1997 RULES OF CIVIL PROCEDURE, AS registration, cadastral, naturalization and insolvency

AMENDED proceedings, and other cases not herein provided for,

except by analogy or in a suppletory character and
(RULES 1-71, RULES OF COURT) whenever practicable and convenient. (R143a)

EFFECTIVE JULY 1, 1997 Section 5. Commencement of action. — A civil action

is commenced by the filing of the original complaint in
Per Resolution of the Supreme Court in Bar Matter court. If an additional defendant is impleaded in a
No. 803 Adopted in Baguio City on April 8, 1997 later pleading, the action is commenced with regard
to him on the dated of the filing of such later pleading,
irrespective of whether the motion for its admission, if
RULES OF COURT necessary, is denied by the court. (6a)

Pursuant to the provisions of section 5 (5) of Article Section 6. Construction. — These Rules shall be
VIII of the Constitution, the Supreme Court hereby liberally construed in order to promote their objective
adopts and promulgates the following rules of securing a just, speedy and inexpensive disposition
concerning the protection and enforcement of of every action and proceeding. (2a)
constitutional rights, pleading, practice and procedure
in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the
underprivileged:
Civil Actions

Ordinary Civil Actions

RULE 1

General Provisions RULE 2

Section 1. Title of the Rules. — These Rule shall be Cause of Action

known and cited as the Rules of Court. (1)
Section 1. Ordinary civil actions, basis of. — Every
Section 2. In what courts applicable. — These Rules ordinary civil action must be based on a cause of
shall apply in all the courts, except as otherwise action. (n)
provided by the Supreme Court. (n)
Section 2. Cause of action, defined. — A cause of
Section 3. Cases governed. — These Rules shall action is the act or omission by which a party violates
govern the procedure to be observed in actions, civil a right of another. (n)
or criminal and special proceedings.
Section 3. One suit for a single cause of action. — A
(a) A civil action is one by which a party sues party may not institute more than one suit for a single
another for the enforcement or protection of a cause of action. (3a)
right, or the prevention or redress of a wrong,
(1a, R2) Section 4. Splitting a single cause of action; effect
of. — If two or more suits are instituted on the basis
A civil action may either be ordinary or of the same cause of action, the filing of one or a
special. Both are governed by the rules for judgment upon the merits in any one is available as a
ordinary civil actions, subject to the specific ground for the dismissal of the others. (4a)
rules prescribed for a special civil action. (n)
Section 5. Joinder of causes of action. — A party
(b) A criminal action is one by which the State may in one pleading assert, in the alternative or
prosecutes a person for an act or omission otherwise, as many causes of action as he may have
punishable by law. (n) against an opposing party, subject to the following
conditions:
(c) A special proceeding is a remedy by
which a party seeks to establish a status, a (a) The party joining the causes of action
right, or a particular fact. (2a, R2) shall comply with the rules on joinder of
parties;
Section 4. In what case not applicable. — These
Rules shall not apply to election cases, land

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 (b) The joinder shall not include special civil Section 4. Spouses as parties. — Husband and wife
actions or actions governed by special rules; shall sue or be sued jointly, except as provided by
law. (4a)
(c) Where the causes of action are between
the same parties but pertain to different Section 5. Minor or incompetent persons. — A minor
venues or jurisdictions, the joinder may be or a person alleged to be incompetent, may sue or be
allowed in the Regional Trial Court provided sued with the assistance of his father, mother,
one of the causes of action falls within the guardian, or if he has none, a guardian ad litem. (5a)
jurisdiction of said court and the venue lies
therein; and Section 6. Permissive joinder of parties. — All
persons in whom or against whom any right to relief
(d) Where the claims in all the causes action in respect to or arising out of the same transaction or
are principally for recovery of money, the series of transactions is alleged to exist, whether
aggregate amount claimed shall be the test of jointly, severally, or in the alternative, may, except as
jurisdiction. (5a) otherwise provided in these Rules, join as plaintiffs or
be joined as defendants in one complaint, where any
Section 6. Misjoinder of causes of action. — question of law or fact common to all such plaintiffs or
Misjoinder of causes of action is not a ground for to all such defendants may arise in the action; but the
dismissal of an action. A misjoined cause of action court may make such orders as may be just to
may, on motion of a party or on the initiative of the prevent any plaintiff or defendant from being
court, be severed and proceeded with separately. (n) embarrassed or put to expense in connection with
any proceedings in which he may have no interest.
(6n)

Section 7. Compulsory joinder of indispensable

RULE 3
parties. — Parties in interest without whom no final
determination can be had of an action shall be joined
Parties to Civil Actions either as plaintiffs or defendants. (7)

Section 1. Who may be parties; plaintiff and Section 8. Necessary party. — A necessary party is
defendant. — Only natural or juridical persons, or one who is not indispensable but who ought to be
entities authorized by law may be parties in a civil joined as a party if complete relief is to be accorded
action. The term "plaintiff" may refer to the claiming as to those already parties, or for a complete
party, the counter-claimant, the cross-claimant, or the determination or settlement of the claim subject of the
third (fourth, etc.) — party plaintiff. The term action. (8a)
"defendant" may refer to the original defending party,
the defendant in a counter-claim, the cross-
Section 9. Non-joinder of necessary parties to be
defendant, or the third (fourth, etc.) — party
pleaded. — Whenever in any pleading in which a
defendant. (1a)
claim is asserted a necessary party is not joined, the
pleader shall set forth his name, if known, and shall
Section 2. Parties in interest. — A real party in state why he is omitted. Should the court find the
interest is the party who stands to be benefited or reason for the omission unmeritorious, it may order
injured by the judgment in the suit, or the party the inclusion of the omitted necessary party if
entitled to the avails of the suit. Unless otherwise jurisdiction over his person may be obtained.
authorized by law or these Rules, every action must
be prosecuted or defended in the name of the real
party in interest. (2a) The failure to comply with the order for his inclusion,
without justifiable cause, shall be deemed a waiver of
the claim against such party.
Section 3. Representatives as parties. — Where the
action is allowed to be prosecuted and defended by a
representative or someone acting in a fiduciary The non-inclusion of a necessary party does not
prevent the court from proceeding in the action, and
capacity, the beneficiary shall be included in the title
the judgment rendered therein shall be without
of the case and shall be deemed to be the real
prejudice to the rights of such necessary party. (8a,
property in interest. A representative may be a trustee
9a)
of an expert trust, a guardian, an executor or
administrator, or a party authorized by law or these
Rules. An agent acting in his own name and for the Section 10. Unwilling co-plaintiff. — If the consent of
benefit of an undisclosed principal may sue or be any party who should be joined as plaintiff can not be
sued without joining the principal except when the obtained, he may be made a defendant and the
contract involves things belonging to the principal. reason therefor shall be stated in the complaint. (10)
(3a)

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Section 11. Misjoinder and non-joinder of parties. — The court shall forthwith order said legal
Neither misjoinder nor non-joinder of parties is ground representative or representatives to appear and be
for dismissal of an action. Parties may be dropped or substituted within a period of thirty (30) days from
added by order of the court on motion of any party or notice.
on its own initiative at any stage the action and on
such terms as are just. Any claim against a misjoined If no legal representative is named by the counsel for
party may be severed and proceeded with separately. the deceased party, or if the one so named shall fail
(11a) to appear within the specified period, the court may
order the opposing party, within a specified time to
Section 12. Class suit. — When the subject matter of procure the appointment of an executor or
the controversy is one of common or general interest administrator for the estate of the deceased and the
to many persons so numerous that it is impracticable latter shall immediately appear for and on behalf of
to join all as parties, a number of them which the the deceased. The court charges in procuring such
court finds to be sufficiently numerous and appointment, if defrayed by the opposing party, may
representative as to fully protect the interests of all be recovered as costs. (16a, 17a)
concerned may sue or defend for the benefit of all.
Any party in interest shall have the right to intervene Section 17. Death or separation of a party who is a
to protect his individual interest. (12a) public officer. — When a public officer is a party in an
action in his official capacity and during its pendency
Section 13. Alternative defendants. — Where the dies, resigns, or otherwise ceases to hold office, the
plaintiff is uncertain against who of several persons action may be continued and maintained by or
he is entitled to relief, he may join any or all of them against his successor if, within thirty (30) days after
as defendants in the alternative, although a right to the successor takes office or such time as may be
relief against one may be inconsistent with a right of granted by the court, it is satisfactorily shown to the
relief against the other. (13a) court by any party that there is a substantial need for
continuing or maintaining it and that the successor
Section 14. Unknown identity or name of defendant. adopts or continues or threatens to adopt or continue
— Whenever the identity or name of a defendant is to adopt or continue the action of his predecessor.
unknown, he may be sued as the unknown owner Before a substitution is made, the party or officer to
heir devisee, or by such other designation as the be affected, unless expressly assenting thereto, shall
case may require, when his identity or true name is be given reasonable notice of the application therefor
discovered, the pleading must be amended and accorded an opportunity to be heard. (18a)
accordingly. (14)
Section 18. Incompetency or incapacity. — If a party
Section 15. Entity without juridical personality as becomes incompetent or incapacitated, the court,
defendant. — When two or more persons not upon motion with notice, may allow the action to be
organized as an entity with juridical personality enter continued by or against the incompetent or
into a transaction, they may be sued under the name incapacitated person assisted by his legal guardian or
by which they are generally or commonly known. guardian ad litem. (19a)

In the answer of such defendant, the name and Section 19. Transfer of interest. — In case of any
addresses of the persons composing said entity must transfer of interest, the action may be continued by or
all be revealed. (15a) against the original party, unless the court upon
motion directs the person to whom the interest is
Section 16. Death of party; duty of counsel. — transferred to be substituted in the action or joined
with the original party. (20)
Whenever a party to a pending action dies, and the
claim is not thereby extinguished, it shall be the duty
of his counsel to inform the court within thirty (30) Section 20. Action and contractual money claims. —
days after such death of the fact thereof, and to give When the action is for recovery of money arising from
the name and address of his legal representative or contract, express or implied, and the defendant dies
representatives. Failure of counsel to comply with his before entry of final judgment in the court in which the
duty shall be a ground for disciplinary action. action was pending at the time of such death, it shall
not be dismissed but shall instead be allowed to
continue until entry of final judgment. A favorable
The heirs of the deceased may be allowed to be
judgment obtained by the plaintiff therein shall be
substituted for the deceased, without requiring the
enforced in the manner especially provided in these
appointment of an executor or administrator and the
court may appoint a guardian ad litem for the minor Rules for prosecuting claims against the estate of a
heirs. deceased person. (21a)

Section 21. Indigent party. — A party may be

authorized to litigate his action, claim or defense as

3
 an indigent if the court, upon an ex parte application defendant where he may be found, at the election of
and hearing, is satisfied that the party is one who has the plaintiff. (2[b]a)
no money or property sufficient and available for food,
shelter and basic necessities for himself and his Section 3. Venue of actions against nonresidents. —
family. If any of the defendants does not reside and is not
found in the Philippines, and the action affects the
Such authority shall include an exemption from personal status of the plaintiff, or any property of said
payment of docket and other lawful fees, and of defendant located in the Philippines, the action may
transcripts of stenographic notes which the court may be commenced and tried in the court of the place
order to be furnished him. The amount of the docket where the plaintiff resides, or where the property or
and other lawful fees which the indigent was any portion thereof is situated or found. (2[c]a)
exempted from paying shall be a lien on any
judgment rendered in the case favorable to the Section 4. When Rule not applicable. — This Rule
indigent, unless the court otherwise provides. shall not apply.

Any adverse party may contest the grant of such (a) In those cases where a specific rule or
authority at any time before judgment is rendered by law provides otherwise; or
the trial court. If the court should determine after
hearing that the party declared as an indigent is in
(b) Where the parties have validly agreed in
fact a person with sufficient income or property, the writing before the filing of the action on the
proper docket and other lawful fees shall be assessed exclusive venue thereof. (3a, 5a)
and collected by the clerk of court. If payment is not
made within the time fixed by the court, execution
shall issue or the payment thereof, without prejudice
to such other sanctions as the court may impose.
(22a) RULE 5

Section 22. Notice to the Solicitor General. — In any Uniform Procedure In Trial Courts
action involving the validity of any treaty, law,
ordinance, executive order, presidential decree, rules Section 1. Uniform procedure. — The procedure in
or regulations, the court, in its discretion, may require the Municipal Trial Courts shall be the same as in the
the appearance of the Solicitor General who may be Regional Trial Courts, except (a) where a particular
heard in person or a representative duly designated provision expressly or impliedly applies only to either
by him. (23a) of said courts, or (b) in civil cases governed by the
Rule on Summary Procedure. (n)

Section 2. Meaning of terms. — The term "Municipal

Trial Courts" as used in these Rules shall include
Metropolitan Trial Courts, Municipal Trial Courts in
RULE 4 Cities, Municipal Trial Courts, and Municipal Circuit
Trial Courts. (1a)
Venue of Actions

Section 1. Venue of real actions. — Actions affecting

title to or possession of real property, or interest Procedure In Regional Trial Courts
therein, shall be commenced and tried in the proper
court which has jurisdiction over the area wherein the
real property involved, or a portion thereof, is
situated. RULE 6

Forcible entry and detainer actions shall be Kinds Of Pleadings

commenced and tried in the municipal trial court of
the municipality or city wherein the real property Section 1. Pleadings defined. — Pleadings are the
involved, or a portion thereof, is situated. (1[a], 2[a]a) written statements of the respective claims and
defenses of the parties submitted to the court for
Section 2. Venue of personal actions. — All other appropriate judgment. (1a)
actions may be commenced and tried where the
plaintiff or any of the principal plaintiffs resides, or Section 2. Pleadings allowed. — The claims of a
where the defendant or any of the principal party are asserted in a complaint, counterclaim,
defendants resides, or in the case of a non-resident

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 cross-claim, third (fourth, etc.)-party complaint, or liable to the cross-claimant for all or part of a claim
complaint-in-intervention. asserted in the action against the cross-claimant. (7)

The defenses of a party are alleged in the answer to Section 9. Counter-counterclaims and counter-
the pleading asserting a claim against him. crossclaims. — A counter-claim may be asserted
against an original counter-claimant.
An answer may be responded to by a reply. (n)
A cross-claim may also be filed against an original
Section 3. Complaint. — The complaint is the cross-claimant. (n)
pleading alleging the plaintiff's cause or causes of
action. The names and residences of the plaintiff and Section 10. Reply. — A reply is a pleading, the office
defendant must be stated in the complaint. (3a) or function of which is to deny, or allege facts in
denial or avoidance of new matters alleged by way of
Section 4. Answer. — An answer is a pleading in defense in the answer and thereby join or make issue
which a defending party sets forth his defenses. (4a) as to such new matters. If a party does not file such
reply, all the new matters alleged in the answer are
Section 5. Defenses. — Defenses may either be deemed controverted.
negative or affirmative.
If the plaintiff wishes to interpose any claims arising
out of the new matters so alleged, such claims shall
(a) A negative defense is the specific denial
be set forth in an amended or supplemental
of the material fact or facts alleged in the
complaint. (11)
pleading of the claimant essential to his
cause or causes of action.
Section 11. Third, (fourth, etc.)—party complaint. —
A third (fourth, etc.) — party complaint is a claim that
(b) An affirmative defense is an allegation of
a defending party may, with leave of court, file against
a new matter which, while hypothetically
a person not a party to the action, called the third
admitting the material allegations in the
(fourth, etc.) — party defendant for contribution,
pleading of the claimant, would nevertheless
prevent or bar recovery by him. The indemnity, subrogation or any other relief, in respect
of his opponent's claim. (12a)
affirmative defenses include fraud, statute of
limitations, release, payment, illegality,
statute of frauds, estoppel, former recovery, Section 12. Bringing new parties. — When the
discharge in bankruptcy, and any other presence of parties other than those to the original
matter by way of confession and avoidance. action is required for the granting of complete relief in
(5a) the determination of a counterclaim or cross-claim,
the court shall order them to be brought in as
Section 6. Counterclaim. — A counterclaim is any defendants, if jurisdiction over them can be obtained.
(14)
claim which a defending party may have against an
opposing party. (6a)
Section 13. Answer to third (fourth, etc.)—party
complaint. — A third (fourth, etc.) — party defendant
Section 7. Compulsory counterclaim. — A
may allege in his answer his defenses, counterclaims
compulsory counterclaim is one which, being
or cross-claims, including such defenses that the third
cognizable by the regular courts of justice, arises out
of or is connected with the transaction or occurrence (fourth, etc.) — party plaintiff may have against the
constituting the subject matter of the opposing party's original plaintiff's claim. In proper cases, he may also
assert a counterclaim against the original plaintiff in
claim and does not require for its adjudication the
respect of the latter's claim against the third-party
presence of third parties of whom the court cannot
plaintiff. (n)
acquire jurisdiction. Such a counterclaim must be
within the jurisdiction of the court both as to the
amount and the nature thereof, except that in an
original action before the Regional Trial Court, the
counter-claim may be considered compulsory RULE 7
regardless of the amount. (n)
Parts of a Pleading
Section 8. Cross-claim. — A cross-claim is any claim
by one party against a co-party arising out of the Section 1. Caption. — The caption sets forth the
transaction or occurrence that is the subject matter name of the court, the title of the action, and the
either of the original action or of a counterclaim docket number if assigned.
therein. Such cross-claim may include a claim that
the party against whom it is asserted is or may be

5
 The title of the action indicates the names of the An unsigned pleading produces no legal effect.
parties. They shall all be named in the original However, the court may, in its discretion, allow such
complaint or petition; but in subsequent pleadings, it deficiency to be remedied if it shall appear that the
shall be sufficient if the name of the first party on same was due to mere inadvertence and not intended
each side be stated with an appropriate indication for delay. Counsel who deliberately files an unsigned
when there are other parties. pleading, or signs a pleading in violation of this Rule,
or alleges scandalous or indecent matter therein, or
Their respective participation in the case shall be fails promptly report to the court a change of his
indicated. (1a, 2a) address, shall be subject to appropriate disciplinary
action. (5a)
Section 2. The body. — The body of the pleading
sets fourth its designation, the allegations of the Section 4. Verification. — Except when otherwise
party's claims or defenses, the relief prayed for, and specifically required by law or rule, pleadings need
the date of the pleading. (n) not be under oath, verified or accompanied by
affidavit .(5a)
(a) Paragraphs. — The allegations in the
body of a pleading shall be divided into A pleading is verified by an affidavit that the affiant
paragraphs so numbered to be readily has read the pleading and that the allegations therein
identified, each of which shall contain a are true and correct of his knowledge and belief.
statement of a single set of circumstances so
far as that can be done with convenience. A A pleading required to be verified which contains a
paragraph may be referred to by its number verification based on "information and belief", or upon
in all succeeding pleadings. (3a) "knowledge, information and belief", or lacks a proper
verification, shall be treated as an unsigned pleading.
(b) Headings. — When two or more causes (6a)
of action are joined the statement of the first
shall be prefaced by the words "first cause of Section 5. Certification against forum shopping. —
action,'' of the second by "second cause of The plaintiff or principal party shall certify under oath
action", and so on for the others. in the complaint or other initiatory pleading asserting
a claim for relief, or in a sworn certification annexed
When one or more paragraphs in the answer thereto and simultaneously filed therewith: (a) that he
are addressed to one of several causes of has not theretofore commenced any action or filed
action in the complaint, they shall be any claim involving the same issues in any court,
prefaced by the words "answer to the first tribunal or quasi-judicial agency and, to the best of his
cause of action" or "answer to the second knowledge, no such other action or claim is pending
cause of action" and so on; and when one or therein; (b) if there is such other pending action or
more paragraphs of the answer are claim, a complete statement of the present status
addressed to several causes of action, they thereof; and (c) if he should thereafter learn that the
shall be prefaced by words to that effect. (4) same or similar action or claim has been filed or is
pending, he shall report that fact within five (5) days
(c) Relief. — The pleading shall specify the therefrom to the court wherein his aforesaid complaint
relief sought, but it may add a general prayer or initiatory pleading has been filed.
for such further or other relief as may be
deemed just or equitable. (3a, R6) Failure to comply with the foregoing requirements
shall not be curable by mere amendment of the
(d) Date. — Every pleading shall be dated. complaint or other initiatory pleading but shall be
cause for the dismissal of the case without prejudice,
(n)
unless otherwise provided, upon motion and after
hearing. The submission of a false certification or
Section 3. Signature and address. — Every pleading non-compliance with any of the undertakings therein
must be signed by the party or counsel representing shall constitute indirect contempt of court, without
him, stating in either case his address which should prejudice to the corresponding administrative and
not be a post office box. criminal actions. If the acts of the party or his counsel
clearly constitute willful and deliberate forum
The signature of counsel constitutes a certificate by shopping, the same shall be ground for summary
him that he has read the pleading; that to the best of dismissal with prejudice and shall constitute direct
his knowledge, information, and belief there is good contempt, as well as a cause for administrative
ground to support it; and that it is not interposed for sanctions. (n)
delay.

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 RULE 8 attached to the pleading as an exhibit, which shall be
deemed to be a part of the pleading, or said copy
Manner of Making Allegations in Pleadings may with like effect be set forth in the pleading. (7)

Section 1. In general. — Every pleading shall contain Section 8. How to contest such documents. — When
in a methodical and logical form, a plain, concise and an action or defense is founded upon a written
direct statement of the ultimate facts on which the instrument, copied in or attached to the
party pleading relies for his claim or defense, as the corresponding pleading as provided in the preceding
case may be, omitting the statement of mere section, the genuineness and due execution of the
evidentiary facts. (1) instrument shall be deemed admitted unless the
adverse party, under oath specifically denies them,
and sets forth what he claims to be the facts, but the
If a defense relied on is based on law, the pertinent
requirement of an oath does not apply when the
provisions thereof and their applicability to him shall
adverse party does not appear to be a party to the
be clearly and concisely stated. (n)
instrument or when compliance with an order for an
inspection of the original instrument is refused. (8a)
Section 2. Alternative causes of action or defenses.
— A party may set forth two or more statements of a
Section 9. Official document or act. — In pleading an
claim or defense alternatively or hypothetically, either
official document or official act, it is sufficient to aver
in one cause of action or defense or in separate
causes of action or defenses. When two or more that the document was issued or the act done in
statements are made in the alternative and one of compliance with law. (9)
them if made independently would be sufficient, the
pleading is not made insufficient by the insufficiency Section 10. Specific denial. — A defendant must
of one or more of the alternative statements. (2) specify each material allegation of fact the truth of
which he does not admit and, whenever practicable,
Section 3. Conditions precedent. — In any pleading shall set forth the substance of the matters upon
which he relies to support his denial. Where a
a general averment of the performance or occurrence
defendant desires to deny only a part of an averment,
of all conditions precedent shall be sufficient. (3)
he shall specify so much of it as is true and material
and shall deny only the remainder. Where a
Section 4. Capacity. — Facts showing the capacity of defendant is without knowledge or information
a party to sue or be sued or the authority of a party to sufficient to form a belief as to the truth of a material
sue or be sued in a representative capacity or the averment made to the complaint, he shall so state,
legal existence of an organized association of person and this shall have the effect of a denial. (10a)
that is made a party, must be averred. A party
desiring to raise an issue as to the legal existence of
Section 11. Allegations not specifically denied
any party or the capacity of any party to sue or be
deemed admitted. — Material averment in the
sued in a representative capacity, shall do so by
complaint, other than those as to the amount of
specific denial, which shall include such supporting
unliquidated damages, shall be deemed admitted
particulars as are peculiarly within the pleader's
when not specifically denied. Allegations of usury in a
knowledge. (4)
complaint to recover usurious interest are deemed
admitted if not denied under oath. (1a, R9)
Section 5. Fraud, mistake, condition of the mind. —
In all averments of fraud or mistake the
Section 12. Striking out of pleading or matter
circumstances constituting fraud or mistake must be
contained therein. — Upon motion made by a party
stated with particularity. Malice, intent, knowledge, or
other condition of the mind of a person may be before responding to a pleading or, if no responsive
pleading is permitted by these Rules, upon motion
averred generally.(5a)
made by a party within twenty (20) days after the
service of the pleading upon him, or upon the court's
Section 6. Judgment. — In pleading a judgment or own initiative at any time, the court may order any
decision of a domestic or foreign court, judicial or pleading to be stricken out or that any sham or false,
quasi-judicial tribunal, or of a board or officer, it is redundant, immaterial, impertinent, or scandalous
sufficient to aver the judgment or decision without matter be stricken out therefrom. (5, R9)
setting forth matter showing jurisdiction to render it.
(6)

Section 7. Action or defense based on document. —

RULE 9
Whenever an action or defense is based upon a
written instrument or document, the substance of
such instrument or document shall be set forth in the Effect of Failure to Plead
pleading, and the original or a copy thereof shall be

7
 Section 1. Defenses and objections not pleaded. — (e) Where no defaults allowed. — If the
Defenses and objections not pleaded either in a defending party in an action for annulment or
motion to dismiss or in the answer are deemed declaration of nullity of marriage or for legal
waived. However, when it appears from the pleadings separation fails to answer, the court shall
or the evidence on record that the court has no order the prosecuting attorney to investigate
jurisdiction over the subject matter, that there is whether or not a collusion between the
another action pending between the same parties for parties exists, and if there is no collusion, to
the same cause, or that the action is barred by a prior intervene for the State in order to see to it
judgment or by statute of limitations, the court shall that the evidence submitted is not fabricated.
dismiss the claim. (2a) (6a, R18)

Section 2. Compulsory counterclaim, or cross-

claim, not set up barred. — A compulsory
counterclaim, or a cross-claim, not set up shall be RULE 10
barred. (4a)
Amended and Supplemental Pleadings
Section 3. Default; declaration of. — If the defending
party fails to answer within the time allowed therefor, Section 1. Amendments in general. — Pleadings
the court shall, upon motion of the claiming party with
may be amended by adding or striking out an
notice to the defending party, and proof of such allegation or the name of any party, or by correcting a
failure, declare the defending party in default. mistake in the name of a party or a mistaken or
Thereupon, the court shall proceed to render
inadequate allegation or description in any other
judgment granting the claimant such relief as his
respect, so that the actual merits of the controversy
pleading may warrant, unless the court in its
may speedily be determined, without regard to
discretion requires the claimant to submit evidence.
technicalities, and in the most expeditious and
Such reception of evidence may be delegated to the inexpensive manner. (1)
clerk of court. (1a, R18)
Section 2. Amendments as a matter of right. — A
(a) Effect of order of default. — A party in
party may amend his pleading once as a matter of
default shall be entitled to notice of right at any time before a responsive pleading is
subsequent proceedings but not to take part served or, in the case of a reply, at any time within
in the trial. (2a, R18)
ten (10) days after it is served. (2a)

(b) Relief from order of default. — A party

Section 3. Amendments by leave of court. — Except
declared in default may at any time after as provided in the next preceding section, substantial
notice thereof and before judgment file a amendments may be made only upon leave of court.
motion under oath to set aside the order of
But such leave may be refused if it appears to the
default upon proper showing that his failure to
court that the motion was made with intent to delay.
answer was due to fraud, accident, mistake
Orders of the court upon the matters provided in this
or excusable negligence and that he has a
section shall be made upon motion filed in court, and
meritorious defense. In such case, the order after notice to the adverse party, and an opportunity
of default may be set aside on such terms to be heard. (3a)
and conditions as the judge may impose in
the interest of justice. (3a, R18)
Section 4. Formal amendments. — A defect in the
designation of the parties and other clearly clerical or
(c) Effect of partial default. — When a
typographical errors may be summarily corrected by
pleading asserting a claim states a common
the court at any stage of the action, at its initiative or
cause of action against several defending
on motion, provided no prejudice is caused thereby to
parties, some of whom answer and the others
the adverse party. (4a)
fail to do so, the court shall try the case
against all upon the answers thus filed and
render judgment upon the evidence Section 5. Amendment to conform to or authorize
presented. (4a, R18). presentation of evidence. — When issues not raised
by the pleadings are tried with the express or implied
consent of the parties they shall be treated in all
(d) Extent of relief to be awarded. — A
respects as if they had been raised in the pleadings.
judgment rendered against a party in default Such amendment of the pleadings as may be
shall not exceed the amount or be different in necessary to cause them to conform to the evidence
kind from that prayed for nor award
and to raise these issues may be made upon motion
unliquidated damages. (5a, R18).
of any party at any time, even after judgment; but
failure to amend does not effect the result of the trial

8
 of these issues. If evidence is objected to at the trial answer earlier filed may serve as the answer to the
on the ground that it is not within the issues made by amended complaint if no new answer is filed.
the pleadings, the court may allow the pleadings to be
amended and shall do so with liberality if the This Rule shall apply to the answer to an amended
presentation of the merits of the action and the ends counterclaim, amended cross-claim, amended third
of substantial justice will be subserved thereby. The (fourth, etc.)—party complaint, and amended
court may grant a continuance to enable the complaint-in-intervention. (3a)
amendment to be made. (5a)
Section 4. Answer to counterclaim or cross-claim. —
Section 6. Supplemental pleadings. — Upon motion A counterclaim or cross-claim must be answered
of a party the court may, upon reasonable notice and within ten (10) days from service. (4)
upon such terms as are just, permit him to serve a
supplemental pleading setting forth transactions, Section 5. Answer to third (fourth, etc.)-party
occurrences or events which have happened since complaint. — The time to answer a third (fourth,
the date of the pleading sought to be supplemented. etc.)—party complaint shall be governed by the same
The adverse party may plead thereto within ten (10) rule as the answer to the complaint. (5a)
days from notice of the order admitting the
supplemental pleading. (6a)
Section 6. Reply. — A reply may be filed within ten
(10) days from service of the pleading responded to.
Section 7. Filing of amended pleadings. — When any
(6)
pleading is amended, a new copy of the entire
pleading, incorporating the amendments, which shall
be indicated by appropriate marks, shall be filed. (7a) Section 7. Answer to supplemental complain. — A
supplemental complaint may be answered within ten
(10) days from notice of the order admitting the same,
Section 8. Effect of amended pleadings. — An
unless a different period is fixed by the court. The
amended pleading supersedes the pleading that it
answer to the complaint shall serve as the answer to
amends. However, admissions in superseded
the supplemental complaint if no new or supplemental
pleadings may be received in evidence against the
answer is filed. (n)
pleader, and claims or defenses alleged therein not
incorporated in the amended pleading shall be
deemed waived. (n) Section 8. Existing counterclaim or cross-claim. — A
compulsory counterclaim or a cross-claim that a
defending party has at the time he files his answer
shall be contained therein. (8a, R6)

RULE 11 Section 9. Counterclaim or cross-claim arising after

answer. — A counterclaim or a cross-claim which
When to File Responsive Pleadings either matured or was acquired by a party after
serving his pleading may, with the permission of the
Section 1. Answer to the complaint. — The court, be presented as a counterclaim or a cross-
defendant shall file his answer to the complaint within claim by supplemental pleading before judgment. (9,
fifteen (15) days after service of summons, unless a R6)
different period is fixed by the court. (la)
Section 10. Omitted counterclaim or cross-claim. —
Section 2. Answer of a defendant foreign private When a pleader fails to set up a counterclaim or a
juridical entity. — Where the defendant is a foreign cross-claim through oversight, inadvertence, or
private juridical entity and service of summons is excusable neglect, or when justice requires, he may,
made on the government official designated by law to by leave of court, set up the counterclaim or cross-
receive the same, the answer shall be filed within claim by amendment before judgment. (3, R9)
thirty (30) days after receipt of summons by such
entity. (2a) Section 11. Extension of time to plead. — Upon
motion and on such terms as may be just, the court
Section 3. Answer to amended complaint. — When may extend the time to plead provided in these Rules.
the plaintiff files an amended complaint as a matter of
right, the defendant shall answer the same within The court may also, upon like terms, allow an answer
fifteen (15) days after being served with a copy or other pleading to be filed after the time fixed by
thereof. these Rules. (7)

Where its filing is not a matter of right, the defendant

shall answer the amended complaint within ten (l0)
days from notice of the order admitting the same. An

9
 RULE 12 Section 2. Filing and service, defined. — Filing is the
act of presenting the pleading or other paper to the
Bill of Particulars clerk of court.

