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RULE 1 General Provisions Section 1. Title of the Rules.

These Rule shall be known and cited as the Rules of Court. (1) Section 2. In what courts applicable. These Rules shall apply in all the courts, except as otherwise provided by the upre!e Court. (n) Section 3. Cases governed. These Rules shall "overn the procedure to be observed in actions, civil or cri!inal and special proceedin"s. (a) # civil action is one by which a party sues another for the enforce!ent or protection of a ri"ht, or the prevention or redress of a wron", (1a, R$) # civil action !ay either be ordinary or special. %oth are "overned by the rules for ordinary civil actions, sub&ect to the specific rules prescribed for a special civil action. (n) (b) # cri!inal action is one by which the tate prosecutes a person for an act or o!ission punishable by law. (n) (c) # special proceedin" is a re!edy by which a party seeks to establish a status, a ri"ht, or a particular fact. ($a, R$) Section 4. In what case not applicable. These Rules shall not apply to election cases, land re"istration, cadastral, naturali'ation and insolvency proceedin"s, and other cases not herein provided for, except by analo"y or in a suppletory character and whenever practicable and convenient. (R1()a) Section 5. Commencement of action. # civil action is co!!enced by the filin" of the ori"inal co!plaint in court. *f an additional defendant is i!pleaded in a later pleadin", the action is co!!enced with re"ard to hi! on the dated of the filin" of such later pleadin", irrespective of whether the !otion for its ad!ission, if necessary, is denied by the court. (+a) Section 6. Construction. These Rules shall be liberally construed in order to pro!ote their ob&ective of securin" a &ust, speedy and inexpensive disposition of every action and proceedin". ($a) Civil Actions Ordinary Civil Actions RULE 2 Ca se o! Action Section 1. Ordinary civil actions, basis of. ,very ordinary civil action !ust be based on a cause of action. (n) Section 2. Cause of action, defined. # cause of action is the act or o!ission by which a party violates a ri"ht of another. (n) Section 3. One suit for a single cause of action . # party !ay not institute !ore than one suit for a sin"le cause of action. ()a) Section 4. Splitting a single cause of action - effect of. *f two or !ore suits are instituted on the basis of the sa!e cause of action, the filin" of one or a &ud"!ent upon the !erits in any one is available as a "round for the dis!issal of the others. ((a)

Section 5. Joinder of causes of action. # party !ay in one pleadin" assert, in the alternative or otherwise, as !any causes of action as he !ay have a"ainst an opposin" party, sub&ect to the followin" conditions. (a) The party &oinin" the causes of action shall co!ply with the rules on &oinder of parties(b) The &oinder shall not include special civil actions or actions "overned by special rules(c) /here the causes of action are between the sa!e parties but pertain to different venues or &urisdictions, the &oinder !ay be allowed in the Re"ional Trial Court provided one of the causes of action falls within the &urisdiction of said court and the venue lies therein- and (d) /here the clai!s in all the causes action are principally for recovery of !oney, the a""re"ate a!ount clai!ed shall be the test of &urisdiction. (0a) Section 6. Mis oinder of causes of action. 1is&oinder of causes of action is not a "round for dis!issal of an action. # !is&oined cause of action !ay, on !otion of a party or on the initiative of the court, be severed and proceeded with separately. (n) RULE 3 Parties to Civil Actions Section 1. !ho may be parties- plaintiff and defendant. 2nly natural or &uridical persons, or entities authori'ed by law !ay be parties in a civil action. The ter! 3plaintiff3 !ay refer to the clai!in" party, the counter4clai!ant, the cross4clai!ant, or the third (fourth, etc.) party plaintiff. The ter! 3defendant3 !ay refer to the ori"inal defendin" party, the defendant in a counter4clai!, the cross4defendant, or the third (fourth, etc.) party defendant. (1a) Section 2. "arties in interest. # real party in interest is the party who stands to be benefited or in&ured by the &ud"!ent in the suit, or the party entitled to the avails of the suit. 5nless otherwise authori'ed by law or these Rules, every action !ust be prosecuted or defended in the na!e of the real party in interest. ($a) Section 3. Representatives as parties. /here the action is allowed to be prosecuted and defended by a representative or so!eone actin" in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be dee!ed to be the real property in interest. # representative !ay be a trustee of an expert trust, a "uardian, an executor or ad!inistrator, or a party authori'ed by law or these Rules. #n a"ent actin" in his own na!e and for the benefit of an undisclosed principal !ay sue or be sued without &oinin" the principal except when the contract involves thin"s belon"in" to the principal. ()a) Section 4. Spouses as parties. 6usband and wife shall sue or be sued &ointly, except as provided by law. ((a) Section 5. Minor or incompetent persons. # !inor or a person alle"ed to be inco!petent, !ay sue or be sued with the assistance of his father, !other, "uardian, or if he has none, a "uardian ad litem. (0a) Section 6. "ermissive oinder of parties. #ll persons in who! or a"ainst who! any ri"ht to relief in respect to or arisin" out of the sa!e transaction or series of transactions is alle"ed to exist, whether &ointly, severally, or in the alternative, !ay, except as otherwise provided in these Rules, &oin as plaintiffs or be &oined as defendants in one co!plaint, where any 7uestion of law or fact co!!on to all such plaintiffs or to all such defendants !ay arise in the action- but the court !ay !ake such orders as !ay be &ust to prevent any plaintiff or defendant fro! bein" e!barrassed or put to expense in connection with any proceedin"s in which he !ay have no interest. (+n) Section ". Compulsory oinder of indispensable parties. 8arties in interest without who! no final deter!ination can be had of an action shall be &oined either as plaintiffs or defendants. (9) Section #. #ecessary party. # necessary party is one who is not indispensable but who ou"ht to be &oined as a party if co!plete relief is to be accorded as to those already parties, or for a co!plete deter!ination or settle!ent of the clai! sub&ect of the action. (:a)

