Regional State Prosecutor
A motion for reconsideration is still part of due process notwithstanding, the Secretary of Justice may, in the
in the preliminary investigation. The denial thereof is a interest of justice and pursuant to his residual authority
reversible error as it constitutes a deprivation of the of supervision and control over the prosecutors of the
respondent's right to a full preliminary investigation Department of Justice, order the automatic review by
preparatory to the filing of the information against him. his office of the resolution of the Regional State
67
The court therefore may not proceed with the Prosecutors in the cases appealed to the latter.
arraignment and trial pending resolution of the motion SEC. 2. Period to file petition.- The petition must be filed
for reconsideration. within a period of fifteen (15) days from receipt of the
SEC. 57. Inhibition. - A Prosecutor shall inhibit himself questioned resolution by the party or his counsel. The
from conducting a preliminary investigation in a case period shall be interrupted only by the filing of a
wherein - motion for reconsideration within ten (10) days from
receipt of the resolution and shall continue to run from
a) he or his wife or child is interested as heir, the time the resolution denying the motion shall have
legatee, creditor or otherwise; or been received by the movant or his counsel.
b) he is related to either affinity or to counsel SEC. 3. Form and contents. - The petition shall be
c) he has been named counsel. party within the verified by the petitioner and shall contain the
6th degree of consanguinity or within the 4th following:
degree; or executor, administrator, guardian, a) date of receipt of the questioned resolution;
trustee or date of filing of the motion for reconsideration;
A motion to disqualify or inhibit the Investigating if any; and date of receipt of the resolution on
Prosecutor may be filed with the City/Provincial or Chief the motion for reconsideration;
State Prosecutor concerned for just or valid reasons b) names and addresses of the parties;
other than those mentioned above.
c) the Investigation Slip Number or I.S. No. and/or
SEC. 58. Period to resolve cases under preliminary criminal case number and the title of the case;
investigation. - The following periods shall be observed
in the resolution of cases under preliminary d) the venue of the preliminary investigation;
e) a clear and concise statement of the facts, the
65
Section 4 (2) Rule 112, supra.
66 68
Lim V. Felix, G. R. No.94054-57, and Fernandez V. Felix, G.R. Department of Justice Circular No.24 dated 24 March 1995.
69
No.94266-57, 194 SCRA 292 [1991]; See also Allado V. Diokno, 232 Department Order No.223 dated June 30,1993 as amended by DO
SCRA 192 [1994]. No.359 dated October 17, 1995.
67
Torralba vs. Sandiganbayan, 230 SCRA 33 [1994].



assignment of errors, and the legal basis of the warrant a dismissal.
petition; SEC. 9. Motion for Reconsideration.- The aggrieved
f) in case of a finding of probable cause, that party may file a motion for reconsideration within a
petitioner has filed in court a motion to defer non-extendible period of ten (10) days from receipt of
further proceedings; and the resolution on the petition, furnishing the adverse
g) proof of service of a copy of the petition to the party or his counsel and the prosecutor with copies
adverse party or his counsel and the prosecutor thereof. No second motion for reconsideration shall be
either by personal delivery or registered mail entertained.
evidenced by the registry receipts and affidavit SEC. 10. Effect of filing of petition. - A petition for review,
of mailing. motion for reconsideration/reinvestigation from a
The petitioner shall append to his petition copies of the resolution finding probable cause shall not hold the
material and pertinent affidavits/sworn statements filing of the information in court.
(including their translations, if any, duly certified by the Pending resolution of the Petition for review, the
city/provincial prosecutor) and evidence submitted in accused is entitled to a suspension of the proceedings,
the preliminary investigation by both parties and the to the holding in abeyance of the issuance of warrant of
questioned resolution. arrest, and deferment of the arraignment.70
The prosecutor concerned shall immediately inform the
Department or the Regional State Prosecutor of the PART V BAIL71
action of the court on the motion to defer further
proceedings. If the accused is arraigned during the SECTION 1. Bail defined. - Bail is the security given for
pendency of the petition, the prosecutor concerned the release of a person in custody of the law, furnished
shall likewise immediately inform the Department or by him or a bondsman, conditioned upon his
the Regional State Prosecutor of such arraignment. appearance before any court as required under the
conditions hereinafter specified. Bail may be given in
SEC. 4. Cases not subject to review; exceptions.- No the form of corporate surety, property bond, cash
petition may be allowed from a resolution of the Chief deposit, or recognizance.
State Prosecutor/Regional State Prosecutor/Provincial
or City Prosecutor finding probable cause except upon SEC. 2. Nature of right to bad.- The right to bail is
showing of manifest error or grave abuse of discretion. guaranteed by the Constitution. It is the duty of the
Either complainant/offended party or prosecutor to recommend such amount of bail to the
respondent/accused may file a petition. courts of justice as, in his opinion, would ensure the
Notwithstanding the showing of manifest error or grave appearance of an accused person when so required by
abuse of discretion no petition shall be entertained the court.72
where the accused had already been arraigned. Once SEC. 3. Non-bailable offense. - No person charged with a
arraigned, the petition shall be dismissed motu proprio capital offense, or an offense punishable by reclusion
by the Secretary of Justice. perpetua or life imprisonment, when evidence of guilt
SEC. 5. Answer.- Within a non-extendible period of is strong, shall be admitted to bail regardless of the
fifteen (15) days from receipt of a copy of the petition, stage of the criminal prosecution.
the respondent may file a verified answer indicating SEC. 4 Criteria in recommending amount of bail. - In
therein the date that the copy of the petition was recommending the amount of bail to be granted by the
received with proof of service of the answer to the court, the prosecutor shall take into consideration the
petitioner. If no answer is filed, the case shall be following standards and criteria:
resolved on the basis of the petition.
a) financial ability of the respondent/accused to
SEC. 6. Withdrawal of petition.- The petition may be post bail;
withdrawn at any time before it is finally resolved, in
which case the questioned resolution shall stand. b) nature and circumstances of the offense;
SEC. 7. Motion for reinvestigation.- At any time after the c) penalty for the offense charged;
filing of the petition and before its resolution, the d) age, state of health, character and reputation of
petitioner may, with leave of court, file a motion for the respondent/accused under detention;
reinvestigation on the ground that new and material e) weight of the evidence against the
evidence has been discovered which petitioner could respondent/accused under detention;
not, with reasonable diligence, have discovered during
the preliminary investigation and which if produced f) forfeiture of other bonds and pendency of other
and admitted would probably change the resolution. cases wherein the respondent/accused under
The Department or the Regional State Prosecutor, as detention is under bond;
the case may be, shall then issue a resolution directing g) the fact that respondent/accused under
the reinvestigation of the case, if still legally feasible. detention was a fugitive from justice when
When reinvestigation is granted, it shall take place in apprehended; and
the Office of the Prosecutor from which the petition
was taken. h) other factors affecting the probability of the
SEC. 8. Disposition of petition.- The Secretary of Justice
or the Regional State Prosecutor may reverse, affirm or
modify the questioned resolution. They may, motu 70
Like a motion for reconsideration of the resolution of the
proprio or on motion of the petitioner, dismiss outright
the petition on any of the following grounds: City/Provincial Prosecutor, the right to a petition for review is a part of
due process. Notwithstanding the ruling in Crespo vs. Mogul (151
a) that the offense has prescribed; SCRA 463 [1987]), the Court may not proceed with the criminal
b) that there is no showing of any reversible error; proceedings until after the resolution of the Regional Prosecutor or of
c) that the procedure or requirements herein the Secretary of Justice shall have become final, and the
prescribed have not been complied with; corresponding motion has been filed in Court by the trial prosecutor
d) that the questioned resolution is interlocutory to withdraw or dismiss the information or to proceed with the trial as
in nature, except when it suspends the the case may be, per findings in the petition for review. (See Roberts;
proceedings based on the alleged existence of Jr. et al. vs. C.A. et al., 254 SCRA 307 [1996]).
a prejudicial question; or 71
Rule 114, Rules on Criminal Procedure, as amended by Supreme
e) that other legal or factual grounds exist to Court Administrative Circular No.12-94 dated August 16, 1994.


accused appearing at the trial.73 allowed after the accused has commenced to serve
SEC. 5. Burden of proof in bail application. - At the sentence.
hearing of an application for admission to bail filed by SEC. 12. Rules in computing the bail to be
any person who is in custody for the commission of an recommended. - To achieve uniformity in the amount
offense punishable by death, reclusion perpetua or life of bail to be recommended, the following rules shall be
imprisonment, the prosecution has the burden of observed:
showing that evidence of guilt is strong. The evidence 1) Where the penalty is reclusion perpetua, life
presented during the bail hearings shall be considered imprisonment, reclusion perpetua to death or
automatically reproduced at the trial, but upon motion death, bail is not a matter of right; hence, it shall not
of either party, the court may recall any witness for be recommended.
additional examination unless the witness is dead,
outside of the Philippines or otherwise unable to testify. 2) Where bail is a matter of right and the imposable
penalty is imprisonment and/or fine, the bail shall
SEC. 6. Recognizance. - Whenever allowed pursuant to be computed on the basis of the penalty of
law or these Rules, the court may release a person in imprisonment applying the following rules:
custody on his own recognizance or that of a
responsible person. i) where the penalty is reclusion temporal
(regardless of period) to reclusion perpetua,
SEC. 7. Bail, when not required; reduced bail or bail shall be computed based on the
recognizance. - No bail shall be required when the law maximum of reclusion temporal.
or the Rules issued by the Supreme Court so provide74.
ii) where the imposable penalty is
When a person has been in custody for a period equal correccional or afflictive, bait shall be based
to or more than the possible maximum imprisonment on the maximum of the penalty, multiplied
of the offense charged to which he may be sentenced, by P2,000.00. A fraction of a year shall be
he shall be released immediately without prejudice to rounded-off to one year.
the continuation of the trial thereof or the proceedings
on appeal. In case the maximum penalty to which the iii) for crimes covered by the Rules on
accused may be sentenced is destierro, he shall be Summary Procedure and Republic Act No.
released after thirty (30) days of preventive 6036, bail is not required except when
imprisonment. respondent/accused is under arrest, in
which case, bail shall be computed in
A person in custody for a period equal to or more than accordance with this guideline.
the minimum of the principal penalty prescribed for
the offense charged without application of the iv) iv for crimes of reckless imprudence
Indeterminate Sentence Law or any modifying resulting in homicide arising from violation
circumstance, shall be released on a reduced bail or on of the Land Transportation and Traffic
his own recognizance, at the discretion of the court. Code, bail shall be P30,000.00 per deceased
person.
SEC. 8. Notice of application for hail to prosecutor. - In
an application for bail, the court shall give reasonable v) for violation of Batas Pambansa Blg. 22, bail
notice of the hearing to the prosecutor or require him shall be 50% of the amount of check but
to submit his recommendation. should not be less than P2,000.O0nor more
than P30,000.00.
SEC. 9. Cancellation of hail bond. - Upon application
filed with the court and after due notice to the Where the imposable penalty is only a fine, bail shall be
prosecutor, the bail bond may be canceled upon computed as follows:
surrender of the accused or proof of his death. i) fine not exceeding P2,000.00,bail is not
The bail bond shall be deemed automatically canceled required.
upon acquittal of the accused or dismissal of the case ii) fine of more than P2,000.00,bail shall be
or execution of the final judgment of conviction. 50% of the fine but should not exceed
In all instances, the cancellation shall be without P30,000.00.
prejudice to any liability on the bond. iii) in case of reckless imprudence resulting to
SEC. 10. Arrest of accused out on hail. - For the purpose damage to property, bail shall be
of surrendering the accused, the bondsmen may arrest three-eighths (3/8) of the value of the
him, or on written authority endorsed on a certified damage but not exceeding P30,OOO.OO
copy of the undertaking may cause him to be arrested except when covered by the Rules on
by any police officer or any other person of suitable age Summary Procedure.
and discretion. 1) Bail based on the maximum penalty, multiplied by
An accused released on bail may be re-arrested without P1O,OOO.OO,shall be applied to the following
the necessity of a warrant if he attempts to depart from offenses under the following laws:
the Philippines without prior permission of the court a) Republic Act No.6425 (Dangerous Drugs Act),
where the case is pending. as amended by RA 7659;
SEC. 11. No had after final judgment, exception. - An b) Republic Act No.6539 (Anti-Carnapping Act), as
accused shall not be allowed bail after the judgment amended by RA 7659;
has become final, unless he has applied for probation
before commencing to serve sentence, the penalty and c) Republic Act No.7659 (for other crimes covered
the offense being within the purview of the Probation by it);
Law. In case the accused has applied for probation, he d) Presidential Decree No. 186 (Illegal Possession
may be allowed temporary liberty under his bail bond, of Firearms, Ammunition or Explosives), as
but if no bail was filed or the accused is incapable of amended by RA 8294;
filing one, the court may allow his release on
recognizance under the custody of a responsible e) Republic Act No. 1937 (Tariff and Customs
member of the community. In no case shall bail be Code), as amended; or
f) Rebellion, insurrection or Coup d'etat as
73
Sec. 6, Rule 114, supra; Department of Justice Circular No.4, amended by Republic Act No.6968.
series of 1996, effective 1 February 1996. SEC. 13. Petition for bail in a continuous trial. - In case a
74
See RA 6036 and Rules on Summary Procedure; Art. 29, Revised petition for bail is filed by the accused and the court
Penal Code; BP BIg 85 [1980]; Sec. 13, Rule 114, ibid. orders a continuous trial of the case, the public
prosecutor shall be prepared with his principal



witnesses. Where there are several accused and one or whereby the accused and the prosecutors in a criminal
two filed a petition to bail, the trial prosecutor shall, case work out, usually at the arraignment stage, a
before the presentation of his first witness, manifest in naturally satisfactory disposition of a case subject to
open court that the evidence to be presented in the court approval in order to expedite the trial of the case.
78
hearing of the petition for bail shall be adopted as its
evidence-in-chief. The prosecutor shall enter into a pre-trial only when the
accused and counsel agree and upon order of the
PART VI ARREST court.
SECTION 1. Definition of probable cause as a ground for SEC. 2. Duties of prosecutor before and after the
an arrest or issuance of a warrant of arrest. - Probable pre-trial conference. -Before the pre-trial conference,
cause is such facts and circumstances which would the prosecutor should know every fact and detail of the
lead a reasonably discreet and prudent man to believe case. This can be accomplished by interviewing the
that an offense has been committed by the person complainant and other witnesses and after a thorough
sought to be arrested.75 examination of the available documentary and other
physical evidence. The prosecutor should place
SEC. 2. Remedy if no warrant of arrest is issued by the importance on the testimony of the expert witness. The
investigating judge. -If the investigating judge is knowledge that the prosecutor will gain from said
satisfied that there is probable cause but did not issue witness will help him determine the procedures
the warrant of arrest contrary to the prosecutor's belief undertaken in the examination of a subject or thing;
that there is a need to place the accused under the scientific or technical terms applied, and the
custody, the speedy and adequate remedy of the reason/s in arriving at a certain conclusion.
prosecutor is to immediately file the information so
that the Regional Trial Court judge may issue the During the pre-trial process, the prosecutor shall bear in
warrant for the arrest of the accused.76 mind that he has to prove his case beyond a reasonable
doubt and that every act or incident should be proved
SEC. 3. Request for a copy of the return. - If a warrant of by the testimony of qualified and competent witnesses.
arrest has been issued, the prosecutor may request the
warrant officer that he be furnished with the officer's After the pre-trial conference, the prosecutor shall
return relative thereto. The prosecutor shall, as far as ensure that any agreement or admission made or
practicable, coordinate with the witnesses from time to entered therein is in writing and signed by the accused
time to ascertain the whereabouts of the accused and his counsel.
pending the latter's arrest. SEC. 3. Subject matters of pre-trial. - The pre-trial
conference shall consider the following:
PART VII ARRAIGNMENT AND PLEA a) Plea bargaining - This is a process where the
defendants usually plead guilty to a lesser
SECTION 1. Concept of arraignment. - Arraignment is a offense or to only one or some of the counts of
mandatory requirement that seeks to give the accused a multi-count indictment in return for a lighter
the opportunity, at the first instance, to know why the sentence than that for the graver charge79;
prosecuting arm of government has been mobilized
against him and to plead. At the arraignment, the b) Stipulation of facts- This is the agreement of
accused may enter a plea of guilty or not guilty. the parties on some facts admitted, some facts
covered by judicial notice (Sec. 1, Rule 129),
SEC. 2. Duties of trial prosecutor. - judicial admissions (Sec. 2 Rule 129), or on
a) Before the arraignment of the accused, the trial matters not otherwise disputed by them. In
prosecutor shall examine the information cases requiring the presentation of government
vis-a-vis the resolution of the investigating witnesses or evidence, the Trial Prosecutor
prosecutor in order to make the necessary should exert every effort to secure a waiver by
corrections or revisions and to ensure that the the accused of objections to the admissibility of
information is sufficient in form and substance. certain documentary evidence, e.g., medical or
b) After arraignment, the trial prosecutor shall death certificate, necropsy report, forensic
prepare his witnesses for trial. Government chemistry report, ballistics report, Philippine
witnesses, e.g. medico-legal officer, chemist, Overseas and Employment Administration
forensic experts, examiners etc. should, as (POEA) Certification, and the like, if such
much as practicable, be presented in evidence has no relevance whatsoever to the
accordance with the logical and chronological theory of the defense, in order to dispense with
sequence of the technical aspects to be proved. the presentation and testimony in court of
government witnesses. Whenever appropriate
SEC. 3. Effect of filing a petition for review. - When an or necessary, the counter-affidavit of the
aggrieved party manifests in court that he has a accused submitted luring the preliminary
pending petition for review with the Department of investigation may be resorted to or availed of to
Justice and moves for a deferment of the arraignment denions~rate or establish the defense theory;
pending resolution of his petition, the Trial Prosecutor
may conform thereto once proof of said petition has c) Marking of documentary evidence in advance
been presented by the petitioner to his satisfaction. for identification;
SEC. 4. Concept of plea. - The plea is the reply of the d) Waiver in advance of objections to admissibility
accused to the charge. It raises the issue to be tried and of evidence;
on which the judgment/sentence of the court can be e) List of witnesses to be presented which should
properly based. be qualified by the following statement: "that
other witnesses may be presented in the
PART VIII PRE-TRIAL77 course of the trial"; and
f) Such other matters as will promote a fair and
SECTION 1. Concept of pre-trial. - A pre-trial is a process expeditious trial.
SEC. 4. Plea of guilty to a lesser offense. - The following
75
Bemas, The Constitution of the Republic of the Philippines, a
78
Commentary, Vol. I, First Ed., 1987, pp.86-87 cited in Department Black's Law Dictionary, 5th Ed. 1979, p.1037.
79
Circular No.24, dated March 24 1995. ibid, p.1037.
76
Samulde vs. Salvani,Jr., 165 SCRA 724 [1988].
77
Rule 118, Rules on Criminal Procedure.



rules shall apply to cases where the accused pleads SEC. 3. Expeditious prosecution of criminal cases filed
guilty to a lesser offense: with the courts. -The Trial Prosecutor shall always be
a) The Trial Prosecutor shall immediately move for the prepared to conduct the prosecution with his witnesses
suspension of the proceedings whenever the who shall be subpoenaed well in advance of the
accused manifests his intention in court to plead scheduled trial dates. No postponement of the trial or
guilty to a lesser offense. This will enable the Trial other proceedings of a criminal case shall be initiated or
Prosecutor to evaluate the implications of the offer. caused by the Trial Prosecutor except in instances
where the postponement is occasioned by the absence
b) If the lesser offense to which the accused will plead of material witnesses or for other causes beyond his
guilty is not a capital offense, the Trial Prosecutor control or not attributable to him.
may dispense with the presentation of evidence
unless the court directs otherwise. SEC. 4. Order of presentation of witnesses. -
c) The Trial Prosecutor, with the consent of the a) The order in the presentation of witnesses will be
offended party, may motu proprio agree to the offer left to the discretion of the Trial Prosecutor.
of the accused to plead guilty to a lesser offense if However, the prosecutor should take into
the penalty imposable therefor is prision consideration the order of events as established by
correccional (maximum of six [61 years) or less or a the evidence of the prosecution.
fine not exceeding P12,000.00. b) Witnesses who will testify for the first time shall be
d) When the penalty imposable for the offense afforded the opportunity to be advised to observe
charged is prision mayor (at least six [6] years and criminal proceedings in court to help them
one [11 day or higher) or a fine exceeding ~12,000.00, overcome their anxiety, excitement and tension.
the Trial Prosecutor shall first submit his SEC. 5. Preparation of formal offer of exhibits. - The Trial
comment/recommendation to the City or Provincial Prosecutor shall safely keep his documentary and other
Prosecutor or to the Chief State Prosecutor, as the physical evidence and prepare a list thereof in the order
case may be, for approval. If the recommendation is they have been marked as exhibits, identifying each by
approved in writing, the Trial Prosecutor, may, with letter or number, describing it briefly, and stating its
the consent of the offended party, agree to a plea of specific purpose or purposes.
guilty to a lesser offense. For this purpose, the Chief SEC. 6. Defense evidence. -
State Prosecutor or the Provincial or City Prosecutor
concerned shall act on the recommendation of the a) Before reception of evidence for the defense starts,
Trial Prosecutor within forty-eight (48) hours from the Trial Prosecutor shall ask from the adverse
receipt thereof. In no case shall the subject plea to a counsel the number of witnesses he intends to
lesser offense be allowed without the written present.
approval of the above respective heads of office. b) If the names of defense witnesses are disclosed the
e) In all cases, the penalty for the lesser offense to Trial Prosecutor shall elicit from reliable sources the
which the accused may be allowed to plead guilty whereabouts of these witnesses, their moral
shall not be more than two (2) degrees lower than character, background, reasons for testifying and
the imposable penalty for the crime charged, relationship with the accused, among other things,
notwithstanding the presence of mitigating to enable him to have a clear view of the defense of
circumstances. The lesser offense shall also be one the accused.
that is necessarily related to the offense charged or SEC. 7. Discharge of accused to be state witness. -
the offense must belong to the same classification When two or more persons are jointly charged with the
or title under the Revised Penal Code or the commission of any offense, upon motion of the
relevant special laws.80 prosecution before resting its case, the court may direct
However, the plea of guilty to a lesser offense may not one or more of the accused to be discharged with their
be allowed where it so contravenes lo~ nd common consent so that they may be witnesses for the state
sense as to be unconscionable, thereby resulting in us, provided the court, after hearing, is satisfied that:
where the offense charged is homicide, a plea of guilty a) There is absolute necessity for the testimony of the
to a lesser offense of frustrated or attempted homicide, accused whose discharge is requested.
may not be allowed, since the fact of death cannot be
reconciled with the plea of guilty to frustrated or b) There is no other direct evidence available for the
attempted homicide. Homicide necessarily produces proper prosecution of the offense committed,
death, while frustrated or attempted homicide does except the testimony of said accused,6 as when he
not.81 alone has knowledge of the crime, and not when
his testimony would simply corroborate or
SEC. 5. when accused pleads guilty to a capital offense. - otherwise strengthen the evidence in the hands of
If the accused pleads guilty to a capital offense, the Trial the prosecution;
Prosecutor must present evidence to prove the guilt of
the accused and the precise degree of his culpability. c) The testimony of said accused can be substantially
This is mandatory. corroborated in its material points. This is an
indispensable requirement because it is a notorious
fact in human nature that a culprit, confessing to a
PART IX TRIAL crime, is likely to put the blame on others rather
SECTION 1. Definition of trial. - A trial is a judicial than himself. Thus, even though a court may get
examination of the claims at issue in a case which are the statement of a discharged accused that other
presented by the prosecution and defense to enable particular persons were engaged in the crime, it is
the court to arrive at a judgment pronouncing either unsafe to accept without corroborating evidence,
the guilt or innocence of the accused. his statements concerning the relative blame to be
attached to different members of his gang;
SEC. 2. Concept of trial. - The object of a trial is to mete
out justice, and to convict the guilty and protect the d) Said accused does not appear to be the most
innocent. Thus, the trial should be a search for the truth guilty.9 The mere fact that the witness sought to be
and not a contest over technicalities and must be discharged had pleaded guilty In the crime
conducted under such rules as will protect the charged does not violate the rule that the
innocent. discharged defendant must not "appear to be the
most guilty”. And even if the witness should lack
some of the qualifications enumerated by Sec. 9,
80
Rule 119, his testimony will not, for that reason
Department of Justice Circular No.55, dated 31 July 1990. alone, be discarded or disregarded.10 The ground
81
Amatan vs. Aujero 248 SCRA 511(1995).