Section 1. When applied for; purpose. — Before Service is the act of providing a party with a copy of
responding to a pleading, a party may move for a the pleading or paper concerned. If any party has
definite statement or for a bill of particulars of any appeared by counsel, service upon him shall be
matter which is not averted with sufficient definiteness made upon his counsel or one of them, unless
or particularity to enable him properly to prepare his service upon the party himself is ordered by the court.
responsive pleading. If the pleading is a reply, the Where one counsel appears for several parties, he
motion must be filed within ten (10) days from service shall only be entitled to one copy of any paper served
thereof. Such motion shall point out the defects upon him by the opposite side. (2a)
complained of, the paragraphs wherein they are
contained, and the details desired. (1a) Section 3. Manner of filing. — The filing of pleadings,
appearances, motions, notices, orders, judgments
Section 2. Action by the court. — Upon the filing of and all other papers shall be made by presenting the
the motion, the clerk of court must immediately bring original copies thereof, plainly indicated as such,
it to the attention of the court which may either deny personally to the clerk of court or by sending them by
or grant it outright, or allow the parties the opportunity registered mail. In the first case, the clerk of court
to be heard. (n) shall endorse on the pleading the date and hour of
filing. In the second case, the date of the mailing of
Section 3. Compliance with order. — If the motion is motions, pleadings, or any other papers or payments
or deposits, as shown by the post office stamp on the
granted, either in whole or in part, the compliance
envelope or the registry receipt, shall be considered
therewith must be effected within ten (10) days from
as the date of their filing, payment, or deposit in court.
notice of the order, unless a different period is fixed
by the court. The bill of particulars or a more definite The envelope shall be attached to the record of the
case. (1a)
statement ordered by the court may be filed either in
a separate or in an amended pleading, serving a copy
thereof on the adverse party. (n) Section 4. Papers required to be filed and served. —
Every judgment, resolution, order, pleading
Section 4. Effect of non-compliance. — If the order is subsequent to the complaint, written motion, notice,
appearance, demand, offer of judgment or similar
not obeyed, or in case of insufficient compliance
papers shall be filed with the court, and served upon
therewith, the court may order the striking out of the
the parties affected. (2a)
pleading or the portions thereof to which the order
was directed or make such other order as it deems
just. (1[c]a) Section 5. Modes of service. — Service of pleadings
motions, notices, orders, judgments and other papers
Section 5. Stay of period to file responsive pleading. shall be made either personally or by mail. (3a)
— After service of the bill of particulars or of a more
definite pleading, or after notice of denial of his Section 6. Personal service. — Service of the papers
motion, the moving party may file his responsive may be made by delivering personally a copy to the
pleading within the period to which he was entitled at party or his counsel, or by leaving it in his office with
the time of filing his motion, which shall not be less his clerk or with a person having charge thereof. If no
than five (5) days in any event. (1[b]a) person is found in his office, or his office is not
known, or he has no office, then by leaving the copy,
Section 6. Bill a part of pleading. — A bill of between the hours of eight in the morning and six in
the evening, at the party's or counsel's residence, if
particulars becomes part of the pleading for which it is
known, with a person of sufficient age and discretion
intended. (1[a]a)
then residing therein. (4a)

Section 7. Service by mail. — Service by registered

mail shall be made by depositing the copy in the post
RULE 13 office in a sealed envelope, plainly addressed to the
party or his counsel at his office, if known, otherwise
Filing and Service of Pleadings, Judgments and at his residence, if known, with postage fully prepaid,
Other Papers and with instructions to the postmaster to return the
mail to the sender after ten (10) days if undelivered. If
Section 1. Coverage. — This Rule shall govern the no registry service is available in the locality of either
filing of all pleadings and other papers, as well as the the senders or the addressee, service may be done
service thereof, except those for which a different by ordinary mail. (5a; Bar Matter No. 803, 17
mode of service is prescribed. (n) February 1998)

10
 Section 8. Substituted service. — If service of made by such affidavit and the registry receipt issued
pleadings, motions, notices, resolutions, orders and by the mailing office. The registry return card shall be
other papers cannot be made under the two filed immediately upon its receipt by the sender, or in
preceding sections, the office and place of residence lieu thereof the unclaimed letter together with the
of the party or his counsel being unknown, service certified or sworn copy of the notice given by the
may be made by delivering the copy to the clerk of postmaster to the addressee. (10a)
court, with proof of failure of both personal service
and service by mail. The service is complete at the Section 14. Notice of lis pendens. — In an action
time of such delivery. (6a) affecting the title or the right of possession of real
property, the plaintiff and the defendant, when
Section 9. Service of judgments, final orders, or affirmative relief is claimed in his answer, may record
resolutions. — Judgments, final orders or resolutions in the office of the registry of deeds of the province in
shall be served either personally or by registered which the property is situated notice of the pendency
mail. When a party summoned by publication has of the action. Said notice shall contain the names of
failed to appear in the action, judgments, final orders the parties and the object of the action or defense,
or resolutions against him shall be served upon him and a description of the property in that province
also by publication at the expense of the prevailing affected thereby. Only from the time of filing such
party. (7a) notice for record shall a purchaser, or encumbrancer
of the property affected thereby, be deemed to have
Section 10. Completeness of service. — Personal constructive notice of the pendency of the action, and
service is complete upon actual delivery. Service by only of its pendency against the parties designated by
ordinary mail is complete upon the expiration of ten their real names.
(10) days after mailing, unless the court otherwise
provides. Service by registered mail is complete upon The notice of lis pendens hereinabove mentioned
actual receipt by the addressee, or after five (5) days may be cancelled only upon order of the court, after
from the date he received the first notice of the proper showing that the notice is for the purpose of
postmaster, whichever date is earlier. (8a) molesting the adverse party, or that it is not
necessary to protect the rights of the rights of the
Section 11. Priorities in modes of service and filing. party who caused it to be recorded. (24a, R-14)
— Whenever practicable, the service and filing of
pleadings and other papers shall be done personally.
Except with respect to papers emanating from the
court, a resort to other modes must be accompanied RULE 14
by a written explanation why the service or filing was
not done personally. A violation of this Rule may be Summons
cause to consider the paper as not filed. (n)
Section 1. Clerk to issue summons. — Upon the
Section 12. Proof of filing. — The filing of a pleading
filing of the complaint and the payment of the
or paper shall be proved by its existence in the record
requisite legal fees, the clerk of court shall forthwith
of the case. If it is not in the record, but is claimed to
issue the corresponding summons to the defendants.
have been filed personally, the filing shall be proved (1a)
by the written or stamped acknowledgment of its filing
by the clerk of court on a copy of the same; if filed by
registered mail, by the registry receipt and by the Section 2. Contents. — The summons shall be
affidavit of the person who did the mailing, containing directed to the defendant, signed by the clerk of court
a full statement of the date and place of depositing under seal and contain (a) the name of the court and
the mail in the post office in a sealed envelope the names of the parties to the action; (b) a direction
addressed to the court, with postage fully prepaid, that the defendant answer within the time fixed by
and with instructions to the postmaster to return the these Rules; (c) a notice that unless the defendant so
mail to the sender after ten (10) days if not delivered. answers plaintiff will take judgment by default and
(n) may be granted the relief applied for.

Section 13. Proof of Service. — Proof of personal A copy of the complaint and order for appointment of
service shall consist of a written admission of the guardian ad litem if any, shall be attached to the
party served, or the official return of the server, or the original and each copy of the summons. (3a)
affidavit of the party serving, containing a full
statement of the date, place and manner of service. If Section 3. By whom served. — The summons may
the service is by ordinary mail, proof thereof shall be served by the sheriff, his deputy, or other proper
consist of an affidavit of the person mailing of facts court officer, or for justifiable reasons by any suitable
showing compliance with section 7 of this Rule. If person authorized by the court issuing the summons.
service is made by registered mail, proof shall be (5a)

11
 Section 4. Return. — When the service has been Section 11. Service upon domestic private juridical
completed, the server shall, within five (5) days entity. — When the defendant is a corporation,
therefrom, serve a copy of the return, personally or by partnership or association organized under the laws
registered mail, to the plaintiff's counsel, and shall of the Philippines with a juridical personality, service
return the summons to the clerk, who issued it, may be made on the president, managing partner,
accompanied by proof of service. (6a) general manager, corporate secretary, treasurer, or
in-house counsel. (13a)
Section 5. Issuance of alias summons. — If a
summons is returned without being served on any or Section 12. Service upon foreign private juridical
all of the defendants, the server shall also serve a entities. — When the defendant is a foreign private
copy of the return on the plaintiff's counsel, stating juridical entity which has transacted business in the
the reasons for the failure of service, within five (5) Philippines, service may be made on its resident
days therefrom. In such a case, or if the summons agent designated in accordance with law for that
has been lost, the clerk, on demand of the plaintiff, purpose, or, if there be no such agent, on the
may issue an alias summons. (4a) government official designated by law to that effect,
or on any of its officers or agents within the
Section 6. Service in person on defendant. — Philippines. (14a)
Whenever practicable, the summons shall be served
by handling a copy thereof to the defendant in Section 13. Service upon public corporations. —
person, or, if he refuses to receive and sign for it, by When the defendant is the Republic of the
tendering it to him. (7a) Philippines, service may be effected on the Solicitor
General; in case of a province, city or municipality, or
Section 7. Substituted service. — If, for justifiable like public corporations, service may be effected on
causes, the defendant cannot be served within a its executive head, or on such other officer or officers
reasonable time as provided in the preceding section, as the law or the court may direct. (15)
service may be effected (a) by leaving copies of the
summons at the defendant's residence with some Section 14. Service upon defendant whose identity
person of suitable age and discretion then residing or whereabouts are unknown. — In any action where
therein, or (b) by leaving the copies at defendant's the defendant is designated as an unknown owner, or
office or regular place of business with some the like, or whenever his whereabouts are unknown
competent person in charge thereof. (8a) and cannot be ascertained by diligent inquiry, service
may, by leave of court, be effected upon him by
Section 8. Service upon entity without juridical publication in a newspaper of general circulation and
personality. — When persons associated in an entity in such places and for such time as the court may
without juridical personality are sued under the name order. (16a)
by which they are generally or commonly known,
service may be effected upon all the defendants by Section 15. Extraterritorial service. — When the
serving upon any one of them, or upon the person in defendant does not reside and is not found in the
charge of the office or place of business maintained Philippines, and the action affects the personal status
in such name. But such service shall not bind of the plaintiff or relates to, or the subject of which is,
individually any person whose connection with the property within the Philippines, in which the defendant
entity has, upon due notice, been severed before the has or claims a lien or interest, actual or contingent,
action was brought. (9a) or in which the relief demanded consists, wholly or in
part, in excluding the defendant from any interest
Section 9. Service upon prisoners. — When the therein, or the property of the defendant has been
defendant is a prisoner confined in a jail or institution, attached within the Philippines, service may, by leave
service shall be effected upon him by the officer of court, be effected out of the Philippines by personal
having the management of such jail or institution who service as under section 6; or by publication in a
is deemed deputized as a special sheriff for said newspaper of general circulation in such places and
purpose. (12a) for such time as the court may order, in which case a
copy of the summons and order of the court shall be
Section 10. Service upon minors and incompetents. sent by registered mail to the last known address of
— When the defendant is a minor, insane or the defendant, or in any other manner the court may
deem sufficient. Any order granting such leave shall
otherwise an incompetent, service shall be made
specify a reasonable time, which shall not be less
upon him personally and on his legal guardian if he
has one, or if none his guardian ad litemwhose than sixty (60) days after notice, within which the
defendant must answer. (17a)
appointment shall be applied for by the plaintiff. In the
case of a minor, service may also be made on his
father or mother. (l0a, 11a) Section 16. Residents temporarily out of the
Philippines. — When any action is commenced
against a defendant who ordinarily resides within the

12
 Philippines, but who is temporarily out of it, service rights of the adverse party, every written motion shall
may, by leave of court, be also effected out of the be set for hearing by the applicant.
Philippines, as under the preceding section. (18a)
Every written motion required to be heard and the
Section 17. Leave of court. — Any application to the notice of the hearing thereof shall be served in such a
court under this Rule for leave to effect service in any manner as to ensure its receipt by the other party at
manner for which leave of court is necessary shall be least three (3) days before the date of hearing, unless
made by motion in writing, supported by affidavit of the court for good cause sets the hearing on shorter
the plaintiff or some person on his behalf, setting forth notice. (4a)
the grounds for the application. (19)
Section 5. Notice of hearing. — The notice of hearing
Section 18. Proof of service. — The proof of service shall be addressed to all parties concerned, and shall
of a summons shall be made in writing by the server specify the time and date of the hearing which must
and shall set forth the manner, place, and date of not be later than ten (10) days after the filing of the
service; shall specify any papers which have been motion. (5a)
served with the process and the name of the person
who received the same; and shall be sworn to when Section 6. Proof of service necessary. — No written
made by a person other than a sheriff or his deputy. motion set for hearing shall be acted upon by the
(20) court without proof of service thereof. (6a)

Section 19. Proof of service by publication. — If the Section 7. Motion day. — Except for motions
service has been made by publication, service may requiring immediate action, all motions shall be
be proved by the affidavit of the printer, his foreman scheduled for hearing on Friday afternoons, or if
or principal clerk, or of the editor, business or Friday is a non-working day, in the afternoon of the
advertising manager, to which affidavit a copy of the next working day. (7a)
publication shall be attached and by an affidavit
showing the deposit of a copy of the summons and Section 8. Omnibus motion. — Subject to the
order for publication in the post office, postage
provisions of section 1 of Rule 9, a motion attacking a
prepaid, directed to the defendant by registered mail
pleading, order, judgment, or proceeding shall include
to his last known address. (21) all objections then available, and all objections not so
included shall be deemed waived. (8a)
Section 20. Voluntary appearance. — The
defendant's voluntary appearance in the action shall Section 9. Motion for leave. — A motion for leave to
be equivalent to service of summons. The inclusion in
file a pleading or motion shall be accompanied by the
a motion to dismiss of other grounds aside from lack pleading or motion sought to be admitted. (n)
of jurisdiction over the person of the defendant shall
not be deemed a voluntary appearance. (23a)
Section 10. Form. — The Rules applicable to
pleadings shall apply to written motions so far as
concerns caption, designation, signature, and other
matters of form. (9a)
RULE 15

Motions
RULE 16
Section 1. Motion defined. — A motion is an
application for relief other than by a pleading. (1a) Motion to Dismiss

Section 2. Motions must be in writings. — All motions Section 1. Grounds. — Within the time for but before
shall be in writing except those made in open court or filing the answer to the complaint or pleading
in the course of a hearing or trial. (2a)
asserting a claim, a motion to dismiss may be made
on any of the following grounds:
Section 3. Contents. — A motion shall state the relief
sought to be obtained and the grounds upon which it (a) That the court has no jurisdiction over the
is based, and if required by these Rules or necessary
person of the defending party;
to prove facts alleged therein, shall be accompanied
by supporting affidavits and other papers. (3a)
(b) That the court has no jurisdiction over the
subject matter of the claim;
Section 4. Hearing of motion. — Except for motions
which the court may act upon without prejudicing the
(c) That venue is improperly laid;

13
 (d) That the plaintiff has no legal capacity to hereof shall bar the refiling of the same action or
sue; claim. (n)

(e) That there is another action pending Section 6. Pleading grounds as affirmative defenses.
between the same parties for the same — If no motion to dismiss has been filed, any of the
cause; grounds for dismissal provided for in this Rule may be
pleaded as an affirmative defense in the answer and,
(f) That the cause of action is barred by a in the discretion of the court, a preliminary hearing
prior judgment or by the statute of limitations; may be had thereon as if a motion to dismiss had
been filed. (5a)
(g) That the pleading asserting the claim
states no cause of action; The dismissal of the complaint under this section
shall be without prejudice to the prosecution in the
(h) That the claim or demand set forth in the same or separate action of a counterclaim pleaded in
plaintiff's pleading has been paid, waived, the answer. (n)
abandoned, or otherwise extinguished;

(i) That the claim on which the action is

founded is enforceable under the provisions RULE 17
of the statute of frauds; and
Dismissal of Actions
(j) That a condition precedent for filing the
claim has not been complied with. (1a) Section 1. Dismissal upon notice by plaintiff. — A
complaint may be dismissed by the plaintiff by filing a
Section 2. Hearing of motion. — At the hearing of the notice of dismissal at any time before service of the
motion, the parties shall submit their arguments on answer or of a motion for summary judgment. Upon
the questions of law and their evidence on the such notice being filed, the court shall issue an order
questions of fact involved except those not available confirming the dismissal. Unless otherwise stated in
at that time. Should the case go to trial, the evidence the notice, the dismissal is without prejudice, except
presented during the hearing shall automatically be that a notice operates as an adjudication upon the
part of the evidence of the party presenting the same. merits when filed by a plaintiff who has once
(n) dismissed in a competent court an action based on or
including the same claim. (1a)
Section 3. Resolution of Motion. — After the hearing,
the court may dismiss the action or claim, deny the Section 2. Dismissal upon motion of plaintiff. —
motion, or order the amendment of the pleading. Except as provided in the preceding section, a
complaint shall not be dismissed at the plaintiff's
The court shall not defer the resolution of the motion instance save upon approval of the court and upon
for the reason that the ground relied upon is not such terms and conditions as the court deems proper.
If a counterclaim has been pleaded by a defendant
indubitable.
prior to the service upon him of the plaintiffs motion
for dismissal, the dismissal shall be limited to the
In every case, the resolution shall state clearly and complaint. The dismissal shall be without prejudice to
distinctly the reasons therefor. (3a) the right of the defendant to prosecute his
counterclaim in a separate action unless within fifteen
Section 4. Time to plead. — If the motion is denied, (15) days from notice of the motion he manifests his
the movant shall file his answer within the balance of preference to have his counterclaim resolved in the
the period prescribed by Rule 11 to which he was same action. Unless otherwise specified in the order,
entitled at the time of serving his motion, but not less a dismissal under this paragraph shall be without
than five (5) days in any event, computed from his prejudice. A class suit shall not be dismissed or
receipt of the notice of the denial. If the pleading is compromised without the approval of the court. (2a)
ordered to be amended, he shall file his answer within
the period prescribed by Rule 11 counted from Section 3. Dismissal due to fault of plaintiff. — If, for
service of the amended pleading, unless the court no justifiable cause, the plaintiff fails to appear on the
provides a longer period. (4a) date of the presentation of his evidence in chief on
the complaint, or to prosecute his action for an
Section 5. Effect of dismissal. — Subject to the right unreasonable length of time, or to comply with these
of appeal, an order granting a motion to dismiss Rules or any order of the court, the complaint may be
based on paragraphs (f), (h) and (i) of section 1 dismissed upon motion of the defendant or upon the
court's own motion, without prejudice to the right of

14
 the defendant to prosecute his counterclaim in the Section 3. Notice of pre-trial. — The notice of pre-
same or in a separate action. This dismissal shall trial shall be served on counsel, or on the party who
have the effect of an adjudication upon the merits, has no counsel. The counsel served with such notice
unless otherwise declared by the court. (3a) is charged with the duty of notifying the party
represented by him. (n)
Section 4. Dismissal of counterclaim, cross-claim, or
third-party complaint. — The provisions of this Rule Section 4. Appearance of parties. — It shall be the
shall apply to the dismissal of any counterclaim, duty of the parties and their counsel to appear at the
cross-claim, or third-party complaint. A voluntary pre-trial. The non-appearance of a party may be
dismissal by the claimant by notice as in section 1 of excused only if a valid cause is shown therefor or if a
this Rule, shall be made before a responsive pleading representative shall appear in his behalf fully
or a motion for summary judgment is served or, if authorized in writing to enter into an amicable
there is none, before the introduction of evidence at settlement, to submit to alternative modes of dispute
the trial or hearing. (4a) resolution, and to enter into stipulations or admissions
of facts and of documents. (n)

Section 5. Effect of failure to appear. — The failure of

RULE 18 the plaintiff to appear when so required pursuant to
the next preceding section shall be cause for
Pre-Trial dismissal of the action. The dismissal shall be with
prejudice, unless other-wise ordered by the court. A
similar failure on the part of the defendant shall be
Section 1. When conducted. — After the last cause to allow the plaintiff to present his evidence ex
pleading has been served and filed, if shall be the parte and the court to render judgment on the basis
duty of the plaintiff to promptly move ex parte that the thereof. (2a, R20)
case be set for pre-trial (5a, R20)
Section 6. Pre-trial brief. — The parties shall file with
Section 2. Nature and purpose. — The pre-trial is the court and serve on the adverse party, in such
mandatory. The court shall consider: manner as shall ensure their receipt thereof at least
three (3) days before the date of the pre-trial, their
(a) The possibility of an amicable settlement respective pre-trial briefs which shall contain, among
or of a submission to alternative modes of others:
dispute resolution;
(a) A statement of their willingness to enter
(b) The simplification of the issues; into amicable settlement or alternative modes
of dispute resolution, indicating the desired
(c) The necessity or desirability of terms thereof;
amendments to the pleadings;
(b) A summary of admitted facts and
(d) The possibility of obtaining stipulations or proposed stipulation of facts;
admissions of facts and of documents to
avoid unnecessary proof; (c) The issues to be tried or resolved;

(e) The limitation of the number of witnesses; (d) The documents or exhibits to be
presented stating the purpose thereof;
(f) The advisability of a preliminary reference
of issues to a commissioner; (e) A manifestation of their having availed or
their intention to avail themselves of
(g) The propriety of rendering judgment on discovery procedures or referral to
the pleadings, or summary judgment, or of commissioners; and
dismissing the action should a valid ground
therefor be found to exist; (f) The number and names of the witnesses,
and the substance of their respective
(h) The advisability or necessity of testimonies.
suspending the proceedings; and
Failure to file the pre-trial brief shall have the same
(i) Such other matters as may aid in the effect as failure to appear at the pre-trial. (n)
prompt disposition of the action. (1a, R20)
Section 7. Record of pre-trial. — The proceedings in
the pre-trial shall be recorded. Upon the termination

15
 thereof, the court shall issue an order which shall to habeas corpus cases, election cases, special civil
recite in detail the matters taken up in the conference, actions, and those so required by law. (1a, R22)
the action taken thereon, the amendments allowed to
the pleadings, and the agreements or admissions Section 2. Assignment of cases. — The assignment
made by the parties as to any of the matters of cases to the different branches of a court shall be
considered. Should the action proceed to trial, the done exclusively by raffle. The assignment shall be
order shall, explicitly define and limit the issues to be done in open session of which adequate notice shall
tried. The contents of the order shall control the be given so as to afford interested parties the
subsequent course of the action, unless modified opportunity to be present. (7a, R22)
before trial to prevent manifest injustice. (5a, R20)

RULE 21
RULE 19
Subpoena
Intervention
Section 1. Subpoena and subpoena duces tecum. —
Section 1. Who may intervene. — A person who has Subpoena is a process directed to a person requiring
a legal interest in the matter in litigation, or in the him to attend and to testify at the hearing or the trial
success of either of the parties, or an interest against of an action, or at any investigation conducted by
both, or is so situated as to be adversely affected by competent authority, or for the taking of his
a distribution or other disposition of property in the deposition. It may also require him to bring with him
custody of the court or of an officer thereof may, with any books, documents, or other things under his
leave of court, be allowed to intervene in the action. control, in which case it is called a subpoena duces
The court shall consider whether or not the tecum. (1a, R23)
intervention will unduly delay or prejudice the
adjudication of the rights of the original parties, and Section 2. By whom issued. — The subpoena may
whether or not the intervenor's rights may be fully
be issued by —
protected in a separate proceeding. (2[a], [b]a, R12)
(a) the court before whom the witness is
Section 2. Time to intervene. — The motion to
required to attend;
intervene may be filed at any time before rendition of
judgment by the trial court. A copy of the pleading-in-
intervention shall be attached to the motion and (b) the court of the place where the
served on the original parties. (n) deposition is to be taken;

Section 3. Pleadings-in-intervention. — The (c) the officer or body authorized by law to do

intervenor shall file a complaint-in-intervention if he so in connection with investigations
asserts a claim against either or all of the original conducted by said officer or body; or
parties, or an answer-in-intervention if he unites with
the defending party in resisting a claim against the (d) any Justice of the Supreme Court or of
latter. (2[c]a, R12) the Court of Appeals in any case or
investigation pending within the Philippines.
Section 4. Answer to complaint-in-intervention. —
The answer to the complaint-in-intervention shall be When application for a subpoena to a prisoner is
filed within fifteen (15) days from notice of the order made, the judge or officer shall examine and study
admitting the same, unless a different period is fixed carefully such application to determine whether the
by the court. (2[d]a, R12) same is made for a valid purpose.

No prisoner sentenced to death, reclusion

perpetua or life imprisonment and who is confined in
RULE 20 any penal institution shall be brought outside the said
penal institution for appearance or attendance in any
court unless authorized by the Supreme Court (2a,
Calendar of Cases
R23)

Section 1. Calendar of cases. — The clerk of court,

Section 3. Form and contents. — A subpoena shall
under the direct supervision of the judge, shall keep a state the name of the court and the title of the action
calendar of cases for pre-trial, for trial, those whose or investigation, shall be directed to the person whose
trials were adjourned or postponed, and those with
attendance is required, and in the case of a
motions to set for hearing. Preference shall be given

16
 subpoena duces tecum, it shall also contain a determine that his failure to answer the subpoena
reasonable description of the books, documents or was willful and without just excuse. (11, R23)
things demanded which must appear to the
court prima facie relevant. (3a, R23) Section 9. Contempt. — Failure by any person
without adequate cause to obey a subpoena served
Section 4. Quashing a subpoena. — The court may upon him shall be deemed a contempt of the court
quash a subpoena duces tecum upon motion from which the subpoena is issued. If the subpoena
promptly made and, in any event, at or before the was not issued by a court, the disobedience thereto
time specified therein if it is unreasonable and shall be punished in accordance with the applicable
oppressive, or the relevancy of the books, documents law or Rule. (12a R23)
or things does not appear, or if the person in whose
behalf the subpoena is issued fails to advance the Section 10. Exceptions. — The provisions of sections
reasonable cost of the production thereof. 8 and 9 of this Rule shall not apply to a witness who
resides more than one hundred (100) kilometers from
The court may quash a subpoena ad testificandum on his residence to the place where he is to testify by the
the ground that the witness is not bound thereby. In ordinary course of travel, or to a detention prisoner if
either case, the subpoena may be quashed on the no permission of the court in which his case is
ground that the witness fees and kilometrage allowed pending was obtained. (9a, R23)
by these Rules were not tendered when the
subpoena was served. (4a, R23)

Section 5. Subpoena for depositions. — Proof of RULE 22

service of a notice to take a deposition, as provided in
sections 15 and 25 of Rule 23, shall constitute Computation of Time
sufficient authorization for the issuance of subpoenas
for the persons named in said notice by the clerk of
the court of the place in which the deposition is to be Section 1. How to compute time. — In computing any
taken. The clerk shall not, however, issue a period of time prescribed or allowed by these Rules,
subpoena duces tecum to any such person without or by order of the court, or by any applicable statute,
an order of the court. (5a, R23) the day of the act or event from which the designated
period of time begins to run is to be excluded and the
date of performance included. If the last day of the
Section 6. Service. — Service of a subpoena shall be
period, as thus computed, falls on a Saturday a
made in the same manner as personal or substituted
Sunday, or a legal holiday in the place where the
service of summons. The original shall be exhibited
court sits, the time shall not run until the next working
and a copy thereof delivered to the person on whom it day. (a)
is served, tendering to him the fees for one day's
attendance and the kilometrage allowed by these
Rules, except that, when a subpoena is issued by or Section 2. Effect of interruption. — Should an act be
on behalf of the Republic of the Philippines or an done which effectively interrupts the running of the
officer or agency thereof, the tender need not be period, the allowable period after such interruption
made. The service must be made so as to allow the shall start to run on the day after notice of the
witness a reasonable time for preparation and travel cessation of the cause thereof.
to the place of attendance. If the subpoena is duces
tecum, the reasonable cost of producing the books, The day of the act that caused the interruption shall
documents or things demanded shall also be be excluded in the computation of the period. (n)
tendered. (6a, R23)

Section 7. Personal appearance in court. — A

person present in court before a judicial officer may RULE 23
be required to testify as if he were in attendance upon
a subpoena is sued by such court or officer. (10, R23) Depositions Pending Action

Section 8. Compelling attendance. — In case of Section 1. Depositions pending action, when may be
failure of a witness to attend, the court or judge taken. — By leave of court after jurisdiction has been
issuing the subpoena, upon proof of the service obtained over any defendant or over property which is
thereof and of the failure of the witness, may issue a the subject of the action, or without such leave after
warrant to the sheriff of the province, or his deputy, to an answer has been served, the testimony of any
arrest the witness and bring him before the court or person, whether a party or not, may be taken, at the
officer where his attendance is required, and the cost instance of any party, by deposition upon oral
of such warrant and seizure of such witness shall be examination or written interrogatories. The
paid by the witness if the court issuing it shall

17
 attendance of witnesses may be compelled by the to the importance of presenting the testimony
use of a subpoena as provided in Rule 21. of witnesses orally in open court, to allow the
Depositions shall be taken only in accordance with deposition to be used; and
these Rules. The deposition of a person confined in
prison may be taken only by leave of court on such (d) If only part of a deposition is offered in
terms as the court prescribes. (1a, R24) evidence by a party, the adverse party may
require him to introduce all of it which is
Section 2. Scope of examination. — Unless relevant to the part introduced, and any party
otherwise ordered by the court as provided by section may introduce any other parts. (4a, R24)
16 or 18 of this Rule, the deponent may be examined
regarding any matter, not privileged, which is relevant Section 5. Effect of substitution of parties. —
to the subject of the pending action, whether relating Substitution of parties does not affect the right to use
to the claim or defense of any other party, including depositions previously taken; and, when an action
the existence, description, nature, custody, condition, has been dismissed and another action involving the
and location of any books, documents, or other same subject is afterward brought between the same
tangible things and the identity and location of parties or their representatives or successors in
persons having knowledge of relevant facts. (2, R24) interest, all depositions lawfully taken and duly filed in
the former action may be used in the latter as if
Section 3. Examination and cross-examination. — originally taken therefor. (5, R24)
Examination and cross-examination of deponents
may proceed as permitted at the trial under sections 3 Section 6. Objections to admissibility. — Subject to
to 18 of Rule 132. (3a, R24) the provisions of section 29 of this Rule, objection
may be made at the trial or hearing, to receiving in
Section 4. Use of depositions. — At the trial or upon evidence any deposition or part thereof for any
the hearing of a motion or an interlocutory reason which would require the exclusion of the
proceeding, any part or all of a deposition, so far as evidence if the witness were then present and
admissible under the rules of evidence, may be used testifying (6, R24)
against any party who was present or represented at
the taking of the deposition or who had due notice Section 7. Effect of taking depositions. — A party
thereof, in accordance with any one of the following shall not be deemed to make a person his own
provisions; witness for any purpose by taking his deposition. (7,
R24)
(a) Any deposition may be used by any party
for the purpose of contradicting or Section 8. Effect of using depositions. — The
impeaching the testimony of deponent as a introduction in evidence of the deposition or any part
witness; thereof for any purpose other than that of
contradicting or impeaching the deponent makes the
(b) The deposition of a party or of any one deponent the witness of the party introducing the
who at the time of taking the deposition was deposition, but this shall not apply to the use by an
an officer, director, or managing agent of a adverse party of a deposition as described in
public or private corporation, partnership, or paragraph (b) of section 4 of this Rule. (8, R24)
association which is a party may be used by
an adverse party for any purpose; Section 9. Rebutting deposition. — At the trial or
hearing any party may rebut any relevant evidence
(c) The deposition of a witness, whether or contained in a deposition whether introduced by him
not a party, may be used by any party for any or by any other party. (9, R24)
purpose if the court finds: (1) that the witness
is dead, or (2) that the witness resides at a Section 10. Persons before whom depositions may
distance more than one hundred (100) be taken within the Philippines. — Within the
kilometers from the place of trial or hearing, Philippines depositions may be taken before any
or is out of the Philippines, unless it appears judge, notary public, or the person referred to in
that his absence was procured by the party section 14 hereof. (10a, R24)
offering the deposition, or (3) that the witness
is unable to attend or testify because of age, Section 11. Persons before whom depositions may
sickness, infirmity, or imprisonment, or (4) be taken in foreign countries. — In a foreign state or
that the party offering the deposition has country, depositions may be taken (a) on notice
been unable to procure the attendance of the before a secretary of embassy or legation, consul
witness by subpoena; or (5) upon application
general, consul, vice-consul, or consular agent of the
and notice, that such exceptional
Republic of the Philippines, (b) before such person or
circumstances exist as to make it desirable,
officer as may be appointed by commission or under
in the interest of justice and with due regard

18
 letters rogatory; or (c) the person referred to in court or the court may make any other order which
section 14 hereof. (11a, R24) justice requires to protect the party or witness from
annoyance, embarrassment, or oppression. (16a,
Section 12. Commission or letters rogatory. — A R24)
commission or letters rogatory shall be issued only
when necessary or convenient, on application and Section 17. Record of examination, oath; objections.
notice, and on such terms, and with such direction as — The officer before whom the deposition is to be
are just and appropriate. Officers may be designated taken shall put the witness on oath and shall
in notices or commissions either by name or personally, or by some one acting under his direction
descriptive title and letters rogatory may be and in his presence, record the testimony of the
addressed to the appropriate judicial authority in the witness. The testimony shall be taken
foreign country. (12a, R24) stenographically unless the parties agree otherwise.
All objections made at the time of the examination to
Section 13. Disqualification by interest. — No the qualifications of the officer taking the deposition,
deposition shall be taken before a person who is a or to the manner of talking it, or to the evidence
relative within the sixth degree of consanguinity or presented, or to the conduct of any party, and any
affinity, or employee or counsel of any of the parties, other objection to the proceedings, shall be noted by
or who is a relative within the same degree, or the officer upon the deposition. Evidence objected to
employee of such counsel; or who is financially shall be taken subject to the objections. In lieu of
interested in the action. (13a, R24) participating in the oral examination, parties served
with notice of taking a deposition may transmit written
Section 14. Stipulations regarding taking of interrogatories to the officers, who shall propound
them to the witness and record the answers verbatim.
depositions. — If the parties so stipulate in writing,
(17, R24)
depositions may be taken before any person
authorized to administer oaths, at any time or place,
in accordance with these Rules and when so taken Section 18. Motion to terminate or limit examination.
may be used like other depositions. (14a, R24) — At any time during the taking of the deposition, on
motion or petition of any party or of the deponent, and
Section 15. Deposition upon oral upon a showing that the examination is being
examination; notice; time and place. — A party conducted in bad faith or in such manner as
desiring to take the deposition of any person upon unreasonably to annoy, embarrass, or oppress the
oral examination shall give reasonable notice in deponent or party, the court in which the action is
pending or the Regional Trial Court of the place
writing, to every other party to the action. The notice
where the deposition is being taken may order the
shall state the time and place for taking the deposition
officer conducting the examination to cease forthwith
and the name and address of each person to be
from taking the deposition, or may limit the scope and
examined, if known, and if the name is not known, a
general description sufficient to identify him or the manner of the taking of the deposition, as provided in
particular class or group to which he belongs. On section 16 of this Rule. If the order made terminates
the examination, it shall be resumed thereafter only
motion of any party upon whom the notice is served,
upon the order of the court in which the action is
the court may for cause shown enlarge or shorten the
pending. Upon demand of the objecting party or
time. (15, R24)
deponent, the taking of the deposition shall be
suspended for the time necessary to make a notice
Section 16. Orders for the protection of parties and for an order. In granting or refusing such order, the
deponents. — After notice is served for taking a court may impose upon either party or upon the
deposition by oral examination, upon motion witness the requirement to pay such costs or
seasonably made by any party or by the person to be expenses as the court may deem reasonable. (18a,
examined and for good cause shown, the court in R24)
which the action is pending may make an order that
the deposition shall not be taken, or that it may be
Section 19. Submission to witness; changes; signing.
taken only at some designated place other than that
— When the testimony is fully transcribed, the
stated in the notice, or that it may be taken only on
deposition shall be submitted to the witness for
written interrogatories, or that certain matters shall
not be inquired into, or that the scope of the examination and shall be read to or by him, unless
examination shall be held with no one present except such examination and reading are waived by the
witness and by the parties. Any changes in form or
the parties to the action and their officers or counsel,
substance which the witness desires to make shall be
or that after being sealed the deposition shall be
entered upon the deposition by the officer with a
opened only by order of the court, or that secret
statement of the reasons given by the witness for
processes, developments, or research need not be
disclosed, or that the parties shall simultaneously file making them. The deposition shall then be signed by
specified documents or information enclosed in the witness, unless the parties by stipulation waive
the signing or the witness is ill or cannot be found or
sealed envelopes to be opened as directed by the

19
 refuses to sign. If the deposition is not signed by the to be taken. Within ten (10) days thereafter, a party
witness, the officer shall sign it and state on the so served may serve cross-interrogatories upon the
record the fact of the waiver or of the illness or party proposing to take the deposition. Within five (5)
absence of the witness or the fact of the refusal to days thereafter, the latter may serve re-direct
sign together with the reason be given therefor, if any, interrogatories upon a party who has served cross-
and the deposition may then be used as fully as interrogatories. Within three (3) days after being
though signed, unless on a motion to suppress under served with re-direct interrogatories, a party may
section 29 (f) of this Rule, the court holds that the serve recross-interrogatories upon the party
reasons given for the refusal to sign require rejection proposing to take the deposition. (25, R24)
of the deposition in whole or in part. (19a, R24)
Section 26. Officers to take responses and prepare
Section 20. Certification, and filing by officer. — The record. — A copy of the notice and copies of all
officer shall certify on the deposition that the witness interrogatories served shall be delivered by the party
was duly sworn to by him and that the deposition is a taking the deposition to the officer designated in the
true record of the testimony given by the witness. He notice, who shall proceed promptly, in the manner
shall then securely seal the deposition in an envelope provided by sections 17, 19 and 20 of this Rule, to
indorsed with the title of the action and marked take the testimony of the witness in response to the
"Deposition of (here insert the name of witness)" and interrogatories and to prepare, certify, and file or mail
shall promptly file it with the court in which the action the deposition, attaching thereto the copy of the
is pending or send it by registered mail to the clerk notice and the interrogatories received by him. (26,
thereof for filing. (20, R24) R24)