Section $. #on$ oinder of necessary parties to be pleaded . /henever in any pleadin" in which a clai! is asserted a necessary party is not &oined, the pleader shall set forth his na!e, if known, and shall state why he is o!itted. hould the court find the reason for the o!ission un!eritorious, it !ay order the inclusion of the o!itted necessary party if &urisdiction over his person !ay be obtained. The failure to co!ply with the order for his inclusion, without &ustifiable cause, shall be dee!ed a waiver of the clai! a"ainst such party. The non4inclusion of a necessary party does not prevent the court fro! proceedin" in the action, and the &ud"!ent rendered therein shall be without pre&udice to the ri"hts of such necessary party. (:a, ;a) Section 1%. %nwilling co$plaintiff. *f the consent of any party who should be &oined as plaintiff can not be obtained, he !ay be !ade a defendant and the reason therefor shall be stated in the co!plaint. (1<) Section 11. Mis oinder and non$ oinder of parties. =either !is&oinder nor non4&oinder of parties is "round for dis!issal of an action. 8arties !ay be dropped or added by order of the court on !otion of any party or on its own initiative at any sta"e the action and on such ter!s as are &ust. #ny clai! a"ainst a !is&oined party !ay be severed and proceeded with separately. (11a) Section 12. Class suit. /hen the sub&ect !atter of the controversy is one of co!!on or "eneral interest to !any persons so nu!erous that it is i!practicable to &oin all as parties, a nu!ber of the! which the court finds to be sufficiently nu!erous and representative as to fully protect the interests of all concerned !ay sue or defend for the benefit of all. #ny party in interest shall have the ri"ht to intervene to protect his individual interest. (1$a) Section 13. &lternative defendants. /here the plaintiff is uncertain a"ainst who of several persons he is entitled to relief, he !ay &oin any or all of the! as defendants in the alternative, althou"h a ri"ht to relief a"ainst one !ay be inconsistent with a ri"ht of relief a"ainst the other. (1)a) Section 14. %n'nown identity or name of defendant. /henever the identity or na!e of a defendant is unknown, he !ay be sued as the unknown owner heir devisee, or by such other desi"nation as the case !ay re7uire, when his identity or true na!e is discovered, the pleadin" !ust be a!ended accordin"ly. (1() Section 15. (ntity without uridical personality as defendant. /hen two or !ore persons not or"ani'ed as an entity with &uridical personality enter into a transaction, they !ay be sued under the na!e by which they are "enerally or co!!only known. *n the answer of such defendant, the na!e and addresses of the persons co!posin" said entity !ust all be revealed. (10a) Section 16. )eath of party- duty of counsel. /henever a party to a pendin" action dies, and the clai! is not thereby extin"uished, it shall be the duty of his counsel to infor! the court within thirty ()<) days after such death of the fact thereof, and to "ive the na!e and address of his le"al representative or representatives. >ailure of counsel to co!ply with his duty shall be a "round for disciplinary action. The heirs of the deceased !ay be allowed to be substituted for the deceased, without re7uirin" the appoint!ent of an executor or ad!inistrator and the court !ay appoint a "uardian ad litem for the !inor heirs. The court shall forthwith order said le"al representative or representatives to appear and be substituted within a period of thirty ()<) days fro! notice. *f no le"al representative is na!ed by the counsel for the deceased party, or if the one so na!ed shall fail to appear within the specified period, the court !ay order the opposin" party, within a specified ti!e to procure the appoint!ent of an executor or ad!inistrator for the estate of the deceased and the latter shall i!!ediately appear for and on behalf of the deceased. The court char"es in procurin" such appoint!ent, if defrayed by the opposin" party, !ay be recovered as costs. (1+a, 19a)

Section 1". )eath or separation of a party who is a public officer . /hen a public officer is a party in an action in his official capacity and durin" its pendency dies, resi"ns, or otherwise ceases to hold office, the action !ay be continued and !aintained by or a"ainst his successor if, within thirty ()<) days after the successor takes office or such ti!e as !ay be "ranted by the court, it is satisfactorily shown to the court by any party that there is a substantial need for continuin" or !aintainin" it and that the successor adopts or continues or threatens to adopt or continue to adopt or continue the action of his predecessor. %efore a substitution is !ade, the party or officer to be affected, unless expressly assentin" thereto, shall be "iven reasonable notice of the application therefor and accorded an opportunity to be heard. (1:a) Section 1#. Incompetency or incapacity. *f a party beco!es inco!petent or incapacitated, the court, upon !otion with notice, !ay allow the action to be continued by or a"ainst the inco!petent or incapacitated person assisted by his le"al "uardian or "uardian ad litem. (1;a) Section 1$. Transfer of interest. *n case of any transfer of interest, the action !ay be continued by or a"ainst the ori"inal party, unless the court upon !otion directs the person to who! the interest is transferred to be substituted in the action or &oined with the ori"inal party. ($<) Section 2%. &ction and contractual money claims. /hen the action is for recovery of !oney arisin" fro! contract, express or i!plied, and the defendant dies before entry of final &ud"!ent in the court in which the action was pendin" at the ti!e of such death, it shall not be dis!issed but shall instead be allowed to continue until entry of final &ud"!ent. # favorable &ud"!ent obtained by the plaintiff therein shall be enforced in the !anner especially provided in these Rules for prosecutin" clai!s a"ainst the estate of a deceased person. ($1a) Section 21. Indigent party. # party !ay be authori'ed to liti"ate his action, clai! or defense as an indi"ent if the court, upon an e* parte application and hearin", is satisfied that the party is one who has no !oney or property sufficient and available for food, shelter and basic necessities for hi!self and his fa!ily. uch authority shall include an exe!ption fro! pay!ent of docket and other lawful fees, and of transcripts of steno"raphic notes which the court !ay order to be furnished hi!. The a!ount of the docket and other lawful fees which the indi"ent was exe!pted fro! payin" shall be a lien on any &ud"!ent rendered in the case favorable to the indi"ent, unless the court otherwise provides. #ny adverse party !ay contest the "rant of such authority at any ti!e before &ud"!ent is rendered by the trial court. *f the court should deter!ine after hearin" that the party declared as an indi"ent is in fact a person with sufficient inco!e or property, the proper docket and other lawful fees shall be assessed and collected by the clerk of court. *f pay!ent is not !ade within the ti!e fixed by the court, execution shall issue or the pay!ent thereof, without pre&udice to such other sanctions as the court !ay i!pose. ($$a) Section 22. #otice to the Solicitor +eneral. *n any action involvin" the validity of any treaty, law, ordinance, executive order, presidential decree, rules or re"ulations, the court, in its discretion, !ay re7uire the appearance of the olicitor ?eneral who !ay be heard in person or a representative duly desi"nated by hi!. ($)a) RULE 4 &en e o! Actions Section 1. ,enue of real actions. #ctions affectin" title to or possession of real property, or interest therein, shall be co!!enced and tried in the proper court which has &urisdiction over the area wherein the real property involved, or a portion thereof, is situated. >orcible entry and detainer actions shall be co!!enced and tried in the !unicipal trial court of the !unicipality or city wherein the real property involved, or a portion thereof, is situated. (1@aA, $@aAa) Section 2. ,enue of personal actions. #ll other actions !ay be co!!enced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non4resident defendant where he !ay be found, at the election of the plaintiff. ($@bAa)