underlying the rule is not to let a crime that has vi) he has not at any time been convicted of
been committed go unpunished; so an accused any crime involving moral turpitude.
who is not the most guilty is allowed to testify SEC. 10. Motions for postponement of accused. -
against the most guilty, in order to achieve the Motions for postponement that are initiated by the
greater purpose of securing the conviction of the accused should be vigorously opposed by the Trial
more or most guilty and the greatest number Prosecutor and he should make of record his objections
among the accused permitted to be convicted for thereto, leaving to the court's discretion the disposition
the offense they committed.' However, although an of the subject motions.
accused did not commit anv of the stabbing, it is a
mistake to discharge him as a state \witness where SEC. 11. Discontinuance of proceedings. - During the
he is bound in a conspiracy. All the perpetrators of presentation of the prosecution's evidence, the Trial
the offense bound in conspiracy are equally guilty. Prosecutor shall not cause or allow the discontinuance
of the proceedings except for other similarly
Said accused has not at any time been convicted of any compelling reasons not attributable to him.
offense involving moral turpitude.
SEC. 12. Presentation of evidence. - Each party is bound
Evidence adduced in support of the discharge shall to complete the presentation of his evidence within the
automatically form part of the trial. If the court denies trial dates assigned to him. After the lapse of said dates,
the motion for discharge of the accused as state the party is deemed to have completed his evidence
witness, his sworn statement shall be inadmissible in presentation. However, upon verified motion based on
evidence. serious reasons, the judge may allow the party
SEC. 8. Witness protection. - An accused who is additional trial dates in the afternoon; provided that
discharged from an information or criminal complaint said extension will not go beyond the three-month limit
in order that he may be a state witness as provided in computed from the first trial date.
the preceding section may, upon his petition, be Where a Trial Prosecutor, without good cause, secures
admitted to the Witness Protection Program under R.A. postponements of the trial over the objections of a
No.6981, "The Witness Protection, Security and Benefit defendant beyond a reasonable period of time, the
Act" if he complies with the other requirements of said accused is entitled to relief by a proceeding in
Act. mandamus to compel a dismissal of the information, or
SEC. 9. Other persons who may avail of the Witness if he be restrained of his liberty, by habeas corpus to
Protection Program. -The following may also avail of the obtain his freedom.
Witness Protection Program under R.A. No. 6981: SEC. 13. Order of trial.- Upon receipt of the notice of trial,
a) Any person who has witnessed or has the prosecutor shall review the record of the case for
knowledge of or information on the trial and complete his preparation therefore bearing in
commission of a crime and has testified or is mind that trial, once commenced, may continue from
testifying or is about to testify before any day to day until terminated, and that trial shall proceed
judicial or quasi-judicial body, or before any in the following order pursuant to Sec. 3, Rule 119 of the
investigating authority, Provided, that: Rules of Criminal Procedure:
i) the offense in which his testimony will be a) The prosecution shall present evidence to prove the
used is a grave felony as defined under the charge and, in the proper case, the civil liability.
Revised Penal Code or its equivalent under b) The accused may present evidence to prove his
special laws; defense, and damages, if any, arising from the
ii) his testimony can be substantially issuance of any provisional remedy in the case.
corroborated on its material points; c) The parties may then respectively present rebutting
iii) he or any member of his family within the evidence only, unless the court, in furtherance of
second civil degree of consanguinity or justice, permits them to present additional
affinity is subjected to threats to his life or evidence bearing upon the main issue.
bodily injury or there is a likelihood that he d) Upon admission of the evidence, the case shall be
will be killed, forced, intimidated, harassed deemed submitted for decision unless the court
or corrupted to prevent him from testifying, directs the parties to argue orally or to submit
or to testify falsely or evasively, because or memoranda.
on account of his testimony; and
e) However, when the accused admits the act or
iv) he is not a law enforcement officer, even if omission charged in the complaint or information
he would be testifying against other law but interposes a lawful defense, the order of trial
enforcement officers. In such a case, only may be modified accordingly.
the immediate members of his family may
avail themselves of the protection provided SEC. 14. Presentation of witnesses.- The order in the
for under the Act. presentation of witnesses shall, as far as practicable,
conform to the logical sequence of events obtaining in
b) Any person who has participated in the the case on trial in order to present a clear, organized
commission of a crime and desires to be a and coherent picture to the court of the prosecution's
witness for the State, whenever the following evidence.
circumstances are present:
For example, in the case of prosecution under the
i) the offense in which testimony will be used Dangerous Drugs Law, the Trial Prosecutor should
is a grave felony as defined under the present the forensic chemist who examined the
Revised Penal Code or its equivalent under dangerous drug ahead of the other witnesses in order
special laws; that the court may at once have a view of the real
ii) there is absolute necessity for his evidence (either the prohibited or regulated drug
testimony; subject of the case) and so that such evidence may
iii) there is no other direct evidence available immediately identified by the other witnesses thus
for the proper prosecution of the offense avoiding the recall of witnesses later on.
committed; The rule of logical sequencing notwithstanding, a
iv) his testimony can be substantially witness whose testimony is vital to the case and whose
corroborated on its material points; life is in danger or who may be sick/injured arid may
possibly die, should be made to testify as early as
v) he does not appear to be the most guilty; practicable.
and
SEC. 15. Examination of witnesses for the



prosecution.-Where it shall satisfactorily appear that the composed of three (3) members. The Court may sit en
witness for the prosecution is too sick or infirm to banc for the purpose of exercising administrative,
appear at the trial as directed by order of the court, or ceremonial or other nonadjudicatory functions. (as
has to leave the Philippines with no definite date of amended by Exec. Order No. 33; RA No 8246)
returning thereto, he may forthwith be conditionally Section 5. Succession to Office of Presiding Justice. – In
examined before the judge or the court where the case case of a vacancy in the absence of inability to perform
is pending. Such examination in the presence of the the powers, functions, and duties of his office, the
accused, or after reasonable notice to attend the associate Justice who is first in precedence shall
examination has been served on him, will be conducted perform his powers, functions, and duties until such
in the same manner as an examination at the trial. disability is removed, or another Presiding Justice is
Failure or refusal on the part of the accused to attend appointed and has qualified.
the examination after notice herein before provided,
shall be considered a waiver. The statement thus taken Section 6. Who presides over session of a division. – If
may be admitted on behalf of or against the accused. the Presiding Justice is present in any session of a
division of the Court, he shall preside. In his absence,
SEC. 16. Cross-Examination of defense witnesses. The the Associate Justice attending such session who has
prosecutor shall endeavor to secure well in advance all precedence shall preside.
available information about a defense witness in order
to prepare for an effective cross-examination. Where Section 7. Qualifications. – The Presiding Justice and
the testimony of a defense witness bears no effect on the Associate Justice shall have the same qualifications
the evidence of the prosecution, a cross-examination as those provided in Constitution for Justice of the
need not be conducted. Supreme Court.
SEC. 17. Rebuttal evidence.- The presentation and Section 8. Grouping of Divisions. – (Expressly repealed
nature of rebuttal evidence will depend on the effect by Section 4, Exec. Order No. 33, July 28, 1986.)
which the defense evidence may have caused on the Section 9. Jurisdiction. – The Court of Appeals shall
prosecution's evidence-in-chief. The recall of a witness Exercise:
who already testified during the evidence-in-chief
presentation merely to refute what a defense witness 1. Original jurisdiction to issue writs of mandamus,
may have stated during his defense testimony is not prohibition, certiorari, habeas corpus, and quo
generally a rebuttal evidence. \Where there is nothing warranto,and auxiliary writs or processes, whether or
to refute, rebuttal evidence is unnecessary. not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for
annulment of judgements of Regional Trial Courts; and
BP Blg 129 | The Judiciary 3. Exclusive appellate jurisdiction over all final
Reorganization Act of 1980 judgements, resolutions, orders or awards of Regional
Trial Courts and quasi-judicial agencies,
as amended by EO No 33, s. of 1986; RA Nos 7154, 7691, instrumentalities, boards or commission, including the
7902, 8246 Securities and Exchange Commission, the Social
AN ACT REORGANIZING THE JUDICIARY, Security Commission, the Employees Compensation
APPROPRIATING FUNDS THEREFOR, AND FOR Commission and the Civil Service Commission, Except
OTHER PURPOSES those falling within the appellate jurisdiction of the
Supreme Court in accordance with the Constitution,
the Labor Code of the Philippines under Presidential
Decree No. 442, as amended, the provisions of this Act,
PRELIMINARY CHAPTER and of subparagraph (1) of the third paragraph and
subparagraph 4 of the fourth paragraph od Section 17
Section 1. Title. – This Act shall be known as "The of the Judiciary Act of 1948.
Judiciary Reorganization Act of 1980."
The court of Appeals shall have the power to try cases
Section 2. Scope. – The reorganization herein provided and conduct hearings, receive evidence and perform
shall include the Court of Appeals, the Court of First any and all acts necessary to resolve factual issues
Instance, the Circuit Criminal Courts, the Juvenile and raised in cases falling within its original and appellate
Domestic Relations Courts, the Courts of Agrarian jurisdiction, including the power to grant and conduct
Relations, the City Courts, the Municipal Courts, and the new trials or Appeals must be continuous and must be
Municipal Circuit Courts. completed within three (3) months, unless extended by
the Chief Justice. (as amended by R.A. No. 7902.)
CHAPTER I COURT OF APPEALS Section 10. Place of holding sessions. – The Court of
Appeals shall have its permanent stations as follows:
Section 3. Organization. – There is hereby created a The first seventeen (17) divisions shall be stationed in
Court of Appeals which shall consist of a Presiding the City of Manila for cases coming from the First to the
Justice and sixty-eight (68) Associate Justices who shall Fifth Judicial Regions; the Eighteenth, Nineteenth, and
be appointed by the President of the Philippines. The Twentieth Divisions shall be in Cebu City for cases
Presiding Justice shall be so designated in his coming from the Sixth, Seventh and Eighth Judicial
appointment, and the Associate Justices shall have Regions; the Twenty-first, Twenty-second and
precedence according to the dates of their respective Twenty-third Divisions shall be in Cagayan de Oro City
appointments, or when the appointments of two or for cases coming from the Ninth, Tenth, Eleventh, and
more of them shall bear the same date, according to Twelfth Judicial Regions. Whenever demanded by
the order in which their appointments were issued by public interest, or whenever justified by an increase in
the President. Any member who is reappointed to the case load, the Supreme Court, upon its own initiative or
Court after rendering service in another position in the upon recommendation of the Presiding Justice of the
government shall retain the precedence to which he Court of Appeals, may authorize any division of the
was entitled under his original appointment. and his Court to hold sessions periodically, or for such periods
service in the Court shall, for all intents and purposes, and at such places ;as the Supreme Court may
be considered as continuous and uninterrupted. (as determine. for the purpose of hearing and deciding.
amended by Exec. Order No. 33,, July 28, 1986; RA No cases. Trials or hearings in the Court of Appeals must be
8246) continuous and must be completed within three (3)
Section 4. Exercise of powers and functions. – The months unless extended by the Chief Justice of the
Court of Appeals shall exercise its powers, functions, Supreme Court. (as amended by RA No 8246)
and duties through twenty-three (23) divisions. each


Section 11. Quorum – A majority of the actual members Mandaluyong, and the municipalities of Navotas,
of the Court shall constitute a quorum for its session en Malabon, San Juan, Makati, Pasig, Pateros, Taguig,
banc. Three members shall constitute a quorum for the Marikina, Parañaque, Las Piñas, Muntinlupa, and
session of a division. The unanimous vote of the three Valenzuela;
members of a division shall be necessary for the The Fourth Judicial Region, consisting of the provinces
pronouncement of a decision of final resolution, which of Batangas, Cavite, Laguna, Marinduque, Mindoro
shall be reached in consultation before the writing of Occidental, Mindoro Oriental, Palawan, Quezon, Rizal
the opinion by any members of the division. In the (except the cities and municipalities embraced within
event that the three members do not reach a the National Capital Judicial Region, Romblon, and
unanimous vote, the Presiding Justice shall request the Aurora, and the cities of Batangas, Cavite, Lipa, Lucena,
Raffle Committee of the Court for the designation of Puerto Princessa, San Pablo, Tagaytay, and Trece
two additional Justice to sit temporarily with them, Martires;
forming a special division of five members and the
concurrence of a majority of such division shall be The Fifth Judicial Region, consisting of the provinces of
necessary for the pronouncement of a decision or final Albay, Camarines Sur, Camarines Norte, Catanduanes,
resolution. The designation of such additional Justice Masbate, and Sorsogon, and the cities of Legaspi, Naga
shall be made strictly by raffle. and Iriga;
A month for reconsideration of its decision or final The Sixth Judicial Region, consisting of the provinces of
resolution shall be resolved by the Court within ninety Aklan, Antique, Capiz, Iloilo, La Calota, Roxas, San Carlos,
(90) days from the time it is submitted for resolution, and Silay, and the subprovince of Guimaras;
and no second motion for reconsideration from the The Seventh Judicial Region, consisting of the
same party shall be entertainment. (as amended by provinces of Bohol, Cebu, Negros Oriental, and Siquijor,
Exec. Order No. 33, July 28, 1986.) and the cities of Bais, Canlaon, Cebu, Danao,
Section 12. Internal Rules. – The court en banc is Dumaguete, Lapu-lapu, Mandaue, Tagbilaran, and
authorized to promulgate rules or orders governing the Toledo,
constitution of the divisions and the assignment of The Eighth Judicial Region, consisting of the provinces
Appellate Justices thereto, the distribution of cases, and or Eastern Samar, Leyte, Northern, Samar, Southern
other matters pertaining to the operations of the Court Leyte, Ormoc, and Tacloban:
of its divisions. Copies of such rules and orders shall be
furnished by the Supreme Court, which rules and The Ninth Judicial Region, consisting of the provinces of
orders shall be effective fifteen (15) days after receipt Basilan, Sulu, Tawi-Tawi, Zamboanga del Sur, and the
thereof, unless directed otherwise by the Supreme cities of Dapitan, Dipolog, Pagadian, and Zamboanga;
Court. The Tenth Judicial Region, consisting of the provinces
of Agusan del Norte, Agusan del Sur, Bukidnon,
Camiguin, Misamis Occidental, Misamis Oriental, and
CHAPTER II REGIONAL TRIAL COURTS Surigao del Norte, and the cities of Butuan, Cagayan de
Section 13. Creation of Regional Trial Courts. – There Oro, Gingoog, Ozamis, Oroquieta, Surigao, and Tangub;
are hereby created thirteen (13) Regional Trial Courts, The Eleventh Judicial Region, consistingnof the
one for each of the following judicial regions: provinces of Davao del Norte, Davao Oriental, Davao del
The First Judicial Region, consisting of the provinces of Sur, South Cotabato, and Surigao del Sur, and the cities
Abra, Benguet, Ilocos Norte, Ilocos Sur, La Union, of Davao, and General Santos; and
Mountain Province, and Pangasinan, and cities of The Twelfth Judicial Region, consisting of the provinces
Baguio, Dagupan, Laog and San Carlos; of Lanao del Norte, Lanao del Sur, Maguindanao, North
The Second Judicial Region, consisting of the provinces Cotabato, and Sultan Kudarat, and the cities of
of Batanes, Cagayan, Ifugao, Kalinga-Apayao, Nueva Cotabato, Iligan, and Marawi.
Viscaya, and Quirino; In case of transfer or redistribution of the provinces,
The Third Judicial Region, consisting of the provinces of subprovinces, cities or municipalities comprising the
Bataan, Bulacan (except the municipality of valenzuela), regions established by law of purposes of the
Nueva Ecija, Pampanga, Tarlac, and Zambales, and the administrative field organization of the various
cities of Angeles, Cabanatuan, Olongapo, Palayan and departments and agencies of the government, the
San Jose; composition of the judicial regions herein constituted
shall be deemed modified accordingly.
The National Capital Judicial Region, consisting of the
cities of Manila, Quezon, Pasay, Caloocan and
Section 14. Regional Trial Court.

Judicial REGIONAL TRIAL COURTS
Region
(Original Amendatory
RA 7154 Political Division Stations Add Stations Total
Seats) Law
1 Three Abra Bangued and Bucay; 3

(70)
Fourteen Benguet and the Baguio City, La 2 City of Baguio RA 10696 16
City of Baguio Trinidad, and Buguias;
Ten Ilocos Norte and Laoag City, Batac, and 10

the City of Laoag Bangui;
Six Ilocos Sur Vigan, Narvacan, 2 Candon and RA 7472 9

Cabigao and Tagudin; Ilocos Sur
1 Vigan RA 10714


Eleven La Union San Fernando, Agoo, 11

Bauang, and Balaoan;
Two Mountain Bontoc; and 2

Province
Twenty- four Pangasinan and Lingayen, Dagupan 1 Urdaneta RA 10567 28

the Cities of City, Urdaneta, Villasis,
Dagupan and Tayug, Rosales, 3 Alaminos, RA 10710
San Carlos Alaminos, Burgos, and Dagupan, San
San Carlos City. Carlos
2 One Batanes Basco 1

(38)
Three Ifugao Lagawe, Alfonso Lista, 3
and Banaue;
Eleven Isabela Ilagan, Cauayan, 1 RA 10538 12

Santiago, Cabagan,
Roxas, and Echague; Cauayan
Two Kalinga-Apayao Tabuk and Luna; 1 Lubuagan, RA 10298 3

Kalinga
Five Nueva Vizcaya Bayombong and 5

Bambang; and
Three Quirino Cabarroguis and 3

Maddela.
Five Bataan Balanga, Mariveles, and 2 City of Balanga RA 9680 10

Dinalupihan;
3 Mariveles and RA 9680
Dinalupihan
3 Twenty- Bulacan (except Malolos; 3 Malolos City RA 10521 32

(89) seven the Municipality
of Valenzuela) 1 City of San Jose RA 10695
del Monte
1 Meycauayan RA 10702
Twenty- two Nueva Ecija and Cabanatuan City, 1 City of San Jose RA 10700 24
the Cities of Guimba, Gapan, Sto.
Cabanatuan, San Domingo, San Jose
Jose and City, and Palayan City; 1 Science City of RA 10739
Palayan Muñoz
Twenty- two Pampanga and San Fernando, Guagua, 6 Angeles City RA 10582 30
the City of Macabebe, and
Angeles Angeles City; 2 Angeles City RA 10694
Six Tarlac Tarlac, Capas, Paniqui, 4 Paniqui RA 10562 15

and Camiling; and
1 Capas RA 10563
2 Tarlac City RA 10564
1 Camiling RA 10564
1 Concepcion RA 10564
Seven Zambales and Iba and Olongapo City. 4 Olongapo City RA 10581 11
the City of
Olongapo
NCR Ninety-seve the City of 75

(276) n Manila
Forty-eight Quezon City 19 RA 10704 49
Thirteen Pasay City 5 RA 10711 14
Thirteen Caloocan City 14
City of Navotas 3 RA 10299 4
Fifty-eight Makati City 51
Thirty-four Pasig City 24


Five Malabon City 5 RA 10520 11
Two Marikina City 9
Mandaluyong 5 RA 9848 13

City
One Parañaque City 3 RA 10713 9
One Las Piñas City 11
One Muntinlupa 8
Three the Municipality 4 RA 10341 10

of Valenzuela
Taguig City 15
San Juan City 1
4 Nineteen Batangas and Batangas City, Lemery, 1 Tanauan RA 10302 20

(96) the Cities of Lipa Taal, Tanauan, Balayan,
and Batangas Lipa City, Nasugbu, and
Rosario;
Twelve Cavite and the Naic, Cavite City, 1 Carmona RA 10249 40
Cities of Cavite, Bacoor, Imus, Trece
Tagaytay and Martires City, and 10 Bacoor RA 10454
Trece Martires Dasmariñas;
8 Imus RA 10454
RA 10454
2 Dasmariñas City
Trece Martires RA 10454

2 City
1 Naic RA 10454
4 Tagaytay City RA 10454
Seventeen Laguna and the Biñan, San Pedro, Sta. 2 Sta. Rosa City RA 10162 35
City of San Pablo Cruz, San Pablo City,
Siniloan, and Calamba; 3 City of Calamba RA 10339
1 Los Baños RA 10339
1 Cabuyao RA 10339
3 San Pedro RA 10517
1 Siniloan RA 10523
1 Sta. Cruz RA 10543
6 Biñan RA 10569
Two Marinduque Boac 2
Five Mindoro Oriental Calapan, Pinamalayan, 1 Initao RA 10701 7

and Roxas;
1 Calapan City RA 10880
Three Mindoro Mamburao and San 3

Occidental Jose;
Seven Palawan and the Puerto Princesa City, 3 Puerto Princesa RA 10547 10
City of Puerto Roxas, Brooke's Point,
Princesa and Coron;
Thirteen Quezon and the Lucena City, Gumaca, 2 Lucena RA 10518 17
City of Lucena Calauag, Mauban, and
Infanta; 2 Gumaca RA 10539
Two Aurora Baler 1 Casiguran RA 10303 3
Fourteen Rizal, except the Binangonan, Antipolo, 4 Antipolo RA 9377 40

cities and San Mateo, Morong,
municipalities and Tanay; and 15 Antipolo RA 10568
embraced
within the



National Capital 5 Morong RA 10580

Judicial Region
2 San Mateo RA 10603
Two Romblon Romblon and 1 Cajidiocan, RA 10300 3

Odiongan. Island of
Sibuyan
5 Eighteen Albay and the Legaspi City, Ligao, and 18

(65) City of Legaspi Tabaco;
Twenty-seve Camarines Sur Naga City, Libmanan, 27

n and the Cities of Tigaon, San Jose, Pili,
Naga and Iriga Iriga City, Buhi, Nabua,
Sipocot, Ragay, and
Calabanga;
Five Camarines Norte Daet and Labo; 5
Two Catanduanes Virac 2
Seven Masbate Masbate, Claveria, 7

Cataingan, and San
Jacinto; and
Six Sorsogon Sorsogon, Gubat, Irosin, 1 City of Sorsogon RA 10712 7

and Bulan.
6 Nine Aklan Kalibo; 9

(69)
Five Antique San Jose, Culasi, and 5
Bugasong;
Eight Capiz and the Roxas City and 8

City of Roxas Mambusao;
Twenty-two Iloilo, the Iloilo City, Barotac Viejo, 2 Barotac Viejo RA 10245 26
Sub-province of Guimbal, and
Guimaras, and Dumangas; and 1 Guimbal RA 10248
the City of Iloilo
1 Janiuay RA 10392
Twenty-five Negros Silay City, Bacolod City, 1 Sagay RA 10247 32

Occidental and Himamaylan, San
the Cities of Carlos City, Cadiz City, 2 La Carlota and RA 10250
Bacolod, Bago, Kabankalan, Bago City, Bago
Cadiz, La La Carlota City, Sipalay,
Carlota, San and Sagay 1 Sipalay City RA 10371
Carlos and Silay
3 City of Bacolod RA 10715
7 Ten Bohol and the Tagbilaran City, 1 Talibon RA 10579 11

(64) City of Carmen, Talibon, and
Tagbilaran Loay;
Thirty-five Cebu and the Cebu City, Danao City, 2 Talisay City RA 9375 70
Cities of Cebu, Argao, Lapu-Lapu City,
Danao, Mandaue City, Toledo 5 City of Bogo RA 10340
Lapu-Lapu, City, Barili, Bogo, and
Mandaue and Oslob; 1 City of Naga RA 10348
Toledo
1 City of Carcar RA 10348
7 Mandaue City RA 10363
2 Toledo City RA 10519
4 Barili RA 10540
2 Argao RA 10544
3 Danao City RA 10545
1 Cebu City RA 10570
7 Lapu-Lapu City RA 10578
Eighteen Negros Oriental Dumaguete City, 1 Bais RA 10571 20

and the Cities of Bayawan, Guihulngan,
Dumaguete, Bais City, Tanjay; and
1 Guihulngan RA 10703


Bais and
Canlaon
One Siquijor Siquijor 1
8 Five Eastern Samar Borongan, Guiuan, 1 Balangiga RA 9307 6

(41) Dolores, and Oras;
Seventeen Leyte, the Tacloban City, Abuyog, 2 Tacloban RA 9373 22

Sub-province of Calubian, Ormoc City,
Biliran, and the Carigara, Baybay, 2 Tacloban RA 10244
Cities of Ormoc Burauen, Naval,
and Tacloban Palompon, Hilongos, 1 Ormoc RA 10541
and Caibiran;
Six Northern Samar Catarman, Laoang, 6

Allen, and Gamay;
Four Southern Leyte Maasin, San Juan, and 4

Sogod; and
Nine Samar and the Catbalogan, Basey, 9

City of Calbayog Calbayog City, Calbiga,
Tarangnan, and
Gandara.
9 Two Basilan Isabela 2

(30)
Three Sulu Jolo, Parang, and Siasi; 3
Two Tawi-Tawi Bongao and 2

Sapa-Sapa;
Eight Zamboanga del Dipolog City, 8

Norte and the Sindangan, Siocon, and
Cities of Dipolog Liloy; and
and Dapitan
Fifteen Zamboanga del Zamboanga City, 4 Zamboanga RA 10301 18

Sur and the Pagadian City, Molave, City
Cities of San Miguel, Ipil, and
Pagadian and Aurora.
Zamboanga
RA 8973 Zamboanga 1 Imelda RA 9448 4

Sibugay
2 Ipil RA 10577
10 Seven Agusan del Butuan City and 7

(44) Norte and the Cabadbaran;
City of Butuan
Two Agusan del Sur Prosperidad and 1 Trento RA 10362 3

Bayugan;
Four Bukidnon Malaybalay, Don Carlos, 4 Malaybalay City RA 10602 8

and Manolo Fortich;
Seven Misamis Oroquieta City, 7

Occidental and Calamba, Ozamiz City,
the Cities of and Tangub City;
Oroquieta,
Ozamiz and
Tangub
Nineteen Misamis Oriental Cagayan de Oro City, 19

and the Cities of Medina, Gingoog City,
Cagayan de Oro and Initao;
and Gingoog
One Camiguin Mambajao 1
Four Surigao del Surigao City, Dapa, and 4

Norte and the Dinagat, Dinagat
City of Surigao Island.
11 Six Davao del Norte Tagum, Nabunturan, 6

(41) and Panabo;


Four Davao Oriental Mati, Baganga, and 4

Lupon;
Sixteen Davao del Sur Davao City, Digos, 3 Davao City RA 10243 19
and the City of Malita, and Bansalan;
Davao 1 Digos RA 10565
Ten South Cotabato General Santos City, 4 Koronadal and RA 9906 19
and the City of Koronadal, Surallah, Surallah
General Santos Alabel, and Polomolok;
and 4 General Santos RA 10393
City
2 Polomolok RA 10608
Five Surigao del Sur Tandag, Lianga, Bislig, 1 City of Bislig RA 10246 6
and Cantilan.
One Compostela Compostela and 2 RA 10252 3