Section 21. Notice of filing. — The officer taking the Section 27. Notice of filing and furnishing copies. —
deposition shall give prompt notice of its filing to all When a deposition upon interrogatories is filed, the
the parties. (21, R24) officer taking it shall promptly give notice thereof to all
the parties, and may furnish copies to them or to the
Section 22. Furnishing copies. — Upon payment of deponent upon payment of reasonable charges
reasonable charges therefor, the officer shall furnish therefor. (27, R24)
a copy of the deposition to any party or to the
deponent. (22, R24) Section 28. Order for the protection of parties and
deponents. — After the service of the interrogatories
Section 23. Failure to attend of party giving notice. — and prior to the taking of the testimony of the
If the party giving the notice of the taking of a deponent, the court in which the action is pending, on
deposition fails to attend and proceed therewith and motion promptly made by a party or a deponent, and
another attends in person or by counsel pursuant to for good cause shown, may make any order specified
the notice, the court may order the party giving the in sections 15, 16 and 18 of this Rule which is
notice to pay such other party the amount of the appropriate and just or an order that the deposition
reasonable expenses incurred by him and his counsel shall not be taken before the officer designated in the
in so attending, including reasonable attorney's fees. notice or that it shall not be taken except upon oral
(23a, R24) examination. (28a, R24)

Section 24. Failure of party giving notice to serve Section 29. Effect of errors and irregularities in
subpoena. — If the party giving the notice of the depositions. —
taking of a deposition of a witness fails to serve a
subpoena upon him and the witness because of such (a) As to notice. — All errors and irregularities
failure does not attend, and if another party attends in in the notice for taking a deposition are
person or by counsel because he expects the waived unless written objection is promptly
deposition of that witness to be taken, the court may served upon the party giving the notice.
order the party giving the notice to pay to such other
party the amount of the reasonable expenses (b) As to disqualification of officer. —
incurred by him and his counsel in so attending, Objection to taking a deposition because of
including reasonable attorney's fees. (24a, R24) disqualification of the officer before whom it is
to be taken is waived unless made before the
Section 25. Deposition upon written taking of the deposition begins or as soon
interrogatories; service of notice and of thereafter as the disqualification becomes
interrogatories. — A party desiring to take the known or could be discovered with
deposition of any person upon written interrogatories reasonable diligence.
shall serve them upon every other party with a notice
stating the name and address of the person who is to (c) As to competency or relevancy of
answer them and the name or descriptive title and evidence. — Objections to the competency of
address of the officer before whom the deposition is witness or the competency, relevancy, or

20
 materiality of testimony are not waived by the proposed testimony and his reasons for desiring
failure to make them before or during the to perpetuate it; (d) the names or a description of the
taking of the deposition, unless the ground, of persons he expects will be adverse parties and their
the objection is one which might have been addresses so far as known; and (e) the names and
obviated or removed if presented at that time. addresses of the persons to be examined and the
substance of the testimony which he expects to elicit
(d) As to oral examination and other from each, and shall ask for an order authorizing the
particulars. — Errors and irregularities petitioner to take the depositions of the persons to be
occurring at the oral examination in the examined named in the petition for the purpose of
manner of taking the deposition in the form of perpetuating their testimony. (2, R134)
the questions or answers, in the oath or
affirmation, or in the conduct of the parties Section 3. Notice and service. — The petitioner shall
and errors of any kind which might be serve a notice upon each person named in the
obviated, removed, or cured if promptly petition as an expected adverse party, together with a
prosecuted, are waived unless reasonable copy of the petition, stating that the petitioner will
objection thereto is made at the taking of the apply to the court, at a time and place named therein,
deposition. for the order described in the petition. At least twenty
(20) days before the date of the hearing, the court
(e) As to form of written interrogatories. — shall cause notice thereof to be served on the parties
Objections to the form of written and prospective deponents in the manner provided
interrogatories submitted under sections 25 for service of summons. (3a, R134)
and 26 of this Rule are waived unless served
in writing upon the party propounding them Section 4. Order and examination. — If the court is
within the time allowed for serving satisfied that the perpetuation of the testimony may
succeeding cross or other interrogatories and prevent a failure or delay of justice, it shall make an
within three (3) days after service of the last order designating or describing the persons whose
interrogatories authorized. deposition may be taken and specifying the subject
matter of the examination and whether the
(f) As to manner of preparation. — Errors and depositions shall be taken upon oral examination or
irregularities in the manner in which the written interrogatories. The depositions may be taken
testimony is transcribed or the deposition is in accordance with Rule 23 before the hearing. (4a,
prepared, signed, certified, sealed, indorsed, R134)
transmitted, filed, or otherwise dealt with by
the officer under sections 17, 19, 20 and 26 Section 5. Reference to court. — For the purpose of
of this Rule are waived unless a motion to applying Rule 23 to depositions for perpetuating
suppress the deposition or some part thereof testimony, each reference therein to the court in
is made with reasonable promptness after which the action is pending shall be deemed to refer
such defect is, or with due diligence might to the court in which the petition for such deposition
have been, ascertained. (29a, R24) was filed. (5a, R134)

Section 6. Use of deposition. — If a deposition to

perpetuate testimony is taken under this Rule, or if,
RULE 24 although not so taken, it would be admissible in
evidence, it may be used in any action involving the
Depositions Before Action or Pending Appeal same subject matter sub-sequently brought in
accordance with the provisions of sections 4 and 5 of
Rule 23. (6a, R134)
Section 1. Depositions before action; petition. — A
person who desires to perpetuate his own testimony
Section 7. Depositions pending appeal. — If an
or that of another person regarding any matter that
appeal has been taken from a judgment of a court,
may be cognizable in any court of the Philippines may
file a verified petition in the court of the place of the including the Court of Appeals in proper cases, or
residence of any expected adverse party. (1a R134) before the taking of an appeal if the time therefor has
not expired, the court in which the judgment was
rendered may allow the taking of depositions of
Section 2. Contents of petition. — The petition shall witnesses to perpetuate their testimony for in the
be entitled in the name of the petitioner and shall event of further proceedings in the said court. In such
show: (a) that the petitioner expects to be a party to case the party who desires to perpetuate the
an action in a court of the Philippines but is presently testimony may make a motion in the said court for
unable to bring it or cause it to be brought; (b) the leave to take the depositions, upon the same notice
subject matter of the expected action and his interest and service thereof as if the action was pending
therein; (c) the facts which he desires to establish by therein. The motion shall state (a) the names and

21
 addresses of the persons to be examined and the party to give testimony in open court, or to give a
substance of the testimony which he expects to elicit deposition pending appeal. (n)
from each, and (b) the reason for perpetuating their
testimony. If the court finds that the perpetuation of
the testimony is proper to avoid a failure or delay of
justice, it may make an order allowing the deposition RULE 26
to be taken, and thereupon the depositions may be
taken and used in the same manner and under the
same conditions as are prescribed in these Rules for Admission by Adverse Party
depositions taken in pending actions. (7a, R134)
Section 1. Request for admission. — At any time
after issues have been joined, a party may file and
serve upon any other party may file and serve upon
any other party a written request for the admission by
RULE 25
the latter of the genuineness of any material and
relevant document described in and exhibited with the
Interrogatories to Parties request or of the truth of any material and relevant
matter of fact set forth in the request. Copies of the
Section 1. Interrogatories to parties; service documents shall be delivered with the request unless
thereof. — Under the same conditions specified in copy have already been furnished. (1a)
section 1 of Rule 23, any party desiring to elicit
material and relevant facts from any adverse parties Section 2. Implied admission. — Each of the matters
shall file and serve upon the latter written of which an admission is requested shall be deemed
interrogatories to be answered by the party served or, admitted unless, within a period designated in the
if the party served is a public or private corporation or request, which shall not be less than fifteen (15) days
a partnership or association, by any officer thereof after service thereof, or within such further time as the
competent to testify in its behalf. (1a) court may allow on motion, the party to whom the
request is directed files and serves upon the party
Section 2. Answer to interrogatories. — The requesting the admission a sworn statement either
interrogatories shall be answered fully in writing and denying specifically the matters of which an
shall be signed and sworn to by the person making admission is requested or setting forth in detail the
them. The party upon whom the interrogatories have reasons why he cannot truthfully either admit or deny
been served shall file and serve a copy of the those matters.
answers on the party submitting the interrogatories
within fifteen (15) days after service thereof unless Objections to any request for admission shall be
the court on motion and for good cause shown, submitted to the court by the party requested within
extends or shortens the time. (2a) the period for and prior to the filing of his sworn
statement as contemplated in the preceding
Section 3. Objections to interrogatories. — paragraph and his compliance therewith shall be
Objections to any interrogatories may be presented to deferred until such objections are resolved, which
the court within ten (10) days after service thereof, resolution shall be made as early as practicable. (2a)
with notice as in case of a motion; and answers shall
be deferred until the objections are resolved, which Section 3. Effect of admission. — Any admission
shall be at as early a time as is practicable. (3a) made by a party pursuant to such request is for the
purpose of the pending action only and shall not
Section 4. Number of interrogatories. — No party constitute an admission by him for any other purpose
may, without leave of court, serve more than one set nor may the same be used against him in any other
of interrogatories to be answered by the same party. proceeding. (3)
(4)
Section 4. Withdrawal. — The court may allow the
Section 5. Scope and use of interrogatories. — party making an admission under the Rule, whether
Interrogatories may relate to any matters that can be express or implied, to withdraw or amend it upon
inquired into under section 2 of Rule 23, and the such terms as may be just. (4)
answers may be used for the same purposes
provided in section 4 of the same Rule. (5a) Section 5. Effect of failure to file and serve request
for admission. — Unless otherwise allowed by the
Section 6. Effect of failure to serve written court for good cause shown and to prevent a failure
interrogatories. — Unless thereafter allowed by the of justice a party who fails to file and serve a request
court for good cause shown and to prevent a failure for admission on the adverse party of material and
of justice, a party not served with written relevant facts at issue which are, or ought to be,
interrogatories may not be compelled by the adverse

22
within the personal knowledge of the latter, shall not deliver such report, the court on motion and notice
be permitted to present evidence on such facts. (n) may make an order requiring delivery on such terms
as are just, and if a physician fails or refuses to make
such a report the court may exclude his testimony if
offered at the trial. (3a)
RULE 27
Section 4. Waiver of privilege. — By requesting and
Production or Inspection of Documents or Things obtaining a report of the examination so ordered or by
taking the deposition of the examiner, the party
examined waives any privilege he may have in that
Section 1. Motion for production or inspection; order. action or any other involving the same controversy,
— Upon motion of any party showing good cause regarding the testimony of every other person who
therefor, the court in which an action is pending may has examined or may thereafter examine him in
(a) order any party to produce and permit the respect of the same mental or physical examination.
inspection and copying or photographing, by or on (4)
behalf of the moving party, of any designated
documents, papers, books, accounts, letters,
photographs, objects or tangible things, not
privileged, which constitute or contain evidence
material to any matter involved in the action and RULE 29
which are in his possession, custody or control, or (b)
order any party to permit entry upon designated land Refusal to Comply with Modes of Discovery
or other property in his possession or control for the
purpose of inspecting, measuring, surveying, or Section 1. Refusal to answer. — If a party or other
photographing the property or any designated deponent refuses to answer any question upon oral
relevant object or operation thereon. The order shall examination, the examination may be completed on
specify the time, place and manner of making the other matters or adjourned as the proponent of the
inspection and taking copies and photographs, and question may prefer. The proponent may thereafter
may prescribe such terms and conditions as are just. apply to the proper court of the place where the
(1a) deposition is being taken, for an order to compel an
answer. The same procedure may be availed of when
a party or a witness refuses to answer any
interrogatory submitted under Rules 23 or 25.
RULE 28
If the application is granted, the court shall require the
Physical and Mental Examination of Persons refusing party or deponent to answer the question or
interrogatory and if it also finds that the refusal to
Section 1. When examination may be ordered. — In answer was without substantial justification, it may
require the refusing party or deponent or the counsel
an action in which the mental or physical condition of
a party is in controversy, the court in which the action advising the refusal, or both of them, to pay the
is pending may in its discretion order him to submit to proponent the amount of the reasonable expenses
incurred in obtaining the order, including attorney's
a physical or mental examination by a physician. (1)
fees.
Section 2. Order for examination. — The order for
examination may be made only on motion for good If the application is denied and the court finds that it
cause shown and upon notice to the party to be was filed without substantial justification, the court
may require the proponent or the counsel advising
examined and to all other parties, and shall specify
the filing of the application, or both of them, to pay to
the time, place, manner, conditions and scope of the
the refusing party or deponent the amount of the
examination and the person or persons by whom it is
reasonable expenses incurred in opposing the
to be made. (2)
application, including attorney's fees. (1a)
Section 3. Report of findings. — If requested by the
Section 2. Contempt of court. — If a party or other
party examined, the party causing the examination to
witness refuses to be sworn or refuses to answer any
be made shall deliver to him a copy of a detailed
written report of the examining physician setting out question after being directed to do so by the court of
his findings and conclusions. After such request and the place in which the deposition is being taken, the
refusal may be considered a contempt of that court.
delivery, the party causing the examination to be
(2a)
made shall be entitled upon request to receive from
the party examined a like report of any examination,
previously or thereafter made, of the same mental or Section 3. Other consequences. — If any party or an
physical condition. If the party examined refuses to officer or managing agent of a party refuses to obey

23
an order made under section 1 of this Rule requiring interrogatories submitted under Rule 25 after proper
him to answer designated questions, or an order service of such interrogatories, the court on motion
under Rule 27 to produce any document or other and notice, may strike out all or any part of any
thing for inspection, copying, or photographing or to pleading of that party, or dismiss the action or
permit it to be done, or to permit entry upon land or proceeding or any part thereof, or enter a judgment
other property or an order made under Rule 28 by default against that party, and in its discretion,
requiring him to submit to a physical or mental order him to pay reasonable expenses incurred by
examination, the court may make such orders in the other, including attorney's fees. (5)
regard to the refusal as are just, and among others
the following: Section 6. Expenses against the Republic of the
Philippines. — Expenses and attorney's fees are not
(a) An order that the matters regarding which to be imposed upon the Republic of the Philippines
the questions were asked, or the character or under this Rule. (6)
description of the thing or land, or the
contents of the paper, or the physical or
mental condition of the party, or any other
designated facts shall be taken to be RULE 30
established for the purposes of the action in
accordance with the claim of the party
obtaining the order; Trial

(b) An order refusing to allow the disobedient Section 1. Notice of Trial. — Upon entry of a case in
party to support or oppose designated claims the trial calendar, the clerk shall notify the parties of
or defenses or prohibiting him from the date of its trial in such manner as shall ensure his
introducing in evidence designated receipt of that notice at least five (5) days before such
documents or things or items of testimony, or date. (2a, R22)
from introducing evidence of physical or
mental condition; Section 2. Adjournments and postponements. — A
court may adjourn a trial from day to day, and to any
(c) An order striking out pleadings or parts stated time, as the expeditious and convenient
thereof, or staying further proceedings until transaction of business may require, but shall have
the order is obeyed, or dismissing the action no power to adjourn a trial for a longer period than
or proceeding or any part thereof, or one month for each adjournment nor more than three
rendering a judgment by default against the months in all, except when authorized in writing by
disobedient party; and the Court Administrator, Supreme Court. (3a, R22)

(d) In lieu of any of the foregoing orders or in Section 3. Requisites of motion to postpone trial for
addition thereto, an order directing the arrest absence of evidence. — A motion to postpone a trial
of any party or agent of a party for disobeying on the ground of absence of evidence can be granted
any of such orders except an order to submit only upon affidavit showing the materiality or
to a physical or mental examination. (3a) relevancy of such evidence, and that due diligence
has been used to procure it. But if the adverse party
admits the facts to be given in evidence, even if he
Section 4. Expenses on refusal to admit. — If a party
objects or reserves the right to object to their
after being served with a request under Rule 26 to
admissibility, the trial shall not be postponed. (4a,
admit the genuineness of any document or the truth
R22; Bar Matter No. 803, 21 July 1998)
of any matter of fact serves a sworn denial thereof
and if the party requesting the admissions thereafter
proves the genuineness of such document or the Section 4. Requisites of motion to postpone trial for
truth of any such matter of fact, he may apply to the illness of party or counsel. — A motion to postpone a
court for an order requiring the other party to pay him trial on the ground of illness of a party or counsel may
the reasonable expenses incurred in making such be granted if it appears upon affidavit or sworn
proof, including attorney's fees. Unless the court finds certification that the presence of such party or
that there were good reasons for the denial or that counsel at the trial is indispensable and that the
admissions sought were of no substantial importance, character of his illness is such as to render his non-
such order shall be issued. (4a) attendance excusable. (5a, R22)

Section 5. Failure of party to attend or serve Section 5. Order of trial. — Subject to the provisions
answers. — If a party or an officer or managing agent of section 2 of Rule 31, and unless the court for
of a party wilfully fails to appear before the officer who special reasons otherwise directs, the trial shall be
is to take his deposition, after being served with a limited to the issues stated in the pre-trial order and
proper notice, or fails to serve answers to shall proceed as follows:

24
 (a) The plaintiff shall adduce evidence in Section 9. Judge to receive evidence; delegation to
support of his complaint; clerk of court. — The judge of the court where the
case is pending shall personally receive the evidence
(b) The defendant shall then adduce to be adduced by the parties. However, in default
evidence in support of his defense, or ex parte hearings, and in any case where the
counterclaim, cross-claim and third-party parties agree in writing, the court may delegate the
complaints; reception of evidence to its clerk of court who is a
member of the bar. The clerk of court shall have no
power to rule on objections to any question or to the
(c) The third-party defendant if any, shall
adduce evidence of his defense, admission of exhibits, which objections shall be
counterclaim, cross-claim and fourth-party resolved by the court upon submission of his report
and the transcripts within ten (10) days from
complaint;
termination of the hearing. (n)
(d) The fourth-party, and so forth, if any, shall
adduce evidence of the material facts
pleaded by them;
RULE 31
(e) The parties against whom any
counterclaim or cross-claim has been Consolidation or Severance
pleaded, shall adduce evidence in support of
their defense, in the order to be prescribed by Section 1. Consolidation. — When actions involving
the court; a common question of law or fact are pending before
the court, it may order a joint hearing or trial of any or
(f) The parties may then respectively adduce all the matters in issue in the actions; it may order all
rebutting evidence only, unless the court, for the actions consolidated, and it may make such
good reasons and in the furtherance of orders concerning proceedings therein as may tend
justice, permits them to adduce evidence to avoid unnecessary costs or delay. (1)
upon their original case; and
Section 2. Separate trials. — The court, in
(g) Upon admission of the evidence, the case furtherance of convenience or to avoid prejudice, may
shall be deemed submitted for decision, order a separate trial of any claim, cross-claim,
unless the court directs the parties to argue counterclaim, or third-party complaint, or of any
or to submit their respective memoranda or separate issue or of any number of claims, cross-
any further pleadings. claims, counterclaims, third-party complaints or
issues. (2a)
If several defendants or third-party defendants, and
so forth, having separate defenses appear by
different counsel, the court shall determine the
relative order of presentation of their evidence. (1a, RULE 32
R30)
Trial by Commissioner
Section 6. Agreed statement of facts. — The parties
to any action may agree, in writing, upon the facts Section 1. Reference by consent. — By written
involved in the litigation, and submit the case for consent of both parties, the court may order any or all
judgment on the facts agreed upon, without the of the issues in a case to be referred to a
introduction of evidence. commissioner to be agreed upon by the parties or to
be appointed by the court. As used in these Rules,
If the parties agree only on some of the facts in issue, the word "commissioner" includes a referee, an
the trial shall be held as to the disputed facts in such auditor and an examiner. (1a, R33)
order as the court shall prescribe. (2a, R30)
Section 2. Reference ordered on motion. — When
Section 7. Statement of judge. — During the hearing the parties do not consent, the court may, upon the
or trial of a case any statement made by the judge application of either or of its own motion, direct a
with reference to the case, or to any of the parties, reference to a commissioner in the following cases:
witnesses or counsel, shall be made of record in the
stenographic notes. (3a, R30) (a) When the trial of an issue of fact requires
the examination of a long account on either
Section 8. Suspension of actions. — The suspension side, in which case the commissioner may be
of actions shall be governed by the provisions of the directed to hear and report upon the whole
Civil Code. (n)

25
 issue or any specific question involved Section 8. Commissioner shall avoid delays. — It is
therein; the duty of the commissioner to proceed with all
reasonable diligence. Either party, on notice to the
(b) When the taking of an account is parties and commissioner, may apply to the court for
necessary for the information of the court an order requiring the commissioner to expedite the
before judgment, or for carrying a judgment proceedings and to make his report. (8a, R33)
or order into effect.
Section 9. Report of commissioner. — Upon the
(c) When a question of fact, other than upon completion of the trial or hearing or proceeding before
the pleadings, arises upon motion or the commissioner, he shall file with the court his
otherwise, in any stage of a case, or for report in writing upon the matters submitted to him by
carrying a judgment or order into effect. (2a, the order of reference. When his powers are not
R33) specified or limited, he shall set forth his findings of
fact and conclusions of law in his report. He shall
Section 3. Order of reference; powers of the attach thereto all exhibits, affidavits, depositions,
commissioner. — When a reference is made, the papers and the transcript, if any, of the testimonial
evidence presented before him. (9a, R33)
clerk shall forthwith furnish the commissioner with a
copy of the order of reference. The order may specify
or limit the powers of the commissioner, and may Section 10. Notice to parties of the filing of report. —
direct him to report only upon particular issues, or to Upon the filing of the report, the parties shall be
do or perform particular acts, or to receive and report notified by the clerk, and they shall be allowed ten
evidence only and may fix the date for beginning and (10) days within which to signify grounds of objections
closing the hearings and for the filing of his report. to the findings of the report, if they so desire.
Subject to other specifications and limitations stated Objections to the report based upon grounds which
in the order, the commissioner has and shall exercise were available to the parties during the proceedings
the power to regulate the proceedings in every before the commissioner, other than objections to the
hearing before him and to do all acts and take all findings and conclusions therein, set forth, shall not
measures necessary or proper for the efficient be considered by the court unless they were made
performance of his duties under the order. He may before the commissioner. (10, R33)
issue subpoenas and subpoenas duces tecum, swear
witnesses, and unless otherwise provided in the order Section 11. Hearing upon report. — Upon the
of reference, he may rule upon the admissibility of expiration of the period of ten (10) days referred to in
evidence. The trial or hearing before him shall the preceding section, the report shall be set for
proceed in all respects as it would if held before the hearing, after which the court shall issue an order
court. (3a, R33) adopting, modifying, or rejecting the report in whole or
in part, or recommitting it with instructions, or
Section 4. Oath of commissioner. — Before entering requiring the parties to present further evidence
upon his duties the commissioner shall be sworn to a before the commissioner or the court. (11a, R33)
faithful and honest performance thereof. (14, R33)
Section 12. Stipulations as to findings. — When the
Section 5. Proceedings before commissioner. — parties stipulate that a commissioner's findings of fact
Upon receipt of the order of reference and unless shall be final, only questions of law shall thereafter be
otherwise provided therein, the commissioner shall considered. (12a, R33)
forthwith set a time and place for the first meeting of
the parties or their counsel to be held within ten (10) Section 13. Compensation of commissioner. — The
days after the date of the order of reference and shall court shall allow the commissioner such reasonable
notify the parties or their counsel. (5a, R33) compensation as the circumstances of the case
warrant, to be taxed as costs against the defeated
Section 6. Failure of parties to appear before party, or apportioned, as justice requires. (13, R33)
commissioner. — If a party fails to appear at the time
and place appointed, the commissioner may
proceed ex parte or, in his discretion, adjourn the
proceedings to a future day, giving notice to the RULE 33
absent party or his counsel of the adjournment. (6a,
R33) Demurrer to Evidence

Section 7. Refusal of witness. — The refusal of a

Section 1. Demurrer to evidence. — After the plaintiff
witness to obey a subpoena issued by the
has completed the presentation of his evidence, the
commissioner or to give evidence before him, shall be
defendant may move for dismissal on the ground that
deemed a contempt of the court which appointed the
upon the facts and the law the plaintiff has shown no
commissioner. (7a R33)

26
right to relief. If his motion is denied he shall have the motion, by examining the pleadings and the evidence
right to present evidence. If the motion is granted but before it and by interrogating counsel shall ascertain
on appeal the order of dismissal is reversed he shall what material facts exist without substantial
be deemed to have waived the right to present controversy and what are actually and in good faith
evidence. (1a, R35) controverted. It shall thereupon make an order
specifying the facts that appear without substantial
controversy, including the extent to which the amount
of damages or other relief is not in controversy, and
RULE 34 directing such further proceedings in the action as are
just. The facts so specified shall be deemed
established, and the trial shall be conducted on the
Judgment on the Pleadings controverted facts accordingly. (4a, R34)

Section 1. Judgment on the pleadings. — Where an Section 5. Form of affidavits and supporting papers.
answer fails to tender an issue, or otherwise admits — Supporting and opposing affidavits shall be made
the material allegations of the adverse party's on personal knowledge, shall set forth such facts as
pleading, the court may; on motion of that party, would be admissible in evidence, and shall show
direct judgment on such pleading. However, in affirmatively that the affiant is competent to testify to
actions for declaration of nullity or annulment of the matters stated therein. Certified true copies of all
marriage or for legal separation, the material facts papers or parts thereof referred to in the affidavit shall
alleged in the complaint shall always be proved. (1a, be attached thereto or served therewith. (5a, R34)
R19)
Section 6. Affidavits in bad faith. — Should it appear
to its satisfaction at any time that any of the affidavits
presented pursuant to this Rule are presented in bad
RULE 35 faith, or solely for the purpose of delay, the court shall
forthwith order the offending party or counsel to pay
Summary Judgments to the other party the amount of the reasonable
expenses which the filing of the affidavits caused him
Section 1. Summary judgment for claimant. — A to incur including attorney's fees, it may, after hearing
party seeking to recover upon a claim, counterclaim, further adjudge the offending party or counsel guilty
or cross-claim or to obtain a declaratory relief may, at of contempt. (6a, R34)
any time after the pleading in answer thereto has
been served, move with supporting affidavits,
depositions or admissions for a summary judgment in
his favor upon all or any part thereof. (1a, R34) RULE 36

Section 2. Summary judgment for defending party. — Judgments, Final Orders and Entry Thereof
A party against whom a claim, counterclaim, or cross-
claim is asserted or a declaratory relief is sought may, Section 1. Rendition of judgments and final orders.
at any time, move with supporting affidavits, — A judgment or final order determining the merits of
depositions or admissions for a summary judgment in the case shall be in writing personally and directly
his favor as to all or any part thereof. (2a, R34) prepared by the judge, stating clearly and distinctly
the facts and the law on which it is based, signed by
Section 3. Motion and proceedings thereon. — The him, and filed with the clerk of the court. (1a)
motion shall be served at least ten (10) days before
the time specified for the hearing. The adverse party Section 2. Entry of judgments and final orders. — If
may serve opposing affidavits, depositions, or no appeal or motion for new trial or reconsideration is
admissions at least three (3) days before the hearing. filed within the time provided in these Rules, the
After the hearing, the judgment sought shall be judgment or final order shall forthwith be entered by
rendered forthwith if the pleadings, supporting the clerk in the book of entries of judgments. The date
affidavits, depositions, and admissions on file, show of finality of the judgment or final order shall be
that, except as to the amount of damages, there is no deemed to be the date of its entry. The record shall
genuine issue as to any material fact and that the contain the dispositive part of the judgment or final
moving party is entitled to a judgment as a matter of order and shall be signed by the clerk, within a
law. (3a, R34) certificate that such judgment or final order has
become final and executory. (2a, 10, R51)
Section 4. Case not fully adjudicated on motion. — If
on motion under this Rule, judgment is not rendered Section 3. Judgment for or against one or more of
upon the whole case or for all the reliefs sought and a several parties. — Judgment may be given for or
trial is necessary, the court at the hearing of the

27
 against one or more of several plaintiffs and for or which if presented would probably alter the
against one or more of several defendants. When result.
justice so demands, the court may require the parties
on each side to file adversary pleadings as between Within the same period, the aggrieved party may also
themselves and determine their ultimate rights and move for reconsideration upon the grounds that the
obligations. (3) damages awarded are excessive, that the evidence is
insufficient to justify the decision or final order, or that
Section 4. Several judgments. — In an action against the decision or final order is contrary to law. (1a)
several defendants, the court may, when a several
judgment is proper, render judgment against one or Section 2. Contents of motion for new trial or
more of them, leaving the action to proceed against reconsideration and notice thereof. — The motion
the others. (4) shall be made in writing stating the ground or grounds
therefor, a written notice of which shall be served by
Section 5. Separate judgments. — When more than the movant on the adverse party.
one claim for relief is presented in an action, the
court, at any stage, upon a determination of the A motion for new trial shall be proved in the manner
issues material to a particular claim and all provided for proof of motion. A motion for the cause
counterclaims arising out of the transaction or mentioned in paragraph (a) of the preceding section
occurrence which is the subject matter of the claim, shall be supported by affidavits of merits which may
may render a separate judgment disposing of such be rebutted by affidavits. A motion for the cause
claim. The judgment shall terminate the action with mentioned in paragraph (b) shall be supported by
respect to the claim so disposed of and the action affidavits of the witnesses by whom such evidence is
shall proceed as to the remaining claims. In case a expected to be given, or by duly authenticated
separate judgment is rendered the court by order may documents which are proposed to be introduced in
stay its enforcement until the rendition of a evidence.
subsequent judgment or judgments and may
prescribe such conditions as may be necessary to
A motion for reconsideration shall point out a
secure the benefit thereof to the party in whose favor
specifically the findings or conclusions of the
the judgment is rendered. (5a)
judgment or final order which are not supported by
the evidence or which are contrary to law making
Section 6. Judgment against entity without juridical express reference to the testimonial or documentary
personality. — When judgment is rendered against evidence or to the provisions of law alleged to be
two or more persons sued as an entity without contrary to such findings or conclusions.
juridical personality, the judgment shall set out their
individual or proper names, if known. (6a) A pro forma motion for new trial or reconsideration
shall not toll the reglementary period of appeal. (2a)

Section 3. Action upon motion for new trial or

RULE 37 reconsideration. — The trial court may set aside the
judgment or final order and grant a new trial, upon
New Trial or Reconsiderations such terms as may be just, or may deny the motion. If
the court finds that excessive damages have been
Section 1. Grounds of and period for filing motion for awarded or that the judgment or final order is contrary
new trial or reconsideration. — Within the period for to the evidence or law, it may amend such judgment
taking an appeal, the aggrieved party may move the or final order accordingly. (3a)
trial court to set aside the judgment or final order and
grant a new trial for one or more of the following Section 4. Resolution of motion. — A motion for new
causes materially affecting the substantial rights of trial or reconsideration shall be resolved within thirty
said party: (30) days from the time it is submitted for resolution.
(n)
(a) Fraud, accident, mistake or excusable
negligence which ordinary prudence could Section 5. Second motion for new trial. — A motion
not have guarded against and by reason of for new trial shall include all grounds then available
which such aggrieved party has probably and those not so included shall be deemed waived. A
been impaired in his rights; or second motion for new trial, based on a ground not
existing nor available when the first motion was
(b) Newly discovered evidence, which he made, may be filed within the time herein provided
could not, with reasonable diligence, have excluding the time during which the first motion had
discovered and produced at the trial, and been pending.

28
 No party shall be allowed a second motion for preceding sections of this Rule must be verified, filed
reconsideration of a judgment or final order (4a, 4, within sixty (60) days after the petitioner learns of the
IRG) judgment, final order, or other proceeding to be set
aside, and not more than six (6) months after such
Section 6. Effect of granting of motion for new trial. judgment or final order was entered, or such
— If a new trial is granted in accordance with the proceeding was taken, and must be accompanied
provisions of this Rules the original judgment or final with affidavits showing the fraud, accident, mistake,
order shall be vacated, and the action shall stand for or excusable negligence relied upon, and the facts
trial de novo; but the recorded evidence taken upon constituting the petitioner's good and substantial
the former trial, insofar as the same is material and cause of action or defense, as the case may be. (3)
competent to establish the issues, shall be used at
the new trial without retaking the same. (5a) Section 4. Order to file an answer. — If the petition is
sufficient in form and substance to justify relief, the
Section 7. Partial new trial or reconsideration. — If court in which it is filed, shall issue an order requiring
the grounds for a motion under this Rule appear to the adverse parties to answer the same within fifteen
the court to affect the issues as to only a part, or less (15) days from the receipt thereof. The order shall be
than an of the matter in controversy, or only one, or served in such manner as the court may direct,
less than all, of the parties to it, the court may order a together with copies of the petition and the
new trial or grant reconsideration as to such issues if accompanying affidavits. (4a)
severable without interfering with the judgment or
final order upon the rest. (6a) Section 5. Preliminary injunction pending
proceedings. — The court in which the petition is filed
Section 8. Effect of order for partial new trial. — may grant such preliminary injunction as may be
When less than all of the issues are ordered retried, necessary for the preservation of the rights of the
the court may either enter a judgment or final order as parties, upon the filing by the petitioner of a bond in
to the rest, or stay the enforcement of such judgment favor of the adverse party, conditioned that if the
or final order until after the new trial. (7a) petition is dismissed or the petitioner fails on the trial
of the case upon its merits, he will pay the adverse
Section 9. Remedy against order denying a motion party all damages and costs that may be awarded to
for new trial or reconsideration. — An order denying a him by reason of the issuance of such injunction or
motion for new trial or reconsideration is not the other proceedings following the petition, but such
appealed, the remedy being an appeal from the injunction shall not operate to discharge or extinguish
any lien which the adverse party may have acquired
judgment or final order. (n)
upon, the property, of the petitioner. (5a)

Section 6. Proceedings after answer is filed. — After

the filing of the answer or the expiration of the period
RULE 38 therefor, the court shall hear the petition and if after
such hearing, it finds that the allegations thereof are
Relief from Judgments, Orders, or Other not true, the petition shall be dismissed; but if it finds
Proceedings said allegations to be true, it shall set aside the
judgment or final order or other proceeding
Section 1. Petition for relief from judgment, order, or complained of upon such terms as may be just.
other proceedings. — When a judgment or final order Thereafter the case shall stand as if such judgment,
is entered, or any other proceeding is thereafter taken final order or other proceeding had never been
against a party in any court through fraud, accident, rendered, issued or taken. The court shall then
mistake, or excusable negligence, he may file a proceed to hear and determine the case as if a timely
petition in such court and in the same case praying motion for a new trial or reconsideration had been
that the judgment, order or proceeding be set aside. granted by it. (6a)
(2a)
Section 7. Procedure where the denial of an appeal
Section 2. Petition for relief from denial of appeal. — is set aside. — Where the denial of an appeal is set
When a judgment or final order is rendered by any aside, the lower court shall be required to give due
court in a case, and a party thereto, by fraud, course to the appeal and to elevate the record of the
accident, mistake, or excusable negligence, has been appealed case as if a timely and proper appeal had
prevented from taking an appeal, he may file a been made. (7a)
petition in such court and in the same case praying
that the appeal be given due course. (1a)

Section 3. Time for filing petition; contents and RULE 39

verification. — A petition provided for in either of the

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Execution, Satisfaction and Effect of Judgments Section 4. Judgments not stayed by appeal. —
Judgments in actions for injunction, receivership,
Section 1. Execution upon judgments or final orders. accounting and support, and such other judgments as
— Execution shall issue as a matter of right, or are now or may hereafter be declared to be
motion, upon a judgment or order that disposes of the immediately executory, shall be enforceable after
action or proceeding upon the expiration of the period their rendition and shall not, be stayed by an appeal
to appeal therefrom if no appeal has been duly taken therefrom, unless otherwise ordered by the trial
perfected. (1a) court. On appeal therefrom, the appellate court in its
discretion may make an order suspending, modifying,
If the appeal has been duly perfected and finally restoring or granting the injunction, receivership,
resolved, the execution may forthwith be applied for accounting, or award of support.
in the court of origin, on motion of the judgment
obligee, submitting therewith certified true copies of The stay of execution shall be upon such terms as to
the judgment or judgments or final order or orders bond or otherwise as may be considered proper for
sought to be enforced and of the entry thereof, with the security or protection of the rights of the adverse
notice to the adverse party. party. (4a)

The appellate court may, on motion in the same case, Section 5. Effect of reversal of executed judgment.
when the interest of justice so requires, direct the — Where the executed judgment is reversed totally or
court of origin to issue the writ of execution. (n) partially, or annulled, on appeal or otherwise, the trial
court may, on motion, issue such orders of restitution
Section 2. Discretionary execution. — or reparation of damages as equity and justice may
warrant under the circumstances. (5a)
(a) Execution of a judgment or final order
pending appeal. — On motion of the Section 6. Execution by motion or by independent
action. — A final and executory judgment or order
prevailing party with notice to the adverse
may be executed on motion within five (5) years from
party filed in the trial court while it has
the date of its entry. After the lapse of such time, and
jurisdiction over the case and is in
before it is barred by the statute of limitations, a
possession of either the original record or the
record on appeal, as the case may be, at the judgment may be enforced by action. The revived
time of the filing of such motion, said court judgment may also be enforced by motion within five
(5) years from the date of its entry and thereafter by
may, in its discretion, order execution of a
action before it is barred by the statute of limitations.
judgment or final order even before the
(6a)
expiration of the period to appeal.