Section 3. ,enue of actions against nonresidents. *f any of the defendants does not reside and is not found in the 8hilippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the 8hilippines, the action !ay be co!!enced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found. ($@cAa) Section 4. !hen Rule not applicable. This Rule shall not apply. (a) *n those cases where a specific rule or law provides otherwise- or (b) /here the parties have validly a"reed in writin" before the filin" of the action on the exclusive venue thereof. ()a, 0a) RULE 5 Uni!or' Proced re (n )rial Co rts Section 1. %niform procedure. The procedure in the 1unicipal Trial Courts shall be the sa!e as in the Re"ional Trial Courts, except (a) where a particular provision expressly or i!pliedly applies only to either of said courts, or (b) in civil cases "overned by the Rule on u!!ary 8rocedure. (n) Section 2. Meaning of terms. The ter! 31unicipal Trial Courts3 as used in these Rules shall include 1etropolitan Trial Courts, 1unicipal Trial Courts in Cities, 1unicipal Trial Courts, and 1unicipal Circuit Trial Courts. (1a) Proced re (n Re*ional )rial Co rts RULE 6 +inds O! Pleadin*s Section 1. "leadings defined. 8leadin"s are the written state!ents of the respective clai!s and defenses of the parties sub!itted to the court for appropriate &ud"!ent. (1a) Section 2. "leadings allowed. The clai!s of a party are asserted in a co!plaint, counterclai!, cross4clai!, third (fourth, etc.)4party co!plaint, or co!plaint4in4intervention. The defenses of a party are alle"ed in the answer to the pleadin" assertin" a clai! a"ainst hi!. #n answer !ay be responded to by a reply. (n) Section 3. Complaint. The co!plaint is the pleadin" alle"in" the plaintiffBs cause or causes of action. The na!es and residences of the plaintiff and defendant !ust be stated in the co!plaint. ()a) Section 4. &nswer. #n answer is a pleadin" in which a defendin" party sets forth his defenses. ((a) Section 5. )efenses. Cefenses !ay either be ne"ative or affir!ative. (a) # ne"ative defense is the specific denial of the !aterial fact or facts alle"ed in the pleadin" of the clai!ant essential to his cause or causes of action. (b) #n affir!ative defense is an alle"ation of a new !atter which, while hypothetically ad!ittin" the !aterial alle"ations in the pleadin" of the clai!ant, would nevertheless prevent or bar recovery by hi!. The affir!ative defenses include fraud, statute of li!itations, release, pay!ent, ille"ality, statute of frauds, estoppel, for!er recovery, dischar"e in bankruptcy, and any other !atter by way of confession and avoidance. (0a)

Section 6. Counterclaim. # counterclai! is any clai! which a defendin" party !ay have a"ainst an opposin" party. (+a) Section ". Compulsory counterclaim. # co!pulsory counterclai! is one which, bein" co"ni'able by the re"ular courts of &ustice, arises out of or is connected with the transaction or occurrence constitutin" the sub&ect !atter of the opposin" partyBs clai! and does not re7uire for its ad&udication the presence of third parties of who! the court cannot ac7uire &urisdiction. uch a counterclai! !ust be within the &urisdiction of the court both as to the a!ount and the nature thereof, except that in an ori"inal action before the Re"ional Trial Court, the counter4clai! !ay be considered co!pulsory re"ardless of the a!ount. (n) Section #. Cross$claim. # cross4clai! is any clai! by one party a"ainst a co4party arisin" out of the transaction or occurrence that is the sub&ect !atter either of the ori"inal action or of a counterclai! therein. uch cross4clai! !ay include a clai! that the party a"ainst who! it is asserted is or !ay be liable to the cross4clai!ant for all or part of a clai! asserted in the action a"ainst the cross4clai!ant. (9) Section $. Counter$counterclaims and counter$crossclaims. # counter4clai! !ay be asserted a"ainst an ori"inal counter4clai!ant. # cross4clai! !ay also be filed a"ainst an ori"inal cross4clai!ant. (n) Section 1%. Reply. # reply is a pleadin", the office or function of which is to deny, or alle"e facts in denial or avoidance of new !atters alle"ed by way of defense in the answer and thereby &oin or !ake issue as to such new !atters. *f a party does not file such reply, all the new !atters alle"ed in the answer are dee!ed controverted. *f the plaintiff wishes to interpose any clai!s arisin" out of the new !atters so alle"ed, such clai!s shall be set forth in an a!ended or supple!ental co!plaint. (11) Section 11. Third- .fourth- etc./0party complaint . # third (fourth, etc.) party co!plaint is a clai! that a defendin" party !ay, with leave of court, file a"ainst a person not a party to the action, called the third (fourth, etc.) party defendant for contribution, inde!nity, subro"ation or any other relief, in respect of his opponentBs clai!. (1$a) Section 12. 1ringing new parties. /hen the presence of parties other than those to the ori"inal action is re7uired for the "rantin" of co!plete relief in the deter!ination of a counterclai! or cross4clai!, the court shall order the! to be brou"ht in as defendants, if &urisdiction over the! can be obtained. (1() Section 13. &nswer to third .fourth- etc./0party complaint. # third (fourth, etc.) party defendant !ay alle"e in his answer his defenses, counterclai!s or cross4clai!s, includin" such defenses that the third (fourth, etc.) party plaintiff !ay have a"ainst the ori"inal plaintiffBs clai!. *n proper cases, he !ay also assert a counterclai! a"ainst the ori"inal plaintiff in respect of the latterBs clai! a"ainst the third4party plaintiff. (n) RULE " Parts o! a Pleadin* Section 1. Caption. The caption sets forth the na!e of the court, the title of the action, and the docket nu!ber if assi"ned. The title of the action indicates the na!es of the parties. They shall all be na!ed in the ori"inal co!plaint or petitionbut in subse7uent pleadin"s, it shall be sufficient if the na!e of the first party on each side be stated with an appropriate indication when there are other parties. Their respective participation in the case shall be indicated. (1a, $a) Section 2. The body. The body of the pleadin" sets fourth its desi"nation, the alle"ations of the partyBs clai!s or defenses, the relief prayed for, and the date of the pleadin". (n)

(a) "aragraphs. The alle"ations in the body of a pleadin" shall be divided into para"raphs so nu!bered to be readily identified, each of which shall contain a state!ent of a sin"le set of circu!stances so far as that can be done with convenience. # para"raph !ay be referred to by its nu!ber in all succeedin" pleadin"s. ()a) (b) 2eadings. /hen two or !ore causes of action are &oined the state!ent of the first shall be prefaced by the words 3first cause of action,BB of the second by 3second cause of action3, and so on for the others. /hen one or !ore para"raphs in the answer are addressed to one of several causes of action in the co!plaint, they shall be prefaced by the words 3answer to the first cause of action3 or 3answer to the second cause of action3 and so on- and when one or !ore para"raphs of the answer are addressed to several causes of action, they shall be prefaced by words to that effect. (() (c) Relief. The pleadin" shall specify the relief sou"ht, but it !ay add a "eneral prayer for such further or other relief as !ay be dee!ed &ust or e7uitable. ()a, R+) (d) )ate. ,very pleadin" shall be dated. (n) Section 3. Signature and address. ,very pleadin" !ust be si"ned by the party or counsel representin" hi!, statin" in either case his address which should not be a post office box. The si"nature of counsel constitutes a certificate by hi! that he has read the pleadin"- that to the best of his knowled"e, infor!ation, and belief there is "ood "round to support it- and that it is not interposed for delay. #n unsi"ned pleadin" produces no le"al effect. 6owever, the court !ay, in its discretion, allow such deficiency to be re!edied if it shall appear that the sa!e was due to !ere inadvertence and not intended for delay. Counsel who deliberately files an unsi"ned pleadin", or si"ns a pleadin" in violation of this Rule, or alle"es scandalous or indecent !atter therein, or fails pro!ptly report to the court a chan"e of his address, shall be sub&ect to appropriate disciplinary action. (0a) Section 4. ,erification. ,xcept when otherwise specifically re7uired by law or rule, pleadin"s need not be under oath, verified or acco!panied by affidavit .(0a) # pleadin" is verified by an affidavit that the affiant has read the pleadin" and that the alle"ations therein are true and correct of his knowled"e and belief. # pleadin" re7uired to be verified which contains a verification based on 3infor!ation and belief3, or upon 3knowled"e, infor!ation and belief3, or lacks a proper verification, shall be treated as an unsi"ned pleadin". (+a) Section 5. Certification against forum shopping. The plaintiff or principal party shall certify under oath in the co!plaint or other initiatory pleadin" assertin" a clai! for relief, or in a sworn certification annexed thereto and si!ultaneously filed therewith. (a) that he has not theretofore co!!enced any action or filed any clai! involvin" the sa!e issues in any court, tribunal or 7uasi4&udicial a"ency and, to the best of his knowled"e, no such other action or clai! is pendin" therein- (b) if there is such other pendin" action or clai!, a co!plete state!ent of the present status thereof- and (c) if he should thereafter learn that the sa!e or si!ilar action or clai! has been filed or is pendin", he shall report that fact within five (0) days therefro! to the court wherein his aforesaid co!plaint or initiatory pleadin" has been filed. >ailure to co!ply with the fore"oin" re7uire!ents shall not be curable by !ere a!end!ent of the co!plaint or other initiatory pleadin" but shall be cause for the dis!issal of the case without pre&udice, unless otherwise provided, upon !otion and after hearin". The sub!ission of a false certification or non4co!pliance with any of the undertakin"s therein shall constitute indirect conte!pt of court, without pre&udice to the correspondin" ad!inistrative and cri!inal actions. *f the acts of the party or his counsel clearly constitute willful and deliberate foru! shoppin", the sa!e shall be "round for su!!ary dis!issal with pre&udice and shall constitute direct conte!pt, as well as a cause for ad!inistrative sanctions. (n)