Valley Mabini
Two Sarangani Alabel 5 RA 10123 7
12 Eight Lanao del Norte Iligan City, Kapatagan, 8

(25) and the City of and Tubod;
Iligan
Five Lanao del Sur Marawi City and 1 Wao RA 9423 6

and the City of Malabang;
Marawi
Three Maguindanao Cotabato City and 1 Cotabato City RA 10546 4

and the City of Maganoy;
Cotabato
Six North Cotabato Kabacan, Kidapawan, 1 Midsayap RA 10542 8

and Midsayap; and
1 Kidapawan RA 10576
Three Sultan Kudarat Isulan, Tacurong, and 3

Kalamansig.

assignment to another station within the meaning of
Section 15. Qualifications. – No persons shall be this section.
appointed Regional Trial Judge unless he is a Section 18. Authority to define territory appurtenant to
natural-born citizen of the Philippines, at least each branch. – The Supreme Court shall define the
thirty-five years of age, and for at least ten years, has territory over which a branch of the Regional Trial Court
been engaged in the practice of law in the Philippines shall exercise its authority. The territory thus defined
or has held a public office in the Philippines requiring shall be deemed to be the territorial area of the branch
admission to the practice of law as an indispensable concerned for purposes of determining the venue of all
requisite. suits, proceedings or actions, whether civil or criminal,
as well as determining the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts
Section 16. Time and duration of sessions. – The time
over the said branch may exercise appellate jurisdiction.
and duration of daily sessions of the Regional Trial
The power herein granted shall be exercised with a view
Courts shall be determined by the Supreme Court:
to making the courts readily accessible to the people of
Provided, however, That all motions, except those
the different parts of the region and making the
requiring immediate action, shall be heard in the
attendance of litigants and witnesses as inexpensive as
afternoon of every Friday, unless it falls on a holiday, in
possible.
which case, the hearing shall be held on the afternoon
of the next succeeding business day: Provided, further, Section 19. Jurisdiction in civil cases. – Regional Trial
That the Supreme Court may, for good reasons, fix a Courts shall exercise exclusive original jurisdiction:
different motion day in specified areas (1) In all civil actions in which the subject of the
Section 17. Appointment and assignment of Regional litigation is incapable of pecuniary estimation;
Trial Judges. – Every Regional Trial Judge shall be (2) In all civil actions which involve the title to, or
appointed to a region which shall be his permanent possession of, real property, or any interest therein,
station, and his appointment shall state the branch of where the assessed value of the property involved
the court and the seat thereof to which he shall be exceeds Twenty thousand pesos (P20,000.00) or for civil
originally assigned. However, the Supreme Court may actions in Metro Manila, where such the value exceeds
assign temporarily a Regional Trial Judge to another Fifty thousand pesos (50,000.00) except actions for
region as public interest may require, provided that forcible entry into and unlawful detainer of lands or
such temporary assignment shall not last longer than buildings, original jurisdiction over which is conferred
six (6) months without the consent of the Regional Trial upon Metropolitan Trial Courts, Municipal Trial Courts,
Judge concerned. and Municipal Circuit Trial Courts;
A Regional Trial Judge may be assigned by the (3) In all actions in admiralty and maritime jurisdiction
Supreme Court to any branch or city or municipality where he demand or claim exceeds One hundred
within the same region as public interest may require, thousand pesos (P100,000.00) or , in Metro Manila,
and such assignment shall not be deemed an


where such demand or claim exceeds Two hundred

thousand pesos (200,000.00); CHAPTER III METROPOLITAN TRIAL COURTS,
(4) In all matters of probate, both testate and intestate, MUNICIPAL TRIAL COURTS, AND MUNICIPAL
where the gross value of the estate exceeds One
hundred thousand pesos (P100,000.00) or, in probate CIRCUIT TRIAL COURTS
matters in Metro Manila, where such gross value Section 25. Establishment of Metropolitan Trial Courts,
exceeds Two hundred thousand pesos (200,000.00); Municipal Trial Courts and Municipal Circuit Trial
(5) In all actions involving the contract of marriage and Courts. – There shall be created a Metropolitan Trial
marital relations; Court in each metropolitan area established by law, a
Municipal Trial Court in each of the other cities or
(6) In all cases not within the exclusive jurisdiction of municipalities, and a Municipal Circuit Trial Court in
any court, tribunal, person or body exercising each circuit comprising such cities and/or
jurisdiction or any court, tribunal, person or body municipalities as are grouped together pursuant to law.
exercising judicial or quasi-judicial functions;
Section 26. Qualifications. – No person shall be
(7) In all civil actions and special proceedings falling appointed judge of a Metropolitan Trial Court,
within the exclusive original jurisdiction of a Juvenile Municipal Trial Court, or Municipal Circuit Trial Court
and Domestic Relations Court and of the Courts of unless he is a natural-born citizen of the Philippines, at
Agrarian Relations as now provided by law; and least 30 years of age, and, for at least five years, has
(8) In all other cases in which the demand, exclusive of been engaged in the practice of law in the Philippines,
interest, damages of whatever kind, attorney's fees, or has held a public office in the Philippines requiring
litigation expenses, and costs or the value of the admission to the practice of law as an indispensable
property in controversy exceeds One hundred requisite.
thousand pesos (100,000.00) or, in such other Section 27. Metropolitan Trial Courts of the National
abovementioned items exceeds Two hundred thousand Capital Region. – There shall be a Metropolitan Trial
pesos (200,000.00). (as amended by R.A. No. 7691*) Court in the National Capital Region, to be known as
Section 20. Jurisdiction in criminal cases. – Regional the Metropolitan Trial Court of Metro Manila, which
Trial Courts shall exercise exclusive original jurisdiction shall be composed of eighty-two (82) branches. There
in all criminal cases not within the exclusive jurisdiction shall be:
of any court, tribunal or body, except those now falling Thirty branches (Branches I to XXX) for the city of Manila
under the exclusive and concurrent jurisdiction of the with seats thereat;
Sandiganbayan which shall hereafter be exclusively
taken cognizance of by the latter. Thirteen branches (Branches XXXI to XLIII) for Quezon
City with seats thereat; +20 (RA 10480)
Section 21. Original jurisdiction in other cases. –
Regional Trial Courts shall exercise original jurisdiction: Five branches (Branches XLIV to XLVIII) for Pasay City
with seats thereat; +5 (RA 10711)
(1) In the issuance of writs of certiorari, prohibition,
mandamus, quo warranto, habeas corpus and Five branches (Branches XLIX to LIII) for Caloocan City
injunction which may be enforced in any part of their with seats thereat; +4 (RA 9374)
respective regions; and One branch (Branch LIV) for Navotas with seat thereat;
(2) In actions affecting ambassadors and other public +2 (RA 10299)
ministers and consuls. Two branches (Branches LV and LVI) for Malabon with
Section 22. Appellate jurisdiction. – Regional Trial seats thereat; +1 (RA 10520)
Courts shall exercise appellate jurisdiction over all cases Two branches (Branches LVII and LVIII) for San Juan
decided by Metropolitan Trial Courts, Municipal Trial with seats thereat;
Courts, and Municipal Circuit Trial Courts in their
respective territorial jurisdictions. Such cases shall be Two branches (Branches LIX and LX) for Mandaluyong
decided on the basis of the entire record of the with seats thereat; +11 (RA 9848)
proceedings had in the court of origin and such Seven branches (Branches LXI and LXVII) for Makati
memoranda and/or briefs as may be submitted by the with seats thereat; +6 (RA 10537)
parties or required by the Regional Trial Courts. The
Five branches (Branches LXVIII to LXXII) for Pasig with
decision of the Regional Trial Courts in such cases shall
seats thereat; +12 (RA 10566)
be appealable by petition for review to the
One branch (Branch LXXIII) for Pateros with seat
Court of Appeals which may give it due course only
thereat;
when the petition shows prima facie that the lower
court has committed an error of fact or law that will One branch (Branch LXXIV) for Taguig with seat thereat;
warrant a reversal or modification of the decision or +3 (RA 10381)
judgment sought to be reviewed. Two branches (Branches LXXV and LXXVI) for Marikina
Section 23. Special jurisdiction to try special cases. – with seats thereat; +4 (RA 9424)
The Supreme Court may designate certain branches of Two branches (Branches LXXVII and LXXVIII) for
the Regional Trial Courts to handle exclusively criminal Parañaque with seats thereat; +5 (RA 9376)
cases, juvenile and domestic relations cases, agrarian
cases, urban land reform cases which do not fall under One branch (Branch LXXIX) for Las Piñas with seat
the jurisdiction of quasi-judicial bodies and agencies, thereat; +4 (RA 10522)
and/or such other special cases as the Supreme Court One branch (Branch LXXX) for Muntinlupa with seat
may determine in the interest of a speedy and efficient thereat; +5 (RA 10251)
administration of justice.
Two branches (Branches LXXXI and LXXXII) for
Section 24. Special Rules of Procedure. – Whenever a Valenzuela with seats thereat; +3 (RA 10341)
Regional Trial Court takes cognizance of juvenile and
domestic relation cases and/or agrarian cases, the Section 28. Other Metropolitan Trial Courts. – The
special rules of procedure applicable under present Supreme Court shall constitute Metropolitan Trial
laws to such cases shall continue to be applied, unless Courts in such other metropolitan areas as may be
subsequently amended by law or by rules of court established by law whose territorial jurisdiction shall be
promulgated by the Supreme Court. co-extensive with the cities and municipalities
comprising the metropolitan area.
Every Metropolitan Trial Judge shall be appointed to a
metropolitan area which shall be his permanent station



and his appointment shall state branch of the court Section 30. Municipal Trial Courts. – In each of the
and the seat thereof to which he shall be originally municipalities that are not comprised within a
assigned. A Metropolitan Trial Judge may be assigned metropolitan area and a municipal circuit there shall be
by the Supreme Court to any branch within said a Municipal Trial Court which shall have one branch,
metropolitan area as the interest of justice may require, except as hereunder provided:
and such assignment shall not be deemed an Two branches for San Fernando, La Union;
assignment to another station within the meaning of
this section. Four branches for Tuguegarao;
Section 29. Municipal Trial Courts in cities. – In every Three branches for Lallo, and two branches for Aparri,
city which does not form part of a metropolitan area, both of Cagayan;
there shall be a Municipal Trial Court with one branch, Two branches for Santiago, Isabela;
except as hereunder provided:
Two branches each for Malolos, Meycauayan and
Two branches for Laoag City; Bulacan, all of Bulacan Province;
Four branches for Baguio City; Four branches for San Fernando and two branches for
Three branches for Dagupan City; Guagua, both of Pampanga;
Five branches for Olongapo City; Two branches for Tarlac, Tarlac;
Three branches for Cabanatuan City; Two branches for San Pedro, Laguna; and
Two branches for San Jose City; Two branches each for Antipolo and Binangonan, both
in Rizal.
Three branches for Angelen City;
Two branches for Daet, Camarines Norte; (RA 9449)
Two branches for Cavite City;
Two branches for Bacoor, Cavite; (RA 10454)
Two branches for Batangas City;
Three branches for Imus City, Cavite; (RA 10454)
Three branches for San Pablo City; (RA 9252)
Three branches for Dasmariñas City, Cavite (RA 10454)
Three branches for Lipa City; (RA 9276)
One branch for Carmona, Cavite (RA 10705)
Two branches for Lucena City;
One branch for General Mariano Alvarez, Cavite (RA
Three branches for Naga City; 10705)
Two branches for Iriga City; Section 31. Municipal Circuit Trial Court. – There shall
Three branches for Legaspi City; be a Municipal Circuit Trial Court in each area defined
Four branches for Roxas City; (RA 9274) as a municipal circuit, comprising one or more cities
and/or one or more municipalities. The municipalities
Ten branches for Iloilo City; (RA 9306) comprising municipal circuits as organized under
Seven branches for Bacolod City; Administrative Order No. 33, issued on June 13, 1978 by
the Supreme Court pursuant to Presidential Decree No.
Two branches for Dumaguete City; 537, are hereby constituted as municipal circuits for
Two branches for Tacloban City; purposes of the establishment of the Municipal Circuit
Trial Courts, and the appointment thereto of Municipal
Eight branches for Cebu City; Circuit Trial Judges: Provided, however, That the
Three branches for Mandaue City; Supreme Court may, as the interests of justice may
Four branches for Tagbilaran City; (RA 9309) require, further reorganize the said courts taking into
account workload, geographical location, and such
Two branches for Surigao City; other factors as will contribute to a rational allocation
Four branches for Butuan City; (RA 9310) thereof, pursuant to the provisions of Presidential
Decree No. 537 which shall be applicable insofar as they
Five branches for Cagayan de Oro City; are not inconsistent with this Act.
Seven branches for Davao City; Every Municipal Circuit Trial Judge shall be appointed
Three branches for General Santos City; to a municipal circuit which shall be his official station.
Two branches for Oroquieta City; The Supreme Court shall determine the city or
municipality where the Municipal Circuit Trial Court
Three branches for Ozamis City; shall hold sessions.
Two branches for Dipolog City; Section 32. Jurisdiction of Metropolitan Trial Courts,
Four branches for Zamboanga City; Municipal Trial Courts and Municipal Circuit Trial
Two branches for Pagadian City; Courts in criminal cases. – Except in cases falling within
the exclusive original jurisdiction of Regional Trial
Five branches for Iligan City (RA 9305) Courts and of the Sandiganbayan, the Metropolitan
Three branches for Calamba City. (RA 9308) Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts shall exercise:
Two branches for the Talisay City, Cebu (RA 9375)
(1) Exclusive original jurisdiction over all violations of city
Five branches for Antipolo City (RA 9377[5], 10568[5]) or municipal ordinances committed within their
Three branches for the City of San Jose del Monte, respective territorial jurisdiction; and
Bulacan (RA 9450) (2) Exclusive original jurisdiction over all offenses
Three branches for the Province of Palawan to be punishable with imprisonment not exceeding six (6)
stationed at Puerto Princesa City (RA 10253) years irrespective of the amount of fine, and regardless
of other imposable accessory or other penalties,
Seven branches for Cagayan De Oro City; (RA 10254) including the civil liability arising from such offenses or
Fourteen branches for Cebu City (RA 10570) predicated thereon, irrespective of kind, nature, value,
Three branches for Lapu-Lapu City (RA 10578) or amount thereof: Provided, however, That in offenses
involving damage to property through criminal
One branch for the City of Mabalacat, Pampanga (RA negligence they shall have exclusive original jurisdiction
10694) thereof. (as amended by R.A, No. 7691)
Six branches for Baguio City (RA 10696) Section 33. Jurisdiction of Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial


Courts in civil cases. – Metropolitan Trial Courts, Section 37. Preliminary investigation. – Judges of
Municipal Trial Courts, and Municipal Circuit Trial Courts Metropolitan Trial Courts, except those in the National
shall exercise: Capital Region, of Municipal Trial Courts, and Municipal
(1) Exclusive original jurisdiction over civil actions and Circuit Trial Courts shall have authority to conduct
probate proceedings, testate and intestate, including preliminary investigation of crimes alleged to have
the grant of provisional remedies in proper cases, been committed within their respective territorial
where the value of the personal property, estate, or jurisdictions which are cognizable by the Regional Trial
amount of the demand does not exceed One hundred Courts.
thousand pesos (P100,000.00) or, in Metro Manila where The preliminary investigation shall be conducted in
such personal property, estate, or amount of the accordance with the procedure prescribed in Section 1,
demand does not exceed Two hundred thousand pesos paragraphs (a), (b), (c), and (d), of Presidential Decree
(P200,000.00) exclusive of interest damages of No. 911: Provided, however, That if after the preliminary
whatever kind, attorney's fees, litigation expenses, and investigation the Judge finds a prima facie case, he
costs, the amount of which must be specifically alleged: shall forward the records of the case to the
Provided, That where there are several claims or causes Provincial/City Fiscal for the filing of the corresponding
of action between the same or different parties, information with the proper court.
embodied in the same complaint, the amount of the No warrant of arrest shall be issued by the Judge in
demand shall be the totality of the claims in all the connection with any criminal complaint filed with him
causes of action, irrespective of whether the causes of for preliminary investigation, unless after an
action arose out of the same or different transactions; examination in writing and under oath or affirmation of
(2) Exclusive original jurisdiction over cases of forcible the complainant and his witnesses, he finds that a
entry and unlawful detainer: Provided, That when, in probable cause exists.
such cases, the defendant raises the question of Any warrant of arrest issued in accordance herewith
ownership in his pleadings and the question of may be served anywhere in the Philippines.
possession cannot be resolved without deciding the
issue of ownership, the issue of ownership shall be Section 38. Judgments and processes. –
resolved only to determine the issue of possession. (1) All judgments determining the merits of cases shall
(3) Exclusive original jurisdiction in all civil actions which be in writing, stating clearly the facts and the law on
involve title to, or possession of, real property, or any which they were based, signed by the Judge and filed
interest therein where the assessed value of the with the Clerk of Court. Such judgment shall be
property or interest therein does not exceed Twenty appealable to the Regional Trial Courts in accordance
thousand pesos (P20,000.00) or, in civil actions in Metro with the procedure now prescribed by law for appeals
Manila, where such assessed value does not exceed to the Court of First Instance, by the provisions of this
Fifty thousand pesos (P50,000.00) exclusive of interest, Act, and by such rules as the Supreme Court may
damages of whatever kind, attorney's fees, litigation hereafter prescribe.
expenses and costs: Provided, That value of such (2) All processes issued by the Metropolitan Trial Courts,
property shall be determined by the assessed value of Municipal Trial Courts and Municipal Circuit Trial Courts,
the adjacent lots. (as amended by R.A. No. 7691) in cases falling within their jurisdiction, may be served
Section 34. Delegated jurisdiction in cadastral and anywhere in the Philippines without the necessity of
land registration cases. – Metropolitan Trial Courts, certification by the Judge of the Regional Trial Court.
Municipal Trial Courts, and Municipal Circuit Trial Courts
may be assigned by the Supreme Court to hear and
determine cadastral or land registration cases covering CHAPTER IV GENERAL PROVISIONS
lots where there is no controversy or opposition, or Section 39. Appeals. – The period for appeal from final
contested lots the where the value of which does not orders, resolutions, awards, judgments, or decisions of
exceed One hundred thousand pesos (P100,000.00), any court in all cases shall be fifteen (15) days counted
such value to be ascertained by the affidavit of the from the notice of the final order, resolution, award,
claimant or by agreement of the respective claimants if judgment, or decision appealed from: Provided
there are more than one, or from the corresponding tax however, That in habeas corpus cases, the period for
declaration of the real property. Their decisions in these appeal shall be forty-eight (48) hours from the notice of
cases shall be appealable in the same manner as the judgment appealed from.
decisions of the Regional Trial Courts. (as amended by
R.A. No. 7691) No record on appeal shall be required to take an appeal.
In lieu thereof, the entire record shall be transmitted
Section 35. Special jurisdiction in certain cases. – In the with all the pages prominently numbered
absence of all the Regional Trial Judges in a province or consecutively, together with an index of the contents
city, any Metropolitan Trial Judge, Municipal Trial Judge, thereof.
Municipal Circuit Trial Judge may hear and decide
petitions for a writ of habeas corpus or applications for This section shall not apply in appeals in special
bail in criminal cases in the province or city where the proceedings and in other cases wherein multiple
absent Regional Trial Judges sit. appeals are allowed under applicable provisions of the
Rules of Court.
Section 36. Summary procedures in special cases. – In
Metropolitan Trial Courts and Municipal Trial Courts Section 40. Form of decision in appealed cases. – Every
with at least two branches, the Supreme Court may decision of final resolution of a court in appealed cases
designate one or more branches thereof to try shall clearly and distinctly state the findings of fact and
exclusively forcible entry and unlawful detainer cases, the conclusions of law on which it is based, which may
those involving violations of traffic laws, rules and be contained in the decision or final resolution itself, or
regulations, violations of the rental law, and such other adopted by reference from those set forth in the
cases requiring summary disposition as the Supreme decision, order, or resolution appealed from.
Court may determine. The Supreme Court shall adopt Section 41. Salaries. – Intermediate Appellate Justices,
special rules or procedures applicable to such cases in Regional Trial Judges, Metropolitan Trial Judges,
order to achieve an expeditious and inexpensive Municipal Trial Judges, and Municipal Circuit Trial
determination thereof without regard to technical rules. Judges shall receive such compensation and
Such simplified procedures may provide that affidavits allowances as may be authorized by the President
and counter-affidavits may be admitted in lieu of oral along the guidelines set forth in Letter of
testimony and that the periods for filing pleadings shall Implementation No. 93 pursuant to Presidential Decree
be non-extendible. No. 985, as amended by Presidential Decree No. 1597.


Section 42. Longevity pay. – A monthly longevity pay Three hundred thousand pesos (P300,000.00):
equivalent to 5% of the monthly basic pay shall be paid Provided, however, That in the case of Metro Manila, the
to the Justices and Judges of the courts herein created abovementioned jurisdictional amounts shall be
for each five years of continuous, efficient, and adjusted after five (5) years from the effectivity of this
meritorious service rendered in the judiciary; Provided, Act of Four hundred thousand pesos (P400,000.00).
That in no case shall the total salary of each Justice or Section. 7. The provisions of this Act shall apply to all
Judge concerned, after this longevity pay is added, civil cases that have not yet reached the pre-trial stage.
exceed the salary of the Justice or Judge next in rank. However, by agreement of all the parties, civil cases
Section 43. Staffing pattern. – The Supreme Court shall cognizable by municipal and metropolitan courts by
submit to the President, within thirty (30) days from the the provisions of this Act may be transferred from the
date of the effectivity of this Act, a staffing pattern for Regional Trial Courts to the latter. The executive judge
all courts constituted pursuant to this Act which shall of the appropriate Regional Trial Court shall define the
be the basis of the implementing order to be issued by administrative procedure of transferring the cases
the President in accordance with the immediately affected by the redefinition of jurisdiction to the
succeeding section. Metropolitan Trial Courts, Municipal Trial Court, and
Section 44. Transitory provisions. – The provisions of Municipal Circuit Trial Court.
this Act shall be immediately carried out in accordance *Criminal cases falling within the jurisdiction of Family
with an Executive Order to be issued by the President. Courts (established by the Family Courts Act of 1997
The Court of Appeals, the Courts of First Instance, the [R.A. No. 8369]) have been transferred from
Circuit Criminal Courts, the Juvenile and Domestic Metropolitan trial Courts, Municipal Trial Courts,
Relations Courts, the Courts of Agrarian Relations, the Municipal trial Court in Cities, Municipal Trial Courts and
City Courts, the Municipal Courts, and the Municipal Municipal Circuit Trial Courts to Regional trial Courts
Circuit Courts shall continue to function as presently under A.M. No. 99-1-13-SC effective March 1, 1999.
constituted and organized, until the completion of the
reorganization provided in this Act as declared by the
President. Upon such declaration, the said courts shall
be deemed automatically abolished and the PD No 1606 | An Act Establishing the
incumbents thereof shall cease to hold office. The cases Sandiganbayan
pending in the old Courts shall be transferred to the
appropriate Courts constituted pursuant to this Act, As amended by PD Nos 1629, 1860, 1861; EO No 101, s. of
together with the pertinent functions, records, 1986, 184, s. of 1987; RA Nos 7975, 8249, 10660
equipment, property and the necessary personnel. December 10, 1978
The applicable appropriations shall likewise be REVISING PRESIDENTIAL DECREE NO. 1486
transferred to the appropriate courts constituted CREATING A SPECIAL COURT TO BE KNOWN AS
pursuant to this Act, to be augmented as may be "SANDIGANBAYAN" AND FOR OTHER PURPOSES
necessary from the funds for organizational changes as
provided in Batas Pambansa Blg. 80. Said funding shall WHEREAS, the new Constitution declares that a public
thereafter be included in the annual General office is a public trust and ordains that public officers
Appropriations Act. and employees shall serve with the highest degree of
responsibility, integrity, loyalty and efficiency and shall
Section 45. Shari'a Courts. – Shari'a Courts to be remain at all times accountable to the people;
constituted as provided for in Presidential Decree No.
1083, otherwise known as the "Code of Muslim Personal WHEREAS, to attain the highest norms of official
Laws of the Philippines," shall be included in the conduct required of public officers and employees,
funding appropriations so provided in this Act. Section 5, Article XIII of the New Constitution provides
for the creation of a special court to be known as
Section 46. Gratuity of judges and personnel Sandiganbayan;
separated from office. – All members of the judiciary
and subordinate employees who shall be separated NOW, THEREFORE, I, FERDINAND E. MARCOS,
from office by reason of the reorganization authorized President of the Philippines, by virtue of the powers in
herein, shall be granted a gratuity at a rate equivalent me vested by the Constitution, do hereby order and
to one month's salary for every year of continuous decree as follows:
service rendered in any branch of the government or Section 1. Sandiganbayan; composition; qualifications;
equivalent nearest fraction thereof favorable to them tenure; removal and composition. Sandiganbayan;
on the basis of the highest salary received: Provided, Composition, Qualifications; Tenure; Removal and
That such member of the judiciary or employee shall Compensation. - A special court, of the same level as
have the option to retire under the Judiciary the Court of Appeals and possessing all the inherent
Retirement Law or general retirement law, if he has powers of a court of justice, to be known as the
met or satisfied the requirements therefor. Sandiganbayan is hereby created composed of a
Section 47. Repealing clause. – The provisions of presiding justice and fourteen associate justices who
Republic Act No. 296, otherwise known as the Judiciary shall be appointed by the President. (as amended by
Act of 1948, as amended, of Republic Act No. 5179 as RA No 8249)
amended, of the Rules of Court, and of all other No person shall be appointed Presiding Justice or
statutes, letters of instructions and general order or Associate Justice of the Sandiganbayan; unless he is a
parts thereof, inconsistent with the provisions of this natural-born citizen of the Philippines, at least 40 years
Act are hereby repealed or accordingly modified. of age and for at least ten years has been a judge of a
Section 48. Date of Effectivity. – This Act shall take court of record or been engaged in the practice of law
effect immediately. in the Philippines or has held office requiring admission
to the bar as a pre-requisite for a like period.
Approved: August 14, 1981
The Presiding Justice shall be so designated in his
Footnotes commission and the other Justices shall have
*Other provisions of the Act: precedence according to the dates of their respective
commissions, or, when the commissions of two or more
Section. 5. After five(5) years from the effectivity of this of them shall bear the same date, according to the
Act, the jurisdictional amounts mentioned in Sec. 19(3), order in which their commissions have been issued by
(4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as the President.
amended by this Act, shall be adjusted to Two hundred
thousand pesos (P200,000.00). five (5) years thereafter, The Presiding Justice and the Associate Justices shall
such jurisdictional amounts shall be adjusted further to not be removed from office except on impeachment