Section 7. Execution in case of death of party. — In

After the trial court has lost jurisdiction the
case of the death of a party, execution may issue or
motion for execution pending appeal may be
be enforced in the following manner:
filed in the appellate court.

Discretionary execution may only issue upon (a) In case of the death of the judgment
good reasons to be stated in a special order obligee, upon the application of his executor
or administrator, or successor in interest;
after due hearing.

(b) Execution of several, separate or partial (b) In case of the death of the judgment
judgments. — A several, separate or partial obligor, against his executor or administrator
judgment may be executed under the same or successor in interest, if the judgment be for
the recovery of real or personal property, or
terms and conditions as execution of a
the enforcement of a lien thereon;
judgment or final order pending appeal. (2a)

Section 3. Stay of discretionary execution. — (c) In case of the death of the judgment
obligor, after execution is actually levied upon
Discretionary execution issued under the preceding
any of his property, the same may be sold for
section may be stayed upon approval by the proper
the satisfaction of the judgment obligation,
court of a sufficient supersedeas bond filed by the
and the officer making the sale shall account
party against whom it is directed, conditioned upon
the performance of the judgment or order allowed to to the corresponding executor or
be executed in case it shall be finally sustained in administrator for any surplus in his hands.
(7a)
whole or in part. The bond thus given may be
proceeded against on motion with notice to the
surety. (3a ) Section 8. Issuance, form and contents of a writ of
execution. — The writ of execution shall: (1) issue in

30
 the name of the Republic of the Philippines from the sheriff who shall turn over the said amount
court which granted the motion; (2) state the name of within the same day to the clerk of court of
the court, the case number and title, the dispositive the court that issued the writ.
part of the subject judgment or order; and (3) require
the sheriff or other proper officer to whom it is If the judgment obligee or his authorized
directed to enforce the writ according to its terms, in representative is not present to receive
the manner hereinafter provided: payment, the judgment obligor shall deliver
the aforesaid payment to the executing
(a) If the execution be against the property of sheriff. The latter shall turn over all the
the judgment obligor, to satisfy the judgment, amounts coming into his possession within
with interest, out of the real or personal the same day to the clerk of court of the court
property of such judgment obligor; that issued the writ, or if the same is not
practicable, deposit said amounts to a
(b) If it be against real or personal property in fiduciary account in the nearest government
the hands of personal representatives, heirs, depository bank of the Regional Trial Court of
devisees, legatees, tenants, or trustees of the the locality.
judgment obligor, to satisfy the judgment,
with interest, out of such property; The clerk of said court shall thereafter
arrange for the remittance of the deposit to
(c) If it be for the sale of real or personal the account of the court that issued the writ
property to sell such property describing it, whose clerk of court shall then deliver said
and apply the proceeds in conformity with the payment to the judgment obligee in
judgment, the material parts of which shall be satisfaction of the judgment. The excess, if
recited in the writ of execution; any, shall be delivered to the judgment
obligor while the lawful fees shall be retained
(d) If it be for the delivery of the possession of by the clerk of court for disposition as
provided by law. In no case shall the
real or personal property, to deliver the
executing sheriff demand that any payment
possession of the same, describing it, to the
by check be made payable to him.
party entitled thereto, and to satisfy any
costs, damages, rents, or profits covered by
the judgment out of the personal property of (b) Satisfaction by levy. — If the judgment
the person against whom it was rendered, obligor cannot pay all or part of the obligation
and if sufficient personal property cannot be in cash, certified bank check or other mode of
found, then out of the real property; and payment acceptable to the judgment obligee,
the officer shall levy upon the properties of
(e) In all cases, the writ of execution shall the judgment obligor of every kind and nature
specifically state the amount of the interest, whatsoever which may be disposed, of for
value and not otherwise exempt from
costs, damages, rents, or profits due as of
execution giving the latter the option to
the date of the issuance of the writ, aside
immediately choose which property or part
from the principal obligation under the
thereof may be levied upon, sufficient to
judgment. For this purpose, the motion for
execution shall specify the amounts of the satisfy the judgment. If the judgment obligor
foregoing reliefs sought by the movant.(8a) does not exercise the option, the officer shall
first levy on the personal properties, if any,
and then on the real properties if the personal
Section 9. Execution of judgments for money, how properties are insufficient to answer for the
enforced. — judgment.

(a) Immediate payment on demand. — The The sheriff shall sell only a sufficient portion
officer shall enforce an execution of a of the personal or real property of the
judgment for money by demanding from the judgment obligor which has been levied
judgment obligor the immediate payment of upon.
the full amount stated in the writ of execution
and all lawful fees. The judgment obligor shall
When there is more property of the judgment
pay in cash, certified bank check payable to
obligor than is sufficient to satisfy the
the judgment obligee, or any other form of
judgment and lawful fees, he must sell only
payment acceptable to the latter, the amount
of the judgment debt under proper receipt so much of the personal or real property as is
directly to the judgment obligee or his sufficient to satisfy the judgment and lawful
fees.
authorized representative if present at the
time of payment. The lawful fees shall be
handed under proper receipt to the executing

31
 Real property, stocks, shares, debts, credits, cost of the disobedient party by some other
and other personal property, or any interest in person appointed by the court and the act
either real or personal property, may be when so done shall have like effect as if done
levied upon in like manner and with like effect by the party. If real or personal property is
as under a writ of attachment. situated within the Philippines, the court in
lieu of directing a conveyance thereof may by
(c) Garnishment of debts and credits. — The an order divest the title of any party and vest
officer may levy on debts due the judgment it in others, which shall have the force and
obligor and other credits, including bank effect of a conveyance executed in due form
deposits, financial interests, royalties, of law. (10a)
commissions and other personal property not
capable of manual delivery in the possession (b) Sale of real or personal property. — If the
or control of third parties. Levy shall be made judgment be for the sale of real or personal
by serving notice upon the person owing property, to sell such property, describing it,
such debts or having in his possession or and apply the proceeds in conformity with the
control such credits to which the judgment judgment. (8[c]a)
obligor is entitled. The garnishment shall
cover only such amount as will satisfy the (c) Delivery or restitution of real property. —
judgment and all lawful fees. The officer shall demand of the person
against whom the judgment for the delivery or
The garnishee shall make a written report to restitution of real property is rendered and all
the court within five (5) days from service of persons claiming rights under him to
the notice of garnishment stating whether or peaceably vacate the property within three
not the judgment obligor has sufficient funds (3) working days, and restore possession
or credits to satisfy the amount of the thereof to the judgment obligee, otherwise,
judgment. If not, the report shall state how the officer shall oust all such persons
much funds or credits the garnishee holds for therefrom with the assistance, if necessary,
the judgment obligor. The garnished amount of appropriate peace officers, and employing
in cash, or certified bank check issued in the such means as may be reasonably
name of the judgment obligee, shall be necessary to retake possession, and place
delivered directly to the judgment obligee the judgment obligee in possession of such
within ten (10) working days from service of property. Any costs, damages, rents or profits
notice on said garnishee requiring such awarded by the judgment shall be satisfied in
delivery, except the lawful fees which shall be the same manner as a judgment for money.
paid directly to the court. (13a)

In the event there are two or more garnishees (d) Removal of improvements on property
holding deposits or credits sufficient to satisfy subject of execution. — When the property
the judgment, the judgment obligor, if subject of the execution contains
available, shall have the right to indicate the improvements constructed or planted by the
garnishee or garnishees who shall be judgment obligor or his agent, the officer shall
required to deliver the amount due, not destroy, demolish or remove said
otherwise, the choice shall be made by the improvements except upon special order of
judgment obligee. the court, issued upon motion of the
judgment obligee after the hearing and after
The executing sheriff shall observe the same the former has failed to remove the same
procedure under paragraph (a) with respect within a reasonable time fixed by the court.
to delivery of payment to the judgment (14a)
obligee. (8a, 15a)
(e) Delivery of personal property. — In
Section 10. Execution of judgments for specific act. judgment for the delivery of personal
— property, the officer shall take possession of
the same and forthwith deliver it to the party
(a) Conveyance, delivery of deeds, or other entitled thereto and satisfy any judgment for
specific acts; vesting title. — If a judgment money as therein provided. (8a)
directs a party to execute a conveyance of
land or personal property, or to deliver deeds Section 11. Execution of special judgments. — When
or other documents, or to perform, any other a judgment requires the performance of any act other
specific act in connection therewith, and the than those mentioned in the two preceding sections,
party fails to comply within the time specified, a certified copy of the judgment shall be attached to
the court may direct the act to be done at the the writ of execution and shall be served by the officer

32
 upon the party against whom the same is rendered, personal services within the four months
or upon any other person required thereby, or by law, preceding the levy as are necessary for the
to obey the same, and such party or person may be support of his family;
punished for contempt if he disobeys such judgment.
(9a) (j) Lettered gravestones;

Section 12. Effect of levy on execution as to third (k) Monies, benefits, privileges, or annuities
person. — The levy on execution shall create a lien in accruing or in any manner growing out of any
favor of the judgment obligee over the right, title and life insurance;
interest of the judgment obligor in such property at
the time of the levy, subject to liens and
(l) The right to receive legal support, or
encumbrances then existing. (16a)
money or property obtained as such support,
or any pension or gratuity from the
Section 13. Property exempt from execution. — Government;
Except as otherwise expressly provided by law, the
following property, and no other, shall be exempt from
(m) Properties specially exempted by law.
execution:
But no article or species of property mentioned in this
(a) The judgment obligor's family home as section shall be exempt from execution issued upon a
provided by law, or the homestead in which judgment recovered for its price or upon a judgment
he resides, and land necessarily used in
of foreclosure of a mortgage thereon. (12a)
connection therewith;
Section 14. Return of writ of execution. — The writ of
(b) Ordinary tools and implements personally execution shall be returnable to the court issuing it
used by him in his trade, employment, or immediately after the judgment has been satisfied in
livelihood;
part or in full. If the judgment cannot be satisfied in
full within thirty (30) days after his receipt of the writ,
(c) Three horses, or three cows, or three the officer shall report to the court and state the
carabaos, or other beasts of burden, such as reason therefor. Such writ shall continue in effect
the judgment obligor may select necessarily during the period within which the judgment may be
used by him in his ordinary occupation; enforced by motion. The officer shall make a report to
the court every thirty (30) days on the proceedings
(d) His necessary clothing and articles for taken thereon until the judgment is satisfied in full, or
ordinary personal use, excluding jewelry; its effectivity expires. The returns or periodic reports
shall set forth the whole of the proceedings taken,
(e) Household furniture and utensils and shall be filed with the court and copies thereof
necessary for housekeeping, and used for promptly furnished the parties. (11a)
that purpose by the judgment obligor and his
family, such as the judgment obligor may Section 15. Notice of sale of property on execution.
select, of a value not exceeding one hundred — Before the sale of property on execution, notice
thousand pesos; thereof must be given as follows:

(f) Provisions for individual or family use (a) In case of perishable property, by posting
sufficient for four months; written notice of the time and place of the
sale in three (3) public places, preferably in
(g) The professional libraries and equipment conspicuous areas of the municipal or city
of judges, lawyers, physicians, pharmacists, hall, post office and public market in the
dentists, engineers, surveyors, clergymen, municipality or city where the sale is to take
teachers, and other professionals, not place, for such time as may be reasonable,
exceeding three hundred thousand pesos in considering the character and condition of the
value; property;

(h) One fishing boat and accessories not (b) In case of other personal property, by
exceeding the total value of one hundred posting a similar notice in the three (3) public
thousand pesos owned by a fisherman and places above-mentioned for not less than five
by the lawful use of which he earns his (5) days;
livelihood;
(c) In case of real property, by posting for
(i) So much of the salaries, wages, or twenty (20) days in the three (3) public places
earnings of the judgment obligor for his abovementioned a similar notice particularly

33
 describing the property and stating where the separate action, or prevent the judgment obligee from
property is to be sold, and if the assessed claiming damages in the same or a separate action
value of the property exceeds fifty thousand against a third-party claimant who filed a frivolous or
(P50,000.00) pesos, by publishing a copy of plainly spurious claim.
the notice once a week for two (2)
consecutive weeks in one newspaper When the writ of execution is issued in favor of the
selected by raffle, whether in English, Republic of the Philippines, or any officer duly
Filipino, or any major regional language representing it, the filing of such bond shall not be
published, edited and circulated or, in the required, and in case the sheriff or levying officer is
absence thereof, having general circulation in sued for damages as a result of the levy, he shall be
the province or city; represented by the Solicitor General and if held liable
therefor, the actual damages adjudged by the court
(d) In all cases, written notice of the sale shall shall be paid by the National Treasurer out of such
be given to the judgment obligor, at least funds as may be appropriated for the purpose. (17a)
three (3) days before the sale, except as
provided in paragraph (a) hereof where Section 17. Penalty for selling without notice, or
notice shall be given the same manner as removing or defacing notice. — An officer selling
personal service of pleadings and other without the notice prescribed by section 15 of this
papers as provided by section 6 of Rule 13. Rule shall be liable to pay punitive damages in the
amount of five thousand (P5,000.00) pesos to any
The notice shall specify the place, date and exact person injured thereby, in addition to his actual
time of the sale which should not be earlier than nine damages, both to be recovered by motion in the
o'clock in the morning and not later than two o'clock same action; and a person willfully removing or
in the afternoon. The place of the sale may be agreed defacing the notice posted, if done before the sale, or
upon by the parties. In the absence of such before the satisfaction of the judgment if it be satisfied
agreement, the sale of the property or personal before the sale, shall be liable to pay five thousand
property not capable of manual delivery shall be held (P5,000.00) pesos to any person injured by reason
in the office of the clerk of court of the Regional Trial thereof, in addition to his actual damages, to be
Court or the Municipal Trial Court which issued the recovered by motion in the same action. (19a)
writ of or which was designated by the appellate
court. In the case of personal property capable of Section 18. No sale if judgment and costs paid. — At
manual delivery, the sale shall be held in the place any time before the sale of property on execution, the
where the property is located. (18a) judgment obligor may prevent the sale by paying the
amount required by the execution and the costs that
Section 16. Proceedings where property claimed by have been incurred therein. (20a)
third person. — If the property levied on is claimed by
any person other than the judgment obligor or his Section 19. How property sold on execution; who
agent, and such person makes an affidavit of his title may direct manner and order of sale. — All sales of
thereto or right to the possession thereof, stating the property under execution must be made at public
grounds of such right or title, and serves the same auction, to the highest bidder, to start at the exact
upon the officer making the levy and copy thereof, time fixed in the notice. After sufficient property has
stating the grounds of such right or tittle, and a serves been sold to satisfy the execution, no more shall be
the same upon the officer making the levy and a copy sold and any excess property or proceeds of the sale
thereof upon the judgment obligee, the officer shall shall be promptly delivered to the judgment obligor or
not be bound to keep the property, unless such his authorized representative, unless otherwise
judgment obligee, on demand of the officer, files a directed by the judgment or order of the court. When
bond approved by the court to indemnity the third- the sale is of real property, consisting of several
party claimant in a sum not less than the value of the known lots, they must be sold separately; or, when a
property levied on. In case of disagreement as to portion of such real property is claimed by a third
such value, the same shall be determined by the person, he may require it to be sold separately. When
court issuing the writ of execution. No claim for the sale is of personal property capable of manual
damages for the taking or keeping of the property delivery, it must be sold within view of those attending
may be enforced against the bond unless the action the same and in such parcels as are likely to bring the
therefor is filed within one hundred twenty (120) days highest price. The judgment obligor, if present at the
from the date of the filing of the bond. sale, may direct the order in which property, real or
personal shall be sold, when such property consists
The officer shall not be liable for damages for the of several known lots or parcels which can be sold to
taking or keeping of the property, to any third-party advantage separately. Neither the officer conducting
claimant if such bond is filed. Nothing herein the execution sale, nor his deputies, can become a
contained shall prevent such claimant or any third purchaser, nor be interested directly or indirectly in
person from vindicating his claim to the property in a any purchase at such sale. (21a)

34
 Section 20. Refusal of purchaser to pay. — If a (a) A particular description of the real
purchaser refuses to pay the amount bid by him for property sold;
property struck off to him at a sale under execution,
the officer may again sell the property to the highest (b) The price paid for each distinct lot or
bidder and shall not be responsible for any loss parcel;
occasioned thereby; but the court may order the
refusing purchaser to pay into the court the amount of
(c) The whole price paid by him;
such loss, with costs, and may punish him for
contempt if he disobeys the order. The amount of
such payment shall be for the benefit of the person (d) A statement that the right of redemption
entitled to the proceeds of the execution, unless the expires one (1) year from the date of the
execution has been fully satisfied, in which event registration of the certificate of sale.
such proceeds shall be for the benefit of the judgment
obligor. The officer may thereafter reject any Such certificate must be registered in the registry of
subsequent bid of such purchaser who refuses to deeds of the place where the property is situated. (27
pay. (22a) a)

Section 21. Judgment obligee as purchaser. — Section 26. Certificate of sale where property
When the purchaser is the judgment obligee, and no claimed by third person. — When a property sold by
third-party claim has been filed, he need not pay the virtue of a writ of execution has been claimed by a
amount of the bid if it does not exceed the amount of third person, the certificate of sale to be issued by the
his judgment. If it does, he shall pay only the excess. sheriff pursuant to sections 23, 24 and 25 of this Rule
(23a) shall make express mention of the existence of such
third-party claim. (28a)
Section 22. Adjournment of sale. — By written
consent of the judgment obligor and obligee, or their Section 27. Who may redeem real property so sold.
duly authorized representatives, the officer may — Real property sold as provided in the last
adjourn the sale to any date and time agreed upon by preceding section, or any part thereof sold separately,
them. Without such agreement, he may adjourn the may be redeemed in the manner hereinafter
sale from day to day if it becomes necessary to do so provided, by the following persons:
for lack of time to complete the sale on the day fixed
in the notice or the day to which it was adjourned. (a) The judgment obligor; or his successor in
(24a) interest in the whole or any part of the
property;
Section 23. Conveyance to purchaser of personal
property capable of manual delivery. — When the (b) A creditor having a lien by virtue of an
purchaser of any personal property, capable of attachment, judgment or mortgage on the
manual delivery, pays the purchase price, the officer property sold, or on some part thereof,
making the sale must deliver the property to the subsequent to the lien under which the
purchaser and, if desired, execute and deliver to him property was sold. Such redeeming creditor
a certificate of sale. The sale conveys to the is termed a redemptioner. (29a)
purchaser all the rights which the judgment obligor
had in such property as of the date of the levy on Section 28. Time and manner of, and amounts
execution or preliminary attachment. (25a) payable on, successive redemptions; notice to be
given and filed. — The judgment obligor, or
Section 24. Conveyance to purchaser of personal redemptioner, may redeem the property from the
property not capable of manual delivery. — When the purchaser, at any time within one (1) year from the
purchaser of any personal property, not capable of date of the registration of the certificate of sale, by
manual delivery, pays the purchase price, the officer paying the purchaser the amount of his purchase,
making the sale must execute and deliver to the with the per centum per month interest thereon in
purchaser a certificate of sale. Such certificate addition, up to the time of redemption, together with
conveys to the purchaser all the rights which the the amount of any assessments or taxes which the
judgment obligor had in such property as of the date purchaser may have paid thereon after purchase, and
of the levy on execution or preliminary attachment. interest on such last named amount at the same rate;
(26a) and if the purchaser be also a creditor having a prior
lien to that of the redemptioner, other than the
Section 25. Conveyance of real property; certificate judgment under which such purchase was made, the
thereof given to purchaser and filed with registry of amount of such other lien, with interest.
deeds. — Upon a sale of real property, the officer
must give to the purchaser a certificate of sale Property so redeemed may again be redeemed within
containing: sixty (60) days after the last redemption upon

35
 payment of the sum paid on the last redemption, with executed by him or his agent, showing the amount
two per centum thereon in addition and the amount of then actually due on the lien. (32a)
any assessments or taxes which the last
redemptioner may have paid thereon after Section 31. Manner of using premises pending
redemption by him, with interest on such last named redemption; waste restrained. — Until the expiration
amount, and in addition, the amount of any liens held of the time allowed for redemption, the court may, as
by said last redemptioner prior to his own, with in other proper cases, restrain the commission of
interest. The property may be again, and as often as waste on the property by injunction, on the application
a redemptioner is so disposed, redeemed from any of the purchaser or the judgment obligee, with or
previous redemptioner within sixty (60) days after the without notice; but it is not waste for a person in
last redemption, on paying the sum paid on the last possession of the property at the time of the sale, or
previous redemption, with two per centum thereon in entitled to possession afterwards, during the period
addition, and the amounts of any assessments or allowed for redemption, to continue to use it in the
taxes which the last previous redemptioner paid after same manner in which it was previously used, or to
the redemption thereon, with interest thereon, and the use it in the ordinary course of husbandry; or to make
amount of any liens held by the last redemptioner the necessary repairs to buildings thereon while he
prior to his own, with interest. occupies the property. (33a)

Written notice of any redemption must be given to the Section 32. Rents, earnings and income of property
officer who made the sale and a duplicate filed with pending redemption. — The purchaser or a
the registry of deeds of the place, and if any redemptioner shall not be entitled to receive the rents,
assessments or taxes are paid by the redemptioner earnings and income of the property sold on
or if he has or acquires any lien other than that upon execution, or the value of the use and occupation
which the redemption was made, notice thereof must thereof when such property is in the possession of a
in like manner be given to the officer and filed with the tenant. All rents, earnings and income derived from
registry of deeds; if such notice be not filed, the the property pending redemption shall belong to the
property may be redeemed without paying such judgment obligor until the expiration of his period of
assessments, taxes, or liens. (30a) redemption. (34a)

Section 29. Effect of redemption by judgment Section 33. Deed and possession to be given at
obligor, and a certificate to be delivered and recorded expiration of redemption period; by whom executed or
thereupon; to whom payments on redemption made. given. — If no redemption be made within one (1)
— If the judgment obligor redeems he must make the year from the date of the registration of the certificate
same payments as are required to effect a of sale, the purchaser is entitled to a conveyance and
redemption by a redemptioner, whereupon, no further possession of the property; or, if so redeemed
redemption shall be allowed and he is restored to his whenever sixty (60) days have elapsed and no other
estate. The person to whom the redemption payment redemption has been made, and notice thereof given,
is made must execute and deliver to him a certificate and the time for redemption has expired, the last
of redemption acknowledged before a notary public or redemptioner is entitled to the conveyance and
other officer authorized to take acknowledgments of possession; but in all cases the judgment obligor shall
conveyances of real property. Such certificate must have the entire period of one (1) year from the date of
be filed and recorded in the registry of deeds of the the registration of the sale to redeem the property.
place in which the property is situated and the The deed shall be executed by the officer making the
registrar of deeds must note the record thereof on the sale or by his successor in office, and in the latter
margin of the record of the certificate of sale. The case shall have the same validity as though the
payments mentioned in this and the last preceding officer making the sale had continued in office and
sections may be made to the purchaser or executed it.
redemptioner, or for him to the officer who made the
sale. (31a) Upon the expiration of the right of redemption, the
purchaser or redemptioner shall be substituted to and
Section 30. Proof required of redemptioner. — A acquire all the rights, title, interest and claim of the
redemptioner must produce to the officer, or person judgment obligor to the property as of the time of the
from whom he seeks to redeem, and serve with his levy. The possession of the property shall be given to
notice to the officer a copy of the judgment or final the purchaser or last redemptioner by the same
order under which he claims the right to redeem, officer unless a third party adversely to the judgment
certified by the clerk of the court wherein the obligor. (35a)
judgment or final order is entered, or, if he redeems
upon a mortgage or other lien, a memorandum of the Section 34. Recovery of price if sale not
record thereof, certified by the registrar of deeds, or effective; revival of judgment. — If the purchaser of
an original or certified copy of any assignment real property sold on execution, or his successor in
necessary to establish his claim; and an affidavit
interest, fails to recover the possession thereof, or is

36
 evicted therefrom, in consequence of irregularities in such debtor resides or is found, and be examined
the proceedings concerning the sale, or because the concerning the same. The service of the order shall
judgment has been reversed or set aside, or because bind all credits due the judgment obligor and all
the property sold was exempt from execution, or money and property of the judgment obligor in the
because a third person has vindicated his claim to the possession or in the control of such person
property, he may on motion in the same action or in a corporation, or juridical entity from the time of service;
separate action recover from the judgment obligee and the court may also require notice of such
the price paid, with interest, or so much thereof as proceedings to be given to any party to the action in
has not been delivered to the judgment obligor, or he such manner as it may deem proper. (39a)
may, on motion, have the original judgment revived in
his name for the whole price with interest, or so much Section 38. Enforcement of attendance and conduct
thereof as has been delivered to the judgment of examination. — A party or other person may be
obligor. The judgment so revived shall have the same compelled, by an order or subpoena, to attend before
force and effect as an original judgment would have the court or commissioner to testify as provided in the
as of the date of the revival and no more. (36a) two preceding sections, and upon failure to obey such
order or subpoena or to be sworn, or to answer as a
Section 35. Right to contribution or reimbursement. witness or to subscribe his deposition, may be
— When property liable to an execution against punished for contempt as in other cases.
several persons is sold thereon, and more than a due Examinations shall not be unduly prolonged, but the
proportion of the judgment is satisfied out of the proceedings may be adjourned from time to time, until
proceeds of the sale of the property of one of them, or they are completed. If the examination is before a
one of them pays, without a sale, more than his commissioner, he must take it in writing and certify it
proportion, he may compel a contribution from the to the court. All examinations and answers before a
others; and when a judgment is upon an obligation of court commissioner must be under oath, and when a
one of them, as security for another, and the surety corporation or other juridical entity answers, it must
pays the amount, or any part thereof, either by sale of be on the oath of an authorized officer or agent
his property or before sale, he may compel thereof. (40a)
repayment from the principal. (37a)
Section 39. Obligor may pay execution against
Section 36. Examination of judgment obligor when obligee. — After a writ of execution against property
judgment unsatisfied. — When the return of a writ of has been issued, a person indebted to the judgment
execution issued against property of a judgment obligor may pay to the sheriff holding the writ of
obligor, or any one of several obligors in the same execution the amount of his debt or so much thereof
judgment, shows that the judgment remains as may be necessary to satisfy the judgment, in the
unsatisfied, in whole or in part, the judgment obligee, manner prescribed in section 9 of this Rule, and the
at any time after such return is made, shall be entitled sheriff's receipt shall be a sufficient discharge for the
to an order from the court which rendered the said amount so paid or directed to be credited by the
judgment, requiring such judgment obligor to appear judgment obligee on the execution. (41a)
and be examined concerning his property and income
before such court or before a commissioner Section 40. Order for application of property and
appointed by it at a specified time and place; and income to satisfaction of judgment. — The court may
proceedings may thereupon be had for the order any property of the judgment obligor, or money
application of the property and income of the due him, not exempt from execution, in the hands of
judgment obligor towards the satisfaction of the either himself or another person, or of a corporation
judgment. But no judgment obligor shall be so or other juridical entity, to be applied to the
required to appear before a court or commissioner satisfaction of the judgment, subject to any prior
outside the province or city in which such obligor rights over such property.
resides or is found. (38a)
If, upon investigation of his current income and
Section 37. Examination of obligor of judgment expenses, it appears that the earnings of the
obligor. — When the return of a writ of execution judgment obligor for his personal services are more
against the property of a judgment obligor shows that than necessary for the support of his family, the court
the judgment remain unsatisfied, in whole or in part, may order that he pay the judgment in fixed monthly
and upon proof to the satisfaction of the court which installments, and upon his failure to pay any such
issued the writ, that a person, corporation, or other installment when due without good excuse, may
juridical entity has property of such judgment obligor punish him for indirect contempt. (42a)
or is indebted to him, the court may, by an order,
require such person, corporation, or other juridical Section 41. Appointment of receiver. — The court
entity, or any officer, or member thereof, to appear may appoint a receiver of the property of the
before the court or a commissioner appointed by it, at judgment obligor; and it may also forbid a transfer or
a time and place within the province or city where
other disposition of, or any interference with, the

37
 property of the judgment obligor not exempt from against a party who stands as surety for another, the
execution. (43a) latter is also bound from the time that he has notice of
the action or proceeding, and an opportunity at the
Section 42. Sale of ascertainable interest of surety's request to join in the defense. (48a)
judgment obligor in real estate. — If it appears that
the judgment obligor has an interest in real estate in Section 47. Effect of judgments or final orders. —
the place in which proceedings are had, as mortgagor The effect of a judgment or final order rendered by a
or mortgagee or other- wise, and his interest therein court of the Philippines, having jurisdiction to
can be ascertained without controversy the receiver pronounce the judgment or final order, may be as
may be ordered to sell and convey such real estate or follows:
the interest of the obligor therein; and such sale shall
be conducted in all respects in the same manner as is (a) In case of a judgment or final order
provided for the sale of real state upon execution, and against a specific thing, or in respect to the
the proceedings thereon shall be approved by the probate of a will, or the administration of the
court before the execution of the deed. (34a) estate of a deceased person, or in respect to
the personal, political, or legal condition or
Section 43. Proceedings when indebtedness denied status of a particular person or his
or another person claims the property. — If it appears relationship to another, the judgment or final
that a person or corporation, alleged to have property order is conclusive upon the title to the thing,
of the judgment obligor or to be indebted to him, the will or administration or the condition,
claims an interest in the property adverse to him or status or relationship of the person, however,
denied the debt, the court may authorize, by an order the probate of a will or granting of letters of
made to that effect, the judgment obligee to institute administration shall only be prima
an action against such person or corporation for the facie evidence of the death of the testator or
recovery of such interest or debt, forbid a transfer or intestate;
other disposition of such interest or debt within one
hundred twenty (120) days from notice of the order, (b) In other cases, the judgment or final order
and may punish disobedience of such order as for is, with respect to the matter directly
contempt. Such order may be modified or vacated at adjudged or as to any other matter that could
any time by the court which issued it, or by the court have been missed in relation thereto,
in which the action is brought, upon such terms as conclusive between the parties and their
may be just. (45a) successors in interest, by title subsequent to
the commencement of the action or special
Section 44. Entry of satisfaction of judgment by clerk proceeding, litigating for the same thing and
of court. — Satisfaction of a judgment shall be under the same title and in the same
entered by the clerk of court in the court docket, and capacity; and
in the execution book, upon the return of a writ of
execution showing the full satisfaction of the (c) In any other litigation between the same
judgment, or upon the filing of an admission to the parties or their successors in interest, that
satisfaction of the judgment executed and only is deemed to have been adjudged in a
acknowledged in the same manner as a conveyance former judgment or final order which appears
of real property by the judgment obligee or by his upon its face to have been so adjudged, or
counsel unless a revocation of his authority is filed, or which was actually and necessarily included
upon the endorsement of such admission by the therein or necessary thereto. (49a)
judgment obligee or his counsel, on the face of the
record of the judgment. (46a) Section 48. Effect of foreign judgments or final
orders. — The effect of a judgment or final order of a
Section 45. Entry of satisfaction with or without tribunal of a foreign country, having jurisdiction to
admission. — Whenever a judgment is satisfied in render the judgment or final order is as follows:
fact, or otherwise than upon an execution on demand
of the judgment obligor, the judgment obligee or his
(a) In case of a judgment or final order upon
counsel must execute and acknowledge, or indorse a specific thing, the judgment or final order, is
an admission of the satisfaction as provided in the conclusive upon the title to the thing, and
last preceding section, and after notice and upon
motion the court may order either the judgment
obligee or his counsel to do so, or may order the (b) In case of a judgment or final order
entry of satisfaction to be made without such against a person, the judgment or final order
admission. (47a) is presumptive evidence of a right as
between the parties and their successors in
interest by a subsequent title.
Section 46. When principal bound by judgment
against surety. — When a judgment is rendered

38
 In either case, the judgment or final order may be be governed by the provisions of section 9, Rule 41.
repelled by evidence of a want of jurisdiction, want of (n)
notice to the party, collusion, fraud, or clear mistake
of law or fact. (50a) Section 5. Appellate court docket and other lawful
fees. — Within the period for taking an appeal, the
appellant shall pay to the clerk of the court which
rendered the judgment or final order appealed from
Appeals the full amount of the appellate court docket and
other lawful fees. Proof of payment thereof shall be
transmitted to the appellate court together with the
original record or the record on appeal, as the case
may be. (n)
RULE 40
Section 6. Duty of the clerk of court. — Within fifteen
Appeal From Municipal Trial Courts to the (15) days from the perfection of the appeal, the clerk
Regional Trial Courts of court or the branch clerk of court of the lower court
shall transmit the original record or the record on
Section 1. Where to appeal. — An appeal from a appeal, together with the transcripts and exhibits,
judgment or final order of a Municipal Trial Court may which he shall certify as complete, to the proper
be taken to the Regional Trial Court exercising Regional Trial Court. A copy of his letter of transmittal
jurisdiction over the area to which the former pertains. of the records to the appellate court shall be furnished
The title of the case shall remain as it was in the court the parties. (n)
of origin, but the party appealing the case shall be
further referred to as the appellant and the adverse Section 7. Procedure in the Regional Trial Court. —
party as the appellee. (a)
(a) Upon receipt of the complete record or the
Section 2. When to appeal. — An appeal may be record on appeal, the clerk of court of the
taken within fifteen (15) days after notice to the Regional Trial Court shall notify the parties of
appellant of the judgment or final order appealed such fact.
from. Where a record on appeal is required, the
appellant shall file a notice of appeal and a record on
(b) Within fifteen (15) days from such notice,
appeal within thirty (30) days after notice of the
it shall be the duty of the appellant to submit
judgment or final order.
a memorandum which shall briefly discuss
the errors imputed to the lower court, a copy
The period of appeal shall be interrupted by a timely of which shall be furnished by him to the
motion for new trial or reconsideration. No motion for adverse party. Within fifteen (15) days from
extension of time to file a motion for new trial or receipt of the appellant's memorandum, the
reconsideration shall be allowed. (n) appellee may file his memorandum. Failure of
the appellant to file a memorandum shall be a
Section 3. How to appeal. — The appeal is taken by ground for dismissal of the appeal.
filing a notice of appeal with the court that rendered
the judgment or final order appealed from. The notice (c) Upon the filing of the memorandum of the
of appeal shall indicate the parties to the appeal, the appellee, or the expiration of the period to do
judgment or final order or part thereof appealed from, so, the case shall be considered submitted
and state the material dates showing the timeliness of for decision. The Regional Trial Court shall
the appeal. decide the case on the basis of the entire
record of the proceedings had in the court of
A record on appeal shall be required only in special original and such memoranda as are filed. (n)
proceedings and in other cases of multiple or
separate appeals. Section 8. Appeal from orders dismissing case
without trial; lack of jurisdiction. — If an appeal is
The form and contents of the record on appeal shall taken from an order of the lower court dismissing the
be as provided in section 6, Rule 41. case without a trial on the merits, the Regional Trial
Court may affirm or reverse it, as the case may be. In
Copies of the notice of appeal, and the record on case of affirmance and the ground of dismissal is lack
appeal where required, shall be served on the of jurisdiction over the subject matter, the Regional
adverse party. (n) Trial Court, if it has jurisdiction thereover, shall try the
case on the merits as if the case was originally filed
Section 4. Perfection of appeal; effect thereof. — The with it. In case of reversal, the case shall be
perfection of the appeal and the effect thereof shall remanded for further proceedings.