RULE # ,anner o! ,a-in* Alle*ations in Pleadin*s Section 1. In general. ,very pleadin" shall contain in a !ethodical and lo"ical for!, a plain, concise and direct state!ent of the ulti!ate facts on which the party pleadin" relies for his clai! or defense, as the case !ay be, o!ittin" the state!ent of !ere evidentiary facts. (1) *f a defense relied on is based on law, the pertinent provisions thereof and their applicability to hi! shall be clearly and concisely stated. (n) Section 2. &lternative causes of action or defenses . # party !ay set forth two or !ore state!ents of a clai! or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses. /hen two or !ore state!ents are !ade in the alternative and one of the! if !ade independently would be sufficient, the pleadin" is not !ade insufficient by the insufficiency of one or !ore of the alternative state!ents. ($) Section 3. Conditions precedent. *n any pleadin" a "eneral aver!ent of the perfor!ance or occurrence of all conditions precedent shall be sufficient. ()) Section 4. Capacity. >acts showin" the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the le"al existence of an or"ani'ed association of person that is !ade a party, !ust be averred. # party desirin" to raise an issue as to the le"al existence of any party or the capacity of any party to sue or be sued in a representative capacity, shall do so by specific denial, which shall include such supportin" particulars as are peculiarly within the pleaderBs knowled"e. (() Section 5. 3raud- mista'e- condition of the mind . *n all aver!ents of fraud or !istake the circu!stances constitutin" fraud or !istake !ust be stated with particularity. 1alice, intent, knowled"e, or other condition of the !ind of a person !ay be averred "enerally.(0a) Section 6. Judgment. *n pleadin" a &ud"!ent or decision of a do!estic or forei"n court, &udicial or 7uasi4&udicial tribunal, or of a board or officer, it is sufficient to aver the &ud"!ent or decision without settin" forth !atter showin" &urisdiction to render it. (+) Section ". &ction or defense based on document. /henever an action or defense is based upon a written instru!ent or docu!ent, the substance of such instru!ent or docu!ent shall be set forth in the pleadin", and the ori"inal or a copy thereof shall be attached to the pleadin" as an exhibit, which shall be dee!ed to be a part of the pleadin", or said copy !ay with like effect be set forth in the pleadin". (9) Section #. 2ow to contest such documents . /hen an action or defense is founded upon a written instru!ent, copied in or attached to the correspondin" pleadin" as provided in the precedin" section, the "enuineness and due execution of the instru!ent shall be dee!ed ad!itted unless the adverse party, under oath specifically denies the!, and sets forth what he clai!s to be the facts, but the re7uire!ent of an oath does not apply when the adverse party does not appear to be a party to the instru!ent or when co!pliance with an order for an inspection of the ori"inal instru!ent is refused. (:a) Section $. Official document or act. *n pleadin" an official docu!ent or official act, it is sufficient to aver that the docu!ent was issued or the act done in co!pliance with law. (;) Section 1%. Specific denial. # defendant !ust specify each !aterial alle"ation of fact the truth of which he does not ad!it and, whenever practicable, shall set forth the substance of the !atters upon which he relies to support his denial. /here a defendant desires to deny only a part of an aver!ent, he shall specify so !uch of it as is true and !aterial and shall deny only the re!ainder. /here a defendant is without knowled"e or infor!ation sufficient to for! a belief as to the truth of a !aterial aver!ent !ade to the co!plaint, he shall so state, and this shall have the effect of a denial. (1<a) Section 11. &llegations not specifically denied deemed admitted . 1aterial aver!ent in the co!plaint, other than those as to the a!ount of unli7uidated da!a"es, shall be dee!ed ad!itted when not specifically denied. #lle"ations of usury in a co!plaint to recover usurious interest are dee!ed ad!itted if not denied under oath. (1a, R;)

Section 12. Stri'ing out of pleading or matter contained therein. 5pon !otion !ade by a party before respondin" to a pleadin" or, if no responsive pleadin" is per!itted by these Rules, upon !otion !ade by a party within twenty ($<) days after the service of the pleadin" upon hi!, or upon the courtBs own initiative at any ti!e, the court !ay order any pleadin" to be stricken out or that any sha! or false, redundant, i!!aterial, i!pertinent, or scandalous !atter be stricken out therefro!. (0, R;) RULE $ E!!ect o! .ail re to Plead Section 1. )efenses and ob ections not pleaded. Cefenses and ob&ections not pleaded either in a !otion to dis!iss or in the answer are dee!ed waived. 6owever, when it appears fro! the pleadin"s or the evidence on record that the court has no &urisdiction over the sub&ect !atter, that there is another action pendin" between the sa!e parties for the sa!e cause, or that the action is barred by a prior &ud"!ent or by statute of li!itations, the court shall dis!iss the clai!. ($a) Section 2. Compulsory counterclaim, or cross$claim, not set up barred. # co!pulsory counterclai!, or a cross4 clai!, not set up shall be barred. ((a) Section 3. )efault- declaration of. *f the defendin" party fails to answer within the ti!e allowed therefor, the court shall, upon !otion of the clai!in" party with notice to the defendin" party, and proof of such failure, declare the defendin" party in default. Thereupon, the court shall proceed to render &ud"!ent "rantin" the clai!ant such relief as his pleadin" !ay warrant, unless the court in its discretion re7uires the clai!ant to sub!it evidence. uch reception of evidence !ay be dele"ated to the clerk of court. (1a, R1:) (a) (ffect of order of default . # party in default shall be entitled to notice of subse7uent proceedin"s but not to take part in the trial. ($a, R1:) (b) Relief from order of default. # party declared in default !ay at any ti!e after notice thereof and before &ud"!ent file a !otion under oath to set aside the order of default upon proper showin" that his failure to answer was due to fraud, accident, !istake or excusable ne"li"ence and that he has a !eritorious defense. *n such case, the order of default !ay be set aside on such ter!s and conditions as the &ud"e !ay i!pose in the interest of &ustice. ()a, R1:) (c) (ffect of partial default. /hen a pleadin" assertin" a clai! states a co!!on cause of action a"ainst several defendin" parties, so!e of who! answer and the others fail to do so, the court shall try the case a"ainst all upon the answers thus filed and render &ud"!ent upon the evidence presented. ((a, R1:). (d) (*tent of relief to be awarded. # &ud"!ent rendered a"ainst a party in default shall not exceed the a!ount or be different in kind fro! that prayed for nor award unli7uidated da!a"es. (0a, R1:). (e) !here no defaults allowed. *f the defendin" party in an action for annul!ent or declaration of nullity of !arria"e or for le"al separation fails to answer, the court shall order the prosecutin" attorney to investi"ate whether or not a collusion between the parties exists, and if there is no collusion, to intervene for the tate in order to see to it that the evidence sub!itted is not fabricated. (+a, R1:) RULE 1% A'ended and S //le'ental Pleadin*s Section 1. &mendments in general. 8leadin"s !ay be a!ended by addin" or strikin" out an alle"ation or the na!e of any party, or by correctin" a !istake in the na!e of a party or a !istaken or inade7uate alle"ation or description in any other respect, so that the actual !erits of the controversy !ay speedily be deter!ined, without re"ard to technicalities, and in the !ost expeditious and inexpensive !anner. (1)