upon the grounds and in the manner provided for in (c) Officials of the diplomatic service occupying the
Sections 2, 3 and 4 of Article XIII of the 1973 position of consul and higher;
Constitution. (d) Philippine army and air force colonels, naval
The Presiding Justice shall receive an annual captains, and all officers of higher rank;
compensation of P60,000.00 and each Associate (e) Officers of the Philippine National Police while
Justice P55,000.00 which shall not be diminished occupying the position of provincial director and those
during their continuance in office. They shall have the holding the rank of senior superintendent and higher;
same rank, privileges and other emoluments, be
subject to the same inhibitions and disqualifications, (f) City and provincial prosecutors and their assistants,
and enjoy the same retirement and other benefits as and officials and prosecutors in the Office of the
those provided for under existing laws of the Presiding Ombudsman and special prosecutor;
Justice and Associate Justices of the Court of Appeals. (g) Presidents, directors or trustees, or managers of
Whenever the salaries of the Presiding Justice and the government-owned or controlled corporations, state
Associate Justices of the Court of Appeals are increased, universities or educational institutions or foundations.
such increases in salaries shall be correspondingly (2) Members of Congress and officials thereof classified
extended to and enjoyed by the Presiding Justice and as Grade ’27’ and higher under the Compensation and
the Associate Justices of the Sandiganbayan. Position Classification Act of 1989;
They shall hold office until they reach the age of 65 (3) Members of the judiciary without prejudice to the
years or become incapacitated to discharge the duties provisions of the Constitution;
of their office.
(4) Chairmen and members of the Constitutional
Section 2. Official Station; Place of Holding Sessions. Commissions, without prejudice to the provisions of the
The Sandiganbayan shall have its principal office in the Constitution; and
Metro Manila area and shall hold sessions thereat for
the trial and determination of all cases filed with it (5) All other national and local officials classified as
irrespective of the place where they may have arisen; Grade ’27’ and higher under the Compensation and
Provided, however, that the Presiding Justice may Position Classification Act of 1989.
authorize any division or divisions of the court to hold b. Other offenses or felonies whether simple or
sessions and decide cases at any time and place complexed with other crimes committed by the public
outside Metro Manila, and, where the interest of justice officials and employees mentioned in subsection a. of
so requires, outside the territorial boundaries of the this section in relation to their office.
Philippines. The Sandiganbayan may require the
services of the personnel and the use of facilities of the c. Civil and criminal cases filed pursuant to and in
courts or other government offices where any of the connection with Executive Order Nos. 1, 2, 14 and 14-A,
divisions is holding session, and the personnel of such issued in 1986.
courts or offices shall be subject to the orders of the Provided, That the Regional Trial Court shall have
Sandiganbayan. (as amended by EO No 101, s. of 1986) exclusive original jurisdiction where the information: (a)
Section 3. Constitution of the Divisions; Quorum. The does not allege any damage to the government or any
Sandiganbayan shall sit in seven (7) divisions of three (3) bribery; or (b) alleges damage to the government or
members each. bribery arising from the same or closely related
transactions or acts in an amount not exceeding One
Two (2) members shall constitute a quorum for sessions million pesos (P1,000,000.00).
in divisions: Provided, That when the required quorum
for the particular division cannot be had due to the Subject to the rules promulgated by the Supreme
legal disqualification or temporary incapacity of a Court, the cases falling under the jurisdiction of the
member or a vacancy therein, the Presiding Justice Regional Trial Court under this section shall be tried in a
may designate a member of another division to be judicial region other than where the official holds office.
determined by strict rotation on the basis of the reverse In cases where none of the accused are occupying
order of precedence, to sit as a special member of said positions corresponding to Salary Grade ’27’ or higher,
division with all the rights and prerogatives of a regular as prescribed in the said Republic Act No. 6758, or
member of said division in the trial and determination military and PNP officers mentioned above, exclusive
of a case or cases assigned thereto. (as amended by EO original jurisdiction thereof shall be vested in the proper
No 184, s. of 1987; RA Nos 7975, 8249, 10660) regional trial court, metropolitan trial court, municipal
Section 4. Jurisdiction. The Sandiganbayan shall trial court, and municipal circuit trial court, as the case
exercise exclusive original jurisdiction in all cases may be, pursuant to their respective jurisdictions as
involving: provided in Batas Pambansa Blg. 129, as amended.
a. Violations of Republic Act No. 3019, as amended, The Sandiganbayan shall exercise exclusive appellate
otherwise known as the Anti-Graft and Corrupt jurisdiction over final judgments, resolutions or orders
Practices Act, Republic Act No. 1379, and Chapter II, of regional trial courts whether in the exercise of their
Section 2, Title VII, Book II of the Revised Penal Code, own original jurisdiction or of their appellate jurisdiction
where one or more of the accused are officials as herein provided.
occupying the following positions in the government, The Sandiganbayan shall have exclusive original
whether in a permanent, acting or interim capacity, at jurisdiction over petitions for the issuance of the writs of
the time of the commission of the offense: mandamus, prohibition, certiorari, habeas corpus,
(1) Officials of the executive branch occupying the injunctions, and other ancillary writs and processes in
positions of regional director and higher, otherwise aid of its appellate jurisdiction and over petitions of
classified as Grade ’27’ and higher, of the Compensation similar nature, including quo warranto, arising or that
and Position Classification Act of 1989 (Republic Act No. may arise in cases filed or which may be filed under
6758), specifically including: Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986:
Provided, That the jurisdiction over these petitions shall
(a) Provincial governors, vice-governors, members of not be exclusive of the Supreme Court.
the sangguniang panlalawigan, and provincial
treasurers, assessors, engineers, and other provincial The procedure prescribed in Batas Pambansa Blg. 129,
department heads: as well as the implementing rules that the Supreme
Court has promulgated and may hereafter promulgate,
(b) City mayors, vice-mayors, members of the relative to appeals/petitions for review to the Court of
sangguniang panlungsod, city treasurers, assessors, Appeals, shall apply to appeals and petitions for review
engineers, and other city department heads; filed with the Sandiganbayan. In all cases elevated to
the Sandiganbayan and from the Sandiganbayan to



the Supreme Court, the Office of the Ombudsman, In case, however, the imposed penalty by the
through its special prosecutor, shall represent the Sandiganbayan or the regional trial court in the proper
People of the Philippines, except in cases filed pursuant exercise of their respective jurisdictions, is death, review
to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. by the Supreme Court shall be automatic, whether or
In case private individuals are charged as co-principals, not accused files an appeal. (as amended by RA Nos
accomplices or accessories with the public officers or 7975, 8249)
employees, including those employed in Section 8. Transfer of cases. As of the date of the
government-owned or controlled corporations, they effectivity of this decree, any case cognizable by the
shall be tried jointly with said public officers and Sandiganbayan within its exclusive jurisdiction where
employees in the proper courts which shall exercise none of the accused has been arraigned shall be
exclusive jurisdiction over them. transferred to the Sandiganbayan.
Any provisions of law or Rules of Court to the contrary Section 9. Rules of Procedure. The Rules of Court
notwithstanding, the criminal action and the promulgated by the Supreme Court shall apply to all
corresponding civil action for the recovery of civil cases and proceedings filed with the Sandiganbayan.
liability shall at all times be simultaneously instituted The Sandiganbayan shall have no power to promulgate
with, and jointly determined in, the same proceeding its own rules of procedure, except to adopt internal
by the Sandiganbayan or the appropriate courts, the rules governing the allotment of cases among the
filing of the criminal action being deemed to divisions, the rotation of justices among them, and
necessarily carry with it the filing of the civil action, and other matters relating to the internal operations of the
no right to reserve the filing of such civil action court which shall be inforced until repealed or modified
separately from the criminal action shall be recognized: by the Supreme Court. (as amended by RA No 7975)
Provided, however, That where the civil action had Section 10. Authority over internal affairs. The
heretofore been filed separately but judgment therein Sandiganbayan shall administer its own internal affairs
has not yet been rendered, and the criminal case is and may adopt such rules governing the constitution of
hereafter filed with the Sandiganbayan or the its divisions, the allocation of cases among them, the
appropriate court, said civil action shall be transferred rotation of justices and other matters relating to its
to the Sandiganbayan or the appropriate court, as the business. (as repealed by RA No 7975)
case may be, for consolidation and joint determination
with the criminal action, otherwise the separate civil Section 11. Proceeding free of charge. All proceedings
action shall be deemed abandoned. (as amended by in the Sandiganbayan shall be conducted at no cost to
PD Nos 1860, 1861, RA Nos 7975, 8249, 10660) the complainant and/or his witnesses.
Section 5. Proceedings, how conducted; decision by No criminal information or complaint shall be
majority vote. All three (3) members of a division shall entertained by the Sandiganbayan except upon a
deliberate on all matters submitted for judgment, certification by the Investigating Prosecutor of the
decision, final order, or resolution. existence of a prima facie case to be determined after a
preliminary investigation conducted in accordance with
The concurrence of a majority of the members of a applicable laws and approved by the Chief Special
division shall be necessary to render a judgment, Prosecutor. (as repealed by PD No 1629)
decision, or final order, or to resolve interlocutory or
incidental motions. (as amended by RA No 10660) Section 12. Administrative personnel. The
Sandiganbayan shall reelect and appoint such
Section 6. Maximum period for termination of cases. personnel as it may deem necessary to discharge its
As far as practicable, the trial of cases before the functions under this Decree including a Clerk of Court
Sandiganbayan once commenced shall be continuos and three (3) Deputy Clerks of Court who shall be
until terminated and the judgment shall be rendered members of the Bar.
within three (3) months from the date the case was
submitted for decision. The Clerk of Court shall have an annual compensation
of P36,000.00 and the Deputy Clerks of Court,
Section 7. Form, finality and enforcement of decisions. P30,000.00.
All decisions and final orders determining the merits of
a case or finally disposing of the action or proceedings All other subordinate employees of the Sandiganbayan
of the Sandiganbayan shall contain complete findings shall be governed by the provisions of the Civil Service
of the facts and the law on which they are based, on all Law; Provided, that the Sandiganbayan may, by
issues properly raised before it and necessary in resolution en banc, remove any of them for cause.
deciding the case. Section 13. Report to the President. The Sandiganbayan
A petition for reconsideration of any final order or shall submit an annual report to the President,
decision may be filed within fifteen (15) days from including all disbursements of funds entrusted to it,
promulgation or notice of the final order on judgment, within two months from the end of the Fiscal Year.
and such motion for reconsideration shall be decided Section 14. Funding. There is hereby immediately
within thirty (30) days from submission thereon. appropriated the sum of Five Million Pesos (P5,000.00)
Decisions and final orders ofthe Sandiganbyan shall be out of any funds in the National Treasury to carry out
appealable to the Supreme Court by petition for review the provisions of this Decree and thereafter to be
on certiorari raising pure questions of law in included in the general appropriations act. The
accordance with Rule 45 of the Rules of Court. appropriations for the Sandiganbayan shall be
Whenever, in any case decided by the Sandiganbayan, automatically released in accordance with a schedule
the penalty of reclusion perpetua, life imprisonment or submitted by the Sandiganbayan.
death is imposed, the decision shall be appealable to Section 15. Separability of Provisions. If for any reason,
the Supreme Court in the manner prescribed in the any section or provision of this Decree is declared to be
Rules of Court. unconstitutional or invalid, other sections or provisions
Judgments and orders of the Sandiganbayan shall be thereof which are not affected thereby, shall continue in
executed and enforced in the manner provided by law. full force and effect.
Decisions and final orders of other courts in cases Section 16. Repealing Clause. This Decree hereby
cognizable by said courts under this decree as well as repeals Presidential Decree No. 1486 and all other
those rendered by them in the exercise of their provisions of law, General Orders, Presidential Decrees,
appellate jurisdiction shall be appealable to, or be Letters of Instructions, rules or regulations inconsistent
reviewable by, the Sandiganbayan in the manner herewith.
provided by Rule 122 of the Rules of the Court. Section 17. Effectivity. This Decree shall take effect
immediately.



Done in the City of Manila, this 10th day of December, in violation of the Constitution, treason, bribery, graft and
the year of Our Lord, nineteen hundred and corruption, other high crimes, or betrayal of public trust.
seventy-eight. (2) A Deputy or the Special Prosecutor, may be removed
from office by the President for any of the grounds
provided for the removal of the Ombudsman, and after
RA No 6770 | Ombudsman Act due process.
November 17, 1989 (3) In case of vacancy in the Office of the Ombudsman
due to death, resignation, removal or permanent
AN ACT PROVIDING FOR THE FUNCTIONAL AND disability of the incumbent Ombudsman, the Overall
STRUCTURAL ORGANIZATION OF THE OFFICE OF THE Deputy shall serve as Acting Ombudsman in a
OMBUDSMAN, AND FOR OTHER PURPOSES concurrent capacity until a new Ombudsman shall
have been appointed for a full term.n case the Overall
Be it enacted by the Senate and House of Deputy cannot assume the role of Acting Ombudsman,
Representatives of the Philippines in Congress the President may designate any of the Deputies, or the
assembled:: Special Prosecutor, as Acting Ombudsman.
Section 1. Title. — This Act shall be known as "The (4) In case of temporary absence or disability of the
Ombudsman Act of 1989". Ombudsman, the Overall Deputy shall perform the
Section 2. Declaration of Policy. — The State shall duties of the Ombudsman until the Ombudsman
maintain honesty and integrity in the public service returns or is able to perform his duties.
and take positive and effective measures against graft Section 9. Prohibitions and Disqualifications. — The
and corruption. Ombudsman, his Deputies and the Special Prosecutor
Public office is a public trust. Public officers and shall not, during their tenure, hold any other office or
employees must at all times be accountable to the employment. They shall not, during said tenure, directly
people, serve them with utmost responsibility, integrity, or indirectly practice any other profession, participate in
loyalty, efficiency, act with patriotism and justice and any business, or be financially interested in any contract
lead modest lives. with, or in any franchise, or special privilege granted by
the Government or any subdivision, agency or
Section 3. Office of the Ombudsman. — The Office of instrumentality thereof, including government-owned
the Ombudsman shall include the Office of the Overall or controlled corporations or their subsidiaries. They
Deputy, the Office of the Deputy for Luzon, the Office of shall strictly avoid conflict of interest in the conduct of
the Deputy for the Visayas, the Office of the Deputy for their office. They shall not be qualified to run for any
Mindanao, the Office of the Deputy for the Armed office in the election immediately following their
Forces, and the Office of the Special Prosecutor. The cessation from office. They shall not be allowed to
President may appoint other Deputies as the necessity appear or practice before the Ombudsman for two (2)
for it may arise, as recommended by the Ombudsman. years following their cessation from office.
Section 4. Appointment. — The Ombudsman and his No spouse or relative by consanguinity or affinity within
Deputies, including the Special Prosecutor, shall be the fourth civil degree and no law, business or
appointed by the President from a list of at least professional partner or associate of the Ombudsman,
twenty-one (21) nominees prepared by the Judicial and his Deputies or Special Prosecutor within one (1) year
Bar Council, and from a list of three (3) nominees for preceding the appointment may appear as counsel or
each vacancy thereafter, which shall be filled within agent on any matter pending before the Office of the
three (3) months after it occurs, each of which list shall Ombudsman or transact business directly or indirectly
be published in a newspaper of general circulation. therewith.
In the organization of the Office of the Ombudsman for This disqualification shall apply during the tenure of the
filling up of positions therein, regional, cultural or official concerned. This disqualification likewise extends
ethnic considerations shall be taken into account to the to the law, business or professional firm for the same
end that the Office shall be as much as possible period.
representative of the regional, ethnic and cultural
make-up of the Filipino nation. Section 10. Disclosure of Relationship. — It shall be
the duty of the Ombudsman, his Deputies, including
Section 5. Qualifications. — The Ombudsman and his the Special Prosecutor to make under oath, to the best
Deputies, including the Special Prosecutor, shall be of their knowledge and/or information, a public
natural-born citizens of the Philippines, at least forty disclosure of the identities of, and their relationship
(40) years old, of recognized probity and independence, with the persons referred to in the preceding section.
members of the Philippine Bar, and must not have
been candidates for any elective national or local office The disclosure shall be filed with the Office of the
in the immediately preceding election whether regular President and the Office of the Ombudsman before the
or special. The Ombudsman must have, for ten (10) appointee assumes office and every year thereafter. The
years or more, been a judge or engaged in the practice disclosures made pursuant to this section shall form
of law in the Philippines. part of the public records and shall be available to any
person or entity upon request.
Section 6. Rank and Salary. — The Ombudsman and
his Deputies shall have the same ranks, salaries and Section 11. Structural Organization. — The authority
privileges as the Chairman and members, respectively, and responsibility for the exercise of the mandate of the
of a Constitutional Commission. Their salaries shall not Office of the Ombudsman and for the discharge of its
be decreased during their term of office. powers and functions shall be vested in the
Ombudsman, who shall have supervision and control of
The members of the prosecution, investigation and the said office.
legal staff of the Office of the Ombudsman shall receive
salaries which shall not be less than those given to (1) The Office of the Ombudsman may organize such
comparable positions in any office in the Government. directorates for administration and allied services as
may be necessary for the effective discharge of its
Section 7. Term of Office. — The Ombudsman and his functions. Those appointed as directors or heads shall
Deputies, including the Special Prosecutor, shall serve have the rank and salary of line bureau directors.
for a term of seven (7) years without reappointment.
(2) The Office of the Overall Deputy shall oversee and
Section 8. Removal; Filling of Vacancy. — administer the operations of the different offices under
(1) In accordance with the provisions of Article XI of the the Office of Ombudsman.t shall likewise perform such
Constitution, the Ombudsman may be removed from
office on impeachment for, and conviction of, culpable



other functions and duties assigned to it by the (3) Direct the officer concerned to take appropriate
Ombudsman. action against a public officer or employee at fault or
(3) The Office of the Special Prosecutor shall be who neglect to perform an act or discharge a duty
composed of the Special Prosecutor and his required by law, and recommend his removal,
prosecution staff. The Office of the Special Prosecutor suspension, demotion, fine, censure, or prosecution,
shall be an organic component of the Office of the and ensure compliance therewith; or enforce its
Ombudsman and shall be under the supervision and disciplinary authority as provided in Section 21 of this
control of the Ombudsman. Act: provided, that the refusal by any officer without
just cause to comply with an order of the Ombudsman
(4) The Office of the Special Prosecutor shall, under the to remove, suspend, demote, fine, censure, or prosecute
supervision and control and upon the authority of the an officer or employee who is at fault or who neglects
Ombudsman, have the following powers: to perform an act or discharge a duty required by law
(a) To conduct preliminary investigation and prosecute shall be a ground for disciplinary action against said
criminal cases within the jurisdiction of the officer;
Sandiganbayan; (4) Direct the officer concerned, in any appropriate
(b) To enter into plea bargaining agreements; and case, and subject to such limitations as it may provide
in its rules of procedure, to furnish it with copies of
(c) To perform such other duties assigned to it by the documents relating to contracts or transactions
Ombudsman. entered into by his office involving the disbursement or
The Special Prosecutor shall have the rank and salary of use of public funds or properties, and report any
a Deputy Ombudsman. irregularity to the Commission on Audit for appropriate
action;
(5) The position structure and staffing pattern of the
Office of the Ombudsman, including the Office of the (5) Request any government agency for assistance and
Special Prosecutor, shall be approved and prescribed by information necessary in the discharge of its
the Ombudsman. The Ombudsman shall appoint all responsibilities, and to examine, if necessary, pertinent
officers and employees of the Office of the records and documents;
Ombudsman, including those of the Office of the (6) Publicize matters covered by its investigation of the
Special Prosecutor, in accordance with the Civil Service matters mentioned in paragraphs (1), (2), (3) and (4)
Law, rules and regulations. hereof, when circumstances so warrant and with due
Section 12. Official Stations. — The Ombudsman, the prudence: provided, that the Ombudsman under its
Overall Deputy, the Deputy for Luzon, and the Deputy rules and regulations may determine what cases may
for the Armed Forces shall hold office in Metropolitan not be made public: provided, further, that any publicity
Manila; the Deputy for the Visayas, in Cebu City; and the issued by the Ombudsman shall be balanced, fair and
Deputy for Mindanao, in Davao City. The Ombudsman true;
may transfer their stations within their respective (7) Determine the causes of inefficiency, red tape,
geographical regions, as public interest may require. mismanagement, fraud, and corruption in the
Section 13. Mandate. — The Ombudsman and his Government, and make recommendations for their
Deputies, as protectors of the people, shall act promptly elimination and the observance of high standards of
on complaints filed in any form or manner against ethics and efficiency;
officers or employees of the Government, or of any (8) Administer oaths, issue subpoena and subpoena
subdivision, agency or instrumentality thereof, duces tecum, and take testimony in any investigation
including government-owned or controlled or inquiry, including the power to examine and have
corporations, and enforce their administrative, civil and access to bank accounts and records;
criminal liability in every case where the evidence
warrants in order to promote efficient service by the (9) Punish for contempt in accordance with the Rules of
Government to the people. Court and under the same procedure and with the
same penalties provided therein;
Section 14. Restrictions. — No writ of injunction shall
be issued by any court to delay an investigation being (10) Delegate to the Deputies, or its investigators or
conducted by the Ombudsman under this Act, unless representatives such authority or duty as shall ensure
there is a prima facie evidence that the subject matter the effective exercise or performance of the powers,
of the investigation is outside the jurisdiction of the functions, and duties herein or hereinafter provided;
Office of the Ombudsman. (11) Investigate and initiate the proper action for the
No court shall hear any appeal or application for recovery of ill-gotten and/or unexplained wealth
remedy against the decision or findings of the amassed after February 25, 1986 and the prosecution of
Ombudsman, except the Supreme Court, on pure the parties involved therein.
question of law. The Ombudsman shall give priority to complaints filed
Section 15. Powers, Functions and Duties. — The against high ranking government officials and/or those
Office of the Ombudsman shall have the following occupying supervisory positions, complaints involving
powers, functions and duties: grave offenses as well as complaints involving large
sums of money and/or properties.
(1) Investigate and prosecute on its own or on complaint
by any person, any act or omission of any public officer Section 16. Applicability. — The provisions of this Act
or employee, office or agency, when such act or shall apply to all kinds of malfeasance, misfeasance, and
omission appears to be illegal, unjust, improper or non-feasance that have been committed by any officer
inefficient.t has primary jurisdiction over cases or employee as mentioned in Section 13 hereof, during
cognizable by the Sandiganbayan and, in the exercise his tenure of office.
of this primary jurisdiction, it may take over, at any Section 17. Immunities. — In all hearings, inquiries, and
stage, from any investigatory agency of Government, proceedings of the Ombudsman, including preliminary
the investigation of such cases; investigations of offenses, nor person subpoenaed to
(2) Direct, upon complaint or at its own instance, any testify as a witness shall be excused from attending and
officer or employee of the Government, or of any testifying or from producing books, papers,
subdivision, agency or instrumentality thereof, as well correspondence, memoranda and/or other records on
as any government-owned or controlled corporations the ground that the testimony or evidence,
with original charter, to perform and expedite any act or documentary or otherwise, required of him, may tend
duty required by law, or to stop, prevent, and correct to incriminate him or subject him to prosecution:
any abuse or impropriety in the performance of duties; provided, that no person shall be prosecuted criminally
for or on account of any matter concerning which he is