39
If the case was tried on the merits by the lower court In all the above instances where the judgment or final
without jurisdiction over the subject matter, the order is not appealable, the aggrieved party may file
Regional Trial Court on appeal shall not dismiss the an appropriate special civil action under Rule 65. (n)
case if it has original jurisdiction thereof, but shall
decide the case in accordance with the preceding Section 2. Modes of appeal. —
section, without prejudice to the admission of
amended pleadings and additional evidence in the (a) Ordinary appeal. — The appeal to the
interest of justice. (n)
Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its
Section 9. Applicability of Rule 41. — The other original jurisdiction shall be taken by filing a
provisions of Rule 41 shall apply to appeals provided notice of appeal with the court which
for herein insofar as they are not inconsistent with or rendered the judgment or final order
may serve to supplement the provisions of this Rule. appealed from and serving a copy thereof
(n) upon the adverse party. No record on appeal
shall be required except in special
proceedings and other cases of multiple or
separate appeals where law on these Rules
RULE 41 so require. In such cases, the record on
appeal shall be filed and served in like
Appeal From The Regional Trial Courts manner.

(b) Petition for review. — The appeal to the

Section 1. Subject of appeal. — An appeal may be
Court of Appeals in cases decided by the
taken from a judgment or final order that completely
Regional Trial Court in the exercise of its
disposes of the case, or of a particular matter therein
when declared by these Rules to be appealable. appellate jurisdiction shall be by petition for
review in accordance with Rule 42.
No appeal may be taken from:
(c) Appeal by certiorari. — In all cases where
only questions of law are raised or involved,
(a) An order denying a motion for new trial or the appeal shall be to the Supreme Court by
reconsideration; petition for review on certiorari in accordance
with the Rule 45. (n)
(b) An order denying a petition for relief or
any similar motion seeking relief from Section 3. Period of ordinary appeal. — The appeal
judgment; shall be taken within fifteen (15) days from notice of
the judgment or final order appealed from. Where a
(c) An interlocutory order; record on appeal is required, the appellant shall file a
notice of appeal and a record on appeal within thirty
(d) An order disallowing or dismissing an (30) days from notice of the judgment or final order.
appeal;
The period of appeal shall be interrupted by a timely
(e) An order denying a motion to set aside a motion for new trial or reconsideration. No motion for
judgment by consent, confession or extension of time to file a motion for new trial or
compromise on the ground of fraud, mistake reconsideration shall be allowed. (n)
or duress, or any other ground vitiating
consent; Section 4. Appellate court docket and other lawful
fees. — Within the period for taking an appeal, the
(f) An order of execution; appellant shall pay to the clerk of the court which
rendered the judgment or final order appealed from,
(g) A judgment or final order for or against the full amount of the appellate court docket and
one or more of several parties or in separate other lawful fees. Proof of payment of said fees shall
claims, counterclaims, cross-claims and third- be transmitted to the appellate court together with the
party complaints, while the main case is original record or the record on appeal. (n)
pending, unless the court allows an appeal
therefrom; and Section 5. Notice of appeal. — The notice of appeal
shall indicate the parties to the appeal, specify the
(h) An order dismissing an action without judgment or final order or part thereof appealed from,
prejudice. specify the court to which the appeal is being taken,
and state the material dates showing the timeliness of
the appeal. (4a)

40
 Section 6. Record on appeal; form and contents In appeals by notice of appeal, the court loses
thereof. — The full names of all the parties to the jurisdiction over the case upon the perfection of the
proceedings shall be stated in the caption of the appeals filed in due time and the expiration of the
record on appeal and it shall include the judgment or time to appeal of the other parties.
final order from which the appeal is taken and, in
chronological order, copies of only such pleadings, In appeals by record on appeal, the court loses
petitions, motions and all interlocutory orders as are jurisdiction only over the subject matter thereof upon
related to the appealed judgment or final order for the the approval of the records on appeal filed in due time
proper understanding of the issue involved, together and the expiration of the appeal of the other parties.
with such data as will show that the appeal was
perfected on time. If an issue of fact is to be raised on In either case, prior to the transmittal of the original
appeal, the record on appeal shall include by
record or the record on appeal, the court may issue
reference all the evidence, testimonial and
orders for the protection and preservation of the rights
documentary, taken upon the issue involved. The
of the parties which do not involve any matter litigated
reference shall specify the documentary evidence by
by the appeal, approve compromises, permit appeals
the exhibit numbers or letters by which it was of indigent litigants, order execution pending appeal
identified when admitted or offered at the hearing, in accordance with 2 of Rule 39, and allow withdrawal
and the testimonial evidence by the names of the
of the appeal. (9a)
corresponding witnesses. If the whole testimonial and
documentary evidence in the case is to be included, a
statement to that effect will be sufficient without Section 10. Duty of clerk of court of the lower court
mentioning the names of the witnesses or the upon perfection of appeal. — Within thirty (30) days
numbers or letters of exhibits. Every record on appeal after perfection of all the appeals in accordance with
exceeding twenty (20) pages must contain a subject the preceding section, it shall be the duty of the clerk
index. (6a) of court of the lower court:

Section 7. Approval of record on appeal. — Upon the (a) To verify the correctness of the original
filing of the record on appeal for approval and if no record or the record on appeal, as the case
objection is filed by the appellee within five (5) days may be aid to make certification of its
from receipt of a copy thereof, the trial court may correctness;
approve it as presented or upon its own motion or at
the instance of the appellee, may direct its (b) To verify the completeness of the records
amendment by the inclusion of any omitted matters that will be, transmitted to the appellate court;
which are deemed essential to the determination of
the issue of law or fact involved in the appeal. If the (c) If found to be incomplete, to take such
trial court orders the amendment of the record, the measures as may be required to complete
appellant, within the time limited in the order, or such the records, availing of the authority that he
extension thereof as may be granted, or if no time is or the court may exercise for this purpose;
fixed by the order within ten (10) days from receipt and
thereof, shall redraft the record by including therein,
in their proper chronological sequence, such (d) To transmit the records to the appellate
additional matters as the court may have directed him court.
to incorporate, and shall thereupon submit the
redrafted record for approval, upon notice to the
If the efforts to complete the records fail, he shall
appellee, in like manner as the original draft. (7a)
indicate in his letter of transmittal the exhibits or
transcripts not included in the records being
Section 8. Joint record on appeal. — Where both transmitted to the appellate court, the reasons for
parties are appellants, they may file a joint record on their non-transmittal, and the steps taken or that
appeal within the time fixed by section 3 of this Rule, could be taken to have them available.
or that fixed by the court. (8a)
The clerk of court shall furnish the parties with copies
Section 9. Perfection of appeal; effect thereof. — A of his letter of transmittal of the records to the
party's appeal by notice of appeal is deemed appellate court. (10a)
perfected as to him upon the filing of the notice of
appeal in due time.
Section 11. Transcript. — Upon the perfection of the
appeal, the clerk shall immediately direct the
A party's appeal by record on appeal is deemed stenographers concerned to attach to the record of
perfected as to him with respect to the subject matter the case five (5) copies of the transcripts of the
thereof upon the approval of the record on appeal testimonial evidence referred to in the record on
filed in due time. appeal. The stenographers concerned shall
transcribe such testimonial evidence and shall

41
 prepare and affix to their transcripts an index Section 2. Form and contents. — The petition shall
containing the names of the witnesses and the pages be filed in seven (7) legible copies, with the original
wherein their testimonies are found, and a list of the copy intended for the court being indicated as such
exhibits and the pages wherein each of them appears by the petitioner, and shall (a) state the full names of
to have been offered and admitted or rejected by the the parties to the case, without impleading the lower
trial court. The transcripts shall be transmitted to the courts or judges thereof either as petitioners or
clerk of the trial court who shall thereupon arrange respondents; (b) indicate the specific material dates
the same in the order in which the witnesses testified showing that it was filed on time; (c) set forth
at the trial, and shall cause the pages to be numbered concisely a statement of the matters involved, the
consecutively. (12a) issues raised, the specification of errors of fact or law,
or both, allegedly committed by the Regional Trial
Section 12. Transmittal. — The clerk of the trial court Court, and the reasons or arguments relied upon for
shall transmit to the appellate court the original record the allowance of the appeal; (d) be accompanied by
or the approved record on appeal within thirty (30) clearly legible duplicate originals or true copies of the
days from the perfection of the appeal, together with judgments or final orders of both lower courts,
the proof of payment of the appellate court docket certified correct by the clerk of court of the Regional
and other lawful fees, a certified true copy of the Trial Court, the requisite number of plain copies
minutes of the proceedings, the order of approval, the thereof and of the pleadings and other material
certificate of correctness, the original documentary portions of the record as would support the
evidence referred to therein, and the original and allegations of the petition.
three (3) copies of the transcripts. Copies of the
transcripts and certified true copies of the The petitioner shall also submit together with the
documentary evidence shall remain in the lower court petition a certification under oath that he has not
for the examination of the parties. (11a) theretofore commenced any other action involving the
same issues in the Supreme Court, the Court of
Section 13. Dismissal of appeal. — Prior to the Appeals or different divisions thereof, or any other
transmittal of the original record or the record on tribunal or agency; if there is such other action or
appeal to the appellate court, the trial court may motu proceeding, he must state the status of the same; and
propio or on motion dismiss the appeal for having if he should thereafter learn that a similar action or
been taken out of time. (14a) proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or different
divisions thereof, or any other tribunal or agency, he
undertakes to promptly inform the aforesaid courts
and other tribunal or agency thereof within five (5)
RULE 42 days therefrom. (n)

Petition for Review From the Regional Trial Section 3. Effect of failure to comply with
Courts to the Court of Appeals requirements. — The failure of the petitioner to
comply with any of the foregoing requirements
Section 1. How appeal taken; time for filing. — A regarding the payment of the docket and other lawful
party desiring to appeal from a decision of the fees, the deposit for costs, proof of service of the
Regional Trial Court rendered in the exercise of its petition, and the contents of and the documents
appellate jurisdiction may file a verified petition for which should accompany the petition shall be
review with the Court of Appeals, paying at the same sufficient ground for the dismissal thereof. (n)
time to the clerk of said court the corresponding
docket and other lawful fees, depositing the amount Section 4. Action on the petition. — The Court of
of P500.00 for costs, and furnishing the Regional Trial Appeals may require the respondent to file a
Court and the adverse party with a copy of the comment on the petition, not a motion to dismiss,
petition. The petition shall be filed and served within within ten (10) days from notice, or dismiss the
fifteen (15) days from notice of the decision sought to petition if it finds the same to be patently without
be reviewed or of the denial of petitioner's motion for merit, prosecuted manifestly for delay, or that the
new trial or reconsideration filed in due time after questions raised therein are too insubstantial to
judgment. Upon proper motion and the payment of require consideration. (n)
the full amount of the docket and other lawful fees
and the deposit for costs before the expiration of the
Section 5. Contents of comment. — The comment of
reglementary period, the Court of Appeals may grant
the respondent shall be filed in seven (7) legible
an additional period of fifteen (15) days only within
copies, accompanied by certified true copies of such
which to file the petition for review. No further
extension shall be granted except for the most material portions of the record referred to therein
compelling reason and in no case to exceed fifteen together with other supporting papers and shall (a)
state whether or not he accepts the statement of
(15) days. (n)
matters involved in the petition; (b) point out such

42
insufficiencies or inaccuracies as he believes exist in Appeals From the Court of Tax Appeals and
petitioner's statement of matters involved but without Quasi-Judicial Agencies to the Court of Appeals
repetition; and (c) state the reasons why the petition
should not be given due course. A copy thereof shall Section 1. Scope. — This Rule shall apply to appeals
be served on the petitioner. (a) from judgments or final orders of the Court of Tax
Appeals and from awards, judgments, final orders or
Section 6. Due course. — If upon the filing of the resolutions of or authorized by any quasi-judicial
comment or such other pleadings as the court may agency in the exercise of its quasi-judicial functions.
allow or require, or after the expiration of the period Among these agencies are the Civil Service
for the filing thereof without such comment or Commission, Central Board of Assessment Appeals,
pleading having been submitted, the Court of Appeals Securities and Exchange Commission, Office of the
finds prima facie that the lower court has committed President, Land Registration Authority, Social
an error of fact or law that will warrant a reversal or Security Commission, Civil Aeronautics Board,
modification of the appealed decision, it may Bureau of Patents, Trademarks and Technology
accordingly give due course to the petition. (n) Transfer, National Electrification Administration,
Energy Regulatory Board, National
Section 7. Elevation of record. — Whenever the Telecommunications Commission, Department of
Court of Appeals deems it necessary, it may order the Agrarian Reform under Republic Act No. 6657,
clerk of court of the Regional Trial Court to elevate Government Service Insurance System, Employees
the original record of the case including the oral and Compensation Commission, Agricultural Invention
documentary evidence within fifteen (15) days from Board, Insurance Commission, Philippine Atomic
notice. (n) Energy Commission, Board of Investments,
Construction Industry Arbitration Commission, and
Section 8. Perfection of appeal; effect thereof. — (a) voluntary arbitrators authorized by law. (n)
Upon the timely filing of a petition for review and the
payment of the corresponding docket and other lawful Section 2. Cases not covered. — This Rule shall not
fees, the appeal is deemed perfected as to the apply to judgments or final orders issued under the
petitioner. Labor Code of the Philippines. (n)

The Regional Trial Court loses jurisdiction over the Section 3. Where to appeal. — An appeal under this
case upon the perfection of the appeals filed in due Rule may be taken to the Court of Appeals within the
time and the expiration of the time to appeal of the period and in the manner herein provided, whether
other parties. the appeal involves questions of fact, of law, or mixed
questions of fact and law. (n)
However, before the Court of Appeals gives due
course to the petition, the Regional Trial Court may Section 4. Period of appeal. — The appeal shall be
issue orders for the protection and preservation of the taken within fifteen (15) days from notice of the
rights of the parties which do not involve any matter award, judgment, final order or resolution, or from the
litigated by the appeal, approve compromises, permit date of its last publication, if publication is required by
appeals of indigent litigants, order execution pending law for its effectivity, or of the denial of petitioner's
appeal in accordance with section 2 of Rule 39, and motion for new trial or reconsideration duly filed in
allow withdrawal of the appeal. (9a, R41) accordance with the governing law of the court or
agency a quo. Only one (1) motion for
reconsideration shall be allowed. Upon proper motion
(b) Except in civil cases decided under the Rule on
and the payment of the full amount of the docket fee
Summary Procedure, the appeal shall stay the
before the expiration of the reglementary period, the
judgment or final order unless the Court of Appeals,
the law, or these Rules shall provide otherwise. (a) Court of Appeals may grant an additional period of
fifteen (15) days only within which to file the petition
for review. No further extension shall be granted
Section 9. Submission for decision. — If the petition except for the most compelling reason and in no case
is given due course, the Court of Appeals may set the to exceed fifteen (15) days. (n)
case for oral argument or require the parties to submit
memoranda within a period of fifteen (15) days from
Section 5. How appeal taken. — Appeal shall be
notice. The case shall be deemed submitted for
taken by filing a verified petition for review in seven
decision upon the filing of the last pleading or
(7) legible copies with the Court of Appeals, with
memorandum required by these Rules or by the court
proof of service of a copy thereof on the adverse
itself. (n)
party and on the court or agency a quo. The original
copy of the petition intended for the Court of Appeals
shall be indicated as such by the petitioner.

RULE 43

43
 Upon the filing of the petition, the petitioner shall pay Section 10. Due course. — If upon the filing of the
to the clerk of court of the Court of Appeals the comment or such other pleadings or documents as
docketing and other lawful fees and deposit the sum may be required or allowed by the Court of Appeals
of P500.00 for costs. Exemption from payment of or upon the expiration of the period for the filing
docketing and other lawful fees and the deposit for thereof, and on the records the Court of Appeals
costs may be granted by the Court of Appeals upon a finds prima facie that the court or agency concerned
verified motion setting forth valid grounds therefor. If has committed errors of fact or law that would warrant
the Court of Appeals denies the motion, the petitioner reversal or modification of the award, judgment, final
shall pay the docketing and other lawful fees and order or resolution sought to be reviewed, it may give
deposit for costs within fifteen (15) days from notice due course to the petition; otherwise, it shall dismiss
of the denial. (n) the same. The findings of fact of the court or agency
concerned, when supported by substantial evidence,
Section 6. Contents of the petition. — The petition for shall be binding on the Court of Appeals. (n)
review shall (a) state the full names of the parties to
the case, without impleading the court or agencies Section 11. Transmittal of record. — Within fifteen
either as petitioners or respondents; (b) contain a (15) days from notice that the petition has been given
concise statement of the facts and issues involved due course, the Court of Appeals may require the
and the grounds relied upon for the review; (c) be court or agency concerned to transmit the original or
accompanied by a clearly legible duplicate original or a legible certified true copy of the entire record of the
a certified true copy of the award, judgment, final proceeding under review. The record to be
order or resolution appealed from, together with transmitted may be abridged by agreement of all
certified true copies of such material portions of the parties to the proceeding. The Court of Appeals may
record referred to therein and other supporting require or permit subsequent correction of or addition
papers; and (d) contain a sworn certification against to the record. (8a)
forum shopping as provided in the last paragraph of
section 2, Rule 42. The petition shall state the specific Section 12. Effect of appeal. — The appeal shall not
material dates showing that it was filed within the stay the award, judgment, final order or resolution
period fixed herein. (2a) sought to be reviewed unless the Court of Appeals
shall direct otherwise upon such terms as it may
Section 7. Effect of failure to comply with deem just. (10a)
requirements. — The failure of the petitioner to
comply with any of the foregoing requirements Section 13. Submission for decision. — If the petition
regarding the payment of the docket and other lawful is given due course, the Court of Appeals may set the
fees, the deposit for costs, proof of service of the case for oral argument or require the parties to submit
petition, and the contents of and the documents memoranda within a period of fifteen (15) days from
which should accompany the petition shall be notice. The case shall be deemed submitted for
sufficient ground for the dismissal thereof. (n) decision upon the filing of the last pleading or
memorandum required by these Rules or by the court
Section 8. Action on the petition. — The Court of of Appeals. (n)
Appeals may require the respondent to file a
comment on the petition not a motion to dismiss,
within ten (10) days from notice, or dismiss the
petition if it finds the same to be patently without Procedure in the Court of Appeals
merit, prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to
require consideration. (6a)

Section 9. Contents of comment. — The comment RULE 44

shall be filed within ten (10) days from notice in seven
(7) legible copies and accompanied by clearly legible Ordinary Appealed Cases
certified true copies of such material portions of the
record referred to therein together with other Section 1. Title of cases. — In all cases appealed to
supporting papers. The comment shall (a) point out the Court of Appeals under Rule 41, the title of the
insufficiencies or inaccuracies in petitioner's case shall remain as it was in the court of origin, but
statement of facts and issues; and (b) state the the party appealing the case shall be further referred
reasons why the petition should be denied or to as the appellant and the adverse party as the
dismissed. A copy thereof shall be served on the appellee. (1a, R46)
petitioner, and proof of such service shall be filed with
the Court of Appeals. (9a) Section 2. Counsel and guardians. — The counsel
and guardians ad litem of the parties in the court of
origin shall be respectively considered as their

44
 counsel and guardians ad litem in the Court of Section 8. Appellee's brief. — Within forty-five (45)
Appeals. When others appear or are appointed, days from receipt of the appellant's brief, the appellee
notice thereof shall be served immediately on the shall file with the court seven (7) copies of his legibly
adverse party and filed with the court. (2a, R46) typewritten, mimeographed or printed brief, with proof
of service of two (2) copies thereof upon the
Section 3. Order of transmittal of record. — If the appellant. (11a, R46)
original record or the record on appeal is not
transmitted to the Court of Appeals within thirty (30) Section 9. Appellant's reply brief. — Within twenty
days after the perfection of the appeal, either party (20) days from receipt of the appellee's brief, the
may file a motion with the trial court, with notice to the appellant may file a reply brief answering points in the
other, for the transmittal of such record or record on appellee's brief not covered in his main brief. (12a,
appeal. (3a, R46) R46)

Section 4. Docketing of case. — Upon receiving the Section 10. Time of filing memoranda in special
original record or the record on appeal and the cases. — In certiorari, prohibition, mandamus, quo
accompanying documents and exhibits transmitted by warranto and habeas corpus cases, the parties shall
the lower court, as well as the proof of payment of the file in lieu of briefs, their respective memoranda within
docket and other lawful fees, the clerk of court of the a non-extendible period of thirty (30) days from
Court of Appeals shall docket the case and notify the receipt of the notice issued by the clerk that all the
parties thereof. (4a, R46) evidence, oral and documentary, is already attached
to the record. (13a, R46)
Within ten (10) days from receipt of said notice, the
appellant, in appeals by record on appeal, shall file The failure of the appellant to file his memorandum
with the clerk of court seven (7) clearly legible copies within the period therefor may be a ground for
of the approved record on appeal, together with the dismissal of the appeal. (n)
proof of service of two (2) copies thereof upon the
appellee. Section 11. Several appellants or appellees or
several counsel for each party. — Where there are
Any unauthorized alteration, omission or addition in several appellants or appellees, each counsel
the approved record on appeal shall be a ground for representing one or more but not all of them shall be
dismissal of the appeal. (n) served with only one copy of the briefs. When several
counsel represent one appellant or appellee, copies
Section 5. Completion of record. — Where the record of the brief may be served upon any of them. (14a,
of the docketed case is incomplete, the clerk of court R46)
of the Court of Appeals shall so inform said court and
recommend to it measures necessary to complete the Section 12. Extension of time for filing briefs. —
record. It shall be the duty of said court to take Extension of time for the filing of briefs will not be
appropriate action towards the completion of the allowed, except for good and sufficient cause, and
record within the shortest possible time. (n) only if the motion for extension is filed before the
expiration of the time sought to be extended. (15,
Section 6. Dispensing with complete record. — R46)
Where the completion of the record could not be
accomplished within a sufficient period allotted for Section 13. Contents of appellant's brief. — The
said purpose due to insuperable or extremely difficult appellant's brief shall contain, in the order herein
causes, the court, on its own motion or on motion of indicated, the following:
any of the parties, may declare that the record and its
accompanying transcripts and exhibits so far (a) A subject index of the matter in the brief
available are sufficient to decide the issues raised in with a digest of the arguments and page
the appeal, and shall issue an order explaining the references, and a table of cases
reasons for such declaration. (n) alphabetically arranged, textbooks and
statutes cited with references to the pages
Section 7. Appellant's brief. — It shall be the duty of where they are cited;
the appellant to file with the court, within forty-five
(45) days from receipt of the notice of the clerk that all (b) An assignment of errors intended to be
the evidence, oral and documentary, are attached to urged, which errors shall be separately,
the record, seven (7) copies of his legibly typewritten, distinctly and concisely stated without
mimeographed or printed brief, with proof of service repetition and numbered consecutively;
of two (2) copies thereof upon the appellee. (10a,
R46)
(c) Under the heading "Statement of the
Case," a clear and concise statement of the

45
 nature of the action, a summary of the (c) Under the heading "Argument," the
proceedings, the appealed rulings and orders appellee shall set forth his arguments in the
of the court, the nature of the judgment and case on each assignment of error with page
any other matters necessary to an references to the record. The authorities
understanding of the nature of the relied on shall be cited by the page of the
controversy with page references to the report at which the case begins and the page
record; of the report on which the citation is found.
(17a, R46)
(d) Under the heading "Statement of Facts," a
clear and concise statement in a narrative Section 15. Questions that may be raised on appeal.
form of the facts admitted by both parties and — Whether or not the appellant has filed a motion for
of those in controversy, together with the new trial in the court below he may include in his
substance of the proof relating thereto in assignment of errors any question of law or fact that
sufficient detail to make it clearly intelligible, has been raised in the court below and which is within
with page references to the record; the issues framed by the parties. (18, R46)

(e) A clear and concise statement of the

issues of fact or law to be submitted, to the
court for its judgment; RULE 45

(f) Under the heading "Argument," the Appeal by Certiorari to the Supreme Court
appellant's arguments on each assignment of
error with page references to the record. The Section 1. Filing of petition with Supreme Court. — A
authorities relied upon shall be cited by the party desiring to appeal by certiorari from a judgment
page of the report at which the case begins or final order or resolution of the Court of Appeals, the
and the page of the report on which the
Sandiganbayan, the Regional Trial Court or other
citation is found;
courts whenever authorized by law, may file with the
Supreme Court a verified petition for review
(g) Under the heading "Relief," a specification on certiorari. The petition shall raise only questions of
of the order or judgment which the appellant law which must be distinctly set forth. (1a, 2a)
seeks; and
Section 2. Time for filing; extension. — The petition
(h) In cases not brought up by record on shall be filed within fifteen (15) days from notice of the
appeal, the appellant's brief shall contain, as judgment or final order or resolution appealed from,
an appendix, a copy of the judgment or final or of the denial of the petitioner's motion for new trial
order appealed from. (16a, R46) or reconsideration filed in due time after notice of the
judgment. On motion duly filed and served, with full
Section 14. Contents of appellee's brief. — The payment of the docket and other lawful fees and the
appellee's brief shall contain, in the order herein deposit for costs before the expiration of the
indicated the following: reglementary period, the Supreme Court may for
justifiable reasons grant an extension of thirty (30)
(a) A subject index of the matter in the brief days only within which to file the petition. (1a, 5a)
with a digest of the arguments and page
references, and a table of cases Section 3. Docket and other lawful fees; proof of
alphabetically arranged, textbooks and service of petition. — Unless he has theretofore done
statutes cited with references to the pages so, the petitioner shall pay the corresponding docket
where they are cited; and other lawful fees to the clerk of court of the
Supreme Court and deposit the amount of P500.00
(b) Under the heading "Statement of Facts," for costs at the time of the filing of the petition. Proof
the appellee shall state that he accepts the of service of a copy, thereof on the lower court
statement of facts in the appellant's brief, or concerned and on the adverse party shall be
under the heading "Counter-Statement of submitted together with the petition. (1a)
Facts," he shall point out such insufficiencies
or inaccuracies as he believes exist in the Section 4. Contents of petition. — The petition shall
appellant's statement of facts with references be filed in eighteen (18) copies, with the original copy
to the pages of the record in support thereof, intended for the court being indicated as such by the
but without repetition of matters in the petitioner and shall (a) state the full name of the
appellant's statement of facts; and appealing party as the petitioner and the adverse
party as respondent, without impleading the lower
courts or judges thereof either as petitioners or

46
respondents; (b) indicate the material dates showing impose the corresponding sanctions in case of non-
when notice of the judgment or final order or filing or unauthorized filing of such pleadings and
resolution subject thereof was received, when a documents or non-compliance with the conditions
motion for new trial or reconsideration, if any, was therefor. (n)
filed and when notice of the denial thereof was
received; (c) set forth concisely a statement of the Section 8. Due course; elevation of records. — If the
matters involved, and the reasons or arguments petition is given due course, the Supreme Court may
relied on for the allowance of the petition; (d) be require the elevation of the complete record of the
accompanied by a clearly legible duplicate original, or case or specified parts thereof within fifteen (15) days
a certified true copy of the judgment or final order or from notice. (2a)
resolution certified by the clerk of court of the court a
quo and the requisite number of plain copies thereof,
Section 9. Rule applicable to both civil and criminal
and such material portions of the record as would cases. — The mode of appeal prescribed in this Rule
support the petition; and (e) contain a sworn
shall be applicable to both civil and criminal cases,
certification against forum shopping as provided in
except in criminal cases where the penalty imposed is
the last paragraph of section 2, Rule 42. (2a) death, reclusion perpetua or life imprisonment. (n)

Section 5. Dismissal or denial of petition. — The

failure of the petitioner to comply with any of the
foregoing requirements regarding the payment of the
docket and other lawful fees, deposit for costs, proof RULE 46
of service of the petition, and the contents of and the
documents which should accompany the petition shall Original Cases
be sufficient ground for the dismissal thereof.
Section 1. Title of cases. — In all cases originally
The Supreme Court may on its own initiative deny the filed in the Court of Appeals, the party instituting the
petition on the ground that the appeal is without merit, action shall be called the petitioner and the opposing
or is prosecuted manifestly for delay, or that the party the respondent. (1a)
questions raised therein are too unsubstantial to
require consideration. (3a) Section 2. To what actions applicable. — This Rule
shall apply to original actions for certiorari, prohibition,
Section 6. Review discretionary. — A review is not a mandamus and quo warranto.
matter of right, but of sound judicial discretion, and
will be granted only when there are special and Except as otherwise provided, the actions for
important reasons thereof. The following, while annulment of judgment shall be governed by Rule 47,
neither controlling nor fully measuring the court's for certiorari, prohibition and mandamus by Rule 65,
discretion, indicate the character of the reasons which and for quo warranto by Rule 66. (n)
will be considered:
Section 3. Contents and filing of petition; effect of
(a) When the court a quo has decided a noncompliance with requirements. — The petition
question of substance, not theretofore shall contain the full names and actual addresses of
determined by the Supreme Court, or has all the petitioners and respondents, a concise
decided it in a way probably not in accord statement of the matters involved, the factual
with law or with the applicable decisions of background of the case, and the grounds relied upon
the Supreme Court; or for the relief prayed for.

(b) When the court a quo has so far departed In actions filed under Rule 65, the petition shall
from the accepted and usual course of further indicate the material dates showing when
judicial proceedings, or so far sanctioned notice of the judgment or final order or resolution
such departure by a lower court, as to call for subject thereof was received, when a motion for new
an exercise of the power of supervision. (4a) trial or reconsideration, if any, was filed and when
notice of the denial thereof was received.
Section 7. Pleadings and documents that may be
required; sanctions. — For purposes of determining It shall be filed in seven (7) clearly legible copies
whether the petition should be dismissed or denied together with proof of service thereof on the
pursuant to section 5 of this Rule, or where the respondent with the original copy intended for the
petition is given due course under section 8 hereof, court indicated as such by the petitioner, and shall be
the Supreme Court may require or allow the filing of accompanied by a clearly legible duplicate original or
such pleadings, briefs, memoranda or documents as certified true copy of the judgment, order, resolution,
it may deem necessary within such periods and under or ruling subject thereof, such material portions of the
such conditions as it may consider appropriate, and record as are referred to therein, and other

47
 documents relevant or pertinent thereto. The
certification shall be accomplished by the proper clerk
of court or by his duly authorized representative, or by RULE 47
the proper officer of the court, tribunal, agency or
office involved or by his duly authorized Annulment of Judgments of Final Orders and
representative. The other requisite number of copies Resolutions
of the petition shall be accompanied by clearly legible
plain copies of all documents attached to the original.
Section 1. Coverage. — This Rule shall govern the
annulment by the Court of Appeals of judgments or
The petitioner shall also submit together with the final orders and resolutions in civil actions of Regional
petition a sworn certification that he has not
Trial Courts for which the ordinary remedies of new
theretofore commenced any other action involving the
trial, appeal, petition for relief or other appropriate
same issues in the Supreme Court, the Court of
remedies are no longer available through no fault of
Appeals or different divisions thereof, or any other
the petitioner. (n)
tribunal or agency; if there is such other action or
proceeding, he must state the status of the same; and
if he should thereafter learn that a similar action or Section 2. Grounds for annulment. — The annulment
proceeding has been filed or is pending before the may be based only on the grounds of extrinsic fraud
Supreme Court, the Court of Appeals, or different and lack of jurisdiction.
divisions thereof, or any other tribunal or agency, he
undertakes to promptly inform the aforesaid courts Extrinsic fraud shall not be a valid ground if it was
and other tribunal or agency thereof within five (5) availed of, or could have been availed of, in a motion
days therefrom. for new trial or petition for relief. (n)

The petitioner shall pay the corresponding docket and Section 3. Period for filing action. — If based on
other lawful fees to the clerk of court and deposit the extrinsic fraud, the action must be filed within four (4)
amount of P500.00 for costs at the time of the filing of years from its discovery; and if based on lack of
the petition. jurisdiction, before it is barred by laches or estoppel.
(n)
The failure of the petitioner to comply any of the
requirements shall be sufficient ground for the Section 4. Filing and contents of petition. — The
dismissal of the petition. (n; Bar Matter No. 803, 21 action shall be commenced by filing a verified petition
July 1998) alleging therein with particularity the facts and the law
relied upon for annulment, as well as those
Section 4. Jurisdiction over person of supporting the petitioner's good and substantial
respondent, how acquired. — The court shall acquire cause of action or defense, as the case may be.
jurisdiction over the person of the respondent by the
service on him of its order or resolution indicating its The petition shall be filed in seven (7) clearly legible
initial action on the petition or by his voluntary copies, together with sufficient copies corresponding
submission to such jurisdiction. (n) to the number of respondents. A certified true copy of
the judgment or final order or resolution shall be
Section 5. Action by the court. — The court may attached to the original copy of the petition intended
dismiss the petition outright with specific reasons for for the court and indicated as such by the petitioner.
such dismissal or require the respondent to file a
comment on the same within ten (10) days from The petitioner shall also submit together with the
notice. Only pleadings required by the court shall be petition affidavits of witnesses or documents
allowed. All other pleadings and papers, may be filed supporting the cause of action or defense and a
only with leave of court. (n) sworn certification that he has not theretofore
commenced any other action involving the same
Section 6. Determination of factual issues. — issues in the Supreme Court, the Court of Appeals or
Whenever necessary to resolve factual issues, the different divisions thereof, or any other tribunal or
court itself may conduct hearings thereon or delegate agency if there is such other action or proceeding, he
the reception of the evidence on such issue to any of must state the status of the same, and if he should
its members or to an appropriate court, agency or thereafter learn that a similar action or proceeding
office. (n) has been filed or is pending before the Supreme
Court, the Court of Appeals, or different divisions
thereof, or any other tribunal or agency, he
Section 7. Effect of failure to file comment. — When
undertakes to promptly inform the aforesaid courts
no comment is filed by any of the respondents, the
and other tribunal or agency thereof within five (5)
case may be decided on the basis of the record,
days therefrom. (n)
without prejudice to any disciplinary action which the
court may take against the disobedient party. (n)

48
 Section 5. Action by the court. — Should the court (a) To consider the possibility of an amicable
find no substantial merit in the petition, the same may settlement, except when the case is not
be dismissed outright with specific reasons for such allowed by law to be compromised
dismissal.
(b) To define, simplify and clarify the issues
Should prima facie merit be found in the petition, the for determination;
same shall be given due course and summons shall
be served on the respondent. (n) (c) To formulate stipulations of facts and
admissions of documentary exhibits, limit the
Section 6. Procedure. — The procedure in ordinary number of witnesses to be presented in
civil cases shall be observed. Should trial be cases falling within the original jurisdiction of
necessary, the reception of the evidence may be the court, or those within its appellate
referred to a member of the court or a judge of a jurisdiction where a motion for new trial is
Regional Trial Court. (n) granted on the ground of newly discovered
evidence; and
Section 7. Effect of judgment. — A judgment of
annulment shall set aside the questioned judgment or (d) To take up such other matters which may
final order or resolution and render the same null and aid the court in the prompt disposition of the
void, without prejudice to the original action being case. (Rule 7, CA Internal Rules) (n)
refiled in the proper court. However, where the
judgment or final order or resolution is set aside on Section 2. Record of the conference. — The
the ground of extrinsic fraud, the court may on motion proceedings at such conference shall be recorded
order the trial court to try the case as if a timely and, upon the conclusion thereof, a resolution shall
motion for new trial had been granted therein. (n) be issued embodying all the actions taken therein, the
stipulations and admissions made and the issues
Section 8. Suspension prescriptive period. — The defined. (n)
prescriptive period for the refiling of the aforesaid
original action shall be deemed suspended from the Section 3. Binding effect of the results of the
filing of such original action until the finality of the conference. — Subject to such modifications which
judgment of annulment. However, the prescriptive may be made to prevent manifest injustice, the
period shall not be suspended where the extrinsic- resolution in the preceding section shall control the
fraud is attributable to the plaintiff in the original subsequent proceedings in the case unless, within
action. (n) five (5) days from notice thereof, any party shall
satisfactorily show valid cause why the same should
Section 9. Relief available. — The judgment of not be followed. (n)
annulment may include the award of damages,
attorney's fees and other relief.