Section 2. &mendments as a matter of right . # party !ay a!end his pleadin" once as a !atter of ri"ht at any ti!e before a responsive pleadin" is served or, in the case of a reply, at any ti!e within ten (1<) days after it is served. ($a) Section 3. &mendments by leave of court . ,xcept as provided in the next precedin" section, substantial a!end!ents !ay be !ade only upon leave of court. %ut such leave !ay be refused if it appears to the court that the !otion was !ade with intent to delay. 2rders of the court upon the !atters provided in this section shall be !ade upon !otion filed in court, and after notice to the adverse party, and an opportunity to be heard. ()a) Section 4. 3ormal amendments. # defect in the desi"nation of the parties and other clearly clerical or typo"raphical errors !ay be su!!arily corrected by the court at any sta"e of the action, at its initiative or on !otion, provided no pre&udice is caused thereby to the adverse party. ((a) Section 5. &mendment to conform to or authori4e presentation of evidence. /hen issues not raised by the pleadin"s are tried with the express or i!plied consent of the parties they shall be treated in all respects as if they had been raised in the pleadin"s. uch a!end!ent of the pleadin"s as !ay be necessary to cause the! to confor! to the evidence and to raise these issues !ay be !ade upon !otion of any party at any ti!e, even after &ud"!entbut failure to a!end does not effect the result of the trial of these issues. *f evidence is ob&ected to at the trial on the "round that it is not within the issues !ade by the pleadin"s, the court !ay allow the pleadin"s to be a!ended and shall do so with liberality if the presentation of the !erits of the action and the ends of substantial &ustice will be subserved thereby. The court !ay "rant a continuance to enable the a!end!ent to be !ade. (0a) Section 6. Supplemental pleadings. 5pon !otion of a party the court !ay, upon reasonable notice and upon such ter!s as are &ust, per!it hi! to serve a supple!ental pleadin" settin" forth transactions, occurrences or events which have happened since the date of the pleadin" sou"ht to be supple!ented. The adverse party !ay plead thereto within ten (1<) days fro! notice of the order ad!ittin" the supple!ental pleadin". (+a) Section ". 3iling of amended pleadings. /hen any pleadin" is a!ended, a new copy of the entire pleadin", incorporatin" the a!end!ents, which shall be indicated by appropriate !arks, shall be filed. (9a) Section #. (ffect of amended pleadings. #n a!ended pleadin" supersedes the pleadin" that it a!ends. 6owever, ad!issions in superseded pleadin"s !ay be received in evidence a"ainst the pleader, and clai!s or defenses alle"ed therein not incorporated in the a!ended pleadin" shall be dee!ed waived. (n) RULE 11 01en to .ile Res/onsive Pleadin*s Section 1. &nswer to the complaint. The defendant shall file his answer to the co!plaint within fifteen (10) days after service of su!!ons, unless a different period is fixed by the court. (la) Section 2. &nswer of a defendant foreign private uridical entity. /here the defendant is a forei"n private &uridical entity and service of su!!ons is !ade on the "overn!ent official desi"nated by law to receive the sa!e, the answer shall be filed within thirty ()<) days after receipt of su!!ons by such entity. ($a) Section 3. &nswer to amended complaint. /hen the plaintiff files an a!ended co!plaint as a !atter of ri"ht, the defendant shall answer the sa!e within fifteen (10) days after bein" served with a copy thereof. /here its filin" is not a !atter of ri"ht, the defendant shall answer the a!ended co!plaint within ten (l<) days fro! notice of the order ad!ittin" the sa!e. #n answer earlier filed !ay serve as the answer to the a!ended co!plaint if no new answer is filed. This Rule shall apply to the answer to an a!ended counterclai!, a!ended cross4clai!, a!ended third (fourth, etc.) party co!plaint, and a!ended co!plaint4in4intervention. ()a) Section 4. &nswer to counterclaim or cross$claim. # counterclai! or cross4clai! !ust be answered within ten (1<) days fro! service. (()

Section 5. &nswer to third .fourth- etc./$party complaint. The ti!e to answer a third (fourth, etc.)party co!plaint shall be "overned by the sa!e rule as the answer to the co!plaint. (0a) Section 6. Reply. # reply !ay be filed within ten (1<) days fro! service of the pleadin" responded to. (+) Section ". &nswer to supplemental complain. # supple!ental co!plaint !ay be answered within ten (1<) days fro! notice of the order ad!ittin" the sa!e, unless a different period is fixed by the court. The answer to the co!plaint shall serve as the answer to the supple!ental co!plaint if no new or supple!ental answer is filed. (n) Section #. (*isting counterclaim or cross$claim. # co!pulsory counterclai! or a cross4clai! that a defendin" party has at the ti!e he files his answer shall be contained therein. (:a, R+) Section $. Counterclaim or cross$claim arising after answer . # counterclai! or a cross4clai! which either !atured or was ac7uired by a party after servin" his pleadin" !ay, with the per!ission of the court, be presented as a counterclai! or a cross4clai! by supple!ental pleadin" before &ud"!ent. (;, R+) Section 1%. Omitted counterclaim or cross$claim. /hen a pleader fails to set up a counterclai! or a cross4clai! throu"h oversi"ht, inadvertence, or excusable ne"lect, or when &ustice re7uires, he !ay, by leave of court, set up the counterclai! or cross4clai! by a!end!ent before &ud"!ent. (), R;) Section 11. (*tension of time to plead. 5pon !otion and on such ter!s as !ay be &ust, the court !ay extend the ti!e to plead provided in these Rules. The court !ay also, upon like ter!s, allow an answer or other pleadin" to be filed after the ti!e fixed by these Rules. (9) RULE 12 2ill o! Partic lars Section 1. !hen applied for- purpose. %efore respondin" to a pleadin", a party !ay !ove for a definite state!ent or for a bill of particulars of any !atter which is not averted with sufficient definiteness or particularity to enable hi! properly to prepare his responsive pleadin". *f the pleadin" is a reply, the !otion !ust be filed within ten (1<) days fro! service thereof. uch !otion shall point out the defects co!plained of, the para"raphs wherein they are contained, and the details desired. (1a) Section 2. &ction by the court. 5pon the filin" of the !otion, the clerk of court !ust i!!ediately brin" it to the attention of the court which !ay either deny or "rant it outri"ht, or allow the parties the opportunity to be heard. (n) Section 3. Compliance with order. *f the !otion is "ranted, either in whole or in part, the co!pliance therewith !ust be effected within ten (1<) days fro! notice of the order, unless a different period is fixed by the court. The bill of particulars or a !ore definite state!ent ordered by the court !ay be filed either in a separate or in an a!ended pleadin", servin" a copy thereof on the adverse party. (n) Section 4. (ffect of non$compliance. *f the order is not obeyed, or in case of insufficient co!pliance therewith, the court !ay order the strikin" out of the pleadin" or the portions thereof to which the order was directed or !ake such other order as it dee!s &ust. (1@cAa) Section 5. Stay of period to file responsive pleading. #fter service of the bill of particulars or of a !ore definite pleadin", or after notice of denial of his !otion, the !ovin" party !ay file his responsive pleadin" within the period to which he was entitled at the ti!e of filin" his !otion, which shall not be less than five (0) days in any event. (1@bAa) Section 6. 1ill a part of pleading. # bill of particulars beco!es part of the pleadin" for which it is intended. (1@aAa)