compelled, after having claimed the privilege against Section 22. Investigatory Power. — The Office of the
self-incrimination, to testify and produce evidence, Ombudsman shall have the power to investigate any
documentary or otherwise. serious misconduct in office allegedly committed by
Under such terms and conditions as it may determine, officials removable by impeachment, for the purpose of
taking into account the pertinent provisions of the filing a verified complaint for impeachment, if
Rules of Court, the Ombudsman may grant immunity warranted.
from criminal prosecution to any person whose In all cases of conspiracy between an officer or
testimony or whose possession and production of employee of the government and a private person, the
documents or other evidence may be necessary to Ombudsman and his Deputies shall have jurisdiction to
determine the truth in any hearing, inquiry or include such private person in the investigation and
proceeding being conducted by the Ombudsman or proceed against such private person as the evidence
under its authority, in the performance or in the may warrant. The officer or employee and the private
furtherance of its constitutional functions and statutory person shall be tried jointly and shall be subject to the
objectives. The immunity granted under this and the same penalties and liabilities.
immediately preceding paragraph shall not exempt the Section 23. Formal Investigation. —
witness from criminal prosecution for perjury or false
testimony nor shall he be exempt from demotion or (1) Administrative investigations conducted by the
removal from office. Office of the Ombudsman shall be in accordance with
its rules of procedure and consistent with due process.
Any refusal to appear or testify pursuant to the
foregoing provisions shall be subject to punishment for (2) At its option, the Office of the Ombudsman may
contempt and removal of the immunity from criminal refer certain complaints to the proper disciplinary
prosecution. authority for the institution of appropriate
administrative proceedings against erring public
Section 18. Rules of Procedure. — officers or employees, which shall be determined within
(1) The Office of the Ombudsman shall promulgate its the period prescribed in the civil service law. Any delay
rules of procedure for the effective exercise or without just cause in acting on any referral made by the
performance of its powers, functions, and duties. Office of the Ombudsman shall be a ground for
(2) The rules of procedure shall include a provision administrative action against the officers or employees
whereby the Rules of Court are made suppletory. to whom such referrals are addressed and shall
constitute a graft offense punishable by a fine of not
(3) The rules shall take effect after fifteen (15) days exceeding Five thousand pesos (P5,000.00).
following the completion of their publication in the
Official Gazette or in three (3) newspapers of general (3) In any investigation under this Act the Ombudsman
circulation in the Philippines, one of which is printed in may: (a) enter and inspect the premises of any office,
the national language. agency, commission or tribunal; (b) examine and have
access to any book, record, file, document or paper; and
Section 19. Administrative Complaints. — The (c) hold private hearings with both the complaining
Ombudsman shall act on all complaints relating, but individual and the official concerned.
not limited to acts or omissions which:
Section 24. Preventives Suspension. — The
(1) Are contrary to law or regulation; Ombudsman or his Deputy may preventively suspend
(2) Are unreasonable, unfair, oppressive or any officer or employee under his authority pending an
discriminatory; investigation, if in his judgment the evidence of guilt is
strong, and (a) the charge against such officer or
(3) Are inconsistent with the general course of an employee involves dishonesty, oppression or grave
agency's functions, though in accordance with law; misconduct or neglect in the performance of duty; (b)
(4) Proceed from a mistake of law or an arbitrary the charges would warrant removal from the service; or
ascertainment of facts; (c) the respondent's continued stay in office may
prejudice the case filed against him.
(5) Are in the exercise of discretionary powers but for an
improper purpose; or The preventive suspension shall continue until the case
is terminated by the Office of the Ombudsman but not
(6) Are otherwise irregular, immoral or devoid of more than six (6) months, without pay, except when the
justification. delay in the disposition of the case by the Office of the
Section 20. Exceptions. — The Office of the Ombudsman is due to the fault, negligence or petition
Ombudsman may not conduct the necessary of the respondent, in which case the period of such
investigation of any administrative act or omission delay shall not be counted in computing the period of
complained of if it believes that: suspension herein provided.
(1) The complainant has an adequate remedy in Section 25. Penalties. —
another judicial or quasi-judicial body; (1) In administrative proceedings under Presidential
(2) The complaint pertains to a matter outside the Decree No. 807, the penalties and rules provided
jurisdiction of the Office of the Ombudsman; therein shall be applied.
(3) The complaint is trivial, frivolous, vexatious or made (2) In other administrative proceedings, the penalty
in bad faith; ranging from suspension without pay for one (1) year to
(4) The complainant has no sufficient personal interest dismissal with forfeiture of benefits or a fine ranging
in the subject matter of the grievance; or from Five thousand pesos (P5,000.00) to twice the
amount malversed, illegally taken or lost, or both at the
(5) The complaint was filed after one (1) year from the discretion of the Ombudsman, taking into
occurrence of the act or omission complained of. consideration circumstances that mitigate or aggravate
Section 21. Official Subject to Disciplinary Authority; the liability of the officer or employee found guilty of
Exceptions. — The Office of the Ombudsman shall the complaint or charges.
have disciplinary authority over all elective and Section 26. Inquiries. —
appointive officials of the Government and its
subdivisions, instrumentalities and agencies, including (1) The Office of the Ombudsman shall inquire into acts
Members of the Cabinet, local government, or omissions of a public officer, employee, office or
government-owned or controlled corporations and agency which, from the reports or complaints it has
their subsidiaries, except over officials who may be received, the Ombudsman or his Deputies consider to
removed only by impeachment or over Members of be:
Congress, and the Judiciary. (a) contrary to law or regulation;



(b) unreasonable, unfair, oppressive, irregular or The above rules may be amended or modified by the
inconsistent with the general course of the operations Office of the Ombudsman as the interest of justice may
and functions of a public officer, employee, office or require.
agency;
Note: Section 27 of Republic Act No. 6770 (Ombudsman
(c) an error in the application or interpretation of law,
Act of 1989), together with Section 7, Rule III of
rules or regulations, or a gross or palpable error in the
Administrative Order No. 07 (Rules of Procedure of the
appreciation of facts;
Office of the Ombudsman), and any other provision of
(d) based on improper motives or corrupt law or issuance implementing the aforesaid Act and
considerations; insofar as they provide for appeals in administrative
(e) unclear or inadequately explained when reasons disciplinary cases from the Office of the Ombudsman
should have been revealed; or to the Supreme Court, are hereby declared INVALID
and of no further force and effect. (Fabian v. Desierto,
(f) inefficient performed or otherwise objectionable. G.R. No. 129742. September 16, 1998)
(2) The Officer of the Ombudsman shall receive Section 28. Investigation in Municipalities, Cities and
complaints from any source in whatever form Provinces. — The Office of the Ombudsman may
concerning an official act or omission.t shall act on the establish offices in municipalities, cities and provinces
complaint immediately and if it finds the same entirely outside Metropolitan Manila, under the immediate
baseless, it shall dismiss the same and inform the supervision of the Deputies for Luzon, Visayas and
complainant of such dismissal citing the reasons Mindanao, where necessary as determined by the
therefor.f it finds a reasonable ground to investigate Ombudsman. The investigation of complaints may be
further, it shall first furnish the respondent public assigned to the regional or sectoral deputy concerned
officer or employee with a summary of the complaint or to a special investigator who shall proceed in
and require him to submit a written answer within accordance with the rules or special instructions or
seventy-two (72) hours from receipt thereof.f the directives of the Office of the Ombudsman. Pending
answer is found satisfactory, it shall dismiss the case. investigation the deputy or investigator may issue
(3) When the complaint consists in delay or refusal to orders and provisional remedies which are immediately
perform a duty required by law, or when urgent action executory subject to review by the Ombudsman. Within
is necessary to protect or preserve the rights of the three (3) days after concluding the investigation, the
complainant, the Office of the Ombudsman shall take deputy or investigator shall transmit, together with the
steps or measures and issue such orders directing the entire records of the case, his report and conclusions to
officer, employee, office or agency concerned to: the Office of the Ombudsman. Within five (5) days after
receipt of said report, the Ombudsman shall render the
(a) expedite the performance of duty; appropriate order, directive or decision.
(b) cease or desist from the performance of a prejudicial Section 29. Change of Unjust Laws. — If the
act; Ombudsman believes that a law or regulation is unfair
(c) correct the omission; or unjust, he shall recommend to the President and to
Congress the necessary changes therein or the repeal
(d) explain fully the administrative act in question; or
thereof.
(e) take any other steps as may be necessary under the
Section 30. Transmittal/Publication of Decision. — In
circumstances to protect and preserve the rights of the
every case where the Ombudsman has reached a
complainant.
decision, conclusion or recommendation adverse to a
(4) Any delay or refusal to comply with the referral or public official or agency, he shall transmit his decision,
directive of the Ombudsman or any of his Deputies, conclusion, recommendation or suggestion to the head
shall constitute a ground for administrative disciplinary of the department, agency or instrumentality, or of the
action against the officer or employee to whom it was province, city or municipality concerned for such
addressed. immediate action as may be necessary. When
Section 27. Effectivity and Finality of Decisions. — (1) transmitting his adverse decision, conclusion or
All provisionary orders of the Office of the Ombudsman recommendation, he shall, unless excused by the
are immediately effective and executory. agency or official affected, include the substance of any
statement the public agency or official may have made
A motion for reconsideration of any order, directive or to him by way of explaining past difficulties with or
decision of the Office of the Ombudsman must be filed present rejection of the Ombudsman's proposals.
within five (5) days after receipt of written notice and
shall be entertained only on any of the following Section 31. Designation of Investigators and
grounds: Prosecutors. — The Ombudsman may utilize the
personnel of his office and/or designate or deputize any
(1) New evidence has been discovered which materially fiscal, state prosecutor or lawyer in the government
affects the order, directive or decision; service to act as special investigator or prosecutor to
(2) Errors of law or irregularities have been committed assist in the investigation and prosecution of certain
prejudicial to the interest of the movant. The motion for cases. Those designated or deputized to assist him
reconsideration shall be resolved within three (3) days herein provided shall be under his supervision and
from filing: provided, that only one motion for control.
reconsideration shall be entertained. The Ombudsman and his investigators and
Findings of fact by the Officer of the Ombudsman prosecutors, whether regular members of his staff or
when supported by substantial evidence are conclusive. designated by him as herein provided, shall have
Any order, directive or decision imposing the penalty of authority to administer oaths, to issue subpoena and
public censure or reprimand, suspension of not more subpoena duces tecum, to summon and compel
than one (1) month's salary shall be final and witnesses to appear and testify under oath before them
unappealable. and/or bring books, documents and other things under
their control, and to secure the attendance or presence
In all administrative disciplinary cases, orders, directives, of any absent or recalcitrant witness through
or decisions of the Office of the Ombudsman may be application before the Sandiganbayan or before any
appealed to the Supreme Court by filing a petition for inferior or superior court having jurisdiction of the place
certiorari within ten (10) days from receipt of the written where the witness or evidence is found.
notice of the order, directive or decision or denial of the
motion for reconsideration in accordance with Rule 45 Section 32. Rights and Duties of Witness. —
of the Rules of Court. (1) A person required by the Ombudsman to provide the
information shall be paid the same fees and travel



allowances as are extended to witnesses whose Section 40. Separability Clause. — If any provision of
attendance has been required in the trial courts. Upon this Act is held unconstitutional, other provisions not
request of the witness, the Ombudsman shall also affected thereby shall remain valid and binding.
furnish him such security for his person and his family Section 41. Repealing Clause. — All laws, presidential
as may be warranted by the circumstances. For this decrees, letters of instructions, executive orders, rules
purpose, the Ombudsman may, at its expense, call and regulations insofar as they are inconsistent with
upon any police or constabulary unit to provide the said this Act, are hereby repealed or amended as the case
security. may be.
(2) A person who, with or without service or compulsory Section 42. Effectivity. — This Act shall take effect after
process, provides oral or documentary information fifteen (15) days following its publication in the Official
requested by the Ombudsman shall be accorded the Gazette or in three (3) newspapers of general circulation
same privileges and immunities as are extended to in the Philippines.
witnesses in the courts, and shall likewise be entitled to
the assistance of counsel while being questioned. Approved: November 17, 1989.
(3) If a person refuses to respond to the Ombudsman's
or his Deputy's subpoena, or refuses to be examined, or
engages in obstructive conduct, the Ombudsman or RA No 6981 | Witness Protection,
his Deputy shall issue an order directing the person to Security and Benefit Act
appear before him to show cause why he should not be
punished for contempt. The contempt proceedings April 24, 1991
shall be conducted pursuant to the provisions of the AN ACT PROVIDING FOR A WITNESS PROTECTION,
Rules of Court. SECURITY AND BENEFIT PROGRAM AND FOR OTHER
Section 33. Duty to Render Assistance to the Office PURPOSES
of the Ombudsman. — Any officer or employee of any Be it enacted by the Senate and House of
department, bureau or office, subdivision, agency or Representatives of the Philippines in Congress
instrumentality of the Government, including assembled::
government-owned or controlled corporations and
local governments, when required by the Ombudsman, Section 1. Name of Act. - This Act shall be known as the
his Deputy or the Special Prosecutor shall render "Witness Protection, Security and Benefit Act".
assistance to the Office of the Ombudsman. Section 2. Implementation of Program. - The
Section 34. Annual Report. — The Office of the Department of Justice, hereinafter referred to as the
Ombudsman shall render an annual report of its Department, through its Secretary, shall formulate and
activities and performance to the President and to implement a "Witness Protection, Security and Benefit
Congress to be submitted within thirty (30) days from Program", hereinafter referred to as the Program,
the start of the regular session of Congress. pursuant to and consistent with the provisions of this
Act.
Section 35. Malicious Prosecution. — Any person who,
actuated by malice or gross bad faith, files a completely The Department may call upon any department,
unwarranted or false complaint against any bureau, office or any other executive agency to assist in
government official or employee shall be subject to a the implementation of the Program and the latter
penalty of one (1) month and one (1) day to six (6) offices shall be under legal duty and obligation to
months imprisonment and a fine not exceeding Five render such assistance.
thousand pesos (P5,000.00). Section 3. Admission into the Program. - Any person
Section 36. Penalties for Obstruction. — Any person who has witnessed or has knowledge or information on
who willfully obstructs or hinders the proper exercise of the commission of a crime and has testified or is
the functions of the Office of the Ombudsman or who testifying or about to testify before any judicial or
willfully misleads or attempts to mislead the quasi-judicial body, or before any investigating
Ombudsman, his Deputies and the Special Prosecutor authority, may be admitted into the Program:
in replying to their inquiries shall be punished by a fine Provided, That:
of not exceeding Five thousand pesos (P5,000.00).
a) the offense in which his testimony will be used is a
Section 37. Franking Privilege. — All official mail grave felony as defined under the Revised Penal Code,
matters and telegrams of the Ombudsman addressed or its equivalent under special laws;
for delivery within the Philippines shall be received,
b) his testimony can be substantially corroborated in its
transmitted, and delivered free of charge: provided, that
material points;
such mail matters when addressed to private persons
or nongovernment offices shall not exceed one c) he or any member of his family within the second
hundred and twenty (120) grams. All mail matters and civil degree of consanguinity or affinity is subjected to
telegrams sent through government telegraph facilities threats to his life or bodily injury or there is a likelihood
containing complaints to the Office of the that he will be killed, forced, intimidated, harassed or
Ombudsman shall be transmitted free of charge, corrupted to prevent him from testifying, or to testify
provided that the telegram shall contain not more than falsely, or evasively, because or on account of his
one hundred fifty (150) words. testimony; and
Section 38. Fiscal Autonomy. — The Office of the d) he is not a law enforcement officer, even if he would
Ombudsman shall enjoy fiscal autonomy. be testifying against the other law enforcement
Appropriations for the Office of the Ombudsman may officers. In such a case, only the immediate members of
not be reduced below the amount appropriated for the his family may avail themselves of the protection
previous years and, after approval, shall be provided for under this Act.
automatically and regularly released. If the Department, after examination of said applicant
Section 39. Appropriations. — The appropriation for and other relevant facts, is convinced that the
the Office of the Special Prosecutor in the current requirements of this Act and its implementing rules
General Appropriations Act is hereby transferred to the and regulations have been complied with, it shall admit
Office of the Ombudsman. Thereafter, such sums as said applicant to the Program, require said witness to
may be necessary shall be included in the annual execute a sworn statement detailing his knowledge or
General Appropriations Act. information on the commission of the crime, and
thereafter issue the proper certification. For purposes of


this Act, any such person admitted to the Program shall quasi-judicial body or investigating authority, including

be known as the Witness. legislative investigations in aid of legislation, in going
Section 4. Witness in Legislative Investigations. - In thereto and in coming therefrom: Provided, That his
case of legislative investigations in aid of legislation, a employer is notified through a certification issued by
witness, with his express consent, may be admitted into the Department, within a period of thirty (30) days from
the Program upon the recommendation of the the date when the Witness last reported for work:
legislative committee where his testimony is needed Provided, further, That in the case of prolonged transfer
when in its judgment there is pressing necessity or permanent relocation, the employer shall have the
therefor: Provided, That such recommendation is option to remove the Witness from employment after
approved by the President of the Senate or the Speaker securing clearance from the Department upon the
of the House of Representatives, as the case may be. recommendation of the Department of Labor and
Employment.
Section 5. Memorandum of Agreement With the
Person to be Protected. - Before a person is provided Any Witness who failed to report for work because of
protection under this Act, he shall first execute a witness duty shall be paid his equivalent salaries or
memorandum of agreement which shall set forth his wages corresponding to the number of days of absence
responsibilities including: occasioned by the Program. For purposes of this Act,
any fraction of a day shall constitute a full day salary or
a) to testify before and provide information to all wage. This provision shall be applicable to both
appropriate law enforcement officials concerning all government and private employees.
appropriate proceedings in connection with or arising
from the activities involved in the offense charged; (d) To be provided with reasonable travelling expenses
and subsistence allowance by the Program in such
b) to avoid the commission of the crime; amount as the Department may determine for his
c) to take all necessary precautions to avoid detection attendance in the court, body or authority where his
by others of the facts concerning the protection testimony is required, as well as conferences and
provided him under this Act; interviews with prosecutors or investigating officers.
d) to comply with legal obligations and civil judgments (e) To be provided with free medical treatment,
against him; hospitalization and medicines for any injury or illness
incurred or suffered by him because of witness duty in
e) to cooperate with respect to all reasonable requests any private or public hospital, clinic, or at any such
of officers and employees of the Government who are institution at the expense of the Program.
providing protection under this Act; and
(f) If a Witness is killed, because of his participation in
f) to regularly inform the appropriate program official of the Program, his heirs shall be entitled to a burial
his current activities and address. benefit of not less than Ten thousand pesos
Section 6. Breach of the Memorandum of (P10,000.00) from the Program exclusive of any other
Agreement. - Substantial breach of the memorandum similar benefits he may be entitled to under other
of agreement shall be a ground for the termination of existing laws.
the protection provided under this Act: Provided, (g) In case of death or permanent incapacity, his minor
however, That before terminating such protection, the or dependent children shall be entitled to free
Secretary of Justice shall send notice to the person education, from primary to college level in any state, or
involved of the termination of the protection provided private school, college or university as may be
under this Act, stating therein the reason for such determined by the Department, as long as they shall
termination. have qualified thereto.
Section 7. Confidentiality of Proceedings. - All Section 9. Speedy Hearing or Trial. - In any case where
proceedings involving application for admission into a Witness admitted into the Program shall testify, the
the Program and the action taken thereon shall be judicial or quasi-judicial body, or investigating authority
confidential in nature. No information or documents shall assure a speedy hearing or trial and shall endeavor
given or submitted in support thereof shall be released to finish said proceeding within three (3) months from
except upon written order of the Department or the the filing of the case.
proper court.
Section 10. State Witness. - Any person who has
Any person who violates the confidentiality of said participated in the commission of a crime and desires
proceedings shall upon conviction be punished with to be a witness for the State, can apply and, if qualified
imprisonment of not less than one (1) year but not more as determined in this Act and by the Department, shall
than six (6) years and deprivation of the right to hold a be admitted into the Program whenever the following
public office or employment for a period of five (5) circumstances are present:
years.
(a) the offense in which his testimony will be used is a
Section 8. Rights and Benefits. - The witness shall grave felony as defined under the Revised Penal Code
have the following rights and benefits:ITC-ALF or its equivalent under special laws;
(a) To have a secure housing facility until he has (b) there is absolute necessity for his testimony;
testified or until the threat, intimidation or harassment
disappears or is reduced to a manageable or tolerable (c) there is no other direct evidence available for the
level. When the circumstances warrant, the Witness proper prosecution of the offense committed:
shall be entitled to relocation and/or change of personal (d) his testimony can be substantially corroborated on
identity at the expense of the Program. This right may its material points;
be extended to any member of the family of the
Witness within the second civil degree of consanguinity (e) he does not appear to be most guilty; and
or affinity. (f) he has not at any time been convicted of any crime
(b) The Department shall, whenever practicable, assist involving moral turpitude.
the Witness in obtaining a means of livelihood. The An accused discharged from an information or criminal
Witness relocated pursuant to this Act shall be entitled complaint by the court in order that he may be a State
to a financial assistance from the Program for his Witness pursuant to Section 9 and 10 of Rule 119 of the
support and that of his family in such amount and for Revised Rules of Court may upon his petition be
such duration as the Department shall determine. admitted to the Program if he complies with the other
(c) In no case shall the Witness be removed from or requirements of this Act. Nothing in this Act shall
demoted in work because or on account of his prevent the discharge of an accused, so that he can be
absences due to his attendance before any judicial or


used as a State Witness under Rule 119 of the Revised to give such testimony or produce such documentary
Rules of Court. evidence.
Section 11. Sworn Statement. - Before any person is Section 15. Perjury or Contempt. - No Witness shall be
admitted into the Program pursuant to the next exempt from prosecution for perjury or contempt
preceding Section he shall execute a sworn statement committed while giving testimony or producing
describing in detail the manner in which the offense evidence under compulsion pursuant to this Act. The
was committed and his participation therein. If after penalty next higher in degree shall be imposed in case
said examination of said person, his sworn statement of conviction for perjury. The procedure prescribed
and other relevant facts, the Department is satisfied under Rule 71 of the Rules of Court shall be followed in
that the requirements of this Act and its implementing contempt proceedings but the penalty to be imposed
rules are complied with, it may admit such person into shall not be less than one (1) month but not more than
the Program and issue the corresponding certification. one (1) year imprisonment.
If his application for admission is denied, said sworn Section 16. Credibility of Witness. - In all criminal
statement and any other testimony given in support of cases, the fact of the entitlement of the Witness to the
said application shall not be admissible in evidence, protection and benefits provided for in this Act shall not
except for impeachment purposes. be admissible in evidence to diminish or affect his
Section 12. Effect of Admission of a State Witness credibility.
into the Program. - The certification of admission into Section 17. Penalty for Harassment of Witness. - Any
the Program by the Department shall be given full faith person who harasses a Witness and thereby hinders,
and credit by the provincial or city prosecutor who is delays, prevents or dissuades a Witness from:
required not to include the Witness in the criminal (a) attending or testifying before any judicial or
complaint or information and if included therein, to quasi-judicial body or investigating authority;
petition the court for his discharge in order that he can
utilized as a State Witness. The Court shall order the (b) reporting to a law enforcement officer or judge the
discharge and exclusion of the said accused from the commission or possible commission of an offense, or a
information. violation of conditions or probation, parole, or release
pending judicial proceedings;
Admission into the Program shall entitle such State
Witness to immunity from criminal prosecution for the (c) seeking the arrest of another person in connection
offense or offenses in which his testimony will be given with the offense;
or used and all the rights and benefits provided under (d) causing a criminal prosecution, or a proceeding for
Section 8 hereof. the revocation of a parole or probation; or
Section 13. Failure or Refusal of the Witness to (e) performing and enjoying the rights and benefits
Testify. - Any Witness registered in the Program who under this Act or attempts to do so, shall be fined not
fails or refuses to testify or to continue to testify without more than Three thousand pesos (P3,000.00) or suffer
just cause when lawfully obliged to do so, shall be imprisonment of not less than six (6) months but not
prosecuted for contempt. If he testifies falsely or more than one (1) year, or both, and he shall also suffer
evasively, he shall be liable to prosecution for perjury. If the penalty of perpetual disqualification from holding
a State Witness fails or refuses to testify, or testifies public office in case of a public officer.
falsely or evasively, or violates any condition
accompanying such immunity without just cause, as Section 18. Rules and Regulations. - The Department
determined in a hearing by the proper court, his shall promulgate such rules and regulations as may be
immunity shall be removed and he shall be subject to necessary to implement the intent and purposes of this
contempt or criminal prosecution. Moreover, the Act. Said rules and regulations shall be published in two
enjoyment of all rights and benefits under this Act shall (2) newspapers of general circulation.
be deemed terminated. Section 19. Repealing Clause. - All laws, decrees,
The Witness may, however, purge himself of the executive issuances, rules and regulations inconsistent
contumacious acts by testifying at any appropriate with this Act are hereby repealed or modified
stage of the proceedings. accordingly.
Section 14. Compelled Testimony. - Any Witness Section 20. Funding. - The amount of Ten million pesos
admitted into the Program pursuant to Sections 3 and (P10,000,000.00) is hereby authorized to be
10 of this Act cannot refuse to testify or give evidence or appropriated out of any funds in the National Treasury
produce books, documents, records or writings not otherwise appropriated to carry into effect the
necessary for the prosecution of the offense or offenses purpose of this Act.
for which he has been admitted into the Program on Expenses incurred in the implementation of the
the ground of the constitutional right against Program may be recovered as part of the cost or
self-incrimination but he shall enjoy immunity from indemnity imposed upon the accused.
criminal prosecution and cannot be subjected to any
penalty or forfeiture for any transaction, matter or thing Furthermore, other funding schemes or sources,
concerning his compelled testimony or books, subject to the limitations of the law, shall be allowed in
documents, records and writings produced. furtherance hereof.
In case of refusal of said Witness to testify or give Section 21. Separability Clause. - The declaration of
evidence or produce books, documents, records, or unconstitutionality or invalidity of any provision of this
writings, on the ground of the right against Act shall not affect the other provisions hereof.
self-incrimination, and the state prosecutor or Section 22. Effectivity. - This Act shall take effect after
investigator believes that such evidence is absolutely fifteen (15) days following its publication in two (2)
necessary for a successful prosecution of the offense or newspapers of general circulation.
offenses charged or under investigation, he, with the Approved: April 24, 1991
prior approval of the department, shall file a petition
with the appropriate court for the issuance of an order
requiring said Witness to testify, give evidence or
produce the books, documents, records, and writings THE 2012 IMPLEMENTING RULES AND
described, and the court shall issue the proper order. REGULATIONS OF R.A. NO. 6981
The court, upon motion of the state prosecutor or PURSUANT TO SECTION 18 OF REPUBLIC ACT NO. 6981,
investigator, shall order the arrest and detention of the THE FOLLOWING RULES AND REGULATIONS, KNOWN
Witness in any jail contiguous to the place of trial or AS THE 2012 IMPLEMENTING RULES AND
investigation until such time that the Witness is willing