If the questioned judgment or final order or resolution RULE 49

had already been executed the court may issue such
orders of restitution or other relief as justice and Oral Argument
equity may warrant under the circumstances. (n)
Section 1. When allowed. — At its own instance or
Section 10. Annulment of judgments or final orders of
upon motion of a party, the court may hear the parties
Municipal Trial Courts. — An action to annul a
in oral argument on the merits of a case, or on any
judgment or final order of a Municipal Trial Court shall
material incident in connection therewith. (n)
be filed in the Regional Trial Court having jurisdiction
over the former. It shall be treated as an ordinary civil
action and sections 2, 3, 4, 7, 8 and 9 of this Rule The oral argument shall be limited to such matters as
shall be applicable thereto. (n) the court may specify in its order or resolution. (1a,
R48)

Section 2. Conduct of oral argument. — Unless

authorized by the court, only one counsel may argue
RULE 48
for a party. The duration allowed for each party, the
sequence of the argumentation, and all other related
Preliminary Conference matters shall be as directed by the court. (n)

Section 1. Preliminary conference. — At any time Section 3. No hearing or oral argument for motions.
during the pendency of a case, the court may call the — Motions shall not be set for hearing and, unless
parties and their counsel to a preliminary conference.

49
 the court otherwise directs, no hearing or oral Section 2. Dismissal of improper appeal to the Court
argument shall be allowed in support thereof. The of Appeals. — An appeal under Rule 41 taken from
adverse party may file objections to the motion within the Regional Trial Court to the Court of Appeals
five (5) days from service, upon the expiration of raising only questions of law shall be dismissed,
which such motion shall be deemed submitted for issues purely of law not being reviewable by said
resolution. (29, R49) court. Similarly, an appeal by notice of appeal instead
of by petition for review from the appellate judgment
of a Regional Trial Court shall be dismissed. (n)

RULE 50 An appeal erroneously taken to the Court of Appeals

shall not be transferred to the appropriate court but
Dismissal of Appeal shall be dismissed outright. (3a)

Section 1. Grounds for dismissal of appeal. — An Section 3. Withdrawal of appeal. — An appeal may
appeal may be dismissed by the Court of Appeals, on be withdrawn as of right at any time before the filing
of the appellee's brief. Thereafter, the withdrawal may
its own motion or on that of the appellee, on the
be allowed in the discretion of the court. (4a)
following grounds:

(a) Failure of the record on appeal to show on

its face that the appeal was taken within the
period fixed by these Rules; RULE 51

(b) Failure to file the notice of appeal or the Judgment

record on appeal within the period prescribed
by these Rules; Section 1. When case deemed submitted for
judgment. — A case shall be deemed submitted for
(c) Failure of the appellant to pay the docket judgment:
and other lawful fees as provided in section
5, Rule 40 and section 4 of Rule 41; (Bar A. In ordinary appeals. —
Matter No. 803, 17 February 1998)
1) Where no hearing on the merits of
(d) Unauthorized alterations, omissions or the main case is held, upon the filing
additions in the approved record on appeal of the last pleading, brief, or
as provided in section 4 of Rule 44; memorandum required by the Rules
or by the court itself, or the expiration
(e) Failure of the appellant to serve and file of the period for its filing.
the required number of copies of his brief or
memorandum within the time provided by 2) Where such a hearing is held,
these Rules; upon its termination or upon the filing
of the last pleading or memorandum
(f) Absence of specific assignment of errors as may be required or permitted to
in the appellant's brief, or of page references be filed by the court, or the expiration
to the record as required in section 13, of the period for its filing.
paragraphs (a), (c), (d) and (f) of Rule 44;
B. In original actions and petitions for review.
(g) Failure of the appellant to take the —
necessary steps for the correction or
completion of the record within the time 1) Where no comment is filed, upon
limited by the court in its order; the expiration of the period to
comment.
(h) Failure of the appellant to appear at the
preliminary conference under Rule 48 or to 2) Where no hearing is held, upon
comply with orders, circulars, or directives of the filing of the last pleading required
the court without justifiable cause; and or permitted to be filed by the court,
or the expiration of the period for its
(i) The fact that the order or judgment filing.
appealed from is not appealable. (1a)
3) Where a hearing on the merits of
the main case is held, upon its

50
 termination or upon the filing of the shall thereafter be proceeded with, so far as
last pleading or memorandum as necessary, as if separate actions had been begun
may be required or permitted to be and prosecuted, and execution of the judgment of
filed by the court, or the expiration of affirmance may be had accordingly, and costs may
the period for its filing. (n) be adjudged in such cases, as the court shall deem
proper. (6)
Section 2. By whom rendered. — The judgment shall
be rendered by the members of the court who Section 8. Questions that may be decided. — No
participated in the deliberation on the merits of the error which does not affect the jurisdiction over the
case before its assignment to a member for the subject matter or the validity of the judgment
writing of the decision. (n) appealed from or the proceedings therein will be
considered unless stated in the assignment of errors,
Section 3. Quorum and voting in the court. — The or closely related to or dependent on an assigned
participation of all three Justices of a division shall be error and properly argued in the brief, save as the
necessary at the deliberation and the unanimous vote court may pass upon plain errors and clerical errors.
of the three Justices shall be required for the (7a)
pronouncement of a judgment or final resolution. If
the three justices do not reach a unanimous vote, the Section 9. Promulgation and notice of judgment. —
clerk shall enter the votes of the dissenting Justices in After the judgment or final resolution and dissenting
the record. Thereafter, the Chairman of the division or separate opinions, if any, are signed by the
shall refer the case, together with the minutes of the Justices taking part, they shall be delivered for filing
deliberation, to the Presiding Justice who shall to the clerk who shall indicate thereon the date of
designate two Justices chosen by raffle from among promulgation and cause true copies thereof to be
all the other members of the court to sit temporarily served upon the parties or their counsel. (n)
with them, forming a special division of five Justices.
The participation of all the five members of the Section 10. Entry of judgments and final resolutions.
special division shall be necessary for the deliberation — If no appeal or motion for new trial or
required in section 2 of this Rule and the concurrence reconsideration is filed within the time provided in
of a majority of such division shall be required for the these Rules, the judgment or final resolution shall
pronouncement of a judgment or final resolution. (2a) forthwith be entered by the clerk in the book of entries
of judgments. The date when the judgment or final
Section 4. Disposition of a case. — The Court of resolution becomes executory shall be deemed as
Appeals, in the exercise of its appellate jurisdiction, the date of its entry. The record shall contain the
may affirm, reverse, or modify the judgment or final dispositive part of the judgment or final resolution and
order appealed from, and may direct a new trial or shall be signed by the clerk, with a certificate that
further proceedings to be had. (3a) such judgment or final resolution has become final
and executory. (2a, R36)
Section 5. Form of decision. — Every decision or
final resolution of the court in appealed cases shall Section 11. Execution of judgment. — Except where
clearly and distinctly state the findings of fact and the the judgment or final order or resolution, or a portion
conclusions of law on which it is based, which may be thereof, is ordered to be immediately executory, the
contained in the decision or final resolution itself, or motion for its execution may only be filed in the
adopted from those set forth in the decision, order, or proper court after its entry.
resolution appealed from. (Sec. 40, BP Blg. 129) (n)
In original actions in the Court of Appeals, its writ of
Section 6. Harmless error. — No error in either the execution shall be accompanied by a certified true
admission or the exclusion of evidence and no error copy of the entry of judgment or final resolution and
or defect in any ruling or order or in anything done or addressed to any appropriate officer for its
omitted by the trial court or by any of the parties is enforcement.
ground for granting a new trial or for setting aside,
modifying, or otherwise disturbing a judgment or In appealed cases, where the motion for execution
order, unless refusal to take such action appears to pending appeal is filed in the Court of Appeals at a
the court inconsistent with substantial justice. The time that it is in possession of the original record or
court at every stage of the proceeding must disregard the record on appeal, the resolution granting such
any error or defect which does not affect the motion shall be transmitted to the lower court from
substantial rights of the parties. (5a) which the case originated, together with a certified
true copy of the judgment or final order to be
Section 7. Judgment where there are several parties. executed, with a directive for such court of origin to
— In all actions or proceedings, an appealed issue the proper writ for its enforcement. (n)
judgment may be affirmed as to some of the
appellants, and reversed as to others, and the case

51
 RULE 52 Section 4. Procedure in new trial. — Unless the court
otherwise directs, the procedure in the new trial shall
Motion for Reconsideration be the same as that granted by a Regional Trial
Court. (3a)
Section 1. Period for filing. — A party may file a
motion for reconsideration of a judgment or final
resolution within fifteen (15) days from notice thereof,
with proof of service on the adverse party. (n) RULE 54

Section 2. Second motion for reconsideration. — No Internal Business

second motion for reconsideration of a judgment or
final resolution by the same party shall be Section 1. Distribution of cases among divisions. —
entertained. (n) All the cases of the Court of Appeals shall be allotted
among the different divisions thereof for hearing and
Section 3. Resolution of motion. — In the Court of decision. The Court of Appeals, sitting en banc, shall
Appeals, a motion for reconsideration shall be make proper orders or rules to govern the allotment
resolved within ninety (90) days from the date when of cases among the different divisions, the
the court declares it submitted for resolution. (n) constitution of such divisions, the regular rotation of
Justices among them, the filing of vacancies
Section 4. Stay of execution. — The pendency of a occurring therein, and other matters relating to the
motion for reconsideration filed on time and by the business of the court; and such rules shall continue in
proper party shall stay the execution of the judgment force until repealed or altered by the Supreme Court.
or final resolution sought to be reconsidered unless (1a)
the court, for good reasons, shall otherwise direct. (n)
Section 2. Quorum of the court. — A majority of the
actual members of the court shall constitute
a quorum for its sessions en banc. Three members
shall constitute a quorum for the sessions of a
RULE 53
division. The affirmative votes of the majority of the
members present shall be necessary to pass a
New Trial resolution of the court en banc. The affirmative votes
of three members of a division shall be necessary for
Section 1. Period for filing; ground. — At any time the pronouncement of a judgment or final resolution,
after the appeal from the lower court has been which shall be reached in consultation before the
perfected and before the Court of Appeals loses writing of the opinion by any member of the division.
jurisdiction over the case, a party may file a motion (Sec. 11, first par. of BP Blg. 129, as amended by
for a new trial on the ground of newly discovered Sec. 6 of EO 33). (3a)
evidence which could not have been discovered prior
to the trial in the court below by the exercise of due
diligence and which is of such a character as would
probably change the result. The motion shall be
RULE 55
accompanied by affidavits showing the facts
constituting the grounds therefor and the newly
discovered evidence. (1a) Publications of Judgments and Final Resolutions

Section 2. Hearing and order. — The Court of Section 1. Publication. — The judgments and final
Appeals shall consider the new evidence together resolutions of the court shall be published in the
with that adduced at the trial below, and may grant or Official Gazette and in the Reports officially
refuse a new trial, or may make such order, with authorized by the court in the language in which they
notice to both parties, as to the taking of further have been originally written, together with the syllabi
testimony, either orally in court, or by depositions, or therefor prepared by the reporter in consultation with
render such other judgment as ought to be rendered the writers thereof. Memoranda of all other judgments
upon such terms as it may deem just. (2a) and final resolutions not so published shall be made
by the reporter and published in the Official Gazette
Section 3. Resolution of motion. — In the Court of and the authorized reports. (1a)
Appeals, a motion for new trial shall be resolved
within ninety (90) days from the date when the court Section 2. Preparation of opinions for publication. —
declares it submitted for resolution. (n) The reporter shall prepare and publish with each
reported judgment and final resolution a concise
synopsis of the facts necessary for a clear
understanding of the case, the names of counsel, the

52
 material and controverted points involved, the laws and Rules prescribed therefor, and those
authorities cited therein, and a syllabus which shall be against attorneys by Rules 139-B, as amended. (n)
confined to points of law. (Sec. 22a, R.A. No. 296) (n)
B. Appealed Cases
Section 3. General make-up of volumes. — The
published decisions and final resolutions of the Section 3. Mode of appeal. — An appeal to the
Supreme Court shall be called "Philippine Reports," Supreme Court may be taken only by a petition for
while those of the Court of Appeals shall be known as review on certiorari, except in criminal cases where
the "Court of Appeals Reports." Each volume thereof the penalty imposed is death, reclusion perpetua or
shall contain a table of the cases reported and the life imprisonment. (n)
cases cited in the opinions, with a complete
alphabetical index of the subject matters of the Section 4. Procedure. — The appeal shall be
volume. It shall consist of not less than seven
governed by and disposed of in accordance with the
hundred pages printed upon good paper, well bound
applicable provisions of the Constitution, laws, Rules
and numbered consecutively in the order of the 45, 48, sections 1, 2, and 5 to 11 of Rule 51, 52 and
volumes published. (Sec. 23a, R.A. No. 296) (n) this Rule. (n)

Section 5. Grounds for dismissal of appeal. — The

appeal may be dismissed motu proprio or on motion
Procedure In The Supreme Court of the respondent on the following grounds:

(a) Failure to take the appeal within the

reglementary period;
RULE 56
(b) Lack of merit in the petition;
A. Original Cases
(c) Failure to pay the requisite docket fee and
Section 1. Original cases cognizable. — Only other lawful fees or to make a deposit for
petitions for certiorari, prohibition, mandamus, quo costs;
warranto, habeas corpus, disciplinary proceedings
against members of the judiciary and attorneys, and (d) Failure to comply with the requirements
cases affecting ambassadors, other public ministers regarding proof of service and contents of
and consuls may be filed originally in the Supreme and the documents which should accompany
Court. (n) the petition;

Section 2. Rules applicable. — The procedure in (e) Failure to comply with any circular,
original cases for certiorari, directive or order of the Supreme Court
prohibition, mandamus, quo warranto and habeas without justifiable cause;
corpus shall be in accordance with the applicable
provisions of the Constitution, laws, and Rules 46, 48,
(f) Error in the choice or mode of appeal; and
49, 51, 52 and this Rule, subject to the following
provisions:
(g) The fact that the case is not appealable to
the Supreme Court. (n)
a) All references in said Rules to the Court of
Appeals shall be understood to also apply to
the Supreme Court; Section 6. Disposition of improper appeal. — Except
as provided in section 3, Rule 122 regarding appeals
in criminal cases where the penalty imposed is
b) The portions of said Rules dealing strictly death, reclusion perpetua or life imprisonment, an
with and specifically intended for appealed
appeal taken to the Supreme Court by notice of
cases in the Court of Appeals shall not be
appeal shall be dismissed.
applicable; and
An appeal by certiorari taken to the Supreme Court
c) Eighteen (18) clearly legible copies of the
from the Regional Trial Court submitting issues of fact
petition shall be filed, together with proof of
may be referred to the Court of Appeals for decision
service on all adverse parties.
or appropriate action. The determination of the
Supreme Court on whether or not issues of fact are
The proceedings for disciplinary action against involved shall be final. (n)
members of the judiciary shall be governed by the

53
Section 7. Procedure if opinion is equally divided. — about to do so, with intent to defraud his
Where the court en banc is equally divided in opinion, creditors; or
or the necessary majority cannot be had, the case
shall again be deliberated on, and if after such (f) In an action against a party who does not
deliberation no decision is reached, the original action reside and is not found in the Philippines, or
commenced in the court shall be dismissed, in on whom summons may be served by
appealed cases, the judgment or order appealed from publication. (1a)
shall stand affirmed; and on all incidental matters, the
petition or motion shall be denied. Section 2. Issuance and contents of order. — An
order of attachment may be issued either ex parte or
upon motion with notice and hearing by the court in
which the action is pending, or by the Court of
Provisional Remedies Appeals or the Supreme Court, and must require the
sheriff of the court to attach so much of the property
in the Philippines of the party against whom it is
issued, not exempt from execution, as may be
RULE 57 sufficient to satisfy the applicant's demand, unless
such party makes deposit or gives a bond as
hereinafter provided in an amount equal to that fixed
Preliminary Attachment in the order, which may be the amount sufficient to
satisfy the applicant's demand or the value of the
Section 1. Grounds upon which attachment may property to be attached as stated by the applicant,
issue. — At the commencement of the action or at exclusive of costs. Several writs may be issued at the
any time before entry of judgment, a plaintiff or any same time to the sheriffs of the courts of different
proper party may have the property of the adverse judicial regions. (2a)
party attached as security for the satisfaction of any
judgment that may be recovered in the following Section 3. Affidavit and bond required. — An order of
cases: attachment shall be granted only when it appears by
the affidavit of the applicant, or of some other person
(a) In an action for the recovery of a specified who personally knows the facts, that a sufficient
amount of money or damages, other than cause of action exists, that the case is one of those
moral and exemplary, on a cause of action mentioned in section 1 hereof, that there is no other
arising from law, contract, quasi-contract, sufficient security for the claim sought to be enforced
delict or quasi-delict against a party who is by the action, and that the amount due to the
about to depart from the Philippines with applicant, or the value of the property the possession
intent to defraud his creditors; of which he is entitled to recover, is as much as the
sum for which the order is granted above all legal
(b) In an action for money or property counterclaims. The affidavit, and the bond required by
embezzled or fraudulently misapplied or the next succeeding section, must be duly filed with
converted to his own use by a public officer, the court before the order issues. (3a)
or an officer of a corporation, or an attorney,
factor, broker, agent, or clerk, in the course of Section 4. Condition of applicant's bond. — The
his employment as such, or by any other party applying for the order must thereafter give a
person in a fiduciary capacity, or for a willful bond executed to the adverse party in the amount
violation of duty; fixed by the court in its order granting the issuance of
the writ, conditioned that the latter will pay all the
(c) In an action to recover the possession of costs which may be adjudged to the adverse party
property unjustly or fraudulently taken, and all damages which he may sustain by reason of
detained or converted, when the property, or the attachment, if the court shall finally adjudge that
any part thereof, has been concealed, the applicant was not entitled thereto. (4a)
removed, or disposed of to prevent its being
found or taken by the applicant or an Section 5. Manner of attaching property. — The
authorized person; sheriff enforcing the writ shall without delay and with
all reasonable diligence attach, to await judgment and
(d) In an action against a party who has been execution in the action, only so much of the property
guilty of a fraud in contracting the debt or in the Philippines of the party against whom the writ is
incurring the obligation upon which the action issued, not exempt from execution, as may be
is brought, or in the performance thereof; sufficient to satisfy the applicant's demand, unless the
former makes a deposit with the court from which the
(e) In an action against a party who has writ is issued, or gives a counter-bond executed to
removed or disposed of his property, or is the applicant, in an amount equal to the bond fixed by

54
the court in the order of attachment or to the value of The registrar of deeds must index
the property to be attached, exclusive of costs. No attachments filed under this section in the
levy on attachment pursuant to the writ issued under names of the applicant, the adverse party, or
section 2 hereof shall be enforced unless it is the person by whom the property is held or in
preceded, or contemporaneously accompanied, by whose name it stands in the records. If the
service of summons, together with a copy of the attachment is not claimed on the entire area
complaint, the application for attachment the of the land covered by the certificate of title, a
applicant's affidavit and bond, and the order and writ description sufficiently accurate for the
of attachment, on the defendant within the identification of the land or interest to be
Philippines. affected shall be included in the registration
of such attachment;
The requirement of prior or contemporaneous service
of summons shall not apply where the summons (b) Personal property capable of manual
could not be served personally or by substituted delivery, by taking and safely keeping it in his
service despite diligent efforts, or the defendant is a custody, after issuing the corresponding
resident of the Philippines temporarily absent receipt therefor.
therefrom, or the defendant is a non-resident of the
Philippines, or the action is one in rem or quasi in (c) Stocks or shares, or an interest in stocks
rem. (5a) or shares, of any corporation or company, by
leaving with the president or managing agent
Section 6. Sheriff's return. — After enforcing the writ, thereof, a copy of the writ, and a notice
the sheriff must likewise without delay make a return stating that the stock or interest of the party
thereon to the court from which the writ issued, with a against whom the attachment is issued is
full statement of his proceedings under the writ and a attached in pursuance of such writ;
complete inventory of the property attached, together
with any counter-bond given by the party against (d) Debts and credits, including bank
whom attachment is issued, and serve copies thereof deposits, financial interest, royalties,
on the applicant. (6a) commissions and other personal property not
capable of manual delivery, by leaving with
Section 7. Attachment of real and personal the person owing such debts, or having in his
property; recording thereof. — Real and personal possession or under his control, such credits
property shall be attached by the sheriff executing the or other personal property, or with his agent,
writ in the following manner: a copy of the writ, and notice that the debts
owing by him to the party against whom
(a) Real property, or growing crops thereon, attachment is issued, and the credits and
or any interest therein, standing upon the other personal property in his possession, or
record of the registry of deeds of the province under his control, belonging to said party, are
in the name of the party against whom attached in pursuance of such writ;
attachment is issued, or not appearing at all
upon such records, or belonging to the party (e) The interest of the party against whom
against whom attachment is issued and held attachment is issued in property belonging to
by any other person, or standing on the the estate of the decedent, whether as heir,
records of the registry of deeds in the name legatee, or devisee, by serving the executor
of any other person, by filing with the registry or administrator or other personal
of deeds a copy of the order, together with a representative of the decedent with a copy of
description of the property attached, and a the writ and notice that said interest is
notice that it is attached, or that such real attached. A copy of said writ of attachment
property and any interest therein held by or and of said notice shall also be filed in the
standing in the name of such other person office of the clerk of the court in which said
are attached, and by leaving a copy of such estate is being settled and served upon the
order, description, and notice with the heir, legatee or devisee concerned.
occupant of the property, if any, or with such
other person or his agent if found within the If the property sought to be attached is in custodia
province. Where the property has been legis, a copy of the writ of attachment shall be filed
brought under the operation of either the with the proper court or quasi-judicial agency, and
Land Registration Act or the Property notice of the attachment served upon the custodian of
Registration Decree, the notice shall contain such property. (7a)
a reference to the number of the certificate of
title, the volume and page in the registration Section 8. Effect of attachment of debts, credits and
book where the certificate is registered, and all other similar personal property. — All persons
the registered owner or owners thereof.
having in their possession or under their control any

55
credits or other similar personal property belonging to proceeds of such sale to be deposited in court to
the party against whom attachment is issued, or abide the judgment in the action. (11a)
owing any debts to him, at the time of service upon
them of the copy of the writ of attachment and notice Section 12. Discharge of attachment upon giving
as provided in the last preceding section, shall be counter-bond. — After a writ of attachment has been
liable to the applicant for the amount of such credits, enforced, the party whose property has been
debts or other similar personal property, until the attached, or the person appearing on his behalf, may
attachment is discharged, or any judgment recovered move for the discharge of the attachment wholly or in
by him is satisfied, unless such property is delivered part on the security given. The court shall, after due
or transferred, or such debts are paid, to the clerk, notice and hearing, order the discharge of the
sheriff, or other proper officer of the court issuing the attachment if the movant makes a cash deposit, or
attachment. (8a) files a counter-bond executed to the attaching party
with the clerk of the court where the application is
Section 9. Effect of attachment of interests in made, in an amount equal to that fixed by the court in
property belonging to the estate of a decedent. — the order of attachment, exclusive of costs. But if the
The attachment of the interest of an heir, legatee, or attachment is sought to be discharged with respect to
devisee in the property belonging to the estate of a a particular property, the counter-bond shall be equal
decedent shall not impair the powers of the executor, to the value of that property as determined by the
administrator, or other personal representative of the court. In either case, the cash deposit or the counter-
decedent over such property for the purpose of bond shall secure the payment of any judgment that
administration. Such personal representative, the attaching party may recover in the action. A notice
however, shall report the attachment to the court of the deposit shall forthwith be served on the
when any petition for distribution is filed, and in the attaching party. Upon the discharge of an attachment
order made upon such petition, distribution may be in accordance with the provisions of this section, the
awarded to such heir, legatee or devisee, but the property attached, or the proceeds of any sale
property attached shall be ordered delivered to the thereof, shall be delivered to the party making the
sheriff making the levy, subject to the claim of such deposit or giving the counter-bond, or to the person
heir, legatee, or devisee, or any person claiming appearing on his behalf, the deposit or counter-bond
under him. (9a) aforesaid standing in place of the property so
released. Should such counter-bond for any reason
Section 10. Examination of party whose property is be found to be or become insufficient, and the party
attached and persons indebted to him or controlling furnishing the same fail to file an additional counter-
his property; delivery of property to sheriff. — Any bond, the attaching party may apply for a new order
person owing debts to the party whose property is of attachment. (12a)
attached or having in his possession or under his
control any credit or other personal property Section 13. Discharge of attachment on other
belonging to such party, may be required to attend grounds. — The party whose property has been
before the court in which the action is pending, or ordered attached may file a motion with the court in
before a commissioner appointed by the court, and which he action is pending, before or after levy or
be examined on oath respecting the same. The party even after the release of the attached property, for an
whose property is attached may also be required to order to set aside or discharge the attachment on the
attend for the purpose of giving information ground that the same was improperly or irregularly
respecting his property, and may be examined on issued or enforced, or that the bond is insufficient. If
oath. The court may, after such examination, order the attachment is excessive, the discharge shall be
personal property capable of manual delivery limited to the excess. If the motion be made on
belonging to him, in the possession of the person so affidavits on the part of the movant but not otherwise,
required to attend before the court, to be delivered to the attaching party may oppose the motion by
the clerk of the court or sheriff on such terms as may counter-affidavits or other evidence in addition to that
be just, having reference to any lien thereon or claim on which the attachment was made. After due notice
against the same, to await the judgment in the action. and hearing, the court shall order the setting aside or
(10a) the corresponding discharge of the attachment if it
appears that it was improperly or irregularly issued or
Section 11. When attached property may be sold enforced, or that the bond is insufficient, or that the
after levy on attachment and before entry of attachment is excessive, and the defect is not cured
judgment. — Whenever it shall be made to appear to forthwith. (13a)
the court in which the action is pending, upon hearing
with notice to both parties, that the property attached Section 14. Proceedings where property claimed by
is perishable, or that the interests of all the parties to third person. — If the property attached is claimed by
the action will be subserved by the sale thereof, the any person other than the party against whom
court may order such property to be sold at public attachment had been issued or his agent, and such
auction in such manner as it may direct, and the person makes an affidavit of his title thereto, or right

56
to the possession thereof, stating the grounds of such or debts, the amount of such credits and
right or title, and serves such affidavit upon the sheriff debts as determined by the court in the
while the latter has possession of the attached action, and stated in the judgment, and
property, and a copy thereof upon the attaching party, paying the proceeds of such collection over
the sheriff shall not be bound to keep the property to the judgment obligee.
under attachment, unless the attaching party or his
agent, on demand of the sheriff, shall file a bond The sheriff shall forthwith make a return in writing to
approved by the court to indemnify the third-party the court of his proceedings under this section and
claimant in a sum not less than the value of the furnish the parties with copies thereof. (15a)
property levied upon. In case of disagreement as to
such value, the same shall be decided by the court Section 16. Balance due collected upon an
issuing the writ of attachment. No claim for damages execution; excess delivered to judgment obligor. — If
for the taking or keeping of the property may be
after realizing upon all the property attached,
enforced against the bond unless the action therefor
including the proceeds of any debts or credits
is filed within one hundred twenty (120) days from the
collected, and applying the proceeds to the
date of the filing of the bond. satisfaction of the judgment less the expenses of
proceedings upon the judgment any balance shall
The sheriff shall not be liable for damages for the remain due, the sheriff must proceed to collect such
taking or keeping of such property to any such third- balance as upon ordinary execution. Whenever the
party claimant, if such bond shall be filed. Nothing judgment shall have been paid, the sheriff, upon
herein contained shall prevent such claimant or any reasonable demand, must return to the judgment
third person from vindicating his claim to the property, obligor the attached property remaining in his hands,
or prevent the attaching party from claiming damages and any proceeds of the sale of the property attached
against a third-party claimant who filed a frivolous or not applied to the judgment. (16a)
plainly spurious claim, in the same or a separate
action. Section 17. Recovery upon the counter-bond. —
When the judgment has become executory, the
When the writ of attachment is issued in favor of the surety or sureties on any counter-bond given
Republic of the Philippines, or any officer duly pursuant to the provisions of this Rule to secure the
representing it, the filing of such bond shall not be payment of the judgment shall become charged on
required, and in case the sheriff is sued for damages such counter-bond and bound to pay the judgment
as a result of the attachment, he shall be represented obligee upon demand the amount due under the
by the Solicitor General, and if held liable therefor, the judgment, which amount may be recovered from such
actual damages adjudged by the court shall be paid surety or sureties after notice and summary hearing
by the National Treasurer out of the funds to be in the same action. (17a)
appropriated for the purpose. (14a)
Section 18. Disposition of money deposited. —
Section 15. Satisfaction of judgment out of property Where the party against whom attachment had been
attached, return of sheriff. — If judgment be issued has deposited money instead of giving
recovered by the attaching party and execution issue counter-bond, it shall be applied under the direction of
thereon, the sheriff may cause the judgment to be the court to the satisfaction of any judgment rendered
satisfied out of the property attached, if it be sufficient in favor of the attaching party, and after satisfying the
for that purpose in the following manner: judgment the balance shall be refunded to the
depositor or his assignee. If the judgment is in favor
(a) By paying to the judgment obligee the of the party against whom attachment was issued, the
proceeds of all sales of perishable or other whole sum deposited must be refunded to him or his
property sold in pursuance of the order of the assignee. (18a)
court, or so much as shall be necessary to
satisfy the judgment; Section 19. Disposition of attached property where
judgment is for party against whom attachment was
(b) If any balance remains due, by selling so issued. — If judgment be rendered against the
much of the property, real or personal, as attaching party, all the proceeds of sales and money
may be necessary to satisfy the balance, if collected or received by the sheriff, under the order of
enough for that purpose remain in the attachment, and all property attached remaining in
sheriff's hands, or in those the clerk of the any such officer's hands, shall be delivered to the
court; party against whom attachment was issued, and the
order of attachment discharged. (19a)
(c) By collecting from all persons having in
their possession credits belonging to the Section 20. Claim for damages on account of
judgment obligor, or owing debts to the latter improper, irregular or excessive attachment. — An
at the time of the attachment of such credits application for damages on account of improper,

57
irregular or excessive attachment must be filed before (b) That the commission, continuance or non-
the trial or before appeal is perfected or before the performance of the act or acts complained of
judgment becomes executory, with due notice to the during the litigation would probably work
attaching party and his surety or sureties setting forth injustice to the applicant; or
the facts showing his right to damages and the
amount thereof. Such damages may be awarded only (c) That a party, court, agency or a person is
after proper hearing and shall be included in the doing, threatening, or is attempting to do, or
judgment on the main case. is procuring or suffering to be done some act
or acts probably in violation of the rights of
If the judgment of the appellate court be favorable to the applicant respecting the subject of the
the party against whom the attachment was issued he action or proceeding, and tending to render
must claim damages sustained during the pendency the judgment ineffectual. (3a)
of the appeal by filing an application in the appellate
court, with notice to the party in whose favor the Section 4. Verified application and bond for
attachment was issued or his surety or sureties, preliminary injunction or temporary restraining order.
before the judgment of the appellate court becomes — A preliminary injunction or temporary restraining
executory. The appellate court may allow the order may be granted only when:
application to be heard and decided by the trial court.
(a) The application in the action or
Nothing herein contained shall prevent the party proceeding is verified, and shows facts
against whom the attachment was issued from entitling the applicant to the relief demanded;
recovering in the same action the damages awarded and
to him from any property of the attaching party not
exempt from execution should the bond or deposit
(b) Unless exempted by the court the
given by the latter be insufficient or fail to fully satisfy
applicant files with the court where the action
the award. (20a) or proceeding is pending, a bond executed to
the party or person enjoined, in an amount to
be fixed by the court, to the effect that the
applicant will pay to such party or person all
RULE 58 damages which he may sustain by reason of
the injunction or temporary restraining order if
Preliminary Injunction the court should finally decide that the
applicant was not entitled thereto. Upon
Section 1. Preliminary injunction defined; classes. — approval of the requisite bond, a writ of
A preliminary injunction is an order granted at any preliminary injunction shall be issued. (4a)
stage of an action or proceeding prior to the judgment
or final order, requiring a party or a court, agency or a (c) When an application for a writ of
person to refrain from a particular act or acts. It may preliminary injunction or a temporary
also require the performance of a particular act or restraining order is included in a complaint or
acts, in which case it shall be known as a preliminary any initiatory pleading, the case, if filed in a
mandatory injunction. (1a) multiple-sala court, shall be raffled only after
notice to and in the presence of the adverse
Section 2. Who may grant preliminary injunction. — party or the person to be enjoined. In any
event, such notice shall be preceded, or
A preliminary injunction may be granted by the court
contemporaneously accompanied, by service
where the action or proceeding is pending. If the
action or proceeding is pending in the Court of of summons, together with a copy of the
complaint or initiatory pleading and the
Appeals or in the Supreme Court, it may be issued by
applicant's affidavit and bond, upon the
said court or any member thereof. (2a)
adverse party in the Philippines.
Section 3. Grounds for issuance of preliminary
injunction. — A preliminary injunction may be granted However, where the summons could not be
served personally or by substituted service
when it is established:
despite diligent efforts, or the adverse party is
a resident of the Philippines temporarily
(a) That the applicant is entitled to the relief absent therefrom or is a nonresident thereof,
demanded, and the whole or part of such the requirement of prior or contemporaneous
relief consists in restraining the commission service of summons shall not apply.
or continuance of the act or acts complained
of, or in requiring the performance of an act
(d) The application for a temporary
or acts either for a limited period or
restraining order shall thereafter be acted
perpetually;
upon only after all parties are heard in a