RULE 13 .ilin* and Service o! Pleadin*s3 4 d*'ents and Ot1er Pa/ers Section 1. Coverage. This Rule shall "overn the filin" of all pleadin"s and other papers, as well as the service thereof, except those for which a different !ode of service is prescribed. (n) Section 2. 3iling and service, defined. >ilin" is the act of presentin" the pleadin" or other paper to the clerk of court. ervice is the act of providin" a party with a copy of the pleadin" or paper concerned. *f any party has appeared by counsel, service upon hi! shall be !ade upon his counsel or one of the!, unless service upon the party hi!self is ordered by the court. /here one counsel appears for several parties, he shall only be entitled to one copy of any paper served upon hi! by the opposite side. ($a) Section 3. Manner of filing. The filin" of pleadin"s, appearances, !otions, notices, orders, &ud"!ents and all other papers shall be !ade by presentin" the ori"inal copies thereof, plainly indicated as such, personally to the clerk of court or by sendin" the! by re"istered !ail. *n the first case, the clerk of court shall endorse on the pleadin" the date and hour of filin". *n the second case, the date of the !ailin" of !otions, pleadin"s, or any other papers or pay!ents or deposits, as shown by the post office sta!p on the envelope or the re"istry receipt, shall be considered as the date of their filin", pay!ent, or deposit in court. The envelope shall be attached to the record of the case. (1a) Section 4. "apers re5uired to be filed and served. ,very &ud"!ent, resolution, order, pleadin" subse7uent to the co!plaint, written !otion, notice, appearance, de!and, offer of &ud"!ent or si!ilar papers shall be filed with the court, and served upon the parties affected. ($a) Section 5. Modes of service. ervice of pleadin"s !otions, notices, orders, &ud"!ents and other papers shall be !ade either personally or by !ail. ()a) Section 6. "ersonal service. ervice of the papers !ay be !ade by deliverin" personally a copy to the party or his counsel, or by leavin" it in his office with his clerk or with a person havin" char"e thereof. *f no person is found in his office, or his office is not known, or he has no office, then by leavin" the copy, between the hours of ei"ht in the !ornin" and six in the evenin", at the partyBs or counselBs residence, if known, with a person of sufficient a"e and discretion then residin" therein. ((a) Section ". Service by mail. ervice by re"istered !ail shall be !ade by depositin" the copy in the post office in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if known, with posta"e fully prepaid, and with instructions to the post!aster to return the !ail to the sender after ten (1<) days if undelivered. *f no re"istry service is available in the locality of either the senders or the addressee, service !ay be done by ordinary !ail. (0a- %ar 1atter =o. :<), 19 >ebruary 1;;:) Section #. Substituted service. *f service of pleadin"s, !otions, notices, resolutions, orders and other papers cannot be !ade under the two precedin" sections, the office and place of residence of the party or his counsel bein" unknown, service !ay be !ade by deliverin" the copy to the clerk of court, with proof of failure of both personal service and service by !ail. The service is co!plete at the ti!e of such delivery. (+a) Section $. Service of udgments, final orders, or resolutions. Dud"!ents, final orders or resolutions shall be served either personally or by re"istered !ail. /hen a party su!!oned by publication has failed to appear in the action, &ud"!ents, final orders or resolutions a"ainst hi! shall be served upon hi! also by publication at the expense of the prevailin" party. (9a) Section 1%. Completeness of service. 8ersonal service is co!plete upon actual delivery. ervice by ordinary !ail is co!plete upon the expiration of ten (1<) days after !ailin", unless the court otherwise provides. ervice by re"istered !ail is co!plete upon actual receipt by the addressee, or after five (0) days fro! the date he received the first notice of the post!aster, whichever date is earlier. (:a) Section 11. "riorities in modes of service and filing . /henever practicable, the service and filin" of pleadin"s and other papers shall be done personally. ,xcept with respect to papers e!anatin" fro! the court, a resort to other