REGULATIONS OF R.A. NO. 6981, ARE HEREBY personal knowledge and/or information about the
PROMULGATED: commission of a grave felony.
SECTION 6. Crime Involving Moral Turpitude. — a crime
ARTICLE I Definition of Terms which involves an act of baseness, vileness, depravity in
the private and social duties which a man owes his
SECTION 1. Witnesses. — fellow man, or to society in general, contrary to the
a. Witness — an individual who has personal knowledge accepted and customary rule of right and duty
of the commission of a grave felony but has no between man and man, or conduct contrary to justice,
participation therein, directly or indirectly. honesty, modesty and good morals.
b. State Witness — an individual who has participated SECTION 7. Witness Duty. — Witness duty includes:
in the commission of a grave felony and desires to be a a. Duty to attend and testify during judicial or
witness for the State and is qualified under Section 17, quasi-judicial hearings, or investigative body
Rule 119 of the Revised Rules of Criminal Procedure or investigations;
Section 10 of R.A. No. 6981.
b. Duty to meet, confer, and cooperate with prosecutors
b.1. A state witness under Section 17, Rule 119 of the or investigating officers;
Revised Rules of Criminal Procedure refers to an
c. Duty to execute affidavits and undertakings or
individual discharged as an accused by the Court and
produce evidence material and relevant to the criminal
admitted into the Program.
investigation or prosecution of a grave felony.
b.2. A state witness under Section 10 of R.A. No. 6981
A witness who is relocated to the Program's temporary
refers to: [a] a respondent who is included in the
shelter or safehouse shall be deemed to be under
criminal complaint, but is excluded from the criminal
witness duty.
information as determined by the Program; or, [b] an
accused admitted to the Program, but who has not SECTION 8. Economic Dislocation. — refers to loss or
been discharged by the Court under Section 12 of R.A. reduction of the income of a witness which renders him
No. 6981. incapable of providing for his and his family's daily
subsistence.
c. Judicial or Quasi-Judicial Body Witness — a witness
admitted to the Program who is about to testify, is
testifying, or has testified relative to the commission of ARTICLE II Implementors of the Program
a grave felony before any judicial or quasi-judicial body.
SECTION 1. The Chief Implementor. — The Secretary of
d. Investigative Authority Witness — a witness admitted the Department of Justice (DOJ) is the Chief
to the Program who is about to testify, is testifying, or Implementor. The Chief Implementor shall have control
has testified relative to the commission of a grave and supervision of the implementation of the Program
felony before any investigative authority. and shall exercise the following powers and functions:
e. Legislative Investigation Witness — a witness a. Formulate WPP policies, guidelines and operational
admitted to the Program who is about to testify, is frameworks;
testifying, or has testified in any legislative inquiry or
investigation in aid of legislation. b. Designate Program Implementors;
f. Temporary Shelter Witness (TSW) — a witness c. Approve or deny applications or recommendations
admitted to the Program who, for safety or security for admission to the Program;
reasons, is relocated to a Program's temporary shelter d. Approve or deny applications or recommendations
or safehouse and is provided with round-the-clock for termination of coverage;
security protection.
e. Review, confirm, reverse, affirm or modify actions
g. Relocated Witness (RW) — a witness admitted to the taken by Implementors; and
Program who, for security or safety reasons, is
transferred from his residence, or place where he f. Exercise other powers and functions as may be
usually stays, to another location, other than a necessary for the effective implementation of the
Program's temporary shelter or safehouse, where the Program.
level of threat is manageable, as determined by the SECTION 2. The Program Director. — The Program
Implementor, and is provided with security protection Director (PD) shall have the following powers and
only while performing witness duties. functions:
h. Outside Temporary Shelter Witness (OTSW) — a a. Assist the Chief Implementor in the implementation
witness admitted to the Program who refused to be of the Program;
placed in a temporary shelter or safehouse of the
Program, or to be relocated, and who opts to stay or b. Effectively recommend to the Chief Implementor
reside in his place of preference. WPP policies, guidelines and operational frameworks;
i. Witness under the Custody of Other Government c. Execute Program policies and guidelines;
Agencies — a witness who is under the protective d. Manage the Program's over-all operations;
custody of other government agencies. e. Prepare and defend the Program's budget in
SECTION 2. Program. — refers to the Witness Congress;
Protection, Security and Benefit Program, or the f. Approve Program fund disbursements;
WPSBP or WPP for brevity.
g. Approve recruitment, movement, discipline and
SECTION 3. Grave Felony. — a crime to which the law dismissal of Program personnel;
attaches a penalty of imprisonment above six (6) years
or a fine exceeding PHP6,000 (six thousand pesos). h. Approve contracts and requests for supply and
equipment purchases, except those involving
SECTION 4. Memorandum of Agreement (MOA). — a day-to-day operations;
document executed by the witness setting forth his
duties and responsibilities to the Program, or such i. Authorize the Program's agents or security officers to
other terms and conditions for his admission or carry firearms; and
continued coverage. j. Perform such other functions and duties as assigned
SECTION 5. Sworn Statement. — a written statement by the Chief Implementor.
under oath executed by an individual seeking
admission into the Program, disclosing in detail his


SECTION 3. The Assistant Program Director. — The application for admission to the Program shall be given
Assistant Program Director (APD) shall have the due course without the following:
following powers and functions: 1. Written application in such form as may be prescribed
a. Assist the Program Director in the discharge of his by the Program
functions; 2. Sworn statement as defined in Section 5, Article I of
b. Recommend action to the Program Director on all these Rules
requests for cash advances and other disbursements 3. Proof or Certificate of Compliance with R.A. No. 6981:
and liquidations;
a. A witness defined in Section 1 (a), Article I of these
c. Review reports from the Evaluators regarding Rules may be admitted to the Program upon showing
applications for coverage under the Program, that:
confirmation of admissions by the Implementors and
recommend action to be taken to the Program 1.1 The offense in which his testimony will be used is a
Director; grave felony;
d. Supervise and monitor the coverage of witnesses for 1.2 His testimony can be substantially corroborated in its
the purpose of determining whether or not the material points;
coverage shall be maintained or terminated; 1.3 He or any member of his family, within the second
e. Coordinate with other government agencies and civil degree of consanguinity or affinity, is subjected to
NGOs involved in the implementation of the Program; threats to his life or bodily injury or there is a likelihood
that he will be killed, forced, intimidated, harassed or
f. Render periodic reports to the Program Director; corrupted to prevent him from testifying, or to testify
g. Prepare referrals of witnesses to various Departments falsely, or evasively, because or on account of his
and agencies; testimony; and,
h. Coordinate with the Implementors regarding actions 1.4 He is not a law enforcement officer, even if he would
on the coverage of witnesses i.e., admission, be testifying against the other law enforcement
confirmation, extension, termination, monitoring of officers. In such a case, only the immediate members of
cases and other matters, and render periodic reports his family may avail themselves of the protection
concerning these matters to the Program Director; provided for under R.A. No.6981.
i. Prepare the necessary documents for WPP budget b. A state witness defined in Section 1 (b.1.), Article I of
presentation; these Rules may be admitted to the Program upon
j. Review the grant of benefits and recommend action showing that he has been discharged by the Court
to the Program Director; and pursuant to Section 17, Rule 119 of the Revised Rules of
Criminal Procedure.
k. Perform such other functions and duties as may be
assigned by the Chief Implementor and/or Program c. A state witness defined in Section 1 (b.2.), Article I of
Director. these Rules may be admitted to the Program upon
showing that:
SECTION 4. The Regional Implementors (RI). — Each
region shall have an Implementor who shall exercise 1.1. There is absolute necessity for his testimony;
the following powers and functions within his 1.2. There is no other direct evidence available for the
jurisdiction: proper prosecution of the offense committed, except
a. Manage and supervise the Program, its personnel, his testimony;
the witnesses and their dependents; 1.3. His testimony can be substantially corroborated in
b. Recommend measures for effective implementation its material points;
of the Program; 1.4. He does not appear to be the most guilty; and
c. In the exercise of his delegated authority, approve or 1.5. He has not at any time been convicted of any
deny applications for coverage and termination; offense involving moral turpitude.
d. Coordinate with other government agencies and civil 4. Memorandum of Agreement
society organizations concerning Program 5. Approval of application by Implementor
implementation;
B. Additional Requirements — In addition to the
e. Recommend to the Program Director personnel indispensable requirements, the Implementor may
recruitment and disciplinary action; require an applicant to submit any of the following as a
f. Recommend to the Program Director approval of condition for his admission:
contracts, other than those involving day-to-day 1. Resolution on the Preliminary Investigation; Report of
operations; the Investigation; Information filed in Court; or, Order of
g. Act as Special Disbursing Officer, unless the Chief discharge as state witness;
Implementor provides otherwise; 2. Medical, psychological, drug test results of the
h. Monitor WPP cases and submit periodic reports to applicant or those to be placed in the temporary shelter
the Program Director; or safehouse;
i. Direct prosecutors to expedite WPP cases and to 3. Threat Assessment by Law Enforcement Agencies;
submit periodic reports; and 4. Income Tax Returns of the applicant;
j. Perform such other functions and duties as may be 5. Certification of Indigency of the applicant from
assigned by the Chief Implementor and/or Program DSWD or barangay;
Director.
6. Court, Police and NBI Clearance of the applicant or
those who will be placed in the temporary shelter or
ARTICLE III Program Application safehouse; and,
SECTION 1. Requirements. — Applicants for admission 7. Other similar documents.
to the Program must submit or comply with the C. Legislative Investigation Witness Requirements — In
following: legislative investigations in aid of legislation, a witness
A. Indispensable Requirements — Unless otherwise may be admitted into the Program upon showing that:
provided in these Rules or by the Chief Implementor, no (1) he is recommended to be admitted to the Program
by the concerned Legislative Committee where his


testimony is needed; (2) The recommendation of the primarily describes what the witness should do or not
concerned Legislative Committee is duly approved by do while he is under the Program's coverage.
the Senate President or by the Speaker of the House of SECTION 2. Obligations of Witnesses. — Before a person
Representatives, as the case may be; and, (3) he has is admitted to the Program, he shall execute a MOA
submitted a duly accomplished application form. which shall set forth his duties and responsibilities to
SECTION 2. Where to File. — Applications for admission the Program and such other terms and conditions for
to the Program may be filed in the following: his admission or continued coverage which shall
a. Regional Implementor's Office include, among others, the following:
b. WPP Central Office in Manila a) to testify before, and provide information to, all
appropriate law enforcement officials concerning all
SECTION 3. Processing of Applications. — appropriate proceedings in connection with, or arising
a. As soon as the application accompanied by the from, the activities involved in the offense charged;
supporting requirements (hereafter collectively called b) to avoid the commission of a crime;
"application records") are filed, they shall be
immediately placed in a folder conspicuously marked c) to take all necessary precautions for his own security
"confidential", docketed and, without delay, forwarded and to avoid detection by others of the facts concerning
to the Implementor for assignment to an Evaluator. the protection provided him under this Act;
b. Upon receipt of the application records, the Evaluator d) to comply with legal obligations and civil judgments

shall immediately examine the same and, if necessary, against him;
interview the applicant. Unless the Implementor or e) to cooperate with respect to all reasonable requests
Program Director requires a shorter period, the of officers and employees of the Government who are
Evaluator within two (2) days from the interview, which providing protection under this Act;
shall be completed within twenty (24) hours, shall f) to regularly inform the appropriate Program official of
submit his recommendation to the Implementor. his current activities and address; and
c. The Implementor shall act on the Evaluator's g) such other duties and responsibilities and terms and
recommendation immediately upon receipt thereof conditions as the Implementor may impose.
and shall notify in writing the applicant of any action
taken thereon.
d. In the event the Implementor decides to admit the ARTICLE VII Assistance to Witnesses
applicant, he shall require the applicant to execute a Witnesses admitted to the Program may be entitled to
MOA. the following assistance:
e. Any action taken by the Implementor on the SECTION 1. Financial Assistance. — is the monetary
application shall be final, without prejudice to the Chief assistance given to witnesses for their subsistence in
Implementor's power of review. For this purpose, all such amount as may be determined by the Program.
approved applications shall be forwarded to the
Program's Central Office within three (3) days from Only witnesses who suffer economic dislocation by
approval. reason of his relocation for security or safety reasons, or
inability to earn for daily subsistence as a consequence
f. Applicants whose applications are denied or of his admission to the Program, shall be entitled to
witnesses whose coverage are terminated by financial assistance.
Implementors, may appeal to the Chief Implementor
within fifteen (15) days from receipt of the notice of SECTION 2. Dependent's Allowance. — is the monetary
denial of their application and/or termination of their assistance given to an economically dislocated witness
coverage on the ground of grave abuse of discretion on for their minor children not exceeding four (4) in
the part of the Implementor. number.
SECTION 3. Medical Assistance. — is the monetary
assistance given to a witness for medical treatment,
ARTICLE IV Effectivity of Admission hospitalization and medicines for injury or illness
Witnesses are deemed admitted to the Program upon incurred or suffered by him while performing witness
the issuance of a Certificate of Admission and Coverage duties.
by the Implementor. SECTION 4. Security Protection. — The Program may
provide the following security protection:
ARTICLE V Types of Admission a. Round-the-clock security protection, for witnesses
and their family members, within the second degree of
SECTION 1. Regular Admission. — A witness who has consanguinity or affinity, staying in the Program's
submitted or complied with all indispensable temporary shelter or safehouse;
requirements and such other additional documents
required by the Implementor, and whose application b. Security protection while performing witness duty
has been approved, shall be granted regular admission. only, for relocated witness or those outside the
Program's temporary shelter or safehouse; and
SECTION 2. Provisional Admission. — A witness who has
complied with all indispensable requirements for c. Limited security protection while not performing
admission, but lacks the additional requirements witness duty, for relocated witnesses or those outside
required by the Implementor, may be granted the Program's temporary shelter or safehouse. Limited
provisional or conditional admission. security protection may take the form of security
monitoring of the witnesses and/or endorsement or
A state witness defined under Sec. 1 (b.2. [b]), Article I of coordination with law enforcement agencies
these Rules who has not been discharged by the Court, concerning the security and safety of the witnesses.
may be granted provisional admission. Such provisional
admission shall become regular upon submission of SECTION 5. Livelihood Assistance. — is the assistance
the Order of discharge by the Court. provided to the witness in obtaining a means of
livelihood, which may include skills training,
employment, or assistance for any employment or
ARTICLE VI Memorandum of Agreement business opportunities.
SECTION 1. Nature. — A Memorandum of Agreement SECTION 6. Termination Assistance. — is the relocation
(MOA) is not a contract, but an undertaking which or monetary assistance, in an amount determined by


the Program, given to a witness whose coverage is SECTION 1. Completion of Witness Duty/Manageable
terminated without his fault. Threat Level. — After completion of witness' testimony
SECTION 7. Educational Assistance. — Witnesses are and after the threat has been assessed to be at a
primarily responsible for the education of their children. manageable level, coverage may be terminated,
However, if the witness becomes incapacitated or is without prejudice to re-admission in case serious
killed due to witness duty, his dependent children shall threats re-appear.
be entitled to educational assistance as may be Termination of the coverage shall take effect thirty (30)
determined by the Program. days from receipt by the witness of the notice of
SECTION 8. Burial Assistance. — In case the witness is termination, unless a different date is agreed upon.
killed while performing witness duty, his heirs shall be SECTION 2. Accused-at-Large/Case Archived. — In
entitled to burial benefits as may be determined by the cases where none of the accused has been arrested, the
Program. coverage of the witness shall be terminated two years
SECTION 9. Change of Identity. — The personal identity after the case has been archived. On meritorious
of the witness may be changed as may be provided by grounds, the Program may extend the coverage for a
law. maximum period of one year. Such termination shall be
without prejudice to the witness' re-admission or
reinstatement in the event that any of the
ARTICLE VIII Waiver of Benefits accused-at-large is arrested.
A witness may waive, in writing, any of his benefits SECTION 3. Violation/Breach/Noncompliance with
under R.A. No. 6981, such as, but not limited to, financial Witness Obligation.— Coverage may be terminated by
assistance, temporary shelter and security protection. A written notice if a witness breaches any MOA
waiver absolves the Program completely of whatever stipulation, violates any Program rules or any other
responsibility it may have over the witness' safety and condition for his coverage. Termination shall take effect
security. five (5) days from receipt of notice. However, in case of
serious breach or violation of the MOA or the Program
rules or guidelines, such as those involving security,
ARTICLE IX Custody by Other Government confidentiality or similar matters, termination of the
coverage shall be effective immediately.
Agencies
SECTION 4. Personal Request of the Witness. — The
SECTION 1. Witness Under Detention. — The Program coverage of the witness may be terminated upon his
shall not take into its protective custody a witness who written request. Such termination will be effective upon
is under detention for any lawful cause. However, it shall approval by the Implementor or on such a date as may
direct the custodian of the witness to take necessary be agreed upon.
measures to ensure the safety and security of the
witness.
SECTION 2. Child Witness. — As far as practicable, a ARTICLE XI Periodic Evaluation of Coverage
child witness shall remain under the protective custody The coverage of a witness who has been granted
of the DSWD pursuant to the provisions of R.A. No. 7610. regular admission shall be effective until terminated.
If the DSWD cannot adequately secure the child Provisional coverage is effective for a period not to
witness, or if his parents refuse DSWD protective exceed ninety (90) days, without prejudice to an
custody, the Program shall determine whether the extension.
child witness should be transferred to a temporary
shelter or shall remain with his parents. For the purpose of monitoring and determining the
basis for continued coverage, Implementors shall
SECTION 3. Witness Under the Protective Custody of submit a quarterly report on the status of all cases
Other Government Agencies. — The Program may involving covered witnesses which should contain,
allow its witnesses to be under the protective custody among others, these information:
of other government agencies provided that the
following requirements are fulfilled: 1. Stage of proceedings;
a. The government agency or the witness requests in 2. Whether or not witness has testified;
writing for the transfer of protective custody from the 3. Next hearing dates;
WPP to the concerned agency.
4. Level of threats/intimidation; and
b. There is a written agreement between the
government agency to which custody will be 5. Other relevant information.
transferred and the witness on the transfer of protective
custody. ARTICLE XII Re-instatement and Re-admission
c. The government agency to which the custody is
SECTION 1. Re-instatement. — The handling prosecutor
transferred undertakes to provide adequate security to
or the witness may, within six (6) months from the
the witness and complies with the Program's
termination of the coverage, request in writing for the
guidelines.
reinstatement of the coverage of the witness should
d. The Program is satisfied with the government the need therefor arise.
agency's capacity to secure the witness.
A reinstatement to the Program shall be reported to
e. The government agency shall closely coordinate and the Program Director and subject to the confirmation
regularly consult with the concerned Implementor on by the Chief Implementor.
the safety and security of the witness.
SECTION 2. Re-admission. — After the lapse of six (6)
Witnesses under the custody of other government months from the termination of a coverage, and the
agencies or non-governmental organizations shall be need arises to cover the witness, the handling
classified as relocated witnesses. prosecutor or the witness may request in writing for the
re-admission of the witness. A request for re-admission
shall be treated as a new application, and shall be
ARTICLE X Grounds for Termination of subject to the requirements for a new applicant.
Coverage
The Program's coverage of the witness may be
terminated upon written notice based on the following:


Section 1. Title. - This Act shall be known as the
ARTICLE XIII Action to Protect Witnesses and "Speedy Trial Act of 1998."
Implementors Section 2. Mandatory Pre-Trial in Criminal Cases. - In
all cases cognizable by the Municipal Trial Court,
If a witness is admitted to the Program, or is being Municipal Circuit Trial Court, Metropolitan Trial Court,
assessed for possible coverage, the Chief Implementor Regional Trial Court, and the Sandiganbayan, the
may take such action as he considers necessary and justice or judge shall, after arraignment, order a pre-trial
reasonable to protect the witness' safety and welfare, conference to consider the following:
while also protecting his own safety and that of the PD,
APD, RI, Program personnel and handling prosecutors (a) Plea bargaining;
to the extent that is authorized by law. (b) Stipulation of Facts;
(c) Marking for identification of evidence of parties;
ARTICLE XIV Confidentiality (d) Waiver of objections to admissibility of evidence; and
All matters involving the application to, and coverage (e) Such other matters as will promote a fair and
under, the Program shall be confidential in nature. No expeditious trial.
information or document relative thereto shall be Section 3. Pre-Trial Agreement. - All agreements or
disclosed or released except upon written order of the admissions made or entered into during the pre-trial
Chief Implementor or the Court. conference shall be reduced to writing and signed by
the accused and counsel, otherwise the same shall not
ARTICLE XV Violations and Penalty be used in evidence against the accused. The
agreements in relation to matters referred to in Section
The following acts shall be penalized according to law: 2 hereof is subject to the approval of the court:
SECTION 1. Violation of the confidentiality of the Provided, That the agreement on the plea of the
proceedings involving coverage in the Program and the accused to a lesser offense may only be revised,
action taken thereon. modified, or annulled by the court when the same is
contrary to law, public morals, or public policy.
SECTION 2. Failure or refusal to testify or to continue to
testify, without just cause when lawfully obliged to do Section 4. Nonappearance at Pre-Trial Conference. -
so. If a witness testifies falsely or evasively or fails or Where counsel for the accused or the prosecutor does
refuses to testify, or violates any condition not appear at the pre-trial conference and does not
accompanying such immunity without just cause, the offer an acceptable excuse for his/her lack of
enjoyment of all rights and benefits under R.A No. 6981 cooperation, the pre-trial justice or judge may impose
shall be deemed terminated. proper sanctions or penalties.
SECTION 3. Giving false testimony or producing false Section 5. Pre-Trial Order. - After the pre-trial
evidence. conference, the court shall issue an order reciting the
actions taken, the facts stipulated, and evidence
SECTION 4. Harassment of witness thereby hindering, marked. Such order shall bind the parties, limit the trial
delaying, preventing or dissuading him from: to matters not disposed of and control the course of
a. attending or testifying before any judicial or action during the trial, unless modified by the court to
quasi-judicial body or investigating authority; prevent manifest injustice.
b. reporting to a law enforcement officer or judge the Section 6. Time Limit for Trial. - In criminal cases
commission or possible commission of an offense, or a involving persons charged of a crime, except those
violation of conditions of probation, parole, or release subject to the Rules on Summary Procedure, or where
pending judicial proceedings; the penalty prescribed by law does not exceed six (6)
months imprisonment, or a fine of One thousand pesos
c. seeking the arrest of another person in connection (P1,000.00) or both, irrespective of other imposable
with the offense; penalties, the justice or judge shall, after consultation
d. causing a criminal prosecution, or a proceeding for with the public prosecutor and the counsel for the
the revocation of a parole or probation; accused, set the case for continuous trial on a weekly or
other short-term trial calendar at the earliest possible
e. performing and enjoying the rights and benefits time so as to ensure speedy trial. In no case shall the
under this Act or attempts to do so. entire trial period exceed one hundred eighty (180) days
from the first day of trial, except as otherwise
ARTICLE XVI Effectivity authorized by the Chief Justice of the Supreme Court
pursuant to Section 3, Rule 22 of the Rules of Court.
These Implementing Rules and Regulations shall
Section 7. Time Limit Between Filing of Information
become effective after fifteen (15) days following their
and Arraignment and Between Arraignment and
publication in two (2) newspapers of general circulation.
Trial. - The arraignment of an accused shall be held
DONE this 16th day of December, 2012 in the City of within thirty (30) days from the filing of the information,
Manila. or from the date the accused has appeared before the
(The 2012 Implementing Rules and Regulations of R.A. justice, judge or court in which the charge is pending,
No. 6981, IRR-RA 6981, [December 16, 2012]) whichever date last occurs. Thereafter, where a plea of
not guilty is entered, the accused shall have at least
fifteen (15) days to prepare for trial. Trial shall
RA No 8493 | Speedy Trial Act of 1998 commence within thirty (30) days from arraignment as
fixed by the court.
February 12, 1998 If the accused pleads not guilty to the crime charged,
AN ACT TO ENSURE A SPEEDY TRIAL OF ALL he/she shall state whether he/she interposes a negative
CRIMINAL CASES BEFORE THE SANDIGANBAYAN, or affirmative defense. A negative defense shall require
REGIONAL TRIAL COURT, METROPOLITAN TRIAL the prosecution to prove the guilt of the accused
COURT, MUNICIPAL TRIAL COURT, AND MUNICIPAL beyond reasonable doubt, while an affirmative defense
CIRCUIT TRIAL COURT, APPROPRIATING FUNDS may modify the order of trial and require the accused
THEREFOR, AND FOR OTHER PURPOSES to prove such defense by clear and convincing
evidence.
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress Section 8. Time Limit Following an Order for New
assembled:: Trial. - If the accused is to be tried again following an