58
 summary hearing which shall be conducted order issued by the Supreme Court or a member
within twenty-four (24) hours after the thereof shall be effective until further orders. (5a)
sheriff's return of service and/or the records
are received by the branch selected by raffle Section 6. Grounds for objection to, or for motion of
and to which the records shall be transmitted dissolution of, injunction or restraining order. — The
immediately. application for injunction or restraining order may be
denied, upon a showing of its insufficiency. The
Section 5. Preliminary injunction not granted without injunction or restraining order may also be denied, or,
notice; exception. — No preliminary injunction shall if granted, may be dissolved, on other grounds upon
be granted without hearing and prior notice to the affidavits of the party or person enjoined, which may
party or person sought to be enjoined. If it shall be opposed by the applicant also by affidavits. It may
appear from facts shown by affidavits or by the further be denied, or if granted, may be dissolved, if it
verified application that great or irreparable injury appears after hearing that although the applicant is
would result to the applicant before the matter can be entitled to the injunction or restraining order, the
heard on notice, the court to which the application for issuance or continuance thereof, as the case may be,
preliminary injunction was made, may issue a would cause irreparable damage to the party or
temporary restraining order to be effective only for a person enjoined while the applicant can be fully
period of twenty (20) days from service on the party compensated for such damages as he may suffer,
or person sought to be enjoined, except as herein and the former files a bond in an amount fixed by the
provided. Within the said twenty-day period, the court court conditioned that he will pay all damages which
must order said party or person to show cause, at a the applicant may suffer by the denial or the
specified time and place, why the injunction should dissolution of the injunction or restraining order. If it
not be granted, determine within the same period appears that the extent of the preliminary injunction or
whether or not the preliminary injunction shall be restraining order granted is too great, it may be
granted, and accordingly issue the corresponding modified. (6a)
order. (Bar Matter No. 803, 17 February 1998)
Section 7. Service of copies of bonds; effect of
However, and subject to the provisions of the disapproval of same. — The party filing a bond in
preceding sections, if the matter is of extreme accordance with the provisions of this Rule shall
urgency and the applicant will suffer grave injustice forthwith serve a copy of such bond on the other
and irreparable injury, the executive judge of a party, who may except to the sufficiency of the bond,
multiple-sala court or the presiding judge of a single or of the surety or sureties thereon. If the applicant's
sala court may issue ex parte a temporary restraining bond is found to be insufficient in amount, or if the
order effective for only seventy-two (72) hours from surety or sureties thereon fail to justify, and a bond
issuance but he shall immediately comply with the sufficient in amount with sufficient sureties approved
provisions of the next preceding section as to service after justification is not filed forthwith the injunction
of summons and the documents to be served shall be dissolved. If the bond of the adverse party is
therewith. Thereafter, within the aforesaid seventy- found to be insufficient in amount, or the surety or
two (72) hours, the judge before whom the case is sureties thereon fail to justify a bond sufficient in
pending shall conduct a summary hearing to amount with sufficient sureties approved after
determine whether the temporary restraining order justification is not filed forthwith, the injunction shall
shall be extended until the application for preliminary be granted or restored, as the case may be. (8a)
injunction can be heard. In no case shall the total
period of effectivity of the temporary restraining order Section 8. Judgment to include damages against
exceed twenty (20) days, including the original party and sureties. — At the trial, the amount of
seventy-two hours provided herein. damages to be awarded to either party, upon the
bond of the adverse party, shall be claimed,
In the event that the application for preliminary ascertained, and awarded under the same procedure
injunction is denied or not resolved within the said prescribed in section 20 of Rule 57. (9a)
period, the temporary restraining order is deemed,
automatically vacated. The effectivity of a temporary Section 9. When final injunction granted. — If after
restraining order is not extendible without need of any the trial of the action it appears that the applicant is
judicial declaration to that effect and no court shall entitled to have the act or acts complained of
have authority to extend or renew the same on the permanently enjoined the court shall grant a final
same ground for which it was issued. injunction perpetually restraining the party or person
enjoined from the commission or continuance of the
However, if issued by the Court of Appeals or a act or acts of confirming the preliminary mandatory
member thereof, the temporary restraining order shall injunction. (10a)
be effective for sixty (60) days from service on the
party or person sought to be enjoined. A restraining,

59
 RULE 59 sufficient cause; and the court may, in its discretion,
at any time after the appointment, require an
Receivership additional bond as further security for such damages.
(3a)
Section 1. Appointment of receiver. — Upon a
verified application, one or more receivers of the Section 3. Denial of application or discharge of
property subject of the action or proceeding may be receiver. — The application may be denied, or the
appointed by the court where the action is pending or receiver discharged, when the adverse party files a
by the Court of Appeals or by the Supreme Court, or bond executed to the applicant, in an amount to be
a member thereof, in the following cases: fixed by the court, to the effect that such party will pay
the applicant all damages he may suffer by reason of
the acts, omissions, or other matters specified in the
(a) When it appears from the verified
application as ground for such appointment. The
application, and such other proof as the court
receiver may also be discharged if it is shown that his
may require, that the party applying for the
appointment of a receiver has an interest in appointment was obtained without sufficient cause.
the property or fund which is the subject of (4a)
the action or proceeding, and that such
property or fund is in danger of being lost, Section 4. Oath and bond of receiver. — Before
removed, or materially injured unless a entering upon his duties, the receiver shall be sworn
receiver be appointed to administer and to perform them faithfully, and shall file a bond,
preserve it; executed to such person and in such sum as the
court may direct, to the effect that he will faithfully
discharge his duties in the action or proceeding and
(b) When it appears in an action by the
obey the orders of the court. (5a)
mortgagee for the foreclosure of a mortgage
that the property is in danger of being wasted
or dissipated or materially injured, and that its Section 5. Service of copies of bonds; effect of
value is probably insufficient to discharge the disapproval of same. — The person filing a bond in
mortgage debt, or that the parties have so accordance with the provisions of this Rule shall
stipulated in the contract of mortgage; forthwith serve a copy thereof on each interested
party, who may except to its sufficiency or of the
(c) After judgment, to preserve the property surety or sureties thereon. If either the applicant's or
the receiver's bond is found to be insufficient in
during the pendency of an appeal, or to
amount, or if the surety or sureties thereon fail to
dispose of it according to the judgment, or to
justify, and a bond sufficient in amount with sufficient
aid execution when the execution has been
sureties approved after justification is not filed
returned unsatisfied or the judgment obligor
refuses to apply his property in satisfaction of forthwith, the application shall be denied or the
the judgment, or otherwise to carry the receiver discharged, as the case may be. If the bond
of the adverse party is found to be insufficient in
judgment into effect;
amount or the surety or sureties thereon fail to justify,
and a bond sufficient in amount with sufficient
(d) Whenever in other cases it appears that sureties approved after justification is not filed
the appointment of a receiver is the most forthwith, the receiver shall be appointed or re-
convenient and feasible means of preserving, appointed, as the case may be. (6a)
administering, or disposing of the property in
litigation.
Section 6. General powers of receiver. — Subject to
the control of the court in which the action or
During the pendency of an appeal, the appellate court proceeding is pending a receiver shall have the
may allow an application for the appointment of a power to bring and defend, in such capacity, actions
receiver to be filed in and decided by the court of in his own name; to take and keep possession of the
origin and the receiver appointed to be subject to the property in controversy; to receive rents; to collect
control of said court. (1a) debts due to himself as receiver or to the fund,
property, estate, person, or corporation of which he is
Section 2. Bond on appointment of receiver. — the receiver; to compound for and compromise the
Before issuing the order appointing a receiver the same; to make transfers; to pay outstanding debts; to
court shall require the applicant to file a bond divide the money and other property that shall remain
executed to the party against whom the application is among the persons legally entitled to receive the
presented, in an amount to be fixed by the court, to same; and generally to do such acts respecting the
the effect that the applicant will pay such party all property as the court may authorize. However, funds
damages he may sustain by reason of the in the hands of a receiver may be invested only by
appointment of such receiver in case the applicant order of the court upon the written consent of all the
shall have procured such appointment without parties to the action. (7a)

60
 No action may be filed by or against a receiver (a) That the applicant is the owner of the
without leave of the court which appointed him. (n) property claimed, particularly describing it, or
is entitled to the possession thereof;
Section 7. Liability for refusal or neglect to deliver
property to receiver. — A person who refuses or (b) That the property is wrongfully detained
neglects, upon reasonable demand, to deliver to the by the adverse party, alleging the cause of
receiver all the property, money, books, deeds, notes, detention thereof according to the best of his
bills, documents and papers within his power or knowledge, information, and belief ;
control, subject of or involved in the action or
proceeding, or in case of disagreement, as (c) That the property has not been distrained
determined and ordered by the court, may be or taken for a tax assessment or a fine
punished for contempt and shall be liable to the pursuant to law, or seized under a writ of
receiver for the money or the value of the property execution or preliminary attachment, or
and other things so refused or neglected to be otherwise placed under custodia legis, or if so
surrendered, together with all damages that may seized, that it is exempt from such seizure or
have been sustained by the party or parties entitled custody; and
thereto as a consequence of such refusal or neglect.
(n)
(d) The actual market value of the property.

Section 8. Termination of receivership; compensation

The applicant must also give a bond, executed to the
of receiver. — Whenever the court, motu proprio or
adverse party in double the value of the property as
on motion of either party, shall determine that the
stated in the affidavit aforementioned, for the return of
necessity for a receiver no longer exists, it shall, after
the property to the adverse party if such return be
due notice to all interested parties and hearing, settle
adjudged, and for the payment to the adverse party of
the accounts of the receiver, direct the delivery of the
such sum as he may recover from the applicant in the
funds and other property in his possession to the action. (2a)
person adjudged to be entitled to receive them and
order the discharge of the receiver from further duty
as such. The court shall allow the receiver such Section 3. Order. — Upon the filing of such affidavit
reasonable compensation as the circumstances of and approval of the bond, the court shall issue an
the case warrant, to be taxed as costs against the order and the corresponding writ of replevin,
defeated party, or apportioned, as justice requires. describing the personal property alleged to be
(8a) wrongfully detained and requiring the sheriff forthwith
to take such property into his custody. (3a)
Section 9. Judgment to include recovery against
sureties. — The amount, if any, to be awarded to any Section 4. Duty of the sheriff. — Upon receiving such
party upon any bond filed in accordance with the order, the sheriff must serve a copy thereof on the
provisions of this Rule, shall be claimed, ascertained, adverse party, together with a copy of the application,
and granted under the same procedure prescribed in affidavit and bond, and must forthwith take the
section 20 of Rule 57. (9a) property, if it be in the possession of the adverse
party, or his agent, and retain it in his custody. If the
property or any part thereof be concealed in a
building or enclosure, the sheriff must demand its
delivery, and if it be not delivered, he must cause the
RULE 60 building or enclosure to be broken open and take the
property into his possession. After the sheriff has take
Replevin possession of the property as herein provided, he
must keep it in a secure place and shall be
Section 1. Application. — A party praying for the responsible for its delivery to the party entitled thereto
recovery of possession of personal property may, at upon receiving his fees and necessary expenses for
the commencement of the action or at any time taking and keeping the same. (4a)
before answer, apply for an order for the delivery of
such property to him, in the manner hereinafter Section 5. Return of property. — If the adverse party
provided. (1a) objects to the sufficiency of the applicant's bond, or of
the surety or sureties thereon, he cannot immediately
Section 2. Affidavit and bond. — The applicant must require the return of the property, but if he does not
show by his own affidavit or that of some other so object, he may, at any time before the delivery of
person who personally knows the facts: the property to the applicant, require the return
thereof, by filing with the court where the action is
pending a bond executed to the applicant, in double
the value of the property as stated in the applicant's
affidavit for the delivery thereof to the applicant, if

61
 such delivery be adjudged, and for the payment of Section 8. Return of papers. — The sheriff must file
such sum, to him as may be recovered against the the order, with his proceedings indorsed, thereon,
adverse party, and by serving a copy of such bond on with the court within ten (10) days after taking the
the applicant. (5a) property mentioned therein. (8a)

Section 6. Disposition of property by sheriff. — If Section 9. Judgment. — After trial of the issues the
within five (5) days after the taking of the property by court shall determine who has the right of possession
the sheriff, the adverse party does not object to the to and the value of the property and shall render
sufficiency of the bond, or of the surety or sureties judgment in the alternative for the delivery thereof to
thereon; or if the adverse party so objects and the the party entitled to the same, or for its value in case
court affirms its approval of the applicant's bond or delivery cannot be made, and also for such damages
approves a new bond, or if the adverse party requires as either party may prove, with costs. (9a)
the return of the property but his bond is objected to
and found insufficient and he does not forthwith file Section 10. Judgment to include recovery against
an approved bond, the property shall be delivered to sureties. — The amount, if any, to be awarded to any
the applicant. If for any reason the property is not party upon any bond filed in accordance with the
delivered to the applicant, the sheriff must return it to provisions of this Rule, shall be claimed, ascertained,
the adverse party. (6a) and granted under the same procedure as prescribed
in section 20 of Rule 57. (10a)
Section 7. Proceedings where property claimed by
third person. — If the property taken is claimed by
any person other than the party against whom the writ
of replevin had been issued or his agent, and such RULE 61
person makes an affidavit of his title thereto, or right
to the possession thereof, stating the grounds
therefor, and serves such affidavit upon the sheriff Support Pendente Lite
while the latter has possession of the property and a
copy thereof upon the applicant, the sheriff shall not Section 1. Application. — At the commencement of
be bound to keep the property under replevin or the proper action or proceeding, or at any time prior
deliver it to the applicant unless the applicant or his to the judgment or final order, a verified application
agent, on demand of said sheriff, shall file a bond for support pendente lite may be filed by any party
approved by the court to indemnify the third-party stating the grounds for the claim and the financial
claimant in a sum not less than the value of the conditions of both parties, and accompanied by
property under replevin as provided in section 2 affidavits, depositions or other authentic documents in
hereof. In case of disagreement as to such value, the support thereof. (1a)
court shall determine the same. No claim for
damages for the taking or keeping, of the property Section 2. Comment. — A copy of the application
may be enforced against the bond unless the action and all supporting documents shall be served upon
therefor is filed within one hundred twenty (120) days the adverse party, who shall have five (5) days to
from the date of the filing of the bond. comment thereon unless a different period is fixed by
the court upon his motion. The comment shall be
The sheriff shall not be liable for damages, for the verified and shall be accompanied by affidavits,
taking or keeping of such property, to any such third- depositions or other authentic documents in support
party claimant if such bond shall be filed. Nothing thereof. (2a, 3a)
herein contained shall prevent such claimant or any
third person from vindicating his claim to the property, Section 3. Hearing. — After the comment is filed, or
or prevent the applicant from claiming damages after the expiration of the period for its filing, the
against a third-party claimant who filed a frivolous or application shall be set for hearing not more than
plainly spurious claim, in the same or a separate three (3) days thereafter. The facts in issue shall be
action. proved in the same manner as is provided for
evidence on motions. (4a)
When the writ of replevin is issued in favor of the
Republic of the Philippines, or any officer duly Section 4. Order. — The court shall determine
representing it, the filing of such bond shall not be provisionally the pertinent facts, and shall render such
required, and in case the sheriff is sued for damages orders as justice and equity may require, having the
as a result of the replevin, he shall be represented by regard to the probable outcome of the case and such
the Solicitor General, and if held liable therefor, the other circumstances as may aid in the proper
actual damages adjudged by the court shall be paid resolution of the question involved. If the application
by the National Treasurer out of the funds to be is granted, the court shall fix the amount of money to
appropriated for the purpose. (7a) be provisionally paid or such other forms of support
as should be provided, taking into account the

62
 necessities of the applicant and the resources or or may be made against a person who claims no
means of the adverse party, and the terms of interest whatever in the subject matter, or an interest
payment or mode for providing the support. If the which in whole or in part is not disputed by the
application is denied, the principal case shall be tried claimants, he may bring an action against the
and decided as early as possible. (5a) conflicting claimants to compel them to interplead and
litigate their several claims among themselves. (1a,
Section 5. Enforcement of order. — If the adverse R63)
party fails to comply with an order granting
support pendente lite, the court shall, motu proprio or Section 2. Order. — Upon the filing of the complaint,
upon motion; issue an order of execution against him, the court shall issue an order requiring the conflicting
without prejudice to his liability for contempt. (6a) claimants to interplead with one another. If the
interests of justice so require, the court may direct in
When the person ordered to give support pendente such order that the subject matter be paid or
lite refuses or fails to do so, any third person who delivered to the court. (2a, R63)
furnished that support to the applicant may, after due
notice and hearing in the same case obtain a writ of Section 3. Summons. — Summons shall be served
execution to enforce his right of reimbursement upon the conflicting claimants, together with a copy of
against the person ordered to provide such support. the complaint and order. (3, R63)
(h)
Section 4. Motion to dismiss. — Within the time for
Section 6. Support in criminal cases. — In criminal filing an answer, each claimant may file a motion to
actions where the civil liability includes support for the dismiss on the ground of impropriety of the
offspring as a consequence of the crime and the civil interpleader action or on other appropriate grounds
aspect thereof has not been waived, reserved and specified in Rule 16. The period to file the answer
instituted prior to its filing, the accused may be shall be tolled and if the motion is denied, the movant
ordered to provide support pendente lite to the child may file his answer within the remaining period, but
born to the offended party allegedly because of the which shall not be less than five (5) days in any
crime. The application therefor may be filed event, reckoned from notice of denial. (n)
successively by the offended party, her parents,
grandparents or guardian and the State in the Section 5. Answer and other pleadings. — Each
corresponding criminal case during its pendency, in claimant shall file his answer setting forth his claim
accordance with the procedure established under this within fifteen (15) days from service of the summons
Rule. (n) upon him, serving a copy thereof upon each of the
other conflicting claimants who may file their reply
Section 7. Restitution. — When the judgment or final thereto as provided by these Rules. If any claimant
order of the court finds that the person who has been fails to plead within the time herein fixed, the court
providing support pendente lite is not liable therefor, it may, on motion, declare him in default and thereafter
shall order the recipient thereof to return to the former render judgment barring him from any claim in
the amounts already paid with legal interest from the respect to the subject matter.
dates of actual payment, without prejudice to the right
of the recipient to obtain reimbursement in a separate The parties in an interpleader action may file
action from the person legally obliged to give the counterclaims, cross-claims, third-party complaints
support. Should the recipient fail to reimburse said and responsive pleadings thereto, as provided by
amounts, the person who provided the same may these Rules. (4a, R63)
likewise seek reimbursement thereof in a separate
action from the person legally obliged to give such Section 6. Determination. — After the pleadings of
support. (n) the conflicting claimants have been filed, and pre-trial
has been conducted in accordance with the Rules,
the court shall proceed to determine their respective
rights and adjudicate their several claims. (5a, R63)
Special Civil Actions
Section 7. Docket and other lawful fees, costs and
litigation expenses as liens. — The docket and other
lawful fees paid by the party who filed a complaint
RULE 62 under this Rule, as well as the costs and litigation
expenses, shall constitute a lien or change upon the
Interpleader subject matter of the action, unless the court shall
order otherwise. (6a, R63)
Section 1. When interpleader proper. — Whenever
conflicting claims upon the same subject matter are

63
 RULE 63 the parties shall be allowed to file such pleadings as
may be necessary or proper. (6a, R64)
Declaratory Relief and Similar Remedies

Section 1. Who may file petition. — Any person

interested under a deed, will, contract or other written RULE 64
instrument, or whose rights are affected by a statute,
executive order or regulation, ordinance, or any other Review of Judgments and Final Orders or
governmental regulation may, before breach or Resolutions of the Commission on Elections and
violation thereof bring an action in the appropriate the Commission on Audit
Regional Trial Court to determine any question of
construction or validity arising, and for a declaration Section 1. Scope. — This Rule shall govern the
of his rights or duties, thereunder. (Bar Matter No.
review of judgments and final orders or resolutions of
803, 17 February 1998) the Commission on Elections and the Commission on
Audit. (n)
An action for the reformation of an instrument, to
quiet title to real property or remove clouds therefrom, Section 2. Mode of review. — A judgment or final
or to consolidate ownership under Article 1607 of the
order or resolution of the Commission on Elections
Civil Code, may be brought under this Rule. (1a, R64) and the Commission on Audit may be brought by the
aggrieved party to the Supreme Court
Section 2. Parties. — All persons who have or claim on certiorari under Rule 65, except as hereinafter
any interest which would be affected by the provided. (n; Bar Matter No. 803, 17 February 1998)
declaration shall be made parties; and no declaration
shall, except as otherwise provided in these Rules, Section 3. Time to file petition. — The petition shall
prejudice the rights of persons not parties to the be filed within thirty (30) days from notice of the
action. (2a, R64)
judgment or final order or resolution sought to be
reviewed. The filing of a motion for new trial or
Section 3. Notice on Solicitor General. — In any reconsideration of said judgment or final order or
action which involves the validity of a statute, resolution, if allowed under the procedural rules of the
executive order or regulation, or any other Commission concerned, shall interrupt the period
governmental regulation, the Solicitor General shall herein fixed. If the motion is denied, the aggrieved
be notified by the party assailing the same and shall party may file the petition within the remaining period,
be entitled to be heard upon such question. (3a, R64) but which shall not be less than five (5) days in any
event, reckoned from notice of denial. (n)
Section 4. Local government ordinances. — In any
action involving the validity of a local government Section 4. Docket and other lawful fees. — Upon the
ordinance, the corresponding prosecutor or attorney filing of the petition, the petitioner shall pay to the
of the local governmental unit involved shall be clerk of court the docket and other lawful fees and
similarly notified and entitled to be heard. If such deposit the amount of P500.00 for costs. (n)
ordinance is alleged to be unconstitutional, the
Solicitor General shall also be notified and entitled to Section 5. Form and contents of petition. — The
be heard. (4a, R64)
petition shall be verified and filed in eighteen (18)
legible copies. The petition shall name the aggrieved
Section 5. Court action discretionary. — Except in party as petitioner and shall join as respondents the
actions falling under the second paragraph of section Commission concerned and the person or persons
1 of this Rule, the court, motu proprio or upon motion, interested in sustaining the judgment, final order or
may refuse to exercise the power to declare rights resolution a quo. The petition shall state the facts with
and to construe instruments in any case where a certainty, present clearly the issues involved, set forth
decision would not terminate the uncertainty or the grounds and brief arguments relied upon for
controversy which gave rise to the action, or in any review, and pray for judgment annulling or modifying
case where the declaration or construction is not the questioned judgment, final order or resolution.
necessary and proper under the circumstances. (5a, Findings of fact of the Commission supported by
R64) substantial evidence shall be final and non-
reviewable.
Section 6. Conversion into ordinary action. — If
before the final termination of the case, a breach or The petition shall be accompanied by a clearly legible
violation of an instrument or a statute, executive order duplicate original or certified true copy of the
or regulation, ordinance, or any other governmental judgment, final order or resolution subject thereof,
regulation should take place, the action may together with certified true copies of such material
thereupon be converted into an ordinary action, and portions of the record as are referred to therein and

64
 other documents relevant and pertinent thereto. The Certiorari, Prohibition and Mandamus
requisite number of copies of the petition shall contain
plain copies of all documents attached to the original Section 1. Petition for certiorari. — When any
copy of said petition. tribunal, board or officer exercising judicial or quasi-
judicial functions has acted without or in excess its or
The petition shall state the specific material dates his jurisdiction, or with grave abuse of discretion
showing that it was filed within the period fixed herein, amounting to lack or excess of jurisdiction, and there
and shall contain a sworn certification against forum is no appeal, or any plain, speedy, and adequate
shopping as provided in the third paragraph of section remedy in the ordinary course of law, a person
3, Rule 46. aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and
The petition shall further be accompanied by proof of praying that judgment be rendered annulling or
service of a copy thereof on the Commission modifying the proceedings of such tribunal, board or
concerned and on the adverse party, and of the officer, and granting such incidental reliefs as law and
timely payment of docket and other lawful fees. justice may require.

The failure of petitioner to comply with any of the The petition shall be accompanied by a certified true
foregoing requirements shall be sufficient ground for copy of the judgment, order or resolution subject
the dismissal of the petition. (n) thereof, copies of all pleadings and documents
relevant and pertinent thereto, and a sworn
Section 6. Order to comment. — If the Supreme certification of non-forum shopping as provided in the
third paragraph of section 3, Rule 46. (1a)
Court finds the petition sufficient in form and
substance, it shall order the respondents to file their
comments on the petition within ten (10) days from Section 2. Petition for prohibition. — When the
notice thereof; otherwise, the Court may dismiss the proceedings of any tribunal, corporation, board,
petition outright. The Court may also dismiss the officer or person, whether exercising judicial, quasi-
petition if it was filed manifestly for delay or the judicial or ministerial functions, are without or in
questions raised are too unsubstantial to warrant excess of its or his jurisdiction, or with grave abuse of
further proceedings. (n) discretion amounting to lack or excess of jurisdiction,
and there is no appeal or any other plain, speedy,
Section 7. Comments of respondents. — The and adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition
comments of the respondents shall be filed in
in the proper court, alleging the facts with certainty
eighteen (18) legible copies. The original shall be
and praying that judgment be rendered commanding
accompanied by certified true copies of such material
the respondent to desist from further proceedings in
portions of the record as are referred to therein
together with other supporting papers. The requisite the action or matter specified therein, or otherwise
number of copies of the comments shall contain plain granting such incidental reliefs as law and justice may
require.
copies of all documents attached to the original and a
copy thereof shall be served on the petitioner.
The petition shall likewise be accompanied by a
No other pleading may be filed by any party unless certified true copy of the judgment, order or resolution
required or allowed by the Court. (n) subject thereof, copies of all pleadings and
documents relevant and pertinent thereto, and a
sworn certification of non-forum shopping as provided
Section 8. Effect of filing. — The filing of a petition in the third paragraph of section 3, Rule 46. (2a)
for certiorari shall not stay the execution of the
judgment or final order or resolution sought to be
Section 3. Petition for mandamus. — When any
reviewed, unless the Supreme Court shall direct
tribunal, corporation, board, officer or person
otherwise upon such terms as it may deem just. (n)
unlawfully neglects the performance of an act which
the law specifically enjoins as a duty resulting from an
Section 9. Submission for decision. — Unless the office, trust, or station, or unlawfully excludes another
Court sets the case for oral argument, or requires the from the use and enjoyment of a right or office to
parties to submit memoranda, the case shall be which such other is entitled, and there is no other
deemed submitted for decision upon the filing of the plain, speedy and adequate remedy in the ordinary
comments on the petition, or of such other pleadings course of law, the person aggrieved thereby may file
or papers as may be required or allowed, or the a verified petition in the proper court, alleging the
expiration of the period to do so. (n) facts with certainty and praying that judgment be
rendered commanding the respondent, immediately
or at some other time to be specified by the court, to
do the act required to be done to protect the rights of
RULE 65 the petitioner, and to pay the damages sustained by

65
 the petitioner by reason of the wrongful acts of the Section 6. Order to comment. — If the petition is
respondent. sufficient in form and substance to justify such
process, the court shall issue an order requiring the
The petition shall also contain a sworn certification of respondent or respondents to comment on the
non-forum shopping as provided in the third petition within ten (10) days from receipt of a copy
paragraph of section 3, Rule 46. (3a) thereof. Such order shall be served on the
respondents in such manner as the court may direct
Section 4. When and where petition filed. — The together with a copy of the petition and any annexes
thereto.
petition shall be filed not later than sixty (60) days
from notice of the judgment, order or resolution. In
case a motion for reconsideration or new trial is timely In petitions for certiorari before the Supreme Court
filed, whether such motion is required or not, the sixty and the Court of Appeals, the provisions of section 2,
(60) day period shall be counted from notice of the Rule 56, shall be observed. Before giving due course
denial of said motion. thereto, the court may require the respondents to file
their comment to, and not a motion to dismiss, the
The petition shall be filed in the Supreme Court or, if it petition. Thereafter, the court may require the filing of
a reply and such other responsive or other pleadings
relates to the acts or omissions of a lower court or of
as it may deem necessary and proper. (6a)
a corporation, board, officer or person, in the
Regional Trial Court exercising jurisdiction over the
territorial area as defined by the Supreme Court. It Section 7. Expediting proceedings; injunctive
may also be filed in the Court of Appeals whether or relief. — The court in which the petition is filed may
not the same is in aid of its appellate jurisdiction, or in issue orders expediting the proceedings, and it may
the Sandiganbayan if it is in aid of its appellate also grant a temporary restraining order or a writ of
jurisdiction. If it involves the acts or omissions of a preliminary injunction for the preservation of the rights
quasi-judicial agency, unless otherwise provided by of the parties pending such proceedings. The petition
law or these Rules, the petition shall be filed in and shall not interrupt the course of the principal case
cognizable only by the Court of Appeals. unless a temporary restraining order or a writ of
preliminary injunction has been issued against the
public respondent from further proceeding in the
No extension of time to file the petition shall be
case. (7a)
granted except for compelling reason and in no case
exceeding fifteen (15) days. (4a) (Bar Matter No. 803,
21 July 1998; A.M. No. 00-2-03-SC) Section 8. Proceedings after comment is filed. —
After the comment or other pleadings required by the
Section 5. Respondents and costs in certain cases. court are filed, or the time for the filing thereof has
expired, the court may hear the case or require the
— When the petition filed relates to the acts or
omissions of a judge, court, quasi-judicial agency, parties to submit memoranda. If after such hearing or
tribunal, corporation, board, officer or person, the submission of memoranda or the expiration of the
period for the filing thereof the court finds that the
petitioner shall join, as private respondent or
allegations of the petition are true, it shall render
respondents with such public respondent or
judgment for the relief prayed for or to which the
respondents, the person or persons interested in
petitioner is entitled.
sustaining the proceedings in the court; and it shall be
the duty of such private respondents to appear and
defend, both in his or their own behalf and in behalf of The court, however, may dismiss the petition if it finds
the public respondent or respondents affected by the the same to be patently without merit, prosecuted
proceedings, and the costs awarded in such manifestly for delay, or that the questions raised
proceedings in favor of the petitioner shall be against therein are too unsubstantial to require consideration.
the private respondents only, and not against the (8a)
judge, court, quasi-judicial agency, tribunal,
corporation, board, officer or person impleaded as Section 9. Service and enforcement of order or
public respondent or respondents. judgment. — A certified copy of the judgment
rendered in accordance with the last preceding
Unless otherwise specifically directed by the court section shall be served upon the court, quasi-judicial
where the petition is pending, the public respondents agency, tribunal, corporation, board, officer or person
shall not appear in or file an answer or comment to concerned in such manner as the court may direct,
the petition or any pleading therein. If the case is and disobedience thereto shall be punished as
elevated to a higher court by either party, the public contempt. An execution may issue for any damages
respondents shall be included therein as nominal or costs awarded in accordance with section 1 of
parties. However, unless otherwise specifically Rule 39. (9a)
directed by the court, they shall not appear or
participate in the proceedings therein. (5a)

66
 RULE 66 Section 6. Parties and contents of petition against
usurpation. — When the action is against a person for
Quo Warranto usurping a public office, position or franchise, the
petition shall set forth the name of the person who
Section 1. Action by Government against individuals. claim to be entitled thereto, if any, with an averment
of his right to the same and that the respondent is
— An action for the usurpation of a public office,
unlawfully in possession thereof. All persons who
position or franchise may be commenced by a
claim to be entitled to the public office, position or
verified petition brought in the name of the Republic
franchise may be made parties, and their respective
of the Philippines against:
rights to such public office, position or franchise
determined, in the same action. (7a)
(a) A person who usurps, intrudes into, or
unlawfully holds or exercises a public office,
Section 7. Venue. — An action under the preceding
position or franchise;
six sections can be brought only in the Supreme
Court, the Court of Appeals, or in the Regional Trial
(b) A public officer who does or suffers an act Court exercising jurisdiction over the territorial area
which, by the provision of law, constitutes a where the respondent or any of the respondents
ground for the forfeiture of his office; or resides, but when the Solicitor General commences
the action, it may be brought in a Regional Trial Court
(c) An association which acts as a in the City of Manila, in the Court of Appeals, or in the
corporation within the Philippines without Supreme Court. (8a)
being legally incorporated or without lawful
authority so to act. (1a) Section 8. Period for pleadings and proceedings may
be reduced; action given precedence. — The court
Section 2. When Solicitor General or public may reduce the period provided by these Rules for
prosecutor must commence action. — The Solicitor filing pleadings and for all other proceedings in the
General or a public prosecutor, when directed by the action in order to secure the most expeditious
President of the Philippines, or when upon complaint determination of the matters involved therein
or otherwise he has good reason to believe that any consistent with the rights of the parties. Such action
case specified in the preceding section can be may be given precedence over any other civil matter
established by proof, must commence such action. pending in the court. (9a)
(3a)
Section 9. Judgment where usurpation found. —
Section 3. When Solicitor General or public When the respondent is found guilty of usurping into,
prosecutor may commence action with permission of intruding into, or unlawfully holding or exercising a
court. — The Solicitor General or a public prosecutor public office, position or franchise, judgment shall be
may, with the permission of the court in which the rendered that such respondent be ousted and
action is to be commenced, bring such an action at altogether excluded therefrom, and that the petitioner
the request and upon the relation of another person; or relator, as the case may be, recover his costs.
but in such case the officer bringing it may first Such further judgment may be rendered determining
require an indemnity for the expenses and costs of the respective rights in and to the public office,
the action in an amount approved by and to be position or franchise of all the parties to the action as
deposited in the court by the person at whose request justice requires. (10a)
and upon whose relation the same is brought. (4a)
Section 10. Rights of persons adjudged entitled to
Section 4. When hearing had on application for public office; delivery of books and papers; damages.
permission to commence action. — Upon application — If judgment be rendered in favor of the person
for permission to commence such action in averred in the complaint to be entitled to the public
accordance with the next preceding section, the court office he may, after taking the oath of office and
shall direct that notice be given to the respondent so executing any official bond required by law, take upon
that he may be heard in opposition thereto; and if himself the execution of the office, and may
permission is granted, the court shall issue an order immediately thereafter demand of the respondent all
to that effect, copies of which shall be served on all the books and papers in the respondent's custody or
interested parties, and the petition shall then be filed control appertaining to the office to which the
within the period ordered by the court. (5a) judgment relates. If the respondent refuses or
neglects to deliver any book or paper pursuant to
Section 5. When an individual may commence such such demand, he may be punished for contempt as
an action. — A person claiming to be entitled to a having disobeyed a lawful order of the court. The
public office or position usurped or unlawfully held or person adjudged entitled to the office may also bring
exercised by another may bring an action therefor in action against the respondent to recover the
his own name. (6)

67
damages sustained by such person by reason of the If personal property is involved, its value shall be
usurpation. (15a) provisionally ascertained and the amount to be
deposited shall be promptly fixed by the court.
Section 11. Limitations. — Nothing contained in this
Rule shall be construed to authorize an action against After such deposit is made the court shall order the
a public officer or employee for his ouster from office sheriff or other proper officer to forthwith place the
unless the same be commenced within one (1) year plaintiff in possession of the property involved and
after the cause of such ouster, or the right of the promptly submit a report thereof to the court with
petitioner to hold such office or position, arose, nor to service of copies to the parties. (2a)
authorize an action for damages in accordance with
the provisions of the next preceding section unless Section 3. Defenses and objections. — If a
the same be commenced within one (1) year after the defendant has no objection or defense to the action
entry of the judgment establishing the petitioner's or the taking of his property, he may file and serve a
right to the office in question. (16a) notice of appearance and a manifestation to that
effect, specifically designating or identifying the
Section 12. Judgment for costs. — In an action property in which he claims to be interested, within
brought in accordance with the provisions of this the time stated in the summons. Thereafter, he shall
Rule, the court may render judgment for costs against be entitled to notice of all proceedings affecting the
either the petitioner, the relator, or the respondent, or same.
the person or persons claiming to be a corporation, or
may apportion the costs, as justice requires. (17a) If a defendant has any objection to the filing of or the
allegations in the complaint, or any objection or
defense to the taking of his property, he shall serve
his answer within the time stated in the summons.
RULE 67 The answer shall specifically designate or identify the
property in which he claims to have an interest, state
Expropriation the nature and extent of the interest claimed, and
adduce all his objections and defenses to the taking
of his property. No counterclaim, cross-claim or third-
Section 1. The complaint. — The right of eminent party complaint shall be alleged or allowed in the
domain shall be exercised by the filing of a verified answer or any subsequent pleading.
complaint which shall state with certainty the right and
purpose of expropriation, describe the real or
A defendant waives all defenses and objections not
personal property sought to be expropriated, and join
so alleged but the court, in the interest of justice, may
as defendants all persons owning or claiming to own,
or occupying, any part thereof or interest therein, permit amendments to the answer to be made not
showing, so far as practicable, the separate interest later than ten (10) days from the filing thereof.
However, at the trial of the issue of just compensation
of each defendant. If the title to any property sought
whether or not a defendant has previously appeared
to be expropriated appears to be in the Republic of
or answered, he may present evidence as to the
the Philippines, although occupied by private
amount of the compensation to be paid for his
individuals, or if the title is otherwise obscure or
doubtful so that the plaintiff cannot with accuracy or property, and he may share in the distribution of the
certainty specify who are the real owners, averment award. (n)
to that effect shall be made in the complaint. (1a)
Section 4. Order of expropriation. — If the objections
Section 2. Entry of plaintiff upon depositing value to and the defenses against the right of the plaintiff to
with authorized government depositary. — Upon the expropriate the property are overruled, or when no
party appears to defend as required by this Rule, the
filing of the complaint or at any time thereafter and
court may issue an order of expropriation declaring
after due notice to the defendant, the plaintiff shall
that the plaintiff has a lawful right to take the property
have the right to take or enter upon the possession of
sought to be expropriated, for the public use or
the real property involved if he deposits with the
authorized government depositary an amount purpose described in the complaint, upon the
equivalent to the assessed value of the property for payment of just compensation to be determined as of
the date of the taking of the property or the filing of
purposes of taxation to be held by such bank subject
the complaint, whichever came first.
to the orders of the court. Such deposit shall be in
money, unless in lieu thereof the court authorizes the
deposit of a certificate of deposit of a government A final order sustaining the right to expropriate the
bank of the Republic of the Philippines payable on property may be appealed by any party aggrieved
demand to the authorized government depositary. thereby. Such appeal, however, shall not prevent the
court from determining the just compensation to be
paid.