!odes !ust be acco!panied by a written explanation why the service or filin" was not done personally. # violation of this Rule !ay be cause to consider the paper as not filed. (n) Section 12. "roof of filing. The filin" of a pleadin" or paper shall be proved by its existence in the record of the case. *f it is not in the record, but is clai!ed to have been filed personally, the filin" shall be proved by the written or sta!ped acknowled"!ent of its filin" by the clerk of court on a copy of the sa!e- if filed by re"istered !ail, by the re"istry receipt and by the affidavit of the person who did the !ailin", containin" a full state!ent of the date and place of depositin" the !ail in the post office in a sealed envelope addressed to the court, with posta"e fully prepaid, and with instructions to the post!aster to return the !ail to the sender after ten (1<) days if not delivered. (n) Section 13. "roof of Service. 8roof of personal service shall consist of a written ad!ission of the party served, or the official return of the server, or the affidavit of the party servin", containin" a full state!ent of the date, place and !anner of service. *f the service is by ordinary !ail, proof thereof shall consist of an affidavit of the person !ailin" of facts showin" co!pliance with section 9 of this Rule. *f service is !ade by re"istered !ail, proof shall be !ade by such affidavit and the re"istry receipt issued by the !ailin" office. The re"istry return card shall be filed i!!ediately upon its receipt by the sender, or in lieu thereof the unclai!ed letter to"ether with the certified or sworn copy of the notice "iven by the post!aster to the addressee. (1<a) Section 14. #otice of lis pendens. *n an action affectin" the title or the ri"ht of possession of real property, the plaintiff and the defendant, when affir!ative relief is clai!ed in his answer, !ay record in the office of the re"istry of deeds of the province in which the property is situated notice of the pendency of the action. aid notice shall contain the na!es of the parties and the ob&ect of the action or defense, and a description of the property in that province affected thereby. 2nly fro! the ti!e of filin" such notice for record shall a purchaser, or encu!brancer of the property affected thereby, be dee!ed to have constructive notice of the pendency of the action, and only of its pendency a"ainst the parties desi"nated by their real na!es. The notice of lis pendens hereinabove !entioned !ay be cancelled only upon order of the court, after proper showin" that the notice is for the purpose of !olestin" the adverse party, or that it is not necessary to protect the ri"hts of the ri"hts of the party who caused it to be recorded. ($(a, R41() RULE 14 S ''ons Section 1. Cler' to issue summons. 5pon the filin" of the co!plaint and the pay!ent of the re7uisite le"al fees, the clerk of court shall forthwith issue the correspondin" su!!ons to the defendants. (1a) Section 2. Contents. The su!!ons shall be directed to the defendant, si"ned by the clerk of court under seal and contain (a) the na!e of the court and the na!es of the parties to the action- (b) a direction that the defendant answer within the ti!e fixed by these Rules- (c) a notice that unless the defendant so answers plaintiff will take &ud"!ent by default and !ay be "ranted the relief applied for. # copy of the co!plaint and order for appoint!ent of "uardian ad litem if any, shall be attached to the ori"inal and each copy of the su!!ons. ()a) Section 3. 1y whom served. The su!!ons !ay be served by the sheriff, his deputy, or other proper court officer, or for &ustifiable reasons by any suitable person authori'ed by the court issuin" the su!!ons. (0a) Section 4. Return. /hen the service has been co!pleted, the server shall, within five (0) days therefro!, serve a copy of the return, personally or by re"istered !ail, to the plaintiffBs counsel, and shall return the su!!ons to the clerk, who issued it, acco!panied by proof of service. (+a) Section 5. Issuance of alias summons. *f a su!!ons is returned without bein" served on any or all of the defendants, the server shall also serve a copy of the return on the plaintiffBs counsel, statin" the reasons for the failure of service, within five (0) days therefro!. *n such a case, or if the su!!ons has been lost, the clerk, on de!and of the plaintiff, !ay issue an alias su!!ons. ((a)

Section 6. Service in person on defendant. /henever practicable, the su!!ons shall be served by handlin" a copy thereof to the defendant in person, or, if he refuses to receive and si"n for it, by tenderin" it to hi!. (9a) Section ". Substituted service. *f, for &ustifiable causes, the defendant cannot be served within a reasonable ti!e as provided in the precedin" section, service !ay be effected (a) by leavin" copies of the su!!ons at the defendantBs residence with so!e person of suitable a"e and discretion then residin" therein, or (b) by leavin" the copies at defendantBs office or re"ular place of business with so!e co!petent person in char"e thereof. (:a) Section #. Service upon entity without uridical personality. /hen persons associated in an entity without &uridical personality are sued under the na!e by which they are "enerally or co!!only known, service !ay be effected upon all the defendants by servin" upon any one of the!, or upon the person in char"e of the office or place of business !aintained in such na!e. %ut such service shall not bind individually any person whose connection with the entity has, upon due notice, been severed before the action was brou"ht. (;a) Section $. Service upon prisoners. /hen the defendant is a prisoner confined in a &ail or institution, service shall be effected upon hi! by the officer havin" the !ana"e!ent of such &ail or institution who is dee!ed deputi'ed as a special sheriff for said purpose. (1$a) Section 1%. Service upon minors and incompetents. /hen the defendant is a !inor, insane or otherwise an inco!petent, service shall be !ade upon hi! personally and on his le"al "uardian if he has one, or if none his "uardian ad litemwhose appoint!ent shall be applied for by the plaintiff. *n the case of a !inor, service !ay also be !ade on his father or !other. (l<a, 11a) Section 11. Service upon domestic private uridical entity . /hen the defendant is a corporation, partnership or association or"ani'ed under the laws of the 8hilippines with a &uridical personality, service !ay be !ade on the president, !ana"in" partner, "eneral !ana"er, corporate secretary, treasurer, or in4house counsel. (1)a) Section 12. Service upon foreign private uridical entities. /hen the defendant is a forei"n private &uridical entity which has transacted business in the 8hilippines, service !ay be !ade on its resident a"ent desi"nated in accordance with law for that purpose, or, if there be no such a"ent, on the "overn!ent official desi"nated by law to that effect, or on any of its officers or a"ents within the 8hilippines. (1(a) Section 13. Service upon public corporations. /hen the defendant is the Republic of the 8hilippines, service !ay be effected on the olicitor ?eneral- in case of a province, city or !unicipality, or like public corporations, service !ay be effected on its executive head, or on such other officer or officers as the law or the court !ay direct. (10) Section 14. Service upon defendant whose identity or whereabouts are un'nown . *n any action where the defendant is desi"nated as an unknown owner, or the like, or whenever his whereabouts are unknown and cannot be ascertained by dili"ent in7uiry, service !ay, by leave of court, be effected upon hi! by publication in a newspaper of "eneral circulation and in such places and for such ti!e as the court !ay order. (1+a) Section 15. (*traterritorial service. /hen the defendant does not reside and is not found in the 8hilippines, and the action affects the personal status of the plaintiff or relates to, or the sub&ect of which is, property within the 8hilippines, in which the defendant has or clai!s a lien or interest, actual or contin"ent, or in which the relief de!anded consists, wholly or in part, in excludin" the defendant fro! any interest therein, or the property of the defendant has been attached within the 8hilippines, service !ay, by leave of court, be effected out of the 8hilippines by personal service as under section +- or by publication in a newspaper of "eneral circulation in such places and for such ti!e as the court !ay order, in which case a copy of the su!!ons and order of the court shall be sent by re"istered !ail to the last known address of the defendant, or in any other !anner the court !ay dee! sufficient. #ny order "rantin" such leave shall specify a reasonable ti!e, which shall not be less than sixty (+<) days after notice, within which the defendant !ust answer. (19a) Section 16. Residents temporarily out of the "hilippines. /hen any action is co!!enced a"ainst a defendant who ordinarily resides within the 8hilippines, but who is te!porarily out of it, service !ay, by leave of court, be also effected out of the 8hilippines, as under the precedin" section. (1:a)