order of a court for a new trial, the trial shall commence granted such continuance on the basis of his/her
within thirty (30) days from the date the order for a new findings that the ends of justice served by taking such
trial becomes final, except that the court retrying the action outweigh the best interest of the public and the
case may extend such period but in any case shall not defendant in a speedy trial. No such period of delay
exceed one hundred eighty (180) days from the date resulting from a continuance granted by the court in
the order for a new trial becomes final if unavailability accordance with this subparagraph shall be excludable
of witnesses or other factors resulting from passage of under this section unless the court sets forth, in the
time shall make trial within thirty (30) days impractical. record of the case, either orally or in writing, its reasons
Section 9. Extended Time Limit. - Notwithstanding the for finding that the ends of justice served by the
provisions of Section 7 of this Act, for the first granting of such continuance outweigh the best
twelve-calendar-month period following its effectivity, interests of the public and the accused in a speedy trial.
the time limit with respect to the period from Section 11. Factors for Granting Continuance. - The
arraignment to trial imposed by Section 7 of this Act factors, among others, which a justice or judge shall
shall be one hundred eighty (180) days. For the second consider in determining whether to grant a
twelve-month period the time limit shall be one continuance under subparagraph (f) of Section 10 of
hundred twenty (120) days, and for the third this Act are as follows:
twelve-month period the time limit with respect to the (a) Whether the failure to grant such a continuance in
period from arraignment to trial shall be eighty (80) the proceeding would be likely to make a continuation
days. of such proceeding impossible, or result in a
Section 10. Exclusions. - The following periods of delay miscarriage of justice.
shall be excluded in computing the time within which (b) Whether the case taken as a whole is so novel, so
trial must commence: unusual and so complex, due to the number of accused
(a) Any period of delay resulting from other or the nature of the prosecution or otherwise, that it is
proceedings concerning the accused, including but not unreasonable to expect adequate preparation within
limited to the following: the periods of time established by this Act.
(1) delay resulting from an examination of the accused, No continuance under subparagraph (f) of Section 10
and hearing on his/her mental competency, or physical shall be granted because of general congestion of the
incapacity; court's calendar, or lack of diligent preparation or failure
(2) delay resulting from trials with respect to charges to obtain available witnesses on the part of the public
against the accused; prosecutor.
(3) delay resulting from interlocutory appeals; Section 12. Public Attorney's Duties Where Accused
is Imprisoned. - If the public attorney knows that a
(4) delay resulting from hearings on pre-trial motions: person charged of a crime is preventively detained,
Provided, That the delay does not exceed thirty (30) either because he/she is charged of a bailable crime
days, and has no means to post bail, or is charged of a
(5) delay resulting from orders of inhibition, or non-bailable crime, or is serving a term of
proceedings relating to change of venue of cases or imprisonment in any penal institution, the public
transfer from other courts; attorney shall promptly:
(6) delay resulting from a finding of the existence of a (a) Undertake to obtain the presence of the prisoner for
valid prejudicial question; and trial, or cause a notice to be served on the person
having custody of the prisoner mandating such person
(7) delay reasonably attributable to any period, not to to so advise the prisoner of his/her right to demand
exceed thirty (30) days, during which any proceeding trial.
concerning the accused is actually under advisement.
(b) Upon receipt of a notice, the person having custody
(b) Any period of delay resulting from the absence or of the prisoner shall promptly advise the prisoner of the
unavailability of the accused or an essential witness. charge and of his/her right to demand trial. If at any
For purposes of this subparagraph, an accused or an time thereafter the prisoner informs the person having
essential witness shall be considered absent when custody that he/she demands trial, such person shall
his/her whereabouts are unknown and, in addition, cause notice to that effect to be sent promptly to the
he/she is attempting to avoid apprehension or public attorney.
prosecution or his/her whereabouts cannot be (c) Upon receipt of such notice, the public attorney shall
determined by due diligence. An accused or an promptly seek to obtain the presence of the prisoner for
essential witness shall be considered unavailable trial.
whenever his/her whereabouts are known but his/her
presence for trial cannot be obtained by due diligence (d) When the person having custody of the prisoner
or he/she resists appearing at or being returned for trial. receives from the public attorney a properly supported
request for temporary custody of the prisoner for trial,
(c) Any period of delay resulting from the fact that the the prisoner shall be made available to that public
accused is mentally incompetent or physically unable attorney.
to stand trial.
Section 13. Remedy Where Accused is Not Brought to
(d) If the information is dismissed upon motion of the Trial Within the Time Limit. - If an accused is not
prosecution and thereafter a charge is filed against the brought to trial within the time limit required by
accused for the same offense, or any offense required to Section 7 of this Act as extended by Section 9, the
be joined with that offense, any period of delay from information shall be dismissed on motion of the
the date the charge was dismissed to the date the time accused. The accused shall have the burden of proof of
limitation would commence to run as to the supporting such motion but the prosecution shall have
subsequent charge had there been no previous charge. the burden of going forward with the evidence in
(e) A reasonable period of delay when the accused is connection with the exclusion of time under Section 10
joined for trial with a co-accused over whom the court of this Act.
has not acquired jurisdiction, or as to whom the time In determining whether to dismiss the case with or
for trial has not run and no motion for severance has without prejudice, the court shall consider, among
been granted. other factors, the seriousness of the offense, the facts
(f) Any period of delay resulting from a continuance and circumstances of the case which led to the
granted by any justice or judge motu propio or on dismissal, and the impact of a reprosecution on the
motion of the accused or his/her counsel or at the implementation of this Act and on the administration
request of the public prosecutor, if the justice or judge of justice. Failure of the accused to move for dismissal



prior to trial or entry of a plea of guilty shall constitute a Approved: February 12, 1998
waiver of the right to dismissal under this section.
Section 14. Sanctions. - In any case in which counsel
for the accused, the public prosecution or public RA No 8369 | Family Courts Act of 1997
attorney: October 28, 1997
(a) knowingly allows the case to be set for trial without AN ACT ESTABLISHING FAMILY COURTS, GRANTING
disclosing the fact that a necessary witness would be THEM EXCLUSIVE ORIGINAL JURISDICTION OVER
unavailable for trial; CHILD AND FAMILY CASES, AMENDING BATAS
(b) files a motion solely for the purpose of delay which PAMBANSA BILANG 129,AS AMENDED, OTHERWISE
he/she knows is totally frivolous and without merit; KNOWN AS ACT OF 1980, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
(c) makes a statement for the purpose of obtaining
continuance which he/she knows to be false and which Be it enacted by the Senate and House of
is material to the granting of a continuance; or Representatives of the Philippines in Congress
assembled::
(d) otherwise willfully fails to proceed to trial without
justification consistent with the provisions of this Act, Section 1. Title. - This Act shall be known as the "Family
the court may, without prejudice to any appropriate Courts Act of 1997".
criminal and/or administrative charges to be instituted Section 2. Statement of National Policies. - The State
by the proper party against the erring counsel if and shall protect the rights and promote the welfare of
when warranted, punish any such counsel or attorney, children in keeping with the mandate of the
as follows: Constitution and the precepts of the United Nations
(1) in the case of a counsel privately retained in Convention on the rights of the Child. The State shall
connection with the defense of an accused, by provide a system of adjudication for youthful offenders
imposing a fine not exceeding; fifty percent (50%) of the which takes into account their peculiar circumstances.
compensation to which he/she is entitled in connection The State recognizes the sanctity of family life and shall
with his/her defense of the accused; protect and strengthen the family as a basic
(2) by imposing on any appointed counsel de officio or autonomous social institution. The courts shall preserve
public prosecutor a fine not exceeding Ten thousand the solidarity of the family, provide procedures for the
pesos (10,000.00); and reconciliation of spouses and the amicable settlement
of family controversy.
(3) by denying any defense counsel or public prosecutor
the right to practice before the court considering the Section 3. Establishment of Family Courts. - There
case for a period not exceeding thirty (30) days. shall be established a Family Court in every province
and city in the country. In case where the city is the
The authority to punish provided for by this section capital of the province, the Family Court shall be
shall be in addition to any other authority or power established in the municipality which has the highest
available to the court. The court shall follow the population.
procedures established in the Rules of Court in
punishing any counsel or public prosecutor pursuant to Section 4. Qualification and Training of Family Court
this section. Judges. - Sec. 15 of Batas Pambansa Blg. 129, as
amended, is hereby further amended to read as follows:
Section 15. Rules and Regulations. - The Supreme
Court shall promulgate rules, regulations, "Sec. 15. (a) Qualification. - No person shall be
administrative orders and circulars which shall seek to appointed Regional Trial Judge or Presiding Judge of
accelerate the disposition of criminal cases. The rules, the Family Court unless he is a natural-born citizen of
regulations, administrative orders and circulars the Philippines, at least thirty-five (35) years of age, and,
formulated shall provide sanctions against justices and for at least ten (10) years, has been engaged in the
judges who willfully fail to proceed to trial without practice of law in the Philippines or has held a public
justification consistent with the provisions of this Act. office in the Philippines requiring admission to the
practice of law as indispensable requisite.
Section 16. Funding. - For the effective implementation
of the rules, regulations, administrative orders and "(b) Training of Family Court Judges. - The Presiding
circulars promulgated under this Act, the amount of Judge, as well as the court personnel of the Family
Twenty million pesos (P20,000,000.00) annually shall be Courts, shall undergo training and must have the
appropriated from the allocation of the Supreme Court experience and demonstrated ability in dealing with
under the General Appropriations Act. Thereafter, such child and family cases.
additional amounts as may be necessary for its "The Supreme Court shall provide a continuing
continued implementation shall be included in the education program on child and family laws, procedure
annual General Appropriations Act. and other related disciplines to judges and personnel of
Section 17. Act Not a Bar to Speedy Trial Claim Under such courts."
the Constitution. - No provision of this Act shall be Section 5. Jurisdiction offamily Courts. - The Family
interpreted as a bar to any claim of denial of speedy trial Courts shall have exclusive original jurisdiction to hear
as required by Article III, Section 14(2) of the 1987 and decide the following cases:
Constitution.
a) Criminal cases where one or more of the accused is
Section 18. Repealing Clause. - All laws, presidential below eighteen (18) years of age but not less than nine
decrees, executive orders, rules and regulations or parts (9) years of age but not less than nine (9) years of age or
thereof inconsistent with the provisions of this Act are where one or more of the victims is a minor at the time
hereby repealed or modified accordingly. of the commission of the offense: Provided, That if the
Section 19. Separability Clause. - In case any provision minor is found guilty, the court shall promulgate
of this Act is declared unconstitutional, the other sentence and ascertain any civil liability which the
provisions shall remain in effect. accused may have incurred.
Section 20. Effectivity. - This Act shall take effect after The sentence, however, shall be suspended without
fifteen (15) days following its publication in the Official need of application pursuant to Ptesidential Decree No.
Gazette or in any newspaper of general circulation: 603, otherwise known as the "Child and Youth Welfare
Provided, That Section 7 of this Act shall become Code";
effective after the expiration of the aforementioned b) Petitions for guardianship, custody of children,
third-calendar-month period provided in Section 9 of habeas corpus in relation to the latter;
this Act.


c) Petitions for adoption of children and the revocation community continuum, or diversions from the justice
thereof; system: Provided, further, That the human rights of the
d) Complaints for annulment of marriage, declaration of accused are fully respected in a manner appropriate to
nullity of marriage and those relating to marital status their well-being.
and property relations of husband and wife or those Section 9. Social Services and Counseling Division. -
living together under different status and agreements, Under the guidance ofthe Department of Social
and petitions for dissolution of conjugal partnership of Welfare and Development (DSWD), a Social Services
gains; and Counseling Division (SSCD) shall be established in
e) Petitions for support and/or acknowledgment; each judicial region as the Supreme Court shall deem
necessary based on the number of juvenile and family
f) Summary judicial proceedings brought under the cases existing in such jurisdiction. It shall provide
provisions of Executive Order No. 209, otherwise known appropriate social services to all juvenile and family
as the "Family Code of the Philippines"; cases filed with the court and recommend the proper
g) Petitions for declaration of status of children as social action. It shall also develop programs, formulate
abandoned, dependent o neglected children, petitions uniform policies and procedures, and provide technical
for voluntary or involuntary commitment of children; supervision and monitoring of all SSCD in coordination
the suspension, termination, or restoration of parental with the judge.
authority and other cases cognizable under Presidential Section 10. Social Services and Counseling Division
Decree No. 603, Executive Order No. 56, (Series of 1986), Staff. - The SSCD shall have a staff composed of
and other related laws; qualified social workers and other personnel with
h) Petitions for the constitution of the family home; academic preparation in behavioral sciences to carry
out the duties'of conducting intake assessment, social
i) Cases against minors cognizable under the case studies, casework and counseling, and othersocial
Dangerous Drugs Act, as amended; services that may be needed in connection with cases
j) Violations of Republic Act No. 7610, otherwise known filed with the court: Provided, however, That in
as the "Special Protection of Children Against Child adoption cases and in petitions for declaration of
Abuse, Exploitation and Discrimination Act," as abandonment, the case studies may be prepared by
amended by Republic Act No. 7658; and social workers of duly licensed child caring or child
placement agencies, or the DSWD. When warranted,
k) Cases of domestic violence against: the division shall recommend that the court avail itself
1) Women - which are acts of gender based violence of consultative services of psychiatrists, psychologists,
that results, or are likely to result in physical, sexual or and other qualified specialists presently employed in
psychological harm or suffering to women; and other other departments of the government in connection
forms of physical abuse such as battering or threats and with its cases.
coercion which violate a woman's personhood, integrity The position of Social Work Adviser shall be created
and freedom movement; and under the Office of the Court Administrator, who shall
2) Children - which include the commission of all forms monitor and supervise the SSCD ofthe Regional Trial
of abuse, neglect, cruelty, exploitation, violence, and Court.
discrimination and all other conditions prejudicial to Section 11. Alternative Social Services. - In accordance
their development. with Sec. 17 of this Act, in areas where no Family Court
If an act constitutes a criminal offense, the accused or has been established or no Regional Trial Court was
batterer shall be subject to criminal proceedings and designated by the Supreme Court due to the limited
the corresponding penalties. number of cases, the DSWD shall designate and assign
If any question involving any of the above matters qualified, trained, and DSWD accredited social workers
should arise as an incident in any case pending in the of the local government units to handle juvenile and
regular courts, said incident shall be determined in that family cases filed in the designated Regional Trial Court
court. of the place.
Section 6. Use of Income. - All Family Courts shall be Section 12. Privacy and Confidentiality of
allowed the use of ten per cent (10%) of their income Proceedings. - All hearings and conciliation of the child
derived from filing and other court fees under Rule 141 and family cases shall be treated in a manner
of the Rules of Court for research and other operating consistent with the promotion of the child's and the
expenses including capital outlay: Provided, That this family's dignity and worth, and shall respect their
benefit shall likewise be enjoyed by all courts of justice. privacy at all stages of the proceedings. Records of the
cases shall be dealt with utmost confidentiality and the
The Supreme Court shall promulgate the necessary identity of parties shall not be divulged unless
guidelines to effectively implement the provisions of necessary and with authority of the judge.
this Sec.
Section 13. Special Rules of Procedure. - The Supreme
Section 7. Special Provisional Remedies. - In cases of Court shall promulgate special rules of procedure for
violence among immediate family members living in the transfer of cases to the new courts during the
the same domicile or household, the Family Court may transition period and for the disposition of family cases
issue a restraining order against the accused of with the best interests of the child and the protection of
defendant upon verified application by the the family as primary consideration taking into account
complainant or the victim for relief from abuse. the United Nations Convention on the Rights of the
The court may order the temporary custody of children Child.
in all civil actions for their custody. The court may also Section 14. Appeals. - Decisions and orders of the court
order support pendente lite, including deduction from shall be appealed in the same manner and subject to
the salary and use of conjugal home and other the same conditions as appeals from the ordinary
properties in all civil actions for support. Regional Trial Courts.
Section 8. Supervision of Youth Detention Homes. - Section 15. Appropriations. - The amount necessary to
The judge of the Family Court shall have direct control carry out the provisions of this Act shall be included in
and supervision of the youth detention home which the the General Appropriations Act of the year following in
local government unit shall establish to separate the its enactment into law and thereafter.
youth offenders from adult criminals: Provided,
however, That alternatives to detention and Section 16. Implementing Rules and Regulations. -
institutional care shall be made available to the The Supreme Court, in coordination with the DSWD,
accused including counseling, recognizance, bail, shall formulate the necessary rules and regulations for


the effective implementation of the social aspects of SEC. 3. Definition of Terms. - For purposes of this Act,
this Act. the term:
Section 17. Transitory Provisions. - Pending the (a) "Alternative Dispute Resolution System" means any
establishment of such Family Courts, the Supreme process or procedure used to resolve a dispute or
Court shall designate from among the branches ofthe controversy, other than by adjudication of a presiding
Regional Trial Court at least one Family Court in each of judge of a court or an officer of a government agency,
the cities of Manila, Quezon, Pasay, Caloocan, Makati, as defined in this Act, in which a neutral third party
Pasig, Mandaluyong, Muntinlupa, Laoag, Baguio, participates to assist in the resolution of issues, which
Santiago, Dagupan, Olongapo, Cabanatuan, San Jose, includes arbitration, mediation, conciliation, early
Angeles, Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, neutral evaluation, mini-trial, or any combination
Roxas, Iloilo, Bacolod, Dumaguete, Tacloban, Cebu, thereof;
Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de Oro, (b) "ADR Provider" means institutions or persons
Davao, General Santos, Oroquieta, Ozamis, Dipolog, accredited as mediator, conciliator, arbitrator, neutral
Zamboanga, Pagadian, Iligan, and in such other places evaluator, or any person exercising similar functions in
as the Supreme Court may deem necessary. any Alternative Dispute Resolution system. This is
Additional cases other than those provided in Sec. 5 without prejudice to the rights of the parties to choose
may be assigned to the Family Courts when their nonaccredited individuals to act as mediator,
dockets permit: Provided, That such additional cases conciliator, arbitrator, or neutral evaluator of their
shall not be heard on the same day family cases are dispute.
heard. Whenever reffered to in this Act, the term "ADR
In areas where there are no Family Courts, the cases practitioners" shall refer to individuals acting as
referred to in Sec. 5 of this Act shall be adjudicated by mediator, conciliator, arbitrator or neutral evaluator;
the Regional Trial Court. (c) "Authenticate" means to sign, execute or adopt a
Section 18. Separability Clause. - In case any provision symbol, or encrypt a record in whole or in part,
of this Act is declared unconstitutional, the other intended to identity the authenticating party and to
provisions shall remain in effect. adopt, accept or establish the authenticity of a record
Section 19. Repealing Clause. - All other laws, decrees, or term;
executive orders, rules or regulations inconsistent (d) "Arbitration" means a voluntary dispute resolution
herewith are hereby repealed, amended or modified process in which one or more arbitrators, appointed in
accordingly. accordance with the agreement of the parties, or rules
Section 20. Effectivity. - This Act shall take effect promulgated pursuant to this Act, resolve a dispute by
fifteen (15) days after its publication in at least two (2) rendering an award;
national newspapers of general circulation. (e) "Arbitrator" means the person appointed to render
Approved October 28, 1997. an award, alone or with others, in a dispute that is the
subject of an arbitration agreement;
(f) "Award" means any partial or final decision by an
RA No 9285 | Alternative Dispute arbitrator in resolving the issue in a controversy;
Resolution Act of 2004 (g) "Commercial Arbitration" An arbitration is

"commercial if it covers matter arising from all
April 2, 2004 relationships of a commercial nature, whether
AN ACT TO INSTITUTIONALIZE THE USE OF AN contractual or not;
ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN THE (h) "Confidential information" means any information,
PHILIPPINES AND TO ESTABLISH THE OFFICE FOR relative to the subject of mediation or arbitration,
ALTERNATIVE DISPUTE RESOLUTION, AND FOR expressly intended by the source not to be disclosed, or
OTHER PURPOSES obtained under circumstances that would create a
Be it enacted by the Senate and House of reasonable expectation on behalf of the source that the
Representatives of the Philippines in Congress information shall not be disclosed. It shall include (1)
assembled: communication, oral or written, made in a dispute
resolution proceedings, including any memoranda,
notes or work product of the neutral party or non-party
CHAPTER 1 - GENERAL PROVISIONS participant, as defined in this Act; (2) an oral or written
statement made or which occurs during mediation or
SECTION 1. Title. - This act shall be known as the for purposes of considering, conducting, participating,
"Alternative Dispute Resolution Act of 2004." initiating, continuing of reconvening mediation or
SEC. 2. Declaration of Policy. - it is hereby declared the retaining a mediator; and (3) pleadings, motions
policy of the State to actively promote party autonomy manifestations, witness statements, reports filed or
in the resolution of disputes or the freedom of the party submitted in an arbitration or for expert evaluation;
to make their own arrangements to resolve their (i) "Convention Award" means a foreign arbitral award
disputes. Towards this end, the State shall encourage made in a Convention State;
and actively promote the use of Alternative Dispute
Resolution (ADR) as an important means to achieve (j) "Convention State" means a State that is a member
speedy and impartial justice and declog court dockets. of the New York Convention;
As such, the State shall provide means for the use of (k) "Court" as referred to in Article 6 of the Model Law
ADR as an efficient tool and an alternative procedure shall mean a Regional Trial Court;
for the resolution of appropriate cases. Likewise, the
State shall enlist active private sector participation in (l) "Court-Annexed Mediation" means any mediation
the settlement of disputes through ADR. This Act shall process conducted under the auspices of the court,
be without prejudice to the adoption by the Supreme after such court has acquired jurisdiction of the dispute;
Court of any ADR system, such as mediation, (m) "Court-Referred Mediation" means mediation
conciliation, arbitration, or any combination thereof as a ordered by a court to be conducted in accordance with
means of achieving speedy and efficient means of the Agreement of the Parties when as action is
resolving cases pending before all courts in the prematurely commenced in violation of such
Philippines which shall be governed by such rules as agreement;
the Supreme Court may approve from time to time. (n) "Early Neutral Evaluation" means an ADR process
wherein parties and their lawyers are brought together


early in a pre-trial phase to present summaries of their Labor Code of the Philippines, as amended and its
cases and receive a nonbinding assessment by an Implementing Rules and Regulations; (b) the civil
experienced, neutral person, with expertise in the status of persons; (c) the validity of a marriage; (d) any
subject in the substance of the dispute; ground for legal separation; (e) the jurisdiction of
(o) "Government Agency" means any government courts; (f) future legitime; (g) criminal liability; and (h)
entity, office or officer, other than a court, that is vested those which by law cannot be compromised.
by law with quasi-judicial power to resolve or adjudicate
dispute involving the government, its agencies and CHAPTER 2 - MEDIATION
instrumentalities, or private persons;
SEC. 7. Scope. - The provisions of this Chapter shall
(p) "International Party" shall mean an entity whose
cover voluntary mediation, whether ad hoc or
place of business is outside the Philippines. It shall not
institutional, other than court-annexed. The term
include a domestic subsidiary of such international
"mediation' shall include conciliation.
party or a coventurer in a joint venture with a party
which has its place of business in the Philippines. SEC. 8. Application and Interpretation. - In applying
construing the provisions of this Chapter, consideration
The term foreigner arbitrator shall mean a person who
must be given to the need to promote candor or parties
is not a national of the Philippines.
and mediators through confidentiality of the mediation
(q) "Mediation" means a voluntary process in which a process, the policy of fostering prompt, economical, and
mediator, selected by the disputing parties, facilitates amicable resolution of disputes in accordance with the
communication and negotiation, and assist the parties principles of integrity of determination by the parties,
in reaching a voluntary agreement regarding a dispute. and the policy that the decision-making authority in
(r) "Mediator" means a person who conducts mediation; the mediation process rests with the parties.
(s) "Mediation Party" means a person who participates SEC. 9. Confidentiality of Information. - Information
in a mediation and whose consent is necessary to obtained through mediation proceedings shall be
resolve the dispute; subject to the following principles and guidelines:
(t) "Mediation-Arbitration" or Med-Arb is a step dispute (a) Information obtained through mediation shall be
resolution process involving both mediation and privileged and confidential.
arbitration; (b) A party, a mediator, or a nonparty participant may
(u) "Mini-Trial" means a structured dispute resolution refuse to disclose and may prevent any other person
method in which the merits of a case are argued before from disclosing a mediation communication.
a panel comprising senior decision makers with or (c) Confidential Information shall not be subject to
without the presence of a neutral third person after discovery and shall be inadmissible if any adversarial
which the parties seek a negotiated settlement; proceeding, whether judicial or quasi-judicial, However,
(v) "Model Law" means the Model Law on International evidence or information that is otherwise admissible or
Commercial Arbitration adopted by the United Nations subject to discovery does not become inadmissible or
Commission on International Trade Law on 21 June protected from discovery solely by reason of its use in a
1985; mediation.
(w) "New York Convention" means the United Nations (d) In such an adversarial proceeding, the following
Convention on the Recognition and Enforcement of persons involved or previously involved in a mediation
Foreign Arbitral Awards approved in 1958 and ratified may not be compelled to disclose confidential
by the Philippine Senate under Senate Resolution No. information obtained during mediation: (1) the parties
71; to the dispute; (2) the mediator or mediators; (3) the
counsel for the parties; (4) the nonparty participants; (5)
(x) "Non-Convention Award" means a foreign arbitral any persons hired or engaged in connection with the
award made in a State which is not a Convention State; mediation as secretary, stenographer, clerk or assistant;
(y) "Non-Convention State" means a State that is not a and (6) any other person who obtains or possesses
member of the New York Convention. confidential information by reason of his/her profession.
(z) "Non-Party Participant" means a person, other than (e) The protections of this Act shall continue to apply
a party or mediator, who participates in a mediation even of a mediator is found to have failed to act
proceeding as a witness, resource person or expert; impartially.
(aa) "Proceeding" means a judicial, administrative, or (f) a mediator may not be called to testify to provide
other adjudicative process, including related information gathered in mediation. A mediator who is
pre-hearing motions, conferences and discovery; wrongfully subpoenaed shall be reimbursed the full
cost of his attorney's fees and related expenses.
(bb) "Record" means an information written on a
tangible medium or stored in an electronic or other SEC. 10. Waiver of Confidentiality. - A privilege arising
similar medium, retrievable form; and from the confidentiality of information may be waived
in a record, or orally during a proceeding by the
(cc) "Roster" means a list of persons qualified to provide mediator and the mediation parties.
ADR services as neutrals or to serve as arbitrators.
A privilege arising from the confidentiality of
SEC. 4. Electronic Signatures in Global and information may likewise be waived by a nonparty
E-Commerce Act. - The provisions of the Electronic participant if the information is provided by such
Signatures in Global and E-Commerce Act, and its nonparty participant.
implementing Rules and Regulations shall apply to
proceeding contemplated in this Act. A person who discloses confidential information shall
be precluded from asserting the privilege under
SEC. 5. Liability of ADR Provider and Practitioner. - Section 9 of this Chapter to bar disclosure of the rest of
The ADR providers and practitioners shall have the the information necessary to a complete
same civil liability for the Acts done in the performance understanding of the previously disclosed information.
of then duties as that of public officers as provided in If a person suffers loss or damages in a judicial
Section 38 (1), Chapter 9, Book of the Administrative proceeding against the person who made the
Code of 1987. disclosure.
SEC. 6. Exception to the Application of this Act. - The A person who discloses or makes a representation
provisions of this Act shall not apply to resolution or about a mediation is preclude from asserting the
settlement of the following: (a) labor disputes covered privilege under Section 9, to the extent that the
by Presidential Decree No. 442, otherwise known as the communication prejudices another person in the