68
After the rendition of such an order, the plaintiff shall report and rendered judgment in accordance with
not be permitted to dismiss or discontinue the their recommendations. Except as otherwise
proceeding except on such terms as the court deems expressly ordered by the court, such report shall be
just and equitable. (4a) filed within sixty (60) days from the date the
commissioners were notified of their appointment,
Section 5. Ascertainment of compensation. — Upon which time may be extended in the discretion of the
the rendition of the order of expropriation, the court court. Upon the filing of such report, the clerk of the
shall appoint not more than three (3) competent and court shall serve copies thereof on all interested
disinterested persons as commissioners to ascertain parties, with notice that they are allowed ten (10)
and report to the court the just compensation for the days within which to file objections to the findings of
property sought to be taken. The order of the report, if they so desire. (7a)
appointment shall designate the time and place of the
first session of the hearing to be held by the Section 8. Action upon commissioners' report. —
commissioners and specify the time within which their Upon the expiration of the period of ten (10) days
report shall be submitted to the court. referred to in the preceding section, or even before
the expiration of such period but after all the
Copies of the order shall be served on the parties. interested parties have filed their objections to the
Objections to the appointment of any of the report or their statement of agreement therewith, the
commissioners shall be filed with the court within ten court may, after hearing, accept the report and render
(10) days from service, and shall be resolved within judgment in accordance therewith, or, for cause
thirty (30) days after all the commissioners shall have shown, it may recommit the same to the
received copies of the objections. (5a) commissioners for further report of facts, or it may set
aside the report and appoint new commissioners; or it
Section 6. Proceedings by commissioners. — Before may accept the report in part and reject it in part and
it may make such order or render such judgment as
entering upon the performance of their duties, the
commissioners shall take and subscribe an oath that shall secure to the plaintiff the property essential to
they will faithfully perform their duties as the exercise of his right of expropriation, and to the
defendant just compensation for the property so
commissioners, which oath shall be filed in court with
taken. (8a)
the other proceedings in the case. Evidence may be
introduced by either party before the commissioners
who are authorized to administer oaths on hearings Section 9. Uncertain ownership; conflicting claims. —
before them, and the commissioners shall, unless the If the ownership of the property taken is uncertain, or
parties consent to the contrary, after due notice to the there are conflicting claims to any part thereof, the
parties, to attend, view and examine the property court may order any sum or sums awarded as
sought to be expropriated and its surroundings, and compensation for the property to be paid to the court
may measure the same, after which either party may, for the benefit of the person adjudged in the same
by himself or counsel, argue the case. The proceeding to be entitled thereto. But the judgment
commissioners shall assess the consequential shall require the payment of the sum or sums
damages to the property not taken and deduct from awarded to either the defendant or the court before
such consequential damages the consequential the plaintiff can enter upon the property, or retain it for
benefits to be derived by the owner from the public the public use or purpose if entry has already been
use or purpose of the property taken, the operation of made. (9a)
its franchise by the corporation or the carrying on of
the business of the corporation or person taking the Section 10. Rights of plaintiff after judgment and
property. But in no case shall the consequential payment. — Upon payment by the plaintiff to the
benefits assessed exceed the consequential defendant of the compensation fixed by the judgment,
damages assessed, or the owner be deprived of the with legal interest thereon from the taking of the
actual value of his property so taken. (6a) possession of the property, or after tender to him of
the amount so fixed and payment of the costs, the
Section 7. Report by commissioners and judgment plaintiff shall have the right to enter upon the property
thereupon. — The court may order the expropriated and to appropriate it for the public use or
commissioners to report when any particular portion purpose defined in the judgment, or to retain it should
of the real estate shall have been passed upon by he have taken immediate possession thereof under
them, and may render judgment upon such partial the provisions of section 2 hereof. If the defendant
report, and direct the commissioners to proceed with and his counsel absent themselves from the court, or
their work as to subsequent portions of the property decline to receive the amount tendered, the same
sought to be expropriated, and may from time to time shall be ordered to be deposited in court and such
so deal with such property. The commissioners shall deposit shall have the same effect as actual payment
make a full and accurate report to the court of all their thereof to the defendant or the person ultimately
proceedings, and such proceedings shall not be adjudged entitled thereto. (10a)
effectual until the court shall have accepted their

69
 Section 11. Entry not delayed by appeal; effect of claimed to be unpaid thereon; and the names and
reversal. — The right of the plaintiff to enter upon the residences of all persons having or claiming an
property of the defendant and appropriate the same interest in the property subordinate in right to that of
for public use or purpose shall not be delayed by an the holder of the mortgage, all of whom shall be made
appeal from the judgment. But if the appellate court defendants in the action. (1a)
determines that plaintiff has no right of expropriation,
judgment shall be rendered ordering the Regional Section 2. Judgment on foreclosure for payment or
Trial Court to forthwith enforce the restoration to the sale. — If upon the trial in such action the court shall
defendant of the possession of the property, and to find the facts set forth in the complaint to be true, it
determine the damages which the defendant shall ascertain the amount due to the plaintiff upon
sustained and may recover by reason of the the mortgage debt or obligation, including interest and
possession taken by the plaintiff. (11a) other charges as approved by the court, and costs,
and shall render judgment for the sum so found due
Section 12. Costs, by whom paid. — The fees of the and order that the same be paid to the court or to the
commissioners shall be taxed as a part of the costs of judgment obligee within a period of not less than
the proceedings. All costs, except those of rival ninety (90) days nor more than one hundred twenty
claimants litigating their claims, shall be paid by the (120) days from the entry of judgment, and that in
plaintiff, unless an appeal is taken by the owner of the default of such payment the property shall be sold at
property and the judgment is affirmed, in which event public auction to satisfy the judgment. (2a)
the costs of the appeal shall be paid by the owner.
(12a) Section 3. Sale of mortgaged property; effect. —
When the defendant, after being directed to do so as
Section 13. Recording judgment, and its effect. — provided in the next preceding section, fails to pay the
The judgment entered in expropriation proceedings amount of the judgment within the period specified
shall state definitely, by an adequate description, the therein, the court, upon motion, shall order the
particular property or interest therein expropriated, property to be sold in the manner and under the
and the nature of the public use or purpose for which provisions of Rule 39 and other regulations governing
it is expropriated. When real estate is expropriated, a sales of real estate under execution. Such sale shall
certified copy of such judgment shall be recorded in not affect the rights of persons holding prior
the registry of deeds of the place in which the encumbrances upon the property or a part thereof,
property is situated, and its effect shall be to vest in and when confirmed by an order of the court, also
the plaintiff the title to the real estate so described for upon motion, it shall operate to divest the rights in the
such public use or purpose. (13a) property of all the parties to the action and to vest
their rights in the purchaser, subject to such rights of
Section 14. Power of guardian in such proceedings. redemption as may be allowed by law.
— The guardian or guardian ad litem of a minor or of
a person judicially declared to be incompetent may, Upon the finality of the order of confirmation or upon
with the approval of the court first had, do and the expiration of the period of redemption when
perform on behalf of his ward any act, matter, or thing allowed by law, the purchaser at the auction sale or
respecting the expropriation for public use or purpose last redemptioner, if any, shall be entitled to the
of property belonging to such minor or person possession of the property unless a third party is
judicially declared to be incompetent, which such actually holding the same adversely to the judgment
minor or person judicially declared to be incompetent obligor. The said purchaser or last redemptioner may
could do in such proceedings if he were of age or secure a writ of possession, upon motion, from the
competent. (14a) court which ordered the foreclosure. (3a)

Section 4. Disposition of proceeds of sale. — The

amount realized from the foreclosure sale of the
RULE 68 mortgaged property shall, after deducting the costs of
the sale, be paid to the person foreclosing the
Foreclosure of Real Estate Mortgage mortgage, and when there shall be any balance or
residue, after paying off the mortgage debt due, the
same shall be paid to junior encumbrancers in the
Section 1. Complaint in action for foreclosure. — In order of their priority, to be ascertained by the court,
an action for the foreclosure of a mortgage or other or if there be no such encumbrancers or there be a
encumbrance upon real estate, the complaint shall balance or residue after payment to them, then to the
set forth the date and due execution of the mortgage; mortgagor or his duly authorized agent, or to the
its assignments, if any; the names and residences of person entitled to it. (4a)
the mortgagor and the mortgagee; a description of
the mortgaged property; a statement of the date of
Section 5. How sale to proceed in case the debt is
the note or other documentary evidence of the
not all due. — If the debt for which the mortgage or
obligation secured by the mortgage, the amount

70
 encumbrance was held is not all due as provided in RULE 69
the judgment as soon as a sufficient portion of the
property has been sold to pay the total amount and Partition
the costs due, the sale shall terminate; and
afterwards as often as more becomes due for Section 1. Complaint in action for partition of real
principal or interest and other valid charges, the court estate. — A person having the right to compel the
may, on motion, order more to be sold. But if the
partition of real estate may do so as provided in this
property cannot be sold in portions without prejudice
Rule, setting forth in his complaint the nature and
to the parties, the whole shall be ordered to be sold in
extent of his title and an adequate description of the
the first instance, and the entire debt and costs shall real estate of which partition is demanded and joining
be paid, if the proceeds of the sale be sufficient as defendants all other persons interested in the
therefor, there being a rebate of interest where such
property. (1a)
rebate is proper. (5a)
Section 2. Order for partition and partition by
Section 6. Deficiency judgment. — If upon the sale of agreement thereunder. — If after the trial the court
any real property as provided in the next preceding finds that the plaintiff has the right thereto, it shall
section there be a balance due to the plaintiff after
order the partition of the real estate among all the
applying the proceeds of the sale, the court, upon
parties in interest. Thereupon the parties may, if they
motion, shall render judgment against the defendant
are able to agree, make the partition among
for any such balance for which, by the record of the
themselves by proper instruments of conveyance,
case, he may be personally liable to the plaintiff, upon and the court shall confirm the partition so agreed
which execution may issue immediately if the balance upon by all the parties, and such partition, together
is all due at the time of the rendition of the judgment;
with the order of the court confirming the same, shall
otherwise; the plaintiff shall be entitled to execution at
be recorded in the registry of deeds of the place in
such time as the balance remaining becomes due
which the property is situated. (2a)
under the terms of the original contract, which time
shall be stated in the judgment. (6a)
A final order decreeing partition and accounting may
be appealed by any party aggrieved thereby. (n)
Section 7. Registration. — A certified copy of the
final order of the court confirming the sale shall be
registered in the registry of deeds. If no right of Section 3. Commissioners to make partition when
redemption exists, the certificate of title in the name parties fail to agree. — If the parties are unable to
of the mortgagor shall be cancelled, and a new one agree upon the partition, the court shall appoint not
issued in the name of the purchaser. more than three (3) competent and disinterested
persons as commissioners to make the partition,
commanding them to set off to the plaintiff and to
Where a right of redemption exists, the certificate of each party in interest such part and proportion of the
title in the name of the mortgagor shall not be property as the court shall direct. (3a)
cancelled, but the certificate of sale and the order
confirming the sale shall be registered and a brief
memorandum thereof made by the registrar of deeds Section 4. Oath and duties of commissioners. —
upon the certificate of title. In the event the property is Before making such partition; the commissioners
redeemed, the deed of redemption shall be registered shall take and subscribe an oath that they will
with the registry of deeds, and a brief memorandum faithfully perform their duties as commissioners,
thereof shall be made by the registrar of deeds on which oath shall be filed in court with the other
said certificate of title. proceedings in the case. In making the partition, the
commissioners shall view and examine the real
estate, after due notice to the parties to attend at
If the property is not redeemed, the final deed of sale such view and examination, and shall hear the parties
executed by the sheriff in favor of the purchaser at
as to their preference in the portion of the property to
the foreclosure sale shall be registered with the
be set apart to them and the comparative value
registry of deeds; whereupon the certificate of title in
thereof, and shall set apart the same to the parties in
the name of the mortgagor shall be cancelled and a
lots or parcels as will be most advantageous and
new one issued in the name of the purchaser. (n) equitable, having due regard to the improvements,
situation and quality of the different parts thereof. (4a)
Section 8. Applicability of other provisions. — The
provisions of sections 31, 32 and 34 of Rule 39 shall Section 5. Assignment or sale of real estate by
be applicable to the judicial foreclosure of real estate commissioners. — When it is made to appear to the
mortgages under this Rule insofar as the former are commissioners that the real state, or a portion
not inconsistent with or may serve to supplement the thereof, cannot be divided without prejudice to the
provisions of the latter. (8a)
interests of the parties, the court may order it
assigned to one of the parties willing to take the
same, provided he pays to the other parties such

71
amount as the commissioners deem equitable, unless regard to the interests of the parties, and execution
one of the interested parties asks that the property be may issue therefor as in other cases. (10a)
sold instead of being so assigned, in which case the
court shall order the commissioners to sell the real Section 11. The judgment and its effect; copy to be
estate at public sale under such conditions and within recorded in registry of deeds. — If actual partition of
such time as the court may determine. (5a) property is made, the judgment shall state definitely,
by metes and bounds and adequate description, the
Section 6. Report of commissioners; proceedings not particular portion of the real estate assigned to each
binding until confirmed. — The commissioners shall party, and the effect of the judgment shall be to vest
make a full and accurate report to the court of all their in each party to the action in severalty the portion of
proceedings as to the partition, or the assignment of the real estate assigned to him. If the whole property
real estate to one of the parties, or the sale of the is assigned to one of the parties upon his paying to
same. Upon the filing of such report, the clerk of court the others the sum or sums ordered by the court, the
shall serve copies thereof on all the interested parties judgment shall state the fact of such payment and of
with notice that they are allowed ten (10) days within the assignment of the real estate to the party making
which to file objections to the findings of the report, if the payment, and the effect of the judgment shall be
they so desire. No proceeding had before or to vest in the party making the payment the whole of
conducted by the commissioners and rendered the real estate free from any interest on the part of
judgment thereon. (6a) the other parties to the action. If the property is sold
and the sale confirmed by the court, the judgment
Section 7. Action of the court upon commissioners shall state the name of the purchaser or purchasers
report. — Upon the expiration of the period of ten (10) and a definite description of the parcels of real estate
days referred to in the preceding section or even sold to each purchaser, and the effect of the
before the expiration of such period but after the judgment shall be to vest the real estate in the
interested parties have filed their objections to the purchaser or purchasers making the payment or
report or their statement of agreement therewith the payments, free from the claims of any of the parties to
court may, upon hearing, accept the report and the action. A certified copy of the judgment shall in
render judgment in accordance therewith, or, for either case be recorded in the registry of deeds of the
cause shown recommit the same to the place in which the real estate is situated, and the
commissioners for further report of facts; or set aside expenses of such recording shall be taxed as part of
the report and appoint new commissioners; or accept the costs of the action. (11a)
the report in part and reject it in part; and may make
such order and render such judgment as shall Section 12. Neither paramount rights nor amicable
effectuate a fair and just partition of the real estate, or partition affected by this Rule. — Nothing in this Rule
of its value, if assigned or sold as above provided, contained shall be construed so as to prejudice,
between the several owners thereof. (7) defeat, or destroy the right or title of any person
claiming the real estate involved by title under any
Section 8. Accounting for rent and profits in action for other person, or by title paramount to the title of the
partition. — In an action for partition in accordance parties among whom the partition may have been
with this Rule, a party shall recover from another his made, nor so as to restrict or prevent persons holding
just share of rents and profits received by such other real estate jointly or in common from making an
party from the real estate in question, and the amicable partition thereof by agreement and suitable
judgment shall include an allowance for such rents instruments of conveyance without recourse to an
and profits. (8a) action. (12a)

Section 9. Power of guardian in such proceedings. — Section 13. Partition of personal property. — The
The guardian or guardian ad litem of a minor or provisions of this Rule shall apply to partitions of
person judicially declared to be incompetent may, estates composed of personal property, or of both
with the approval of the court first had, do and real and personal property, in so far as the same may
perform on behalf of his ward any act, matter, or thing be applicable. (13)
respecting the partition of real estate, which the minor
or person judicially declared to be incompetent could
do in partition proceedings if he were of age or
competent. (9a) RULE 70

Section 10. Costs and expenses to be taxed and Forcible Entry and Unlawful Detainer
collected. — The court shall equitably tax and
apportion between or among the parties the costs Section 1. Who may institute proceedings, and when.
and expenses which accrue in the action, including
— Subject to the provisions of the next succeeding
the compensation of the commissioners, having
section, a person deprived of the possession of any
land or building by force, intimidation, threat, strategy,

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 or stealth, or a lessor, vendor, vendee, or other Section 7. Effect of failure to answer. — Should the
person against whom the possession of any land or defendant fail to answer the complaint within the
building is unlawfully withheld after the expiration or period above provided, the court, motu proprio or on
termination of the right to hold possession, by virtue motion of the plaintiff, shall render judgment as may
of any contract, express or implied, or the legal be warranted by the facts alleged in the complaint
representatives or assigns of any such lessor, and limited to what is prayed for therein. The court
vendor, vendee, or other person, may, at any time may in its discretion reduce the amount of damages
within one (1) year after such unlawful deprivation or and attorney's fees claimed for being excessive or
withholding of possession, bring an action in the otherwise unconscionable, without prejudice to the
proper Municipal Trial Court against the person or applicability of section 3 (c), Rule 9 if there are two or
persons unlawfully withholding or depriving of more defendants.
possession, or any person or persons claiming under (6, RSP)
them, for the restitution of such possession, together
with damages and costs. (1a) Section 8. Preliminary conference; appearance of
parties. — Not later than thirty (30) days after the last
Section 2. Lessor to proceed against lessee only answer is filed, a preliminary conference shall be
after demand. — Unless otherwise stipulated, such held. The provisions of Rule 18 on pre-trial shall be
action by the lesser shall be commenced only after applicable to the preliminary conference unless
demand to pay or comply with the conditions of the inconsistent with the provisions of this Rule.
lease and to vacate is made upon the lessee, or by
serving written notice of such demand upon the The failure of the plaintiff to appear in the preliminary
person found on the premises if no person be found conference shall be cause for the dismissal of his
thereon, and the lessee fails to comply therewith after complaint. The defendant who appears in the
fifteen (15) days in the case of land or five (5) days in absence of the plaintiff shall be entitled to judgment
the case of buildings. (2a) on his counterclaim in accordance with the next
preceding section. All cross-claims shall be
Section 3. Summary procedure. — Except in cases dismissed. (7, RSP)
covered by the agricultural tenancy laws or when the
law otherwise expressly provides, all actions for If a sole defendant shall fail to appear, the plaintiff
forcible entry and unlawful detainer, irrespective of shall likewise be entitled to judgment in accordance
the amount of damages or unpaid rentals sought to with the next preceding section. This procedure shall
be recovered, shall be governed by the summary not apply where one of two or more defendants sued
procedure hereunder provided. (n) under a common cause of action defense shall
appear at the preliminary conference.
Section 4. Pleadings allowed. — The only pleadings
allowed to be filed are the complaint, compulsory No postponement of the preliminary conference shall
counterclaim and cross-claim pleaded in the answer, be granted except for highly meritorious grounds and
and the answers thereto. All pleadings shall be without prejudice to such sanctions as the court in the
verified. (3a, RSP) exercise of sound discretion may impose on the
movant. (n)
Section 5. Action on complaint. — The court may,
from an examination of the allegations in the Section 9. Record of preliminary conference. —
complaint and such evidence as may be attached Within five (5) days after the termination of the
thereto, dismiss the case outright on any of the preliminary conference, the court shall issue an order
grounds for the dismissal of a civil action which are stating the matters taken up therein, including but not
apparent therein. If no ground for dismissal is found, it limited to:
shall forthwith issue summons. (n)
1. Whether the parties have arrived at an
Section 6. Answers. — Within ten (10) days from amicable settlement, and if so, the terms
service of summons, the defendant shall file his thereof;
answer to the complaint and serve a copy thereof on
the plaintiff. Affirmative and negative defenses not 2. The stipulations or admissions entered into
pleaded therein shall be deemed waived, except lack
by the parties;
of jurisdiction over the subject matter. Cross-claims
and compulsory counterclaims not asserted in the
answer shall be considered barred. The answer to 3. Whether, on the basis of the pleadings and
counterclaims or cross-claims shall be served and the stipulations and admission made by the
filed within ten (10) days from service of the answer in parties, judgment may be rendered without
which they are pleaded. (5 RSP) the need of further proceedings, in which
event the judgment shall be rendered within
thirty (30) days from issuance of the order;

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 4. A clear specification of material facts which 6. Memoranda;
remain converted; and
7. Petition for certiorari, mandamus, or
5. Such other matters intended to expedite prohibition against any interlocutory order
the disposition of the case. (8, RSP) issued by the court;

Section 10. Submission of affidavits and position 8. Motion to declare the defendant in default;
papers. — Within ten (10) days from receipt of the
order mentioned in the next preceding section, the 9. Dilatory motions for postponement;
parties shall submit the affidavits of their witnesses
and other evidence on the factual issues defined in
10. Reply;
the order, together with their position papers setting
forth the law and the facts relied upon by them. (9,
RSP) 11. Third-party complaints;

Section 11. Period for rendition of judgment. — 12. Interventions. (19a, RSP)
Within thirty (30) days after receipt of the affidavits
and position papers, or the expiration of the period for Section 14. Affidavits. — The affidavits required to be
filing the same, the court shall render judgment. submitted under this Rule shall state only facts of
direct personal knowledge of the affiants which are
However, should the court find it necessary to clarify admissible in evidence, and shall show their
certain material facts, during the said period, issue an competence to testify to the matters stated therein.
order specifying the matters to be clarified, and
require the parties to submit affidavits or other A violation of this requirement may subject the party
evidence on the said matters within ten (10) days or the counsel who submits the same to disciplinary
from receipt of said order. Judgment shall be action, and shall be cause to expunge the
rendered within fifteen (15) days after the receipt of inadmissible affidavit or portion thereof from the
the last affidavit or the expiration of the period for record. (20, RSP)
filing the same.
Section 15. Preliminary injunction. — The court may
The court shall not resort to the foregoing procedure grant preliminary injunction, in accordance with the
just to gain time for the rendition of the judgment. (n) provisions of Rule 58 hereof, to prevent the defendant
from committing further acts of dispossession against
Section 12. Referral for conciliation. — Cases the plaintiff.
requiring referral for conciliation, where there is no
showing of compliance with such requirement, shall A possessor deprived of his possession through
be dismissed without prejudice, and may be revived forcible from the filing of the complaint, present a
only after that requirement shall have been complied motion in the action for forcible entry or unlawful
with. (18a, RSP) detainer for the issuance of a writ of preliminary
mandatory injunction to restore him in his possession.
Section 13. Prohibited pleadings and motions. — The court shall decide the motion within thirty (30)
The following petitions, motions, or pleadings shall days from the filing thereof. (3a)
not be allowed:
Section 16. Resolving defense of ownership. —
1. Motion to dismiss the complaint except on When the defendant raises the defense of ownership
the ground of lack of jurisdiction over the in his pleadings and the question of possession
subject matter, or failure to comply with cannot be resolved without deciding the issue of
section 12; ownership, the issue of ownership shall be resolved
only to determine the issue of possession. (4a)
2. Motion for a bill of particulars;
Section 17. Judgment. — If after trial court finds that
the allegations of the complaint are true, it shall
3. Motion for new trial, or for reconsideration
render judgment in favor of the plaintiff for the
of a judgment, or for reopening of trial; restitution of the premises, the sum justly due as
arrears of rent or as reasonable compensation for the
4. Petition for relief from judgment; use and occupation of the premises, attorney's fees
and costs. If a counterclaim is established, the court
5. Motion for extension of time to file shall render judgment for the sum found in arrears
pleadings, affidavits or any other paper; from either party and award costs as justice requires.
(6a)

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 Section 18. Judgment conclusive only on the Regional Trial Court. In any case wherein it
possession; not conclusive in actions involving title or appears that the defendant has been deprived of the
ownership. — The judgment rendered in an action for lawful possession of land or building pending the
forcible entry or detainer shall be conclusive with appeal by virtue of the execution of the judgment of
respect to the possession only and shall in no wise the Municipal Trial Court, damages for such
bind the title or affect the ownership of the land or deprivation of possession and restoration of
building. Such judgment shall not bar an action possession and restoration of possession may be
between the same parties respecting title to the land allowed the defendant in the judgment of the
or building. Regional Trial Court disposing of the appeal. (8a)

The judgment or final order shall be appealable to the Section 20. Preliminary mandatory injunction in case
appropriate Regional Trial Court which shall decide of appeal. — Upon motion of the plaintiff, within ten
the same on the basis of the entire record of the (10) days from the perfection of the appeal to the
proceedings had in the court of origin and such Regional Trial Court, the latter may issue a writ of
memoranda and/or briefs as may be submitted by the preliminary mandatory injunction to restore the
parties or required by the Regional Trial Court. (7a) plaintiff in possession if the court is satisfied that the
defendant's appeal is frivolous or dilatory or that the
Section 19. Immediate execution of judgment; how to appeal of the plaintiff is prima facie meritorious. (9a)
stay same. — If judgment is rendered against the
defendant, execution shall issue immediately upon Section 21. Immediate execution on appeal to Court
motion unless an appeal has been perfected and the of Appeals or Supreme Court. — The judgment of the
defendant to stay execution files a sufficient Regional Trial Court against the defendant shall be
supersedeas bond, approved by the Municipal Trial immediately executory, without prejudice to a further
Court and executed in favor of the plaintiff to pay the appeal that may be taken therefrom. (10a)
rents, damages, and costs accruing down to the time
of the judgment appealed from, and unless, during
the pendency of the appeal, he deposits with the
appellate court the amount of rent due from time to RULE 71
time under the contract, if any, as determined by the
judgment of the Municipal Trial Court. In the absence
of a contract, he shall deposit with the Regional Trial Contempt
Court the reasonable value of the use and occupation
of the premises for the preceding month or period at Section 1. Direct contempt punished summarily. — A
the rate determined by the judgment of the lower person guilty of misbehavior in the presence of or so
court on or before the tenth day of each succeeding near a court as to obstruct or interrupt the
month or period. The supersedeas bond shall be proceedings before the same, including disrespect
transmitted by the Municipal Trial Court, with the toward the court, offensive personalities toward
papers, to the clerk of the Regional Trial Court to others, or refusal to be sworn or to answer as a
which the action is appealed. witness, or to subscribe an affidavit or deposition
when lawfully required to do so, may be summarily
All amounts so paid to the appellate court shall be adjudged in contempt by such court and punished by
deposited with said court or authorized government a fine not exceeding two thousand pesos or
depositary bank, and shall be held there until the final imprisonment not exceeding ten (10) days, or both, if
disposition of the appeal, unless the court, by it be a Regional Trial Court or a court of equivalent or
agreement of the interested parties, or in the absence higher rank, or by a fine not exceeding two hundred
of reasonable grounds of opposition to a motion to pesos or imprisonment not exceeding one (1) day, or
withdraw, or for justifiable reasons, shall decree both, if it be a lower court. (1a)
otherwise. Should the defendant fail to make the
payments above prescribed from time to time during Section 2. Remedy therefrom. — The person
the pendency of the appeal, the appellate court, upon adjudged in direct contempt by any court may not
motion of the plaintiff, and upon proof of such failure, appeal therefrom, but may avail himself of the
shall order the execution of the judgment appealed remedies of certiorari or prohibition. The execution of
from with respect to the restoration of possession, but the judgment shall be suspended pending resolution
such execution shall not be a bar to the appeal taking of such petition, provided such person files a bond
its course until the final disposition thereof on the fixed by the court which rendered the judgment and
merits. conditioned that he will abide by and perform the
judgment should the petition be decided against him.
After the case is decided by the Regional Trial Court, (2a)
any money paid to the court by the defendant for
purposes of the stay of execution shall be disposed of Section 3. Indirect contempt to be punished after
in accordance with the provisions of the judgment of charge and hearing. — After a charge in writing has

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 been filed, and an opportunity given to the charges arose out of or are related to a principal
respondent to comment thereon within such period as action pending in the court, the petition for contempt
may be fixed by the court and to be heard by himself shall allege that fact but said petition shall be
or counsel, a person guilty of any of the following acts docketed, heard and decided separately, unless the
may be punished for indirect contempt; court in its discretion orders the consolidation of the
contempt charge and the principal action for joint
(a) Misbehavior of an officer of a court in the hearing and decision. (n)
performance of his official duties or in his
official transactions; Section 5. Where charge to be filed. — Where the
charge for indirect contempt has been committed
(b) Disobedience of or resistance to a lawful against a Regional Trial Court or a court of equivalent
writ, process, order, or judgment of a court, or higher rank, or against an officer appointed by it,
including the act of a person who, after being the charge may be filed with such court. Where such
dispossessed or ejected from any real contempt has been committed against a lower court,
property by the judgment or process of any the charge may be filed with the Regional Trial Court
court of competent jurisdiction, enters or of the place in which the lower court is sitting; but the
attempts or induces another to enter into or proceedings may also be instituted in such lower
upon such real property, for the purpose of court subject to appeal to the Regional Trial Court of
executing acts of ownership or possession, or such place in the same manner as provided in section
in any manner disturbs the possession given 11 of this Rule. (4a; Bar Matter No. 803, 21 July
to the person adjudged to be entitled thereto; 1998)

(c) Any abuse of or any unlawful interference Section 6. Hearing; release on bail. — If the hearing
with the processes or proceedings of a court is not ordered to be had forthwith, the respondent
not constituting direct contempt under section may be released from custody upon filing a bond, in
1 of this Rule; an amount fixed by the court, for his appearance at
the hearing of the charge. On the day set therefor, the
court shall proceed to investigate the charge and
(d) Any improper conduct tending, directly or
consider such comment, testimony or defense as the
indirectly, to impede, obstruct, or degrade the
respondent may make or offer. (5a)
administration of justice;

Section 7. Punishment for indirect contempt. — If the

(e) Assuming to be an attorney or an officer
respondent is adjudged guilty of indirect contempt
of a court, and acting as such without
committed against a Regional Trial Court or a court of
authority;
equivalent or higher rank, he may be punished by a
fine not exceeding thirty thousand pesos or
(f) Failure to obey a subpoena duly served; imprisonment not exceeding six (6) months, or both. If
he is adjudged guilty of contempt committed against a
(g) The rescue, or attempted rescue, of a lower court, he may be punished by a fine not
person or property in the custody of an officer exceeding five thousand pesos or imprisonment not
by virtue of an order or process of a court exceeding one (1) month, or both. If the contempt
held by him. consists in the violation of a writ of injunction,
temporary restraining order or status quo order, he
But nothing in this section shall be so construed as to may also be ordered to make complete restitution to
prevent the court from issuing process to bring the the party injured by such violation of the property
respondent into court, or from holding him in custody involved or such amount as may be alleged and
pending such proceedings. (3a) proved.

Section 4. How proceedings commenced. — The writ of execution, as in ordinary civil actions, shall
Proceedings for indirect contempt may be issue for the enforcement of a judgment imposing a
initiated motu propio by the court against which the fine unless the court otherwise provides. (6a)
contempt was committed by an order or any other
formal charge requiring the respondent to show Section 8. Imprisonment until order obeyed. — When
cause why he should not be punished for contempt. the contempt consists in the refusal or omission to do
an act which is yet in the power of the respondent to
In all other cases, charges for indirect contempt shall perform, he may be imprisoned by order of the court
be commenced by a verified petition with supporting concerned until he performs it. (7a)
particulars and certified true copies of documents or
papers involved therein, and upon full compliance Section 9. Proceeding when party released on bail
with the requirements for filing initiatory pleadings for fails to answer. — When a respondent released on
civil actions in the court concerned. If the contempt bail fails to appear on the day fixed for the hearing,

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 the court may issue another order of arrest or may
order the bond for his appearance to be forfeited and
confiscated, or both; and, if the bond be proceeded
against, the measure of damages shall be the extent
of the loss or injury sustained by the aggrieved party
by reason of the misconduct for which the contempt
charge was prosecuted, with the costs of the
proceedings, and such recovery shall be for the
benefit of the party injured. If there is no aggrieved
party, the bond shall be liable and disposed of as in
criminal cases. (8a)

Section 10. Court may release respondent. — The

court which issued the order imprisoning a person for
contempt may discharge him from imprisonment
when it appears that public interest will not be
prejudiced by his release. (9a)

Section 11. Review of judgment or final order; bond

for stay. — The judgment or final order of a court in a
case of indirect contempt may be appealed to the
proper court as in criminal cases. But execution of the
judgment or final order shall not be suspended until a
bond is filed by the person adjudged in contempt, in
an amount fixed by the court from which the appeal is
taken, conditioned that if the appeal be decided
against him he will abide by and perform the
judgment or final order. (10a)

Section 12. Contempt against quasi-judicial entities.

— Unless otherwise provided by law, this Rule shall
apply to contempt committed against persons,
entities, bodies or agencies exercising quasi-judicial
functions, or shall have suppletory effect to such rules
as they may have adopted pursuant to authority
granted to them by law to punish for contempt. The
Regional Trial Court of the place wherein the
contempt has been committed shall have jurisdiction
over such charges as may be filed therefor. (n)

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