Section 1". 6eave of court. #ny application to the court under this Rule for leave to effect service in any !anner for which leave of court is necessary shall be !ade by !otion in writin", supported by affidavit of the plaintiff or so!e person on his behalf, settin" forth the "rounds for the application. (1;) Section 1#. "roof of service. The proof of service of a su!!ons shall be !ade in writin" by the server and shall set forth the !anner, place, and date of service- shall specify any papers which have been served with the process and the na!e of the person who received the sa!e- and shall be sworn to when !ade by a person other than a sheriff or his deputy. ($<) Section 1$. "roof of service by publication. *f the service has been !ade by publication, service !ay be proved by the affidavit of the printer, his fore!an or principal clerk, or of the editor, business or advertisin" !ana"er, to which affidavit a copy of the publication shall be attached and by an affidavit showin" the deposit of a copy of the su!!ons and order for publication in the post office, posta"e prepaid, directed to the defendant by re"istered !ail to his last known address. ($1) Section 2%. ,oluntary appearance. The defendantBs voluntary appearance in the action shall be e7uivalent to service of su!!ons. The inclusion in a !otion to dis!iss of other "rounds aside fro! lack of &urisdiction over the person of the defendant shall not be dee!ed a voluntary appearance. ($)a) RULE 15 ,otions Section 1. Motion defined. # !otion is an application for relief other than by a pleadin". (1a) Section 2. Motions must be in writings . #ll !otions shall be in writin" except those !ade in open court or in the course of a hearin" or trial. ($a) Section 3. Contents. # !otion shall state the relief sou"ht to be obtained and the "rounds upon which it is based, and if re7uired by these Rules or necessary to prove facts alle"ed therein, shall be acco!panied by supportin" affidavits and other papers. ()a) Section 4. 2earing of motion. ,xcept for !otions which the court !ay act upon without pre&udicin" the ri"hts of the adverse party, every written !otion shall be set for hearin" by the applicant. ,very written !otion re7uired to be heard and the notice of the hearin" thereof shall be served in such a !anner as to ensure its receipt by the other party at least three ()) days before the date of hearin", unless the court for "ood cause sets the hearin" on shorter notice. ((a) Section 5. #otice of hearing. The notice of hearin" shall be addressed to all parties concerned, and shall specify the ti!e and date of the hearin" which !ust not be later than ten (1<) days after the filin" of the !otion. (0a) Section 6. "roof of service necessary. =o written !otion set for hearin" shall be acted upon by the court without proof of service thereof. (+a) Section ". Motion day. ,xcept for !otions re7uirin" i!!ediate action, all !otions shall be scheduled for hearin" on >riday afternoons, or if >riday is a non4workin" day, in the afternoon of the next workin" day. (9a) Section #. Omnibus motion. ub&ect to the provisions of section 1 of Rule ;, a !otion attackin" a pleadin", order, &ud"!ent, or proceedin" shall include all ob&ections then available, and all ob&ections not so included shall be dee!ed waived. (:a) Section $. Motion for leave. # !otion for leave to file a pleadin" or !otion shall be acco!panied by the pleadin" or !otion sou"ht to be ad!itted. (n)

Section 1%. 3orm. The Rules applicable to pleadin"s shall apply to written !otions so far as concerns caption, desi"nation, si"nature, and other !atters of for!. (;a) RULE 16 ,otion to 5is'iss Section 1. +rounds. /ithin the ti!e for but before filin" the answer to the co!plaint or pleadin" assertin" a clai!, a !otion to dis!iss !ay be !ade on any of the followin" "rounds. (a) That the court has no &urisdiction over the person of the defendin" party(b) That the court has no &urisdiction over the sub&ect !atter of the clai!(c) That venue is i!properly laid(d) That the plaintiff has no le"al capacity to sue(e) That there is another action pendin" between the sa!e parties for the sa!e cause(f) That the cause of action is barred by a prior &ud"!ent or by the statute of li!itations(") That the pleadin" assertin" the clai! states no cause of action(h) That the clai! or de!and set forth in the plaintiffBs pleadin" has been paid, waived, abandoned, or otherwise extin"uished(i) That the clai! on which the action is founded is enforceable under the provisions of the statute of fraudsand (&) That a condition precedent for filin" the clai! has not been co!plied with. (1a) Section 2. 2earing of motion. #t the hearin" of the !otion, the parties shall sub!it their ar"u!ents on the 7uestions of law and their evidence on the 7uestions of fact involved except those not available at that ti!e. hould the case "o to trial, the evidence presented durin" the hearin" shall auto!atically be part of the evidence of the party presentin" the sa!e. (n) Section 3. Resolution of Motion. #fter the hearin", the court !ay dis!iss the action or clai!, deny the !otion, or order the a!end!ent of the pleadin". The court shall not defer the resolution of the !otion for the reason that the "round relied upon is not indubitable. *n every case, the resolution shall state clearly and distinctly the reasons therefor. ()a) Section 4. Time to plead. *f the !otion is denied, the !ovant shall file his answer within the balance of the period prescribed by Rule 11 to which he was entitled at the ti!e of servin" his !otion, but not less than five (0) days in any event, co!puted fro! his receipt of the notice of the denial. *f the pleadin" is ordered to be a!ended, he shall file his answer within the period prescribed by Rule 11 counted fro! service of the a!ended pleadin", unless the court provides a lon"er period. ((a) Section 5. (ffect of dismissal. ub&ect to the ri"ht of appeal, an order "rantin" a !otion to dis!iss based on para"raphs (f), (h) and (i) of section 1 hereof shall bar the refilin" of the sa!e action or clai!. (n)

Section 6. "leading grounds as affirmative defenses. *f no !otion to dis!iss has been filed, any of the "rounds for dis!issal provided for in this Rule !ay be pleaded as an affir!ative defense in the answer and, in the discretion of the court, a preli!inary hearin" !ay be had thereon as if a !otion to dis!iss had been filed. (0a) The dis!issal of the co!plaint under this section shall be without pre&udice to the prosecution in the sa!e or separate action of a counterclai! pleaded in the answer. (n) RULE 1" 5is'issal o! Actions Section 1. )ismissal upon notice by plaintiff. # co!plaint !ay be dis!issed by the plaintiff by filin" a notice of dis!issal at any ti!e before service of the answer or of a !otion for su!!ary &ud"!ent. 5pon such notice bein" filed, the court shall issue an order confir!in" the dis!issal. 5nless otherwise stated in the notice, the dis!issal is without pre&udice, except that a notice operates as an ad&udication upon the !erits when filed by a plaintiff who has once dis!issed in a co!petent court an action based on or includin" the sa!e clai!. (1a) Section 2. )ismissal upon motion of plaintiff. ,xcept as provided in the precedin" section, a co!plaint shall not be dis!issed at the plaintiffBs instance save upon approval of the court and upon such ter!s and conditions as the court dee!s proper. *f a counterclai! has been pleaded by a defendant prior to the service upon hi! of the plaintiffs !otion for dis!issal, the dis!issal shall be li!ited to the co!plaint. The dis!issal shall be without pre&udice to the ri"ht of the defendant to prosecute his counterclai! in a separate action unless within fifteen (10) days fro! notice of the !otion he !anifests his preference to have his counterclai! resolved in the sa!e action. 5nless otherwise specified in the order, a dis!issal under this para"raph shall be without pre&udice. # class suit shall not be dis!issed or co!pro!ised without the approval of the court. ($a) Section 3. )ismissal due to fault of plaintiff. *f, for no &ustifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief on the co!plaint, or to prosecute his action for an unreasonable len"th of ti!e, or to co!ply with these Rules or any order of the court, the co!plaint !ay be dis!issed upon !otion of the defendant or upon the courtBs own !otion, without pre&udice to the ri"ht of the defendant to prosecute his counterclai! in the sa!e or in a separate action. This dis!issal shall have the effect of an ad&udication upon the !erits, unless otherwise declared by the court. ()a) Section 4. )ismissal of counterclaim, cross$claim, or third$party complaint. The provisions of this Rule shall apply to the dis!issal of any counterclai!, cross4clai!, or third4party co!plaint. # voluntary dis!issal by the clai!ant by notice as in section 1 of this Rule, shall be !ade before a responsive pleadin" or a !otion for su!!ary &ud"!ent is served or, if there is none, before the introduction of evidence at the trial or hearin". ((a)