proceeding and it is necessary for the person known facts that a reasonable individual would
prejudiced to respond to the representation of consider likely to affect the impartiality of the mediator,
disclosure. including a financial or personal interest in the
SEC. 11. Exceptions to Privilege. - outcome of the mediation and any existing or past
relationship with a party or foreseeable participant in
(a) There is no privilege against disclosure under the mediation; and
Section 9 if mediation communication is:
(2) disclosure to the mediation parties any such fact
(1) in an agreement evidenced by a record known or learned as soon as is practical before
authenticated by all parties to the agreement; accepting a mediation.
(2) available to the public or that is made during a (b) If a mediation learns any fact described in paragraph
session of a mediation which is open, or is required by (a) (1) of this section after accepting a mediation, the
law to be open, to the public; mediator shall disclose it as soon as practicable.
(3) a threat or statement of a plan to inflict bodily injury At the request of a mediation party, an individual who is
or commit a crime of violence; requested to serve as mediator shall disclose his/her
(4) internationally used to plan a crime, attempt to qualifications to mediate a dispute.
commit, or commit a crime, or conceal an ongoing This Act does not require that a mediator shall have
crime or criminal activity; special qualifications by background or profession
(5) sought or offered to prove or disprove abuse, unless the special qualifications of a mediator are
neglect, abandonment, or exploitation in a proceeding required in the mediation agreement or by the
in which a public agency is protecting the interest of an mediation parties.
individual protected by law; but this exception does not SEC. 14. Participation in Mediation. - Except as
apply where a child protection matter is referred to otherwise provided in this Act, a party may designate a
mediation by a court or a public agency participates in lawyer or any other person to provide assistance in the
the child protection mediation; mediation. A lawyer of this right shall be made in
(6) sought or offered to prove or disprove a claim or writing by the party waiving it. A waiver of participation
complaint of professional misconduct or malpractice or legal representation may be rescinded at any time.
filed against mediator in a proceeding; or SEC. 15. Place of Mediation. - The parties are free to
(7) sought or offered to prove or disprove a claim of agree on the place of mediation. Failing such
complaint of professional misconduct of malpractice agreement, the place of mediation shall be any place
filed against a party, nonparty participant, or convenient and appropriate to all parties.
representative of a party based on conduct occurring SEC. 16. Effect of Agreement to Submit Dispute to
during a mediation. Mediation Under Institutional Rules. - An agreement
(b) There is no privilege under Section 9 if a court or to submit a dispute to mediation by any institution shall
administrative agency, finds, after a hearing in camera, include an agreement to be bound by the internal
that the party seeking discovery of the proponent of mediation and administrative policies of such
the evidence has shown that the evidence is not institution. Further, an agreement to submit a dispute
otherwise available, that there is a need for the to mediation under international mediation rule shall
evidence that substantially outweighs the interest in be deemed to include an agreement to have such rules
protecting confidentiality, and the mediation govern the mediation of the dispute and for the
communication is sought or offered in: mediator, the parties, their respective counsel, and
nonparty participants to abide by such rules.
(1) a court proceeding involving a crime or felony; or
In case of conflict between the institutional mediation
(2) a proceeding to prove a claim or defense that under rules and the provisions of this Act, the latter shall
the law is sufficient to reform or avoid a liability on a prevail.
contract arising out of the mediation.
SEC. 17. Enforcement of Mediated Settlement
(c) A mediator may not be compelled to provide Agreement. - The mediation shall be guided by the
evidence of a mediation communication or testify in following operative principles:
such proceeding.
(a) A settlement agreement following successful
(d) If a mediation communication is not privileged mediation shall be prepared by the parties with the
under an exception in subsection (a) or (b), only the assistance of their respective counsel, if any, and by the
portion of the communication necessary for the mediator.
application of the exception for nondisclosure may be
admitted. The admission of particular evidence for the The parties and their respective counsels shall endeavor
limited purpose of an exception does not render that to make the terms and condition thereof complete and
evidence, or any other mediation communication, make adequate provisions for the contingency of
admissible for any other purpose. breach to avoid conflicting interpretations of the
agreement.
SEC. 12. Prohibited Mediator Reports. - A mediator
may not make a report, assessment, evaluation, (b) The parties and their respective counsels, if any, shall
recommendation, finding, or other communication sign the settlement agreement. The mediator shall
regarding a mediation to a court or agency or other certify that he/she explained the contents of the
authority that make a ruling on a dispute that is the settlement agreement to the parties in a language
subject of a mediation, except: known to them.
(a) Where the mediation occurred or has terminated, or (c) If the parties so desire, they may deposit such
where a settlement was reached. settlement agreement with the appropriate Clerk of a
Regional Trial Court of the place where one of the
(b) As permitted to be disclosed under Section 13 of this parties resides. Where there is a need to enforce the
Chapter. settlement agreement, a petition may be filed by any of
SEC. 13. Mediator's Disclosure and Conflict of the parties with the same court, in which case, the
Interest. - The mediation shall be guided by the court shall proceed summarily to hear the petition, in
following operative principles: accordance with such rules of procedure as may be
promulgated by the Supreme Court.
(a) Before accepting a mediation, an individual who is
requested to serve as a mediator shall: (d) The parties may agree in the settlement agreement
that the mediator shall become a sole arbitrator for the
(1) make an inquiry that is reasonable under the dispute and shall treat the settlement agreement as an
circumstances to determinate whether there are any arbitral award which shall be subject to enforcement



under Republic Act No. 876, otherwise known as the matter of an arbitration agreement shall, if at least one
Arbitration Law, notwithstanding the provisions of party so requests not later that the pre-trial conference,
Executive Order No. 1008 for mediated dispute outside or upon the request of both parties thereafter, refer the
of the CIAC. parties to arbitration unless it finds that the arbitration
agreement is null and void, inoperative or incapable of
being performed.
CHAPTER 3 - OTHER ADR FORMS
SEC. 25. Interpretation of the Act. - In interpreting the
SEC. 18. Referral of Dispute to other ADR Forms. - The Act, the court shall have due regard to the policy of the
parties may agree to refer one or more or all issues law in favor of arbitration. Where action is commenced
arising in a dispute or during its pendency to other by or against multiple parties, one or more of whom are
forms of ADR such as but not limited to (a) the parties who are bound by the arbitration agreement
evaluation of a third person or (b) a mini-trial, (c) although the civil action may continue as to those who
mediation-arbitration, or a combination thereof. are not bound by such arbitration agreement.
For purposes of this Act, the use of other ADR forms SEC. 26. Meaning of "Appointing Authority.". -
shall be governed by Chapter 2 of this Act except where "Appointing Authority" as used in the Model Law shall
it is combined with arbitration in which case it shall mean the person or institution named in the arbitration
likewise be governed by Chapter 5 of this Act. agreement as the appointing authority; or the regular
arbitration arbitration institution under whose rules the
arbitration is agreed to be conducted. Where the
CHAPTER 4 - INTERNATIONAL COMMERCIAL parties have agreed to submit their dispute to
ARBITRATION institutional arbitration rules, and unless they have
agreed to a different procedure, they shall be deemed
SEC. 19. Adoption of the Model Law on International to have agreed to procedure under such arbitration
Commercial Arbitration. - International commercial rules for the selection and appointment of arbitrators.
arbitration shall be governed by the Model Law on In ad hoc arbitration, the default appointment of an
International Commercial Arbitration (the "Model Law") arbitrator shall be made by the National President of
adopted by the United Nations Commission on the Integrated Bar of the Philippines (IBP) or his duly
International Trade Law on June 21, 1985 (United authorized representative.
Nations Document A/40/17) and recommended
approved on December 11, 1985, copy of which is hereto SEC. 27. What Functions May be Performed by
attached as Appendix "A". Appointing Authority. - The functions referred to in
Articles 11(3), 11(4), 13(3) and 14(1) of the Model Law shall
SEC. 20. Interpretation of Model Law. - In interpreting be performed by the Appointing Authority, unless the
the Model Law, regard shall be had to its international latter shall fail or refuse to act within thirty (30) days
origin and to the need for uniformity in its from receipt of the request in which case the applicant
interpretation and resort may be made to the travaux may renew the application with the Court.
preparatories and the report of the Secretary General of
the United Nations Commission on International Trade SEC. 28. Grant of Interim Measure of Protection. -
Law dated March 25, 1985 entitled, "International (a) It is not incompatible with an arbitration agreement
Commercial Arbitration: Analytical Commentary on for a party to request, before constitution of the
Draft Trade identified by reference number A/CN. tribunal, from a Court an interim measure of protection
9/264." and for the Court to grant such measure. After
SEC. 21. Commercial Arbitration. - An arbitration is constitution of the arbitral tribunal and during arbitral
"commercial" if it covers matters arising from all proceedings, a request for an interim measure of
relationships of a commercial nature, whether protection or modification thereof, may be made with
contractual or not. Relationships of a transactions: any the arbitral tribunal or to the extent that the arbitral
trade transaction for the supply or exchange of goods tribunal has no power to act or is unable to act
or services; distribution agreements; construction of effectively, the request may be made with the Court.
works; commercial representation or agency; factoring; The arbitral tribunal is deemed constituted when the
leasing, consulting; engineering; licensing; investment; sole arbitrator or the third arbitrator who has been
financing; banking; insurance; joint venture and other nominated, has accepted the nomination and written
forms of industrial or business cooperation; carriage of communication of said nomination and acceptance
goods or passengers by air, sea, rail or road. has been received by the party making request.
SEC. 22. Legal Representation in International (b) The following rules on interim or provisional relief
Arbitration. - In international arbitration conducted in shall be observed:
the Philippines, a party may be presented by any (1) Any party may request that provision relief be
person of his choice. Provided, that such representative, granted against the adverse party:
unless admitted to the practice of law in the
Philippines, shall not be authorized to appear as (2) Such relief may be granted:
counsel in any Philippine court, or any other (i) to prevent irreparable loss or injury:
quasi-judicial body whether or not such appearance is
(ii) to provide security for the performance of any
in relation to the arbitration in which he appears.
obligation;
SEC. 23. Confidential of Arbitration Proceedings. -
(iii) to produce or preserve any evidence; or
The arbitration proceedings, including the records,
evidence and the arbitral award, shall be considered (iv) to compel any other appropriate act or omission.
confidential and shall not be published except (1) with (3) The order granting provisional relief may be
the consent of the parties, or (2) for the limited purpose conditioned upon the provision of security or any act or
of disclosing to the court of relevant documents in omission specified in the order.
cases where resort to the court is allowed herein.
Provided, however, that the court in which the action or (4) Interim or provisional relief is requested by written
the appeal is pending may issue a protective order to application transmitted by reasonable means to the
prevent or prohibit disclosure of documents or Court or arbitral tribunal as the case may be and the
information containing secret processes, party against whom the relief is sought, describing in
developments, research and other information where it appropriate detail the precise relief, the party against
is shown that the applicant shall be materially whom the relief is requested, the grounds for the relief,
prejudiced by an authorized disclosure thereof. and evidence supporting the request.
SEC. 24. Referral to Arbitration. - A court before which (5) The order shall be binding upon the parties.
an action is brought in a matter which is the subject



(6) Either party may apply with the Court for assistance of the Construction Industry Arbitration Commission
in Implementing or enforcing an interim measure (the "Commission") shall include those between or
ordered by an arbitral tribunal. among parties to, or who are otherwise bound by, an
(7) A party who does not comply with the order shall be arbitration agreement, directly or by reference whether
liable for all damages resulting from noncompliance, such parties are project owner, contractor,
including all expenses, and reasonable attorney's fees, subcontractor, quantity surveyor, bondsman or issuer of
paid in obtaining the order's judicial enforcement. an insurance policy in a construction project.
SEC. 29. Further Authority for Arbitrator to Grant The Commission shall continue to exercise original and
Interim Measure of Protection. - Unless otherwise exclusive jurisdiction over construction disputes
agreed by the parties, the arbitral tribunal may, at the although the arbitration is "commercial" pursuant to
request of a party, order any party to take such interim Section 21 of this Act.
measures of protection as the arbitral tribunal may SEC. 36. Authority to Act as Mediator or Arbitrator. -
consider necessary in respect of the subject matter of By written agreement of the parties to a dispute, an
the dispute following the rules in Section 28, paragraph arbitrator may act as mediator and a mediator may act
2. Such interim measures may include but shall not be as arbitrator. The parties may also agree in writing that,
limited to preliminary injuction directed against a party, following a successful mediation, the mediator shall
appointment of receivers or detention, preservation, issue the settlement agreement in the form of an
inspection of property that is the subject of the dispute arbitral award.
in arbitration. Either party may apply with the Court for SEC. 37. Appointment of Foreign Arbitrator. - The
assistance in implementing or enforcing an interim Construction Industry Arbitration Commission (CIAC)
measures ordered by an arbitral tribunal. shall promulgate rules to allow for the appointment of a
SEC. 30. Place of Arbitration. - The parties are free to foreign arbitrator or coarbitrator or chairman of a
agree on the place of arbitration. Failing such tribunal a person who has not been previously
agreement, the place of arbitration shall be in Metro accredited by CIAC: Provided, That:
Manila, unless the arbitral tribunal, having regard to the (a) the dispute is a construction dispute in which one
circumstances of the case, including the convenience party is an international party
of the parties shall decide on a different place of
arbitration. (b) the person to be appointed agreed to abide by the
arbitration rules and policies of CIAC;
The arbitral tribunal may, unless otherwise agreed by
the parties, meet at any place it considers appropriate (c) he/she is either coarbitrator upon the nomination of
for consultation among its members, for hearing the international party; or he/she is the common choice
witnesses, experts, or the parties, or for inspection of of the two CIAC-accredited arbitrators first appointed
goods, other property or documents. one of whom was nominated by the international party;
and
SEC. 31. Language of the Arbitration. - The parties are
free to agree on the language or languages to be used (d) the foreign arbitrator shall be of different nationality
in the arbitral proceedings. Failing such agreement, the from the international party.
language to be used shall be English in international SEC. 38. Applicability to Construction Arbitration. -
arbitration, and English or Filipino for domestic The provisions of Sections 17 (d) of Chapter 2, and
arbitration, unless the arbitral tribunal shall determine a Section 28 and 29 of this Act shall apply to arbitration of
different or another language or languages to be used construction disputes covered by this Chapter.
in the proceedings. This agreement or determination,
unless otherwise specified therein, shall apply to any SEC. 39. Court to Dismiss Case Involving a
written statement by a party, any hearing and any Construction Dispute. - A regional trial court which a
award, decision or other communication by the arbitral construction dispute is filed shall, upon becoming
tribunal. aware, not later than the pretrial conference, that the
parties had entered into an arbitration to be conducted
The arbitral tribunal may order that any documentary by the CIAC, unless both parties, assisted by their
evidence shall be accompanied by a translation into the respective counsel, shall submit to the regional trial
language or languages agreed upon by the parties or court a written agreement exclusive for the Court,
determined in accordance with paragraph 1 of this rather than the CIAC, to resolve the dispute.
section.
CHAPTER 7 - JUDICIAL REVIEW OF ARBITRAL

CHAPTER 5 - DOMESTIC ARBITRATION
AWARDS
SEC. 32. Law Governing Domestic Arbitration. -
Domestic arbitration shall continue to be governed by
Republic Act No. 876, otherwise known as "The A. DOMESTIC AWARDS
Arbitration Law" as amended by this Chapter. The term SEC. 40. Confirmation of Award. - The confirmation of
"domestic arbitration" as used herein shall mean an a domestic arbitral award shall be governed by Section
arbitration that is not international as defined in Article 23 of Republic Act No. 876.
(3) of the Model Law.
A domestic arbitral award when confirmed shall be
SEC. 33. Applicability to Domestic Arbitration. - enforced in the same manner as final and executory
Article 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of the decisions of the Regional Trial Court.
Model Law and Section 22 to 31 of the preceding
Chapter 4 shall apply to domestic arbitration. The confirmation of a domestic award shall be made by
the regional trial court in accordance with the Rules of
Procedure to be promulgated by the Supreme Court.
CHAPTER 6 - ARBITRATION OF A CIAC arbitral award need not be confirmed by the
CONSTRUCTION DISPUTES regional trial court to be executory as provided under
E.O. No. 1008.
SEC. 34. Arbitration of Construction Disputes:
Governing Law. - The arbitration of construction SEC. 41. Vacation Award. - A party to a domestic
disputes shall be governed by Executive Order No. 1008, arbitration may question the arbitral award with the
otherwise known as the Constitution Industry appropriate regional trial court in accordance with the
Arbitration Law. rules of procedure to be promulgated by the Supreme
Court only on those grounds enumerated in Section 25
SEC. 35. Coverage of the Law. - Construction disputes of Republic Act No. 876. Any other ground raised
which fall within the original and exclusive jurisdiction


against a domestic arbitral award shall be disregarded shall be deemed as special proceedings and shall be
by the regional trial court. filled with the regional trial court (i) where arbitration
proceedings are conducted; (ii) where the asset to be
attached or levied upon, or the act to be enjoined is
B. FOREIGN ARBITRAL AWARDS located; (iii) where any of the parties to the dispute
SEC. 42. Application of the New York Convention. - resides or has his place of business; or (iv) in the
The New York Convention shall govern the recognition National Judicial Capital Region, at the option of the
and enforcement of arbitral awards covered by the said applicant.
Convention. SEC. 48. Notice of Proceeding to Parties. - In a special
The recognition and enforcement of such arbitral proceeding for recognition and enforcement of an
awards shall be filled with regional trial court in arbitral award, the Court shall send notice to the parties
accordance with the rules of procedure to be at their address of record in the arbitration, or if any
promulgated by the Supreme Court. Said procedural party cannot be served notice at such address, at such
rules shall provide that the party relying on the award party's last known address. The notice shall be sent at
or applying for its enforcement shall file with the court least fifteen (15) days before the date set for the initial
the original or authenticated copy of the award and the hearing of the application.
arbitration agreement. If the award or agreement is not
made in any of the official languages, the party shall
supply a duly certified translation thereof into any of CHAPTER 8 - MISCELLANEOUS PROVISIONS
such languages. SEC. 49. Office for Alternative Dispute Resolution. -
The applicant shall establish that the country in which There is hereby established the Office for Alternative
foreign arbitration award was made is a party to the Dispute Resolution as an attached agency to the
New York Convention. Department of Justice (DOJ) which shall have a
Secretariat to be headed by an executive director. The
If the application for rejection or suspension of
executive director shall be appointed by the President
enforcement of an award has been made, the regional
of the Philippines.
trial court may, if it considers it proper, vacate its
decision and may also, on the application of the party The objective of the office are:
claiming recognition or enforcement of the award, (a) to promote, develop and expand the use of ADR in
order the party to provide appropriate security. the private and public sectors; and
SEC. 43. Recognition and Enforcement of Foreign To assist the government to monitor, study and
Arbitral Awards Not Covered by the New York evaluate the use by the public and the private sector of
Convention. - The recognition and enforcement of ADR, and recommend to Congress needful statutory
foreign arbitral awards not covered by the New York changes to develop. Strengthen and improve ADR
Convention shall be done in accordance with practices in accordance with world standards.
procedural rules to be promulgated by the Supreme
Court. The Court may, grounds of comity and SEC. 50. Powers and Functions of the Office for
reciprocity, recognize and enforce a nonconvention Alternative Dispute Resolution. - The Office for
award as a convention award. Alternative Dispute Resolution shall have the following
powers and functions:
SEC. 44. Foreign Arbitral Award Not Foreign
Judgment. - A foreign arbitral award when confirmed (a) To formulate standards for the training of the ADR
by a court of a foreign country, shall be recognized and practitioners and service providers;
enforced as a foreign arbitral award and not a (b) To certify that such ADR practitioners and ADR
judgment of a foreign court. service providers have undergone the professional
A foreign arbitral award, when confirmed by the training provided by the office;
regional trial court, shall be enforced as a foreign (c) To coordinate the development, implementation,
arbitral award and not as a judgment of a foreign court. monitoring, and evaluation of government ADR
A foreign arbitral award, when confirmed by the programs;
regional trial court, shall be enforced in the same (d) To charge fees for their services; and
manner as final and executory decisions of courts of
law of the Philippines. (e) To perform such acts as may be necessary to carry
into effect the provisions of this Act.
SEC. 45. Rejection of a Foreign Arbitral Award. - A
party to a foreign arbitration proceeding may oppose SEC. 51. Appropriations. - The amount necessary to
an application for recognition and enforcement of the carry out the provisions of this Act shall be included in
arbitral award in accordance with the procedural rules the General Appropriations Act of the year following its
to be promulgated by the Supreme Court only on those enactment into law and thereafter.
grounds enumerated under Article V of the New York SEC. 52. Implementing Rules and Regulations (IRR). -
Convention. Any other ground raised shall be Within one (1) month after the approval of this Act, the
disregarded by the regional trial court. secretary of justice shall convene a committee that
SEC. 46. Appeal from Court Decisions on Arbitral shall formulate the appropriate rules and regulations
Awards. - A decision of the regional trial court necessary for the implementation of this Act. The
confirming, vacating, setting aside, modifying or committee, composed of representatives from:
correcting an arbitral award may be appealed to the (a) the Department of Justice;
Court of Appeals in accordance with the rules of
(b) the Department of Trade and Industry;
procedure to be promulgated by the Supreme Court.
(c) the Department of the Interior and Local
The losing party who appeals from the judgment of the
Government;
court confirming an arbitral award shall required by the
appealant court to post counterbond executed in favor (d) the president of the Integrated Bar of the
of the prevailing party equal to the amount of the Philippines;
award in accordance with the rules to be promulgated (e) A representative from the arbitration profession; and
by the Supreme Court.
(f) A representative from the mediation profession; and
SEC. 47. Venue and Jurisdiction. - Proceedings for
recognition and enforcement of an arbitration (g) A representative from the ADR organizations
agreement or for vacation, setting aside, correction or shall within three (3) months after convening, submit
modification of an arbitral award, and any application the IRR to the Joint Congressional Oversight
with a court for arbitration assistance and supervision Committee for review and approval. The Oversight



Committee shall be composed of the chairman of the

Senate Committee on Justice and Human Rights,
chairman of the House Committee on Justice, and one
(1) member each from the majority and minority of
both Houses.
The Joint Oversight Committee shall become functus
officio upon approval of the IRR.
SEC. 53. Applicability of the Katarungan
Pambarangay. - This Act shall not be interpreted to
repeal, amend or modify the jurisdiction of the
Katarungan Pambarangay under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991.
SEC. 54. Repealing Clause. - All laws, decrees,
executive orders, rules and regulations which are
inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.
SEC. 55. Separability Clause. - If for any reason or
reasons, any portion or provision of this Act shall be
held unconstitutional or invalid, all other parts or
provisions not affected shall thereby continue to remain
in full force and effect.
SEC. 56. Effectivity. - This act shall take effect fifteen
days (15) after its publication in at least two (2) national
newspapers of general circulation.

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SPECIAL RULES RULE 6 PROHIBITED PLEADINGS

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

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

E. Avoidance Proceedings 46

PART VIII. PRE-TRIAL 61

PART IX. TRIAL' 62

BP Blg 129 | The Judiciary Reorganization Act of 1980

PD No 1606 | An Act Establishing the Sandiganbayan 74

RA No 6770 | Ombudsman Act 77

RA No 6981 | Witness Protection, Security and Beneﬁt

THE 2012 IMPLEMENTING RULES AND REGULATIONS

RA No 8493 | Speedy Trial Act of 1998 88

RA No 8369 | Family Courts Act of 1997 90

© Compiled By RGL 2 of 98

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(e) Compel the attendance of persons to testify in a

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© Compiled By RGL 4 of 98

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SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

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SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 7 of 98

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SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

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(g) Intervention; similar security arrangements issued by a third party to

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© Compiled By RGL 16 of 98

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(g) Appoint the rehabilitation receiver named in the

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SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(b) The court may subject the relief granted under

© Compiled By RGL 19 of 98

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(12) Has the debtor any subsidiary corporation? If so,

© Compiled By RGL 20 of 98

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SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

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SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

© Compiled By RGL 24 of 98

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT