CivPro First Draft

First.Draft.Public.
05202013
First.Draft.Public.05202013
EDITORS NOTE:
The work contained in the next 231 pages shall be referred to as the First Draft of Revised Rules of Civil Procedure. It is a product of the Core Committee of the National Conference for the Re ision of the Rules of Ci il !rocedure and their respecti e Topical "orking #roups $T"#s%. The Core Committee has been working with the &ni ersit' of the !hilippines (aw Center) the Integrated *ar of the !hilippines) and the !hilippine +udicial ,cadem' to create this draft and make it accessible to the public. -nclosed in parentheses at the end of each rule name) is either the letter .N/ or .R/ with a number. N signifies that the rule is new. "hile R signifies that it is an amendment of a current rule. The number refers to its current number in the Rules of Ci il !rocedure. If a rule has simpl' been amended) the changes to the indi idual sections are emphasi0ed in bold letters. ,t the end of each section) its original section number is indicated. If the number is followed b' an .a/ this means the section has been amended. If the entire rule is new) the bold fonts are not used. Rest assured that an' inconsistencies in the formatting) numbering) and cross1referencing will be resol ed before the 2inal 3raft of the Re ised Rules of Ci il !rocedure is released in +ul' 2413. , primer on these changes accompanies the First Draft and can be found in a separate file. ,n' comments) ob5ections) and suggestions on the substance of the First Draft will be taken into consideration and tackled during the next round of T"# meetings. The Second Draft of the Revised Rules of Civil Procedure will be presented to the delegates of the National Conference for the Re ision of the Rules of Ci il !rocedure. This will be held on 26134 +une 2413 at the !hilippine +udicial ,cadem' Training Center) Taga'ta') !hilippines. 2inall') the Final Draft will be refined after the National Conference and presented to the 7upreme Court En Banc for appro al. 8n the organi0ation of these rules) the Rules should be collated in the most logical manner possible. The rules are grouped under titles that would make the most sense to an a erage user. 7ince the scope of these re isions does not extend to 7pecial
!roceedings) Criminal !rocedure) etc. the most that can be done is to allot a Title for these particular rules. This wa' if and when those Rules are e entuall' updated or re ised) the court) the publishers) and the rules9 users ma' simpl' slip these new rules in without disrupting the numbering or flow of the other rules. In preparation for the possible re isions of these rules) it is also suggested that each title restart the numbering of its rules such that each title will ha e its own Rule 1) 2) 3) etc. It is also proposed that special rules such as those go erning drugs cases) land registration cases) etc. be lifted from the law and transposed to separate titles in an orderl' fashion. ,ll irrele ant pro isions of the law should be excluded. The titles listed abo e are b' no means exhausti e and simpl' represent the most commonl' used pro isions of law as experienced b' certain trial court 5udges. 7ummar' !rocedure and 7mall Claims Court rules should also be transposed to their respecti e titles. ,ll these rules would be collecti el' known as the !hilippine Code of !rocedure.
TABLE OF CONTENTS
TITLE I: GENER L PRO!ISIONS"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" # R&(- 1 ............................................................................................................................. 1 GENERAL CONSIDERATIONS (R1) ......................................................................... 1 TITLE II: EFFICIENT PR CTICES """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" $ R&(- 1 ............................................................................................................................. 3 EFFICIENT USE OF PAPER (N) .............................................................................. 3 R&(- 2 ............................................................................................................................. 3 EFFICIENT USE OF COURT TIME (N) ................................................................... 3 R&(- 3 ............................................................................................................................. : PRESCRIBED FORMS AND SAMPLE COURT PAPERS (N) .................................. 4 R&(- : ............................................................................................................................. ; SIMPLE AND JUDICIAL AFFIDAVITS (N) .............................................................. 5 TITLE : %PROPOSED TITLE ON& '(RISDICTION """""""""""""""""""""""""""""""""""""""""""" ) R&(- ........................................................................................................................... 6 JURISDICTION OF TRIAL COURTS OVER CIVIL ACTIONS (N) .......................... 7 TITLE I!: PROCED(RE IN TRI L CO(RTS """""""""""""""""""""""""""""""""""""""""""""""""""""""" #* R&(- 1 ........................................................................................................................... 12 CONDITIONS TO ACTION (N) ............................................................................... 1 R&(- 2 ........................................................................................................................... 1; CAUSE OF ACTION (R ) ........................................................................................ 15 R&(- 3 ........................................................................................................................... 1< PARTIES TO CIVIL ACTIONS (R3)......................................................................... 1! R&(- : ........................................................................................................................... 1= VENUE OF CIVIL ACTIONS (R4) ........................................................................... 1" R&(- ; ........................................................................................................................... 24 PLEADINGS (R7) ..................................................................................................... # R&(- < ........................................................................................................................... 23 FORUM S$OPPING (N).......................................................................................... 3 R&(- 6 ........................................................................................................................... 2: INITIATOR% AND RESPONSIVE PLEADINGS (R!) .............................................. 4 R&(- > ........................................................................................................................... 34 MANNER OF MA&ING ALLEGATIONS IN PLEADINGS (R').............................. 3# R&(- = ........................................................................................................................... 32 EFFECT OF FAILURE TO PLEAD (R")................................................................. 3 R&(- 14 ......................................................................................................................... 3: AMENDED AND SUPPLEMENTAL PLEADINGS (R1#) ....................................... 34 R&(- 11 ......................................................................................................................... 3; ($EN TO FILE RESPONSIVE PLEADING (R11) ................................................. 35 R&(- 12 ......................................................................................................................... 3< FILING AND SERVICE OF PLEADINGS) JUDGMENTS) AND OT$ER PAPERS
(R1 ) ......................................................................................................................... 3! R&(- 13 ......................................................................................................................... :4 SUMMONS (R14) ..................................................................................................... 4# R&(- 1: ......................................................................................................................... :; PRELIMINAR% CONFERENCE (N) ........................................................................ 45 R&(- 1; ......................................................................................................................... ;3 SUBPOENA (R 1) .................................................................................................... 53 R&(- 1< ......................................................................................................................... ;< FACE*TO*FACE TRIAL (N)..................................................................................... 5! R&(- 16 ......................................................................................................................... <: TRIAL B% COMMISSIONERS (N)............................................................................ !4 TITLE !: +ODES OF DISCO!ER, """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" )R&(- 1 ........................................................................................................................... 64 MODES OF DISCOVER% BEFORE ACTION (R 4) ............................................... 7# R&(- 2 ........................................................................................................................... 63 DEPOSITIONS PENDING ACTION (R 3).............................................................. 73 R&(- 3 ........................................................................................................................... >1 INTERROGATORIES TO PARTIES (R 5) ............................................................... '1 R&(- : ........................................................................................................................... >3 ADMISSION B% ADVERSE PART% (R !) ............................................................... '3 R&(- ; ........................................................................................................................... >: PRODUCTION OR INSPECTION OF DOCUMENTS OR T$INGS (R 7) ............ '4 R&(- < ........................................................................................................................... >; P$%SICAL AND MENTAL E+AMINATION OF PERSONS (R ') ......................... '5 R&(- 6 ........................................................................................................................... >< DEPOSITIONS PENDING APPEAL (R 4).............................................................. '! R&(- > ........................................................................................................................... >6 REFUSAL TO COMPL% (IT$ MODES OF DISCOVER% (R ")........................... '7 TITLE !I: REG(L R ND SPECI L +OTIONS """""""""""""""""""""""""""""""""""""""""""""""""" .R&(- 1 ........................................................................................................................... =4 MOTIONS (R15) ....................................................................................................... "# R&(- 2 ........................................................................................................................... =1 INTERVENTION (R1")............................................................................................. "1 R&(- 3 ......................................................................................................................... =2 NOTICE OF LIS PENDENS (N)............................................................................... " R&(- : ........................................................................................................................... =3 SUSPENSION AND ARC$IVAL OF ACTIONS (N) ................................................ "3 R&(- ; ........................................................................................................................... =3 DISMISSAL OF ACTION B% RESPONDENT (R1!)................................................ "3 R&(- < ........................................................................................................................... =< DISMISSAL OF ACTION B% PETITIONER (R17) .................................................. "! R&(- 6 ........................................................................................................................... =6 JUDGMENTS BEFORE TRIAL (R34 an, R35) ....................................................... "7 TITLE !II: PRO!ISION L RE+EDIES """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" ..
R&(- 1 ........................................................................................................................... == GENERAL PROCEDURE (N) .................................................................................. "" R&(- 2 ......................................................................................................................... 141 PRELIMINAR% ATTAC$MENT (R57)................................................................... 1#1 R&(- 3 ......................................................................................................................... 111 PRELIMINAR% INJUNCTION (R5') ..................................................................... 111 R&(- : ......................................................................................................................... 11< RECEIVERS$IP (R5") ........................................................................................... 11! R&(- ; ......................................................................................................................... 11= REPLEVIN (R!#) .................................................................................................... 11" R&(- < ......................................................................................................................... 122 SUPPORT PENDENTE LITE (R!1)....................................................................... 1 TITLE !III: '(DG+ENTS ND E/EC(TION """"""""""""""""""""""""""""""""""""""""""""""""""""" #*0 R&(- 1 ......................................................................................................................... 12: JUDGMENTS) FINAL ORDERS AND ENTR% T$EREOF (R3!) ......................... 1 4 R&(- 2 ......................................................................................................................... 12; NE( TRIAL OR RECONSIDERATION (R37) ....................................................... 1 5 R&(- 3 ......................................................................................................................... 126 RELIEF FROM JUDGMENTS) ORDERS) OR OT$ER PROCEEDINGS (R3') .. 1 7 R&(- : ....................................................................................................................... 12= E+ECUTION) SATISFACTION AND EFFECT OF JUDGMENTS....................... 1 " TITLE I/: PPE LS """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" #1# R&(- 1 ......................................................................................................................... 1;1 PROCEDURE FOR APPEALS (R4#)..................................................................... 151 R&(- 2 ......................................................................................................................... 1;1 APPEALS FROM FIRST LEVEL COURTS (R41).................................................. 151 R&(- 3 ......................................................................................................................... 1;< APPEALS FROM SECOND LEVEL COURTS (R4 ) ............................................ 15! R&(- : ......................................................................................................................... 1;= APPEALS FROM -UASI*JUDICIAL AGENCIES (R43)....................................... 15" R&(- ; ....................................................................................................................... 1<2 RE-UIREMENTS FOR APPEAL BRIEFS (R44)................................................... 1! R&(- < ......................................................................................................................... 1<; APPEAL B% CERTIORARI (IT$ T$E SUPREME COURT (R45) ...................... 1!5 TITLE /: PROCED(RE IN T2E CO(RT OF PPE LS""""""""""""""""""""""""""""""""""""" #3. R&(- 1 ......................................................................................................................... 1<= ORIGINAL CASES (R4!)........................................................................................ 1!" R&(- 2 ......................................................................................................................... 161 ANNULMENT OF JUDGMENTS) ORDERS) AND RESOLUTIONS (R47) .......... 171 R&(- 3 ......................................................................................................................... 163 PRELIMINAR% CONFERENCE (R4') .................................................................. 173 R&(- : ......................................................................................................................... 16: ORAL ARGUMENTS (R4") .................................................................................... 174 R&(- ; ......................................................................................................................... 16:
DISMISSAL OF APPEAL (R5#) ............................................................................. 174 R&(- < ......................................................................................................................... 16; JUDGMENTS (R51) ............................................................................................... 175 R&(- 6 ......................................................................................................................... 16> MOTION FOR RECONSIDERATION (R5 ).......................................................... 17' R&(- > ......................................................................................................................... 16> NE( TRIAL (R53) .................................................................................................. 17' R&(- = ......................................................................................................................... 16= INTERNAL BUSINESS (R54) ................................................................................. 17" R&(- 14 $R;;% ........................................................................................................... 1>4 PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS ........................ 1'# TITLE /I: PROCED(RE IN T2E S(PRE+E CO(RT """""""""""""""""""""""""""""""""""""""" #4# R&(- 1 ......................................................................................................................... 1>1 ORIGINAL AND APPEALED CASES (R5!) .......................................................... 1'1 TITLE /II: SPECI L CI!IL CTIONS """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" #40 R&(- 1 ......................................................................................................................... 1>: COMMON PROVISIONS (N) ................................................................................. 1'4 R&(- 2 ......................................................................................................................... 1>< INTERPLEADER (R! ) .......................................................................................... 1'! R&(- 3 ......................................................................................................................... 1>6 DECLARATOR% RELIEF (R!3)............................................................................. 1'7 R&(- : ......................................................................................................................... 1>= REVIE( OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF T$E COMMISSION ON ELECTIONS AND T$E COMMISSION ON AUDIT (R!4) ... 1'" R&(- ; ......................................................................................................................... 1=4 CERTIORARI) PRO$IBITION) AND MANDAMUS (R!5) .................................... 1"# R&(- < ......................................................................................................................... 1=: -UO (ARRANTO (R!!) ........................................................................................ 1"4 R&(- 6 ......................................................................................................................... 1=6 E+PROPRIATION (R!7) ........................................................................................ 1"7 R&(- > ......................................................................................................................... 243 JUDICIAL AND E+TRA*JUDICIAL FORECLOSURE OF REAL ESTATE MORTGAGE (R!') ................................................................................................. #3 R&(- = ......................................................................................................................... 24> PARTITION (R!") .................................................................................................. #' R&(- 14 ....................................................................................................................... 212 FORCIBLE ENTR% AND UNLA(FUL DETAINER (R7#).................................... 1 R&(- 11 ....................................................................................................................... 21> CONTEMPT (R71).................................................................................................. 1'
TITLE I: GENERAL PROVISIONS Rule # GENER L CONSIDER TIONS %R#& SECTION #"#" T./01 23 /41 R5016. ? These Rules shall be known as the *-#$ Rules of Civil Procedure" %#a& SEC" #"*" O781c/.91. ? The o erall ob5ecti e of these rules is the attainment of 5ustice in all ci il actions b' ensuring that@ $a% %8& %c& %d& %e& the 5arties are 5laced on e6ual footin7A the i95artialit: of the courts is 7uarded and assured; the hearin7 and resolution of cases is e<5edited; the costs are reduced; the cases are resolved or settled 8efore the: are tried throu7h alternative dis5ute resolution % DR& such as ne7otiation= 9ediation= >udicial dis5ute resolution %'DR& and?or ar8itration; @hen trial is inevita8le= the cases are s5eedil: heard and >ustl: decided; the courts ti9e and resources are @isel: distri8utes in 5ro5ortion to 1. 2. 3. $f% the a9ounts clai9ed) the co95le<it: of the issues raised) and the 5u8lic interest involved.
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the costs of liti7ation are rationaliAed. $n%
SEC" #"$" R201 23 c25n610. B counsel shall not do an: falsehood= and shall o8serve the rules of 5rocedure= and not 9isuse the9 to defeat the ends of >ustice. $n% In civil cases= a counsel shall encoura7e a client to avoid= end or settle the controvers: if it @ill ad9it of a fair settle9ent" %n&
FIRST DRAFT OF 2013 REVISED RULES OF CIVIL PROCEDURE

SEC" #"0" R201 23 85,:16. ? dili7ence and co95etence.
'ud7es shall act @ith inte7rit:=
In civil cases= the >ud7e shall e<ert ever: effort to 8rin7 the 5arties to a settle9ent 8efore 5roceedin7 to hear and decide the case. $n% SEC" #"1 Cases governed. ? These Rules shall go ern the procedure to be obser ed in actions) ci il or criminal and special proceedings. $a% , ci il action is one b' which a part' sues another for the enforcement or protection of a right) or the pre ention or redress of a wrong) , ci il action ma' either be ordinar' or special. *oth are go erned b' the rules for ordinar' ci il actions) sub5ect to the specific rules prescribed for a special ci il action. $b% $c% , criminal action is one b' which the 7tate prosecutes a person for an act or omission punishable b' law. , special proceeding is a remed' b' which a part' seeks to establish a status) a right) or a particular fact. $3%
SEC" #"3" A;;0.ca7.0./<. = These Rules shall uniforml' appl' to all trial courts. The' shall also appl' in suppletor' character to cases or proceedings co ered b' special rules. The: shall not= ho@ever= a55l: in a su55letor: character to the s5ecial rules on alternative dis5ute resolution. $2a) R;% SEC" #")" C2n6/>5c/.2n. ? The Rules shall be construed to achieve its o8>ectives. $<a%
NATIONAL CONFERENCE FOR THE REVISION OF THE RULES OF CIVIL PROEDURE 3

TITLE II: EFFICIENT PRACTICES Rule # EFFICIENT (SE OF P PER %N& SECTION #"#" C25>/ Pa;1>6) ,13.n1,. ? Court papers refer to $a% all papers that parties address to the court) including pleadings) motions) oppositions) manifestations) and memoranda and $b% all papers emanating from the court) including decisions) orders) notices) reports) minutes) and transcripts of proceedings. $n% SEC" #"*" P>16c>.71, 32>?a/6. ? ,ll court papers shall obser e the following format reBuirements@ $a% T'ped single1spaced with 1.; inches between paragraphs) using an easil' readable font st'le of the part'9s choice in font si0e 1: white paper) except that court papers emanating from the court and its personnel shall uniforml' use the Times New Roman font faceA and , left hand margin of 1.; inches from the edgeA top margin of 1.2 inches from the edgeA right margin of 1.; inch from the edgeA and bottom margin of 1.4 inch from the edge) with each page numbered consecuti el' at the bottom.
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SEC" #"$" C2;< /2 71 3.01, an, 61>91,. ? &nless otherwise directed b' the court) a part' needs to file onl' one original of his or her court paper and ser e one cop' each on the ad erse part' or parties as well as on the other parties to the case. !arties represented in common b' the same counsel shall be ser ed with onl' one cop' through that counsel. The cop' ser ed on a part' need not include annexes that emanate from such part'. $n% Rule * EFFICIENT (SE OF CO(RT TI+E %N& SECTION *"#" Pa:1 0.?./a/.2n. = , motion) an opposition to it) and a repl' as well as trial memoranda) positions papers) and similar court papers

that embod' arguments and authorities in support of a position taken b' a part' on an issue or issues shall as a rule not exceed twent' $24% pages) excluding the caption) table of contents) signature page) annexes) and appendices. SEC" *"*" S5??a>< @41n >1A5.>1,. ? , part' who files more than twent' $24% pages of such paper shall accompan' the same with a clear and concise summar' of its contents. The summar' shall consist of not more than twent' percent of the total number of pages of the main paper. , fraction of a page summar' after computation shall be considered as one page. SEC" *"$" Sanc/.2n 32> n2n*c2?;0.anc1 @./4 >1A5.>1?1n/6. ? 7hould a part' fail to compl' with the reBuirement of page limitation and summaries) the Court shall cite him or her for iolation of the rule and shall consider the erring court paper not filed unless the part' pa's within fi e $;% da's from notice a fine of not less than ! 1)444.44 nor more than ! ;)444.44 at the discretion of the court. Rule $ PRESCRICED FOR+S ND S +PLE CO(RT P PERS %N& SECTION $"#" P>16c>.71, F2>?6. ? , part' must) when forms are mandated for certain court papers) use such forms for the preparation and filing of the same. The prescribed forms) co ered b' a list) are found in ,ppendix , of these Rules. 7oft or electronic copies of the same shall be made a ailable at the 7upreme Court website. The part' who fails to use the prescribed form when reBuired assumes the risk of the denial of an' relief he or she or she seeks if the court paper he or she or she files lacks the reBuired information) element) or detail. SEC" $"*" O/41> 32>?6. ? To ensure compliance with essential technical reBuirements for certain papers that are filed in court) samples of such papers are found in ,ppendix * for use b' the parties. These are) howe er) mere samples. The' must be ad5usted to the facts and issues peculiar to each case) with the part' assuming full responsibilit' for their proper use. $n%

Rule 0 SI+PLE ND '(DICI L FFID !ITS %N& SECTION 0"#" S.?;01 a33.,a9./) ,13.n1,B 5616. ? , simple affida it is a statement under oath executed b' a person to attest to the truth of the facts he or she or she states in such affida it. It is assumed that the affiant read and understood the contents of his or her affida it and solel' owns responsibilit' for its execution and use. &nless the rules reBuire the submission of a 5udicial affida it) onl' simple affida its need be submitted. SEC" 0"*" J5,.c.a0 a33.,a9./) ,13.n1,. ? , 5udicial affida it is the recorded examination under oath of a witness in an action or proceeding in court. The examination ma' be conducted onl' b' a law'er or b' someone acting under a law'er9s super ision. , 5udicial affida it shall take the place of a witness9 direct testimon' in all court actions and proceedings reBuiring such direct testimon'. SEC" 0"$" C2n/1n/6 23 85,.c.a0 a33.,a9./. ? The 5udicial affida it of a witness shall be prepared in the language known to him or her and) if not in -nglish or 2ilipino) accompanied b' a translation in -nglish or 2ilipino. It shall contain the following@ $a% $b% The name) age) residence or business address) and occupation of the witnessA The name and address of the law'er who conducts or super ises the examination of the witness and the place where the examination is being heldA , statement that the witness is answering the Buestions asked of him) full' conscious that he or she or she does so under oath) and that he or she or she ma' face criminal liabilit' for false testimon' or per5ur'A Cuestions asked of the witness and his or her corresponding answers) consecuti el' numbered) that@ 1. 7how the circumstances under which the witness acBuired the facts upon which he or she or she testifiesA
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2. 3.
-licit from him or her those facts which are rele ant to the issues that the case presentsA and Identif' and mark as exhibits the attached documentar' and ob5ect e idence and establish their authenticit' in accordance with the Rules of CourtA
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The signature of the witness o er his or her printed nameA and , 5urat with the signature of the notar' public who administers the oath or an officer who is authori0ed b' law to administer the same. , sworn attestation at the end) executed b' the law'er who conducted or super ised the examination of the witness) to the effect that@ 1. De faithfull' recorded or caused to be recorded the Buestions asked of the witness and the corresponding answers that the latter ga eA and Neither the affiant nor an' other person then present or assisting him or her instructed the witness to lie or suppress e idence or present fake documents regarding and in connection with the latter9s answers.
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2.
The attesting law'er ma') in lieu of swearing to the truth of his or her attestation before a notar' public or authori0ed officer) make the attestation under his or her oath as a law'er.

TITLE
: %PROPOSED TITLE ON& '(RISDICTION Rule
'(RISDICTION OF TRI L CO(RTS O!ER CI!IL CTIONS %N& SECTION #"#" J5>.6,.c/.2n) .n :1n1>a0. E +urisdiction is conferred b' law. $n% SEC" #"*" +urisdiction of Fetropolitan Trial Courts) Funicipal Trial Courts) Fetropolitan Trial Courts in Cities) and Funicipal Circuit Trial Courts in Ci il Cases. ? +etro5olitan Trial Courts= +etro5olitan Trial Courts in Cities= +unici5al Trial Courts= and +unici5al Circuit Trial Courts shall e<ercise@ $a% -xclusi e original 5urisdiction o er ci il actions and probate proceedings) testate and intestate) including the grant of pro isional remedies in proper cases) where the alue of the personal propert') estate) or amount of the demand does not exceed Three Dundred Thousand !esos $!344)444.44% or) in Fetro Fanila where such personal propert') estate) or amount of the demand does not exceed 2our Dundred Thousand !esos $!:44)444.44% exclusi e of interest damages of whate er kind) attorne'Gs fees) litigation expenses) and costs) the amount of which must be specificall' alleged@ !ro ided) That where there are se eral claims or causes of action between the same or different parties) embodied in the same complaint) the amount of the demand shall be the totalit' of the claims in all the causes of action) irrespecti e of whether the causes of action arose out of the same or different transactionsA -xclusi e original 5urisdiction o er cases of forcible entr' and unlawful detainer@ !ro ided) That when) in such cases) the defendant raises the Buestion of ownership in his or her pleadings and the Buestion of possession cannot be resol ed without deciding the issue of ownership) the issue of ownership shall be resol ed
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onl' to determine the issue of possession. $c% -xclusi e original 5urisdiction in all ci il actions which in ol e title to) or possession of) real propert') or an' interest therein where the assessed alue of the propert' or interest therein does not exceed Twent' thousand pesos $!24)444.44% or) in ci il actions in Fetro Fanila) where such assessed alue does not exceed 2ift' thousand pesos $!;4)444.44% exclusi e of interest) damages of whate er kind) attorne'Gs fees) litigation expenses and costs@ !ro ided) That alue of such propert' shall be determined b' the assessed alue of the ad5acent lots. $,s amended b' R. ,. No. 6<=1A n%
SEC" #"*" D101:a/1, 85>.6,.c/.2n .n ca,a6/>a0 an, 0an, >1:.6/>a/.2n ca616. ? Fetropolitan Trial Courts) Funicipal Trial Courts) and Funicipal Circuit Trial Courts ma' be assigned b' the 7upreme Court to hear and determine cadastral or land registration cases co ering lots where there is no contro ers' or opposition) or contested lots the where the alue of which does not exceed 8ne hundred thousand pesos $!144)444.44%) such alue to be ascertained b' the affida it of the claimant or b' agreement of the respecti e claimants if there are more than one) or from the corresponding tax declaration of the real propert'. Their decisions in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts. $,s amended b' R. ,. No. 6<=1A n% SEC" #"$" S;1c.a0 85>.6,.c/.2n .n c1>/a.n ca616. ? In the absence of all the Regional Trial +udges in a pro ince or cit') an' Fetropolitan Trial +udge) Funicipal Trial +udge) Funicipal Circuit Trial +udge ma' hear and decide petitions for a writ of habeas corpus or applications for bail in criminal cases in the pro ince or cit' where the absent Regional Trial +udges sit. $n% SEC" #"0" S5??a>< ;>2c1,5>16 .n 6;1c.a0 ca616. ? In Fetropolitan Trial Courts and Funicipal Trial Courts with at least two branches) the 7upreme Court ma' designate one or more branches thereof to tr' exclusi el' forcible entr' and unlawful detainer cases) those in ol ing iolations of traffic laws) rules and regulations) iolations of the rental law) and such other cases reBuiring summar' disposition as the 7upreme Court ma' determine. The 7upreme Court shall adopt special rules or procedures applicable to such cases in order to achie e an expeditious and inexpensi e

determination thereof without regard to technical rules. 7uch simplified procedures ma' pro ide that affida its and counter1affida its ma' be admitted in lieu of oral testimon' and that the periods for filing pleadings shall be non1extendible. $n% SEC" #"1" R1:.2na0 T>.a0 C25>/ 85>.6,.c/.2n .n c.9.0 ca616. Regional Trial Courts shall exercise exclusi e original 5urisdiction@ $a% $b% ?
In all ci il actions in which the sub5ect of the litigation is incapable of pecuniar' estimationA In all ci il actions which in ol e the title to) or possession of) real propert') or an' interest therein) where the assessed alue of the propert' in ol ed exceeds Twent' thousand pesos $!24)444.44% or for ci il actions in Fetro Fanila) where such alue exceeds 2ift' thousand pesos $!;4)444.44% except actions for forcible entr' into and unlawful detainer of lands or buildings) original 5urisdiction o er which is conferred upon Fetropolitan Trial Courts) Funicipal Trial Courts) and Funicipal Circuit Trial CourtsA In all actions in admiralt' and maritime 5urisdiction where the demand or claim exceeds Three Dundred Thousand pesos $!344)444.44% or) in Fetro Fanila) where such demand or claim exceeds 2our hundred Thousand !esos $!:44)444.44%A In all matters of probate) both testate and intestate) where the gross alue of the estate exceeds Three Dundred Thousand !esos $!344)444.44% or) in probate matters in Fetro Fanila) where such gross alue exceeds 2our Dundred Thousand !esos $!:44)444.44%A In all actions in ol ing the contract of marriage and marital relationsA In all cases not within the exclusi e 5urisdiction of an' court) tribunal) person or bod' exercising 5urisdiction or an' court) tribunal) person or bod' exercising 5udicial or Buasi15udicial functionsA In all ci il actions and special proceedings falling within
$c%
$d%
$e% $f%
$g%
10

the exclusi e original 5urisdiction of a +u enile and 3omestic Relations Court and of the Courts of ,grarian Relations as now pro ided b' lawA and $h% In all other cases in which the demand) exclusi e of interest) damages of whate er kind) attorne'Gs fees) litigation expenses) and costs or the alue of the propert' in contro ers' exceeds Three Dundred Thousand !esos $!344)444.44% or) in such other cases in Fetro Fanila) where the demand) exlusi e of the abo e1mentioned items exceeds 2our Dundred Thousand !esos $!:44)444.44%. $,s amended b' R. ,. No. 6<=1% Regional Trial
SEC" #"3" O>.:.na0 85>.6,.c/.2n .n 2/41> ca616. ? Courts shall exercise original 5urisdiction@ $a%
In the issuance of writs of certiorari) prohibition) mandamus) Buo warranto) habeas corpus and in5unction which ma' be enforced in an' part of their respecti e regionsA and In actions affecting ambassadors and other public ministers and consuls.
$b%
SEC" #")" A;;100a/1 85>.6,.c/.2n. ? Regional Trial Courts shall exercise appellate 5urisdiction o er all cases decided b' Fetropolitan Trial Courts) Funicipal Trial Courts) and Funicipal Circuit Trial Courts in their respecti e territorial 5urisdictions. 7uch cases shall be decided on the basis of the entire record of the proceedings had in the court of origin and such memoranda andHor briefs as ma' be submitted b' the parties or reBuired b' the Regional Trial Courts. SEC" #"4" S;1c.a0 85>.6,.c/.2n /2 />< 6;1c.a0 ca616. ? The 7upreme Court ma' designate certain branches of the Regional Trial Courts to handle exclusi el' criminal cases) 5u enile and domestic relations cases) agrarian cases) urban land reform cases which do not fall under the 5urisdiction of Buasi15udicial bodies and agencies) andHor such other special cases as the 7upreme Court ma' determine in the interest of a speed' and efficient administration of 5ustice. SEC" #"." S;1c.a0 R5016 23 P>2c1,5>1. ? "hene er a Regional Trial Court takes cogni0ance of 5u enile and domestic relations cases andHor

agrarian cases) the special rules of procedure applicable under present laws to such cases shall continue to be applied) unless subseBuentl' amended b' law or b' rules of court promulgated b' the 7upreme Court.
12

TITLE IV: PROCEDURE IN TRIAL COURTS Rule # CONDITIONS TO CTION %N& SECTION #"#" C2n,./.2n6 /2 3.0.n:. ? &nless otherwise pro ided b' these rules) no action ma' be filed in court unless accompanied b'@ $a% $b% $c% !roof of receipt b' defendant of a prior written demand from plaintiff) "ritten proof of a failed effort to meet and negotiate a settlement between the partiesA and a certification that a subseBuent submission of the dispute to mediation b' a neutral part' has also failed.
"here the dispute relates to a matter that is not allowed b' law to be settled or compromised) the initiator' pleading shall contain a statement to such effect) and cite the specific pro ision of law relied upon) without pre5udice to the authorit' of the court to subseBuentl' direct the parties to submit to ,3R an' related issues or matters for which settlement or arbitration is not prohibited. SEC #"*" (>.//1n ,1?an, an, 2331> /2 ?11/. ? The plaintiff must before filing an action write the defendant a letter) demanding satisfaction of his or her specified claim or claims and seeking a meeting between the parties at an acceptable place) with a suggestion as to date and time) for the purpose of discussing the possibilit' of settlement and a oiding court action through negotiation. , period of at least ten $14% da's shall be gi en to the other part' to respond to the demand. 7hould the plaintiff or the defendant regard such a direct meeting inad isable because of some personal reason or deep personal enmit' between them) the part' shall in writing designate counsel or a representati e to attend the meeting with full authorit' to negotiate and agree to the terms of an' settlement. SEC" #"$" C25n/1>,1?an,. E The court shall not entertain an' counterclaim without proof that the defendant made a prior written counter

demand upon the plaintiff and unless the defendant declares that he or she or she or his or her representati e brought up such counter demand in a settlement meeting with the plaintiff or his or her representati e and that he or she or she further took part in the submission of their dispute to an' of the alternati e dispute resolutions mentioned in 7ection 1.:. below. SEC" #"0" A0/1>na/.91 ,.6;5/1 >16205/.2n. = 7hould there be no fa orable response or no response at all to the demand) the aggrie ed part' must submit the proposed action for alternati e dispute resolution through an' two of the following modes@ $a% $b% a negotiation between the parties andHor counsel to settle or resol e the disputeA a mutuall' acceptable neutral third1part' or mediator) including but not limited to council of elders) tribal council) traditional leaders) and the like) as well as (egal -ducation *oard1accredited law student interns) a law school legal aid unit) an Integrated *ar of the !hilippines legal aid ser ice) or an' registered non1go ernmental organi0ation dedicated to settling disputes amicabl'A baranga' conciliation) pursuant to R.,. No. 61<4) as amendedA through the !hilippine Fediation Center for the pre1filing stageA alternati e dispute resolution $other than arbitration% through the 8ffice of ,lternati e 3ispute Resolution) other authori0ed agencies) other ,3R pro iders chosen b' the partiesA and other similar modes of alternati e dispute resolution.
$c% $d% $e%
$f%
SEC" #"1" ECc1;/.2n6. = The reBuirements of prior written demands and submission to mediation shall not appl'@ $a% "here the law or the rules prohibit as a matter of public polic') a negotiated settlement of the dispute between the partiesA or "hen the plaintiff9s action urgentl' reBuires immediate 5udicial relief as when the plaintiff) acting in good faith)
$b%
14

applies for a temporar' restraining order or a writ of preliminar' in5unction) a preliminar' attachment) a reple in order) or recei ership) unless in the meantime the court has granted or denied the application for such pro isional remed'. In the latter cases) the court ma' nonetheless direct the parties to submit to alternati e dispute resolution pending further action on their cases. "hen claiming the exception) the plaintiff has the burden of pro ing his entitlement to such exception. ,n application for a pro isional remed' plainl' to a oid the reBuirements of prior demand and submission to alternati e dispute resolution shall be ground for dismissal of the complaint or the counterclaim. SEC" #"3" D1;26./ 23 61//01?1n/ A:>11?1n/. E,n' part' to a negotiation) conciliation) or mediation that is not court annexed ma' deposit with the Clerk of court of the Regional Trial Court where an' of the parties who is an indi idual resides or the principal place of business of the corporation or partnership in the !hilippines is located or in the National Capital Region) the written settlement agreement between the parties which resulted from the negotiation) conciliation or mediation) the registration and and enforcement of such settlement agreement shall be go erned b' the special rules on alternati e dispute resolution SEC" #")" E331c/ 23 n2n*c2?;0.anc1. E No ci il case) except as pro ided abo e) shall be filed in court without first undergoing an' two modes of ,3R. $n% SEC" #"4" C2??1nc1?1n/ 23 Ac/.2n. ? , ci il action is commenced b' the filing of the original complaint in court accompanied b' the pa'ment of ;4I of the prescribed docket fees. The 8alance of 1-D shall 8e 5aid @ithin ten %#-& da:s fro9 the ter9ination of 5reli9inar: conference 5ro5er @ithout settle9ent of the dis5ute" Failure to 5a: the 8alance shall result in the dis9issal of the action" If an additional 5art: is i95leaded in a later 5leadin7= the action is co99enced @ith re7ard to that 5art: on the date of the filin7 of such later 5leadin7= even if the court denies the 9otion for the 5leadin7s ad9ission"

9otion to sue as an indi7ent 9ust acco95an: the initiator: 5leadin7= @hen 5ro5er= and 8e resolved 8: the E<ecutive 'ud7e 5rior to acce5tance of the case and docEetin7" %1a= R#& Rule * C (SE OF CTION %R*& SECTION *"#" O>,.na>< c.9.0 ac/.2n6) 7a6.6 23. ? - er' ordinar' ci il action must be based on a cause of action existing) not 5ust at the time of filing of the complaint) but at all stages of litigation. $1a% SEC" *"*" Ca561 23 ac/.2n. = , cause of action is an act or omission of one part' in iolation of the legal right or rights of the other. Its elements are@ $a% $b% $c% a right in fa or of plaintiff b' whate er means and under whate er law it arises or is createdA an obligation on the part of the named defendant to respect or not to iolate the rightA and an act or omission on the part of defendant iolati e of the right of plaintiff or constituting a breach of an obligation to the latter. It is onl' when the last element occurs that a cause of action arises. $2a%
SEC" *"$" S;0.//.n: a 6.n:01 ca561 23 ac/.2nB 1331c/ 23. ? If two or more suits are instituted on the basis of the same cause of action) the filing of one) or a dis9issal @ith 5re>udice or a 5udgment upon the merits in an' one is a ground for the dismissal of the others. $:a% SEC" *"0" J2.n,1> 23 ca5616 23 ac/.2n. = , part' shall 5lead) in the alternati e or otherwise) all causes of action e<istin7 against the other part') sub5ect to the following conditions@ $a% $b% $c% The part' 5oining the causes of action shall compl' with the rules on 5oinder of partiesA The 5oinder shall not include special ci il actions or actions go erned b' special rulesA "here the causes of action are between the same parties
16

but pertain to different enues or 5urisdictions) the 5oinder ma' be allowed in the Regional Trial Court pro ided one of the causes of action falls within the 5urisdiction of said court and the enue lies thereinA and $d% "here the claims in all the causes action are principall' for reco er' of mone') the aggregate amount claimed shall be the test of 5urisdiction.
2ailure to plead all the abo e causes of action existing at the time of filing shall result in a wai er of the cause of action not pleaded. $;a% SEC" *"1" M.682.n,1> 23 ca5616 23 ac/.2n. ? Fis5oinder of causes of action is not a ground for dismissal of an action. , mis5oined cause of action ma') on motion of a part' or on the initiati e of the court) be se ered and proceeded with separatel'. $<a% Rule $ P RTIES TO CI!IL CTIONS %R$& SECTION $"#" Plaintiff and defendant. 8nl' natural or 5uridical persons ca5acitated under the la@) or entities authori0ed b' law ma' be parties in a ci il action. The term F5laintiffG shall refer to the clai9ant. The term FdefendantG shall refer to the res5ondin7 5art:" $1a% SEC" $"*" Pa>/.16 .n .n/1>16/. ? , real part' in interest is the part' who stands to be benefited or in5ured b' the 5udgment in the action. &nless otherwise authori0ed b' law or these Rules) e er' action must be prosecuted or defended in the name of the real part' in interest. Hhen the na9e of a necessar: 5art: is unEno@n= such 5art: 9a: 8e sued as the unEno@n 5laintiff or defendant until the 5art:s identit: is ascertained" In an action that seeks to pierce the corporate eil) the principal and the alter ego or business conduit shall both be impleaded as parties. Should there 8e a transfer of interest after the action has 8een filed= the action 9a:= u5on 9otion and court a55roval= 8e continued 8:

or a7ainst the ori7inal real 5art: in interest= the transferee= or 8oth" $2a% SEC" $"$" R1;>161n/a/.916 a6 ;a>/.16. ? "here the action is allowed to be prosecuted or defended b' a representati e or someone acting in a fiduciar' capacit') the beneficiar' shall be included in the title of the case and shall be deemed to be the real part' in interest. , representati e ma' be a trustee of an express trust) a guardian) an executor or administrator) or a part' authori0ed b' law or these Rules. ,n agent acting in his or her or her own name and for the benefit of an undisclosed principal ma' sue or be sued without 5oining the principal except when the contract in ol es things belonging to the principal. In case the re5resentative dies or is other@ise rendered inca5acitated after the filin7 of the action= the counsel or the 5rinci5al shall notif: the court= @ithin $- da:s fro9 Eno@led7e= of such death or inca5acit: and the a55oint9ent 8: the 5rinci5al of a ne@ re5resentative= or the intention to 5ersonall: continue the action" $3a% SEC" $"0" S;25616 a6 ;a>/.16. ? Dusband and wife shall sue or be sued 5ointl') except as pro ided b' law. $:a% SEC" $"1" M.n2> 2> .nc2?;1/1n/ ;1>62n6. ? , minor or a person alleged to be incompetent ma' sue or be sued) 5rovided that such 5erson is re5resented 8: a 5arent= a guardian) or if none) a guardian ad litem. $;a% SEC" $"3" J2.n,1> 23 ;a>/.16. = ,n action shall implead all parties necessar' for the complete ad5udication of the cause of action pleaded. 7hould the omission of a necessar' part' be disco ered onl' after the filing of a responsi e pleading through no fault of the plaintiff or defendant) as the case ma' be) the court shall order the inclusion) on its own initiati e or upon motion. The failure to compl' with an order for inclusion of a necessar' part') without 5ustifiable cause) shall be a ground for the dismissal of an initiator' pleading) or in the case of a third1$or fourth1) etc.% part' complaint) shall be deemed a wai er of the claim against such part'. The 9is>oinder of 5arties shall not 8e a 7round for dis9issal of an action" Parties 9a: 8e dro55ed or added 8: order of the court= on 9otion of an: 5art: or on its o@n initiative= at an: sta7e of the action and on such ter9s as are >ust" n: clai9 a7ainst a 9is>oined 5art: 9a:
18

8e severed and 5roceeded @ith se5aratel:" $<)6)=)11a% SEC" $")" Un@.00.n: co-plaintiff. ? If the consent of an' part' who should be 5oined as 5laintiff cannot be obtained) such 5art: ma' be made a defendant and the reason therefor shall be stated in the initiator: 5leadin7. $14a% SEC" $"4" C0a66 65./. ? "hen the cause of action is one common to persons too numerous that it is impractical to 5oin all as parties) the court ma' allow a representati e number of the claimants to sue or defend on behalf of all sharing the common interest. "ith lea e of court) an' part' shall ha e the right to 5oin the class suit at an' time before trial commences. $12a% SEC" $"." A0/1>na/.91 defendants" B Hhen there is uncertaint: a7ainst @ho9 5laintiff is entitled to relief) 5laintiff ma') in the alternati e) 5oin an' or all of them as defendants) although a right to relief against one ma' be inconsistent with a right to relief against the other. $13a% SEC" $"#-" En/./< @./425/ 85>.,.ca0 ;1>62na0./< a6 defendant. ? "hen two or more persons not organi0ed as an entit' with 5uridical personalit' enter into a transaction) the' ma' be sued under the name b' which the' are generall' or commonl' known. In the answer of such defendant) the names and addresses of the persons composing said entit' must all be re ealed. $1;a% SEC" $"##" D1a/4 23 ;a>/<B ,5/< 23 c25n610. ? "hene er a part' to a pending action dies) and the claim is not thereb' extinguished) counsel shall= within thirt' $34% da's from knowledge) inform the court of the death) and gi e the names and addresses of all Eno@n legal heirs or representati es. 2ailure of counsel to compl' with his or her dut' shall be a ground for disciplinar' action. The court shall order the heirs to su8stitute the deceased within a period of thirt' $34% da's from notice of death. The court ma' appoint a guardian ad litem for the minor heirs @ithin the sa9e 5eriod" Once a55ointed= an e<ecutor or ad9inistrator shall su8stitute the deceased" If des5ite notice= no heir or re5resentative a55ears or is na9ed 8: the counsel for the deceased 5art:= the court 9a: order the estate to su8stitute for the deceased" $1<a%

SEC" $"#*" D1a/4 2> 61;a>a/.2n 23 a ;a>/< @42 .6 a ;570.c 233.c1>. ? "hen a public officer is a part' in an action in an official capacit' and during its pendenc' dies) resigns) or otherwise ceases to hold office) the action ma' be continued and maintained b' or against the successor if) within thirt' $34% da's after the successor takes office) it is satisfactoril' shown) u5on 9otion and notice= that the successor intends to continue the action of the 5redecessor" $16a% SEC" $"#$" Inc2?;1/1nc< 2> .nca;ac./< of a party. If a part' becomes incompetent or incapacitated) the court) upon motion with notice) ma' allow the action to be continued b' or against the le7al re5resentative of the inco95etent or inca5acitated 5erson. $1> Re .% SEC" $"#0" In,.:1n/ ;a>/<. ? , part' ma') 5ursuant to Re5u8lic ct .0-3= be authori0ed to litigate as an indigent and 8e assisted 8: counsel in an action if the E<ecutive 'ud7e of the court= upon an 1C ;a>/1 application and hearing) is satisfied that the part' is one who has no mone') propert' or 9eans of su55ort sufficient and availa8le for 8asic necessities" The indi7ent shall not 5a: docEet and other la@ful fees= e<ce5t 9ediation fees and de5osit for the Sheriffs Trust Fund" 2o@ever= such docket and other lawful fees which the indigent was exempted from pa'ing shall be a lien on an' 5udgment rendered in the case fa orable to the indigent) unless the court otherwise pro ides. Transcri5ts of steno7ra5hic notes shall 8e 5rovided to the indi7ent free of char7e" $21a% SEC" $"#1" State interest. In an' action in ol ing the alidit' of an' treat') international or executi e agreements) law) ordinance) executi e order) presidential decree) rules or regulations) in all s5ecial 5roceedin7s= and in land re7istration 5roceedin7s= the interest of the State shall 8e 5rotected 8: its co95ulsor: i95leader" Notices for the State in all these actions shall 8e addressed to the Office of the Solicitor General" $22a% Rule 0 !EN(E OF CI!IL CTIONS %R0& SECTION 0"#" Venue by agreement. Once the 5arties a7ree in @ritin7 on a s5ecific venue= such venue shall 8e e<clusive" In the a8sence
20

of an a7ree9ent= the succeedin7 sections shall a55l:" $n% SEC" 0"*" V1n51 23 >1a0 ac/.2n6. = In the a8sence of an a7ree9ent on venue= real actions shall be commenced and tried in the proper court which has 5urisdiction o er the place wherein the real propert' in ol ed) or an' portion thereof) is situated. $1a% SEC" 0"$" V1n51 23 ;1>62na0 ac/.2n6. ? In the a8sence of an a7ree9ent on venue= 5ersonal actions ma' be commenced and tried where the 5laintiff or an' of the principal 5laintiffs resides) or where the defendant or an' of the principal defendants resides) or where a non1 resident defendant ma' be found) at the election of the 5laintiff. Residence is the actual or ha8itual 5lace of a8ode" $2a% SEC" 0"0" V1n51 23 ac/.2n6 a:a.n6/ n2n*>16.,1n/6. ? If an' of the defendants does not reside and is not found in the !hilippines) and the action affects the personal status of the 5laintiff) or an' propert' of said defendant located in the !hilippines) the action ma' be commenced and tried in the court of the place where the 5laintiff resides) or where the propert' or an' portion thereof is situated or found. $3a% Rule 1 PLE DINGS %R)& SECTION 1"#" P01a,.n:6 in general" B !leadings are the written statements of the parties submitted to the court for its consideration and action" Pleadin7s include initiator: and res5onsive 5leadin7s= 9otions= 9anifestations= co99ents= o55ositions= re5lies= 9e9oranda= and all other @ritten su89issions" $n% SECTION 1"*" Ca;/.2n. ? The caption sets forth the court) the nature of the action) and the docket number) which shall indicate the 'ear of its filing. The title of the action indicates the names of the parties. The parties shall all be named in the initiator' pleadingA but in subseBuent pleadings) it

shall be sufficient if the name of the first part' on each side is stated with an appropriate indication when there are other parties. Their respecti e participation in the case shall also be indicated. $1a% SEC" 1"$" T41 72,<. ? The bod' of the pleading sets forth its name) the allegations of the parties9 claims or defenses) the relief pra'ed for) and the date of the pleading. The allegations shall be di ided into consecuti el' numbered paragraphs) and each shall state a single set of circumstances. , paragraph shall be referred to b' its number in all succeeding pleadings. - er' pleading shall be dated and signed b' counsel. $2a% SEC" 1"0" S.:na/5>1 23 c25n610 c2n6/./5/16 91>.3.ca/.2n. ? ,n' pleading signed b' counsel dul' authori0ed to practice law in the !hilippines shall state the counsel9s name and complete address) that shall not be a post office box address) including the respecti e -1mail or electronic Internet addresses and contact numbers) professional tax receipt number) Roll of ,ttorne's Number) FC(- Compliance details) I*! 8fficial Receipt Number with date and place of issue) and an' other compliance reBuirements. The signature of counsel constitutes a erification b' said counsel as an officer of the court that@ $a% the counsel has read the pleadingA $b% to the best of counsel9s knowledge and based on documents in the possession of or re iewed b' counsel) all allegations in the pleading are true and correct) and there is good ground to support themA it is not being presented for an' improper purpose such as to harass) cause unnecessar' dela') or needlessl' increase the cost of litigationA and the factual contentions ha e e identiar' support or) if specificall' so identified) will likewise ha e e identiar' support after a reasonable opportunit' for further in estigation or disco er'. $3a%
$c%
$d%
SEC" 1"1" Un6.:n1, ;01a,.n:6. ? ,n' unsigned pleading produces no legal effect. Dowe er) the court ma') in its discretion) allow such
22

deficienc' to be remedied if it shall appear that the same was due to mere inad ertence and not intended for dela'. $n% SEC" 1"3" V1>.3.ca/.2n 7< Pa>/<. ? ,n' initiator' or responsi e pleading shall be erified or accompanied b' an affida it executed b' the parties or an' one of them) or an' person who is dul' authori0ed b' an' of such part' or parties. , erification should be under oath stating that %a& the affiant has read the pleadingA $b% to the best of affiant9s personal knowledge or based on authentic document$s% in the possession of or re iewed b' affiant) all allegations in the pleading are true and correct) and there is good ground to support themA it is not being presented for an' improper purpose such as to harass) cause unnecessar' dela') or needlessl' increase the cost of litigationA and the factual contentions ha e e identiar' support or) if specificall' so identified) will likewise ha e e identiar' support after a reasonable opportunit' for further in estigation or disco er'.
$c%
$d%
, pleading reBuired to be erified which contains a erification based on .information and belief)/ or upon .knowledge) information) and belief)/ or lacks a proper erification) shall be treated as an unsigned pleading. In cases where the affiant is outside the !hilippines or in an' manner unable to submit the erification reBuired under this rule) the submission of a photocop') facsimile) or an electronic cop' of the erification in whate er form shall be allowed) pro ided that@ $a% the erification is under oath before an' officer dul' authori0ed to administer oathsA and $b% The affiant subseBuentl' executes the proper erification in compliance with this rule. $:%

Rule 3 FOR(+ S2OPPING %N& SECTION 3"#" F2>5? 642;;.n:. ? either to the filing of@ $a% 2orum shopping ma' refer
Fultiple actions before an' court) tribunal) or agenc' where there is identit' of causes of action and parties) or) at least) such parties representing the same interests in both actionsA or Two or more unfounded motions for inhibition of a 5udge that are not based on mandator' grounds for inhibition under the first paragraph of 7ection 1 of Rule 136 of the Rules of CourtA pro ided that) in an' case) each part' shall onl' be allowed to file one motion for oluntar' inhibition as defined under the second paragraph of 7ection 1 of Rule 136. $n%
$b%
SEC" 3"*" F2>5? 642;;.n:) ;>24.7./1,B 6anc/.2n6. ? 2orum shopping is strictl' prohibited. The submission of a false certification or non1compliance with an' of the undertakings therein shall constitute indirect contempt of court) without pre5udice to the corresponding administrati e and criminal actions. If the acts of the part' or his or her counsel clearl' constitute willful and deliberate forum shopping) the same shall be ground for summar' dismissal with pre5udice and shall constitute direct contempt) as well as a cause for administrati e sanctions. $<% 7-C. <.3. C1>/.3.ca/.2n 23 n2n*32>5? 642;;.n:) @41n >1A5.>1,. ? ,ll initiator' pleadings shall contain a certification of non1forum shopping signed b' the plaintiff) or an' of the plaintiffs) or counsel) as follows@ .The plaintiff $or the undersigned counsel% certifies under oath that the filing of this initiator' pleading does not amount to forum shopping./ *' so certif'ing) the plaintiff or counsel attests that@ $a% No action or claim in ol ing the same cause of action between the same parties or) at least) such parties representing the same interests in both actions) has been filed before an' court) tribunal or Buasi15udicial agenc')
24

or if filed) that the same is no longer pending and has been dismissed without pre5udice. $b% $c% To the best of the plaintiff9s knowledge) no such other action or claim is pending or was pre iousl' filed. If the plaintiff or counsel should thereafter learn that a similar action has been filed or is pending) the plaintiff or counsel shall report such fact and the status of the action within fi e $;% da's from knowledge. $n%
SEC" 3"0" N2n*C2?;0.anc1. ? 2ailure to compl' with this rule shall not be curable b' amendment of the initiator' pleading. $n% Rule ) INITI TOR, ND RESPONSI!E PLE DINGS %R3& SECTION )"#. In./.a/2>< an, >16;2n6.91 ;01a,.n:6) ,13.n1,. ? Initiator' and Responsi e pleadings are the initial written statements of the respecti e claims and defenses of the parties. $1a% SEC" )"*. In./.a/2>< P01a,.n:6. ? Initiator' !leadings include@ $a% $b% $c% $d% $e% ComplaintsA Complaints in Inter entionA !ermissi e CounterclaimA Cross1claimA and Third) $2ourth) etc.%1!art' Complaints. $n%
SEC" )"$" R16;2n6.91 P01a,.n:6. = Responsi e !leadings include@ $a% $b% $c% $d% $e% ,nswersA ,nswers to !ermissi e CounterclaimA ,nswers to Cross1claimsA ,nswers to Complaint in Inter entionA and Third) $2ourth) etc.%1!art' ,nswers. $n%
SEC" )"0. C2?;0a.n/. ? The complaint is the pleading where a part'

asserts a claim) which shall contain the following under appropriate headings@ $a% !arties@ 1. The names and residences of the !laintiff and defendant including their respecti e -1mail or electronic Internet addresses and contact numbers if known to the part'. , erments regarding the part'9s capacit' to sue or be sued) or the authorit' of the representati e to sue or be sued in the name of the real part' in interest) or the legal existence of an organi0ed association of persons that is made a part'. In case of 5uridical persons) proof of authorit' of its representati e to file the action shall be attached to the complaint
2.
$b%
2acts@ The ultimate and e identiar' facts constituting the plaintiff9s cause of action) dul' supported b' the documents andHor e idence on which the action is based. Clear and legible copies thereof should be attached either to the pleading or the 5udicial affida its) consecuti el' marked. The markings shall be retained throughout the proceedings. Issues@ , preliminar' statement of foreseeable issuesA (aws@ 7pecific applicable laws) rules) or 5urisprudence on which the action is based or that support the actionA Conditions !recedent@ -fforts taken to settle the dispute out of court) which include@ 1. 2. sending a demand letterA and utili0ing an' two a ailable settlement1based modes of alternati e dispute resolution as enumerated in Title IJ) Rule 1) 7ection 1.
$c% $d% $e%
$f% $g%
,dmissions@ 7pecific proposals for stipulations or admissions of facts and documents. !roposed 7ettlement@
26

1. 2. $h% $i% $5% $k% $l%
,n enumeration of acceptable terms of settlement. , statement of willingness to submit the dispute to an arbitrator.
Referral@ The need for reference of certain matters or issues to a commissioner or assessor. !ra'er@ The specific reliefs pra'ed for. Jerification@ Jerification either b' the part' or b' counsel. Certification of Non12orum 7hopping) if necessar'. The names and complete addresses of the counsel) including their respecti e -1mail or electronic Internet addresses and contact numbers if knownA pro ided that a post office box address shall be prohibited. !roof of pa'ment of docket and other reBuired fees. Table of -xhibits 8nl' exhibits included in the Table shall be allowed during trial.
$m% $n%
$o%
Table of "itnesses 8nl' witnesses included in the Table shall be allowed to testif' during trial. $3a%
SEC" )"1" An6@1>. ? ,n ,nswer is a pleading in which a defendant sets forth the following under appropriate headings@ $a% !arties@ The names and residences of the !laintiff and defendant including their respecti e -1mail or electronic Internet addresses and contact numbers if known to the part'. 2acts@ The ultimate and e identiar' facts constituting the defendant9s defense) dul' supported b' the documents andHor e idence on which the action is based. Clear and legible copies thereof should be attached either to the pleading or the 5udicial affida its) consecuti el' marked. The markings shall be retained throughout the proceedings.
$b%

$c% $d% $e%
Issues@ , preliminar' statement of foreseeable issues. (aws@ 7pecific applicable laws) rules) or 5urisprudence that support the defense. CounterclaimsHCross1claims@ ,ll compulsor' counterclaims and cross1claims arising from the complaint) including third $fourth) etc.%1part' complaints) otherwise the' shall be barred. ,dmissions@ 7pecific proposals for stipulations or admissions of facts and documents. 7ettlement@ 1. 2. ,n enumeration of acceptable terms of settlement. , statement of willingness to submit the dispute to an arbitrator.
$f% $g%
$h% $i% $5% $k% $l%
Referral@ The need for reference of certain matters or issues to a commissioner or assessor. !ra'er@ The specific reliefs pra'ed for. Jerification@ Jerification either b' the part' or b' counsel. Certification of Non12orum 7hopping) if necessar'. The names and complete addresses of the counsel) including their respecti e -1mail or electronic Internet addresses and contact numbers if knownA pro ided that a post office box address shall be prohibited. Table of -xhibits 8nl' exhibits included in the Table shall be allowed during trial.
$m%
$n%
Table of "itnesses 8nl' witnesses included in the Table shall be allowed to testif' during trial.
, permissi e counterclaim) cross1claim) or third $fourth) etc.%1part' complaint) if included in the ,nswer or filed in the same case) shall follow the same reBuirements for a Complaint) except numbers $a%) $b%) and $g% of
28

7ection 6.: of this Rule. ,n answer to a permissi e counterclaim) cross1claim) and third $fourth) etc.%1part' complaint shall likewise follow the reBuirements for an ,nswer. $:a% SEC" )"3" Waiver of defenses. E Defenses not 5leaded in the ans@er shall 8e dee9ed @aived= e<ce5t @hen the court has no >urisdiction over the su8>ect 9atter= @hen there is another action 5endin7 8et@een the sa9e 5arties for the sa9e cause= or @hen the action is 8arred 8: a 5rior >ud79ent or 8: the statute of li9itations" 9otion to dis9iss on an: 7round is 5rohi8ited" SEC" )")" D.6?.66a0 2> J5,:?1n/ 2n C25>/D6 In./.a/.91. = If on the face of the complaint) it is apparent that the court does not ha e 5urisdiction o er the sub5ect matter of the action) the action has prescribed) or there is a failure to compl' with pre1filing reBuirements) the court shall) on its initiati e) dismiss the case. ,fter the filing of the answer and before the preliminar' conference) the court) with or without a summar' hearing) ma' on its own initiati e dismiss an action on an' of the following grounds@ lack of 5urisdiction o er the sub5ect matter) res 5udicata) litis pendentia) prescription) improper enue) or failure to compl' with an' of the conditions for filing. "here an answer fails to tender an issue) or otherwise admits the material allegations of the ad erse part'Gs pleading) the court) after the filing of the answer and before the preliminar' conference) ma' direct 5udgment on such pleading. Dowe er) in actions for declaration of nullit' or annulment of marriage or for legal separation) the material facts alleged in the complaint shall alwa's be pro ed. $n% SEC" )"4" C25n/1>c0a.?. ? , counterclaim is an' claim that a defending part' ma' ha e against an opposing part'. $<a% SEC" )"." C2?;5062>< c25n/1>c0a.?. ? , compulsor' counterclaim is one which) being cogni0able b' the court) arises out of or is connected with the transaction or occurrence constituting the sub5ect matter of the opposing part'9s claim and does not reBuire for its ad5udication the presence of third parties o er whom the court cannot acBuire 5urisdiction. In first le el courts) the counterclaim must be within their 5urisdiction

both as to its amount and nature. If the counterclaim is in excess of the 5urisdictional amount) the excess shall be wai ed. In an original action before the Regional Trial Courts) the compulsor' counterclaim ma' be considered regardless of the amount. $6a% SEC" )"#-" P1>?.66.91 C25n/1>c0a.?. ? , permissi e counterclaim does not arise out of or is not necessaril' connected with the sub5ect matter of the opposing part'9s claim. It is an existing independent claim that ma' be filed separatel' in another case. , permissi e counterclaim) if not included in the answer) ma' also be filed together with a motion for lea e within an inextendible period of 1; da's from filing of the mo ant9s answer. $n% SEC" )"##" C>266*c0a.?. ? , cross1claim is an' claim b' one part' against a co1part' arising out of the transaction or occurrence that is the sub5ect matter either of the original action or of a counterclaim therein. 7uch cross1claim ma' include a claim that the part' against whom it is asserted is or ma' be liable to the cross1claimant for all or part of a claim asserted in the action against the cross1claimant. $>a% SEC" )"#*" R1;0< /2 an An6@1>. ? , repl' is a pleading that alleges facts in denial or a oidance of new matters alleged b' wa' of defense in an answer to a co95laint= a crossclai9= or a 5er9issive counterclai9 and thereb' 5oins or makes issue as to such new matters. If a part' does not file such repl') all new matters alleged in the answer and the compulsor' counter1claim) if an') are deemed contro erted. "hen the defense is based on a written instrument) a cop' of which is attached to the answer) then Title IJ) Rule 14) 7ection 6 applies. If a repl' is filed) the !laintiff shall attach a 5udicial affida it and documents) if necessar'. $14a% SEC" )"#$" P1>.2, 32> 3.0.n: a >1;0<. ? , repl' shall be filed within an inextendible period of 1; da's from receipt of the ,nswer. $<a) R11% SEC" )"#0" T4.>, (325>/4) 1/c.)*;a>/< c2?;0a.n/. ? , third $fourth) etc.%1part' complaint is a claim that a defendant ma') with lea e of court) file against a person not a part' to the action) called the third $fourth) etc.%1 part' defendant) for contribution) indemnit') subrogation) or an' other relief) in respect of the original plaintiff9s claim.
30

The third $fourth) etc.%1part' complaint shall conform to the reBuirements set forth in 7ection 3 of this Rule. $11a% SEC" )"#1" P1>.2, 32> 3.0.n: /41 /4.>, (325>/4) 1/c.)*;a>/< c2?;0a.n/. ? The third $fourth) etc.%1part' complaint shall be filed together with a motion for lea e within an inextendible period of 1; da's from filing of the mo ant9s answer. $n% SEC" )"#3. An6@1> /2 ;1>?.66.91 c25n/1>c0a.?) c>266*c0a.? an, /4.>, (325>/4) 1/c.)*;a>/< c2?;0a.n/. ? , defendant to a permissi e counterclaim) cross1claim or third $fourth) etc.%1part' complaint ma' allege in the answer all defenses) counterclaims or cross1claims. $13a% SEC" )"#)" N2 R182.n,1>. ? prohibited. $n% , re5oinder or its eBui alent is
Rule 4 + NNER OF + IING LLEG TIONS IN PLE DINGS %R4& SECTION 4"#" In :1n1>a0. ? - er' pleading shall contain in a methodical and logical form) a complete and concise narration of the material facts relied upon for a claim or a defense) as the case ma' be) dul' supported b' laws and e idence. , part' shall specif' the pertinent pro isions of law supporting the claim or defense. $1a% SEC" 4"*" A0/1>na/.91 ca5616 23 ac/.2n 2> ,131n616. ? , part' ma' set forth two or more statements of a claim or defense) alternati el' or h'potheticall') either in one cause of action or defense) or in separate causes of action or defenses. "hen two or more statements are made in the alternati e and one of them) if made independentl' would be sufficient) the pleading is not made insufficient b' the insufficienc' of one or more of the alternati e statements. $2a% SEC" 4"$" O/41> D131n616. ? , defendant ma' h'potheticall' admit the material allegation in the pleading of the claimant) which would ne ertheless pre ent or bar the defendant9s reco er'. The affirmati e defenses include fraud) statute of limitations) release) pa'ment) illegalit')

statute of frauds) estoppel) former reco er') discharge in bankruptc') and an' other matter b' wa' of confession and a oidance. , negati e defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of action. $n% SEC" 4"0" F>a5,) ?.6/aE1) c2n,./.2n 23 /41 ?.n,. ? In all a erments of fraud or mistake) the circumstances constituting fraud or mistake must be stated with particularit'. Falice) intent) knowledge or other condition of the mind of a person ma' be a erred generall'. $;a% SEC" 4"1" D2?16/.c 2> F2>1.:n J5,:?1n/. ? In pleading a 5udgment or decision of a domestic or foreign court) 5udicial or Buasi15udicial tribunal) or of a board or officer) it is sufficient to a er the 5udgment or decision without setting forth matter showing 5urisdiction to render it. , certified or authenticated cop' of the 5udgment should be attached to the pleading. If the 5udgment is in a foreign language other than -nglish) an official -nglish translation should also be attached. $<a% SEC" 4"3" Ac/.2n 2> ,131n61 7a61, 2n @>.//1n .n6/>5?1n/. ? "hene er an action or defense is based upon a written instrument) the substance of such instrument or document shall be set forth in the pleading) and the original or a certified true cop' thereof shall be attached to the pleading as an exhibit) dul' marked) which shall be deemed a part of the pleading. $6a% SEC" 4")" $2@ /2 c2n/16/ 65c4 ,2c5?1n/. ? "hen an action or defense is founded upon a written instrument) copied in or attached to the corresponding pleading as pro ided in the preceding section) the genuineness and due execution of the instrument shall be deemed admitted unless the ad erse part') under oath) specificall' denies them and sets forth what he or she or she claims to be the factsA but the reBuirement of an oath does not appl' when the ad erse part' does not appear to be a part' to the instrument or when compliance with an order for an inspection of the original instrument is refused. $>a% SEC" 4"4" O33.c.a0 ,2c5?1n/ 2> ac/. ? In pleading an official document or official act) it is sufficient to a er that the document was issued or the act done in compliance with law. The original or a clear certified true
32

cop' of the document shall be attached and dul' marked. $=a% SEC" 4"." S;1c.3.c ,1n.a0. ? , defendant must specif' each material allegation of fact the truth of which he or she or she does not admit and) whene er practicable) shall set forth the substance of the matters upon which he or she or she relies to support his or her denialA otherwise) it is deemed a general denial. "here a defendant desires to den' onl' a part of an a erment) he or she or she shall specif' so much of it as is true and material and shall den' onl' the remainder. "here a defendant is without knowledge or information sufficient to form a belief as to the truth of a material a erment made in the complaint) he or she or she shall so state) and this shall ha e the effect of a denial. $14a% SEC" 4"#-" A001:a/.2n6 n2/ 6;1c.3.ca00< ,1n.1, ,11?1, a,?.//1,. ? Faterial a erments in an' initiator' pleading) other than those as to the amount of unliBuidated damages) shall be deemed admitted when not specificall' denied. $11a% SEC" 4"##" S/>.E.n: 25/ 23 ;01a,.n: 2> ?a//1> c2n/a.n1, /41>1.n. ? &pon motion made b' a part' before responding to a pleading or) if no responsi e pleading is permitted b' these Rules) upon motion made b' a part' within fifteen $1;% da's after the ser ice of the pleading upon him) or upon the court9s own initiati e at an' time) the court ma' strike out a pleading) or an' portion thereof) that is prohibited) sham) false) redundant) dilator') immaterial) impertinent) or scandalous. $12a% Rule . EFFECT OF F IL(RE TO PLE D %R.& SECTION ."#. D131n616 an, 2781c/.2n6 n2/ ;01a,1,. = 3efenses and ob5ections not pleaded in the ans@er are deemed wai ed= e<ce5t that when it appears from the pleadings or the e idence on record that the court has no 5urisdiction o er the sub5ect matter of the action) that there is another action pending between the same parties for the same cause) or that the action is barred b' a prior 5udgment or b' statute of limitations) the court shall dismiss the claim. $1a% SEC" ."*" Un.?;01a,1, c0a.?6 .n /41 an6@1> 7a>>1,. = , compulsor' counterclaim) or a cross1claim) not pleaded in the answer shall

be barred. $2a% SEC" ."$" 3efaultA declaration of. ? %a& If the defending part' fails to answer within the re7le9entar: 5eriod) the court shall) upon motion of the claiming part' with notice to the defending part' and proof of such failure) declare the defending part' in default. The clai9in7 5art: shall su89it >udicial affidavit in su55ort of his or her clai9s" The court shall then render >ud79ent @hich shall neither e<ceed the a9ount or 8e different in Eind fro9 that 5ra:ed for and 5roved nor a@ard unli6uidated da9a7es. E331c/ 23 2>,1> 23 ,13a50/. = , part' in default shall be entitled to notice of subseBuent proceedings but shall not 8e allo@ed as the 5art: res5ondent to take part in su8se6uent 5roceedin7s. R10.13 3>2? 2>,1> 23 ,13a50/. = , part' declared in default ma'= at an' time after notice thereof and before 5udgment= file a motion under oath to set aside the order of default= upon proper showing that his or her failure to answer was due to e<trinsic fraud) accident) mistake or excusable negligence and that he or she or she has a meritorious defense. In such case) the order of default ma' be set aside on such terms and conditions as the court ma' impose in the interest of 5ustice. E331c/ 23 ;a>/.a0 ,13a50/. ? "hen a pleading asserting a claim states a common cause of action against se eral defending parties) some of whom answer and the others fail to do so) the court shall tr' the case against all upon the answers thus filed and render 5udgment upon the e idence presented. $3a%
$b%
%c&
%d&
%e&
34

Rule #+ENDED ND S(PPLE+ENT L PLE DINGS %R#-& SECTION #-.# ,mendments in general. ? %a& How amendments to pleadings made. !leadings ma' be amended b' adding or striking out an allegation or the name of an' part') or b' correcting a mistake in the name of a part' or a mistaken or inadeBuate allegation or description in an' other respect) so that the actual merits of the contro ers' ma' speedil' be determined) without regard to technicalities) and in the most expeditious and inexpensi e manner. $1a% A?1n,?1n/6 a6 a ?a//1> 23 >.:4/. = , part' ma' amend his or her pleading once as a matter of right at an' time before a responsi e pleading is ser ed or) in the case of a repl') at an' time within fifteen %#1& da's after it is ser ed. $2a% A?1n,?1n/6 7< 01a91 23 c25>/. = 7ubstantial amendments ma' be made onl' upon lea e of court 7ranted after the 9ovant and the adverse 5art: shall have 8een 7iven the o55ortunit: to 8e heard. $3a% New copies. ? "hen an' pleading is amended) a new cop' of the entire pleading) incorporating the amendments) which shall be indicated b' appropriate marks) shall be filed. $6a%
%8&
%c&
%d&
SEC" #-"*" F2>?a0 a?1n,?1n/6. = Clerical or t'pographical errors ma' be summaril' corrected b' the court at an' stage of the action) at its initiati e or on motion) pro ided no pre5udice is caused thereb' to the ad erse part'. $:a% SEC" #-"$" S5;;01?1n/a0 ;01a,.n:6. = &pon motion of a part' the court ma') upon reasonable notice and upon such terms as are 5ust) permit him or her to ser e a supplemental pleading setting forth transactions) occurences or e ents which ha e happened since the date of the pleading sought to be supplemented. The ad erse part' ma' plead thereto within fifteen $1;% da's from the notice of the order admitting the supplemental pleading. $<a%

SEC" #-"0" E331c/ 23 a?1n,1, ;01a,.n:6. = ,n amended pleading supersedes the pleading that it amends. Dowe er) admissions in superseded pleadings ma' be offered and ad9itted in e idence against the pleaderA and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed wai ed. $>a% Rule ## H2EN TO FILE RESPONSI!E PLE DING %R##& SECTION ##"#" An6@1> /2 /41 c2?;0a.n/. = The respondent shall file his or her answer to the complaint within thirt: %$-& da:s after ser ice of summons. The court 9a:= for >ustifia8le reasons= 7rant 8ut one e<tension to file the ans@er. $1a% SEC" ##"*" An6@1> /2 a?1n,1, c2?;0a.n/. = "here the 5etitioner files an amended complaint as a matter of right) the res5ondent shall answer the same within thirt: %$-& da's after being ser ed with a cop' of the a9ended co95laint. "here its filing is not a matter of right) the res5ondent shall answer the amended complaint thirt: %$-& da's from notice of the order admitting the a9ended co95laint. ,n answer earlier filed ma' ser e as the answer to the amended complaint if no new answer is filed. This Rule shall appl' to the answer to an amended counterclaim) amended cross1claim) amended third $fourth) etc.% part' complaint) and amended complaint1in1inter ention. $3a% SEC" ##"$" An6@1> /2 c25n/1>c0a.? 2> c>266*c0a.?. = , co95ulsor: counterclaim or cross1claim 9a: be answered within fifteen %l1& da's from ser ice. 5er9issive counterclai9 or crossJclai9 9ust 8e ans@ered @ithin thirt: %$-& da:s fro9 service. $:a% SEC" ##"0" An6@1> /2 /4.>, (325>/4) 1/c.)* ;a>/< c2?;0a.n/. = The time to answer a third $fourth) etc.%1 part' complaint shall be go erned b' the same rule as the answer to the complaint. $;%
36

SEC" ##"1" R1;0<. ? , repl' ma' be filed within fifteen %#1& da's from ser ice of the pleading responded to. $<a% SEC" ##"3" An6@1> /2 65;;01?1n/a0 c2?;0a.n/. = , supplemental complaint ma' be answered within fifteen %#1& da's from notice of the order admitting the su55le9ental co95laint. The answer to the complaint shall ser e as the answer to the supplemental complaint if no new or supplemental answer is filed. $6a% SEC" ##")" C25n/1>c0a.? 2> c>266*c0a.? a>.6.n: a3/1> an6@1>. = , counterclaim or a cross1claim which either matured or was acBuired b' a part' after ser ing his or her pleading ma') with leave of court) be presented as a counterclaim or a cross1claim b' supplemental pleading before 5udgment. $=a% SEC" ##"4" O?.//1, c25n/1>c0a.? 2> c>266*c0a.?. = "hen a pleader fails to set up a counterclaim or a cross1claim through o ersight) inad ertence) or excusable neglect) or when 5ustice reBuires) he or she or she ma') b' lea e of court) set up the counterclaim or cross1claim b' amendment before 5udgment. $14% Rule #* FILING ND SER!ICE OF PLE DINGS= '(DG+ENTS= ND OT2ER P PERS %R#*& SECTION #*"#" C291>a:1. = This Rule shall go ern the filing of all pleadings and other papers) as well as the ser ice thereof) except those for which a different mode of ser ice is prescribed. $1% SEC" #*"*" F.0.n: an, 61>9.c1) ,13.n1,. = 2iling is the act of presenting the pleading or other paper to the clerk of court. 7er ice is the act of pro iding a part' with a cop' of the pleading or paper concerned. If an' part' has appeared b' counsel) ser ice upon him or her shall be made upon his or her counsel or one of them) unless ser ice upon the part' himself is ordered b' the court. "here one counsel appears for se eral parties) he or she or she shall onl' be entitled to one cop' of an' paper ser ed upon him or her b' the opposite side. $2%

SEC" #*"$" Mann1> 23 3.0.n:. ? The filing of pleadings) appearances) motions) notices) orders) 5udgments and all other papers shall be made b': %a& $b% $c% $d% presenting the original copies thereof) plainl' indicated as such) personall' to the clerk of court; or sending them b' registered mail; or licensed courierA or electronic service in 5laces @here the court is electronicall: e6ui55ed.
In the first case) the clerk of court shall endorse on the pleading the date and hour of filing. In the second case) the date of the mailing of motions) pleadings) or an' other papers or pa'ments or deposits) as shown b' the post office stamp on the en elope or the registr' receipt) shall be considered as the date of their filing) pa'ment) or deposit in court. The en elope shall be attached to the record of the case. In the third and fourth cases= the date of recei5t 8: the court shall 8e considered as the date of filin7" $3a% SEC" #*"0" Pa;1>6 >1A5.>1, /2 71 3.01, an, 61>91,. = - er' 5udgment) resolution) order) pleading subseBuent to the complaint) written motion) notice) appearance) demand) offer of 5udgment or similar papers shall be filed with the court) and ser ed upon the parties affected. $:% SEC" #*"1. M2,16 23 61>9.c1. ? 7er ice of pleadings) motions) notices) orders) 5udgments and other papers shall be made personall'= b' mail= licensed courier= electronic service= or facsi9ile trans9ission. $;a% SEC" #*"3. P1>62na0 61>9.c1. ? 7er ice of the papers ma' be made b' deli ering personall' a cop' to the part' or his or her counsel) or their authoriAed re5resentative%s& na9ed in the a55ro5riate 5leadin7 or 9otion= or b' lea ing it in his or her office with his or her clerk or with a person ha ing charge thereof. If no person is found in his or her office) or his or her office is not known) or he or she or she has no office) then b' lea ing the cop') between the hours of eight in the morning and six in the e ening) at the part'Gs or counselGs residence) if known) with a person of sufficient age and discretion then residing therein. $<a% SEC" #*")" S1>9.c1 7< ?a.0. ? 7er ice b' registered mail shall be made b' depositing the cop' in the post office) in a sealed en elope) plainl'
38

addressed to the part' or his or her counsel at his or her office) if known) otherwise at his or her residence) if known) with postage full' pre1paid) and with instructions to the postmaster to return the mail to the sender after ten $l4% da's if undeli ered. If no registr' ser ice is a ailable in the localit' of either the sender or the addressee) ser ice ma' be done b' ordinar' mail. $6% SEC" #*"4" E01c/>2n.c S1>9.c1 an, S1>9.c1 7< Fac6.?.01. = 7ub5ect to prior agreement between the parties made known to the court and placed on record) ser ice b' electronic means shall be made b' sending an e1mail to the part'9s or counsel9s e1mail address and ser ice b' facsimile shall be b' sending a facsimile cop' to the part'9s or counsel9s number. The sender shall take steps to ensure receipt of the matter ser ed b' calling and erif'ing with the recipient. In an' e ent) the sender assumes the technical risks attendant to non1receipt of the same b' the ad erse part'. If there is a discrepanc' between the electronic document and facsimile cop' sent and the hardcop' filed in court) the former shall pre ail. $n% SEC" #*".. Constructive 61>9.c1. ? If ser ice of pleadings) motions) notices) resolutions) orders and other papers cannot be made under the four preceding sections) the office and place of residence of the part' or his or her counsel being unknown) ser ice ma' be made b' deli ering the cop' to the clerk of court) with proof of failure of service under Section #*"1 a8ove. The ser ice is complete at the time of such deli er'. $>a% SEC" #*"#-" S1>9.c1 23 85,:?1n/6) 3.na0 2>,1>6 2> >16205/.2n6. ? +udgments) final orders or resolutions shall be ser ed either personall' or b' registered mail. (5on e parte 9otion 8: an: interested 5art: in the case= ho@ever= >ud79ent= final order or resolution 9a: 8e delivered 8: licensed courier= at the e<5ense of the 9ovant" "hen a part' summoned b' publication has failed to appear in the action) 5udgments) final orders or resolutions against him or her shall be ser ed upon him or her also b' publication at the expense of the pre ailing part'. $=a% SEC" #*"##. C2?;01/1n166 23 61>9.c1. ? !ersonal ser ice is complete upon actual deli er'. 7er ice b' ordinar' mail is complete upon the expiration of ten $14% da's after mailing) unless the court otherwise pro ides. 7er ice b' registered mail is complete upon actual receipt b' the addressee) or after fi e $;% da's from the date he or she or she recei ed the first notice of the postmaster) whiche er date is earlier. Service 8: licensed courier is co95lete u5on actual recei5t 8: the addressee= or after at least t@o

atte95ts to deliver 8: the courier service or u5on the e<5iration of ten %#-& da:s after the first atte95t to deliver= @hichever date is earlier" $14a% SEC" #*"#*. P>.2>./.16 .n ?2,16 23 61>9.c1 an, 3.0.n:. = "hene er practicable) the ser ice and filing of pleadings and other papers shall be done personall'. -xcept with respect to papers emanating from the court) a resort to other modes must be accompanied b' a written explanation wh' the ser ice or filing was not done personall'. Jiolation of this Rule ma' be a cause to consider the paper as not filed. $11% SEC" #*"#$. P>223 23 3.0.n:. ? The filing of a pleading or paper shall be pro ed b' its existence in the record of the case. %a& If it is not in the record) but is claimed to ha e been filed personall') the filing shall be pro ed b' the written or stamped acknowledgment of its filing b' the clerk of court on a cop' of the sameA If filed b' registered mail) b' the registr' receipt and b' the affida it of the person who did the mailing) containing a full statement of the date and place of depositing the mail in the post office in a sealed en elope addressed to the court) with postage full' prepaid) and with instructions to the postmaster to return the mail to the sender after ten $14% da's if not deli ered. If filin7 is 9ade 8: licensed courier service= 5roof shall 8e 9ade 8: an affidavit of service 8: the 5erson @ho 8rou7ht the 5leadin7 or 5a5er to the courier service to7ether @ith the courier official recei5t and docu9ent tracEin7 nu98er. If filin7 is 8: electronic 9ail= 8: an affidavit of the 5erson sendin7 to7ether @ith the 5rintout of the 5leadin7 as sent electronicall: and an ori7inal co5: @ritten or sta95ed acEno@led79ent of its filin7 8: the clerE of court" If an ori7inal co5: 8: electronic 9ail is filed 8: re7istered 9ail= su8Jsection %8& of this section a55lies. $12a% !roof of personal ser ice shall
%8&
$c%
$d%
SEC" #*"#0" P>223 23 61>9.c1. ?
40

consist of a written admission of the part' ser ed) or the official return of the ser er) or the affida it of the part' ser ing) containing a full statement of the date) place and manner of ser ice. If the ser ice is made b'@ %a& Ma.0 ? !roof thereof shall consist of an affida it of the person mailing statin7 the facts showing compliance with 7ection 6 of this Rule. R1:.6/1>1, ?a.0 ? !roof shall be made b' such affida it and the registr' receipt issued b' the mailing office. The registr' return card shall be filed immediatel' upon its receipt b' the sender or= in lieu thereof= the unclaimed letter together with the certified or sworn cop' of the notice gi en b' the postmaster to the addressee. L.c1n61, an, ,50< acc>1,./1, c25>.1> 61>9.c1 ? Proof shall 8e 9ade 8: an affidavit of service 8: the 5erson @ho 8rou7ht the 5leadin7 or 5a5er to the courier service to7ether @ith the courier official recei5t. E01c/>2n.c ?a.0 2> 3ac6.?.01 ? Proof shall 8e 9ade 8: an affidavit of service 8: the 5erson @ho sent the e9ail or facsi9ile to7ether @ith a 5rinted 5roof of recei5t. $13a% Rule #$ S(++ONS %R#0& SECTION #$"#" C01>E /2 .6651 65??2n6. ? &nless the complaint is on its face dismissible) the court shall) within ten $14% da's from receipt of the case and proof of pa'ment of the reBuisite legal fees) direct the clerk of court to issue the corresponding summons to the respondent. $1a% SEC" #$"*" C2n/1n/6. = The summons shall be directed to the res5ondent) signed b' the clerk of court under seal) and contain@ $a% $b% the name of the court and the names of the parties to the actionA a direction that the res5ondent answer within the time fixed b' these RulesA
%8&
$c%
$d%

$c%
a notice that unless the res5ondent so answers) 5etitioner will take 5udgment b' default and ma' be granted the relief applied for.
, cop' of the complaint and order for appointment of guardian ad litem) if an') shall be attached to the original and each cop' of the summons. $2a% SEC" #$"$. B< @42? 61>91,. ? The summons ma' be ser ed b' the sheriff) his or her deput') or other proper court officer. 2or 5ustifiable reasons) the court 9a: authoriAe the Chair5erson or Ia7a@ad of the Caran7a: @here the res5ondent resides or an: suita8le 5erson to serve the su99ons. Parties or their re5resentatives to the case cannot 8e authoriAed to serve the su99ons. $3a% SEC" #$"0" Fa.05>1 /2 61>91. = If the summons cannot be ser ed on an' or all of the respondents) within fi e $;% da's from the last attempt to ser e) the ser er shall make a report to the clerk of court stating the reasons for the failure of ser ice) and furnish a cop' to petitioner9s counsel personall') or b' registered mail) or) at petitioner9s expense) b' licensed and accredited courier. $n% SEC" #$"1" Va0.,./< 23 S5??2n6 an, .665anc1 23 a0.a6 65??2n6. = 7ummons shall remain alid until dul' ser ed) unless recalled b' the court. If the su99ons has 8een lost or destro:ed= the clerE of court= on 9otion of the 5etitioner= 9a: issue an alias su99ons. $n% SEC" #$"3. S1>9.c1 .n ;1>62n 2n respondent. = "hene er practicable) the summons shall be ser ed b' handing a cop' thereof to the res5ondent in person) or) if he or she or she refuses to recei e and sign for it) b' tendering it to him. $<a% SEC" #$")" S576/./5/1, 61>9.c1. = If) for 5ustifiable causes) the res5ondent cannot be ser ed within a reasonable time as pro ided in the preceding section) ser ice ma' be effected: $a% C: leavin7 co5ies of the su99ons at the res5ondentKs residence @ith so9e 5erson at least ei7hteen %#4& :ears of a7e and suita8le discretion then residin7 therein" E<ce5t @hen the service is effected 8: the Chair9an or Ia7a@ad of the Caran7a:= the 5rocess
42

server or officer servin7 the su99ons shall 8e acco95anied 8: a 8aran7a: official @ho shall attest or certif: to the service of su99ons= @hich certification shall for9 5art of the return of service. $b% *' lea ing the copies at res5ondentKs office or regular place of business with some competent person in charge thereof. co95etent 5erson includes one @ho custo9aril: receives corres5ondence for the res5ondent. $6a%
SEC" #$"4" S1>9.c1 5;2n c25n610 23 >1c2>,. E "here the summons could not be ser ed personall' or b' substituted ser ice despite diligent efforts within a reasonable period of time) or the ad erse part' is a resident of the !hilippines temporaril' absent therefrom or is a non1resident thereof) ser ice of summons ma' be made upon the counsel of record of the defendant regardless of an' limitations in his or her appearance. 7-C. 13.=. S1>9.c1 7< ;570.ca/.2n. E "hen ser ice b' publication is allowed under these Rules) the publication of the initiator' pleading without the annexes and exhibits attached to it once in a newspaper of general circulation in the countr' where the respondent ma' be found shall be sufficient. If an interested part' desires a cop' of an of these annexes or exhibits) the' ma' reBuest for a cop' from the proper court. $n% SEC" #$"#-" S1>9.c1 5;2n 1n/./< @./425/ 85>.,.ca0 ;1>62na0./<. = "hen persons associated in an entit' without 5uridical personalit' are sued under the name b' which the' are generall' or commonl' known) ser ice ma' be effected upon all the res5ondents b' ser ing upon an' one of them) or upon the person in charge of the office or place of business maintained in such name. *ut such ser ice shall not bind indi iduall' an' person whose connection with the entit' has) upon due notice) been se ered before the action was brought. $>a% SEC" #$"##" S1>9.c1 5;2n ;>.62n1>6. ? "hen the res5ondent is a prisoner confined in a 5ail or institution) ser ice shall be effected upon him or her b' the officer ha ing the management of such 5ail or institution who is deemed deputi0ed as a special sheriff for said purpose. The >ail @arden shall re5ort to the court the fact of actual deliver: of su99ons to the res5ondent" $=a%

SEC" #$"#*" S1>9.c1 5;2n ?.n2>6 an, .nc2?;1/1n/6. = "hen the res5ondent is a minor) insane or otherwise an incompetent) ser ice shall be made upon him or her personall' and on his or her legal guardian if he or she or she has one) or if none) upon his or her guardian ad litem whose appointment shall be applied for b' the 5etitioner. In the case of a minor) ser ice ma' also be made on his or her father or mother. $14a% SEC" #$"#$. S1>9.c1 5;2n ,2?16/.c ;>.9a/1 85>.,.ca0 1n/./<. ? "hen the res5ondent is a corporation) partnership or association organi0ed under the laws of the !hilippines with a 5uridical personalit') ser ice ma' be made on the president) managing partner) general manager) corporate secretar') treasurer) in1house counsel) directors= or trustees of the cor5oration @herever the: 9a: 8e found. If service cannot 8e 9ade u5on an: one of the fore7oin7= service shall 8e 9ade u5on a 5erson @ho custo9aril: receives corres5ondence for the res5ondent at its 5rinci5al office. $11a% SEC" #$"#0. S1>9.c1 5;2n 32>1.:n ;>.9a/1 85>.,.ca0 1n/./<. = "hen the res5ondent is a foreign pri ate 5uridical entit' doin7 8usiness in the Phili55ines as defined 8: la@= ser ice ma' be made on its resident agent designated in accordance with law for that purpose) or) if there be no such agent) on the go ernment official designated b' law to that effect) or on an' of its officers) agents) directors= or trustees within the !hilippines. If the forei7n 5rivate >uridical entit: is not re7istered in the Phili55ines or has no resident a7ent 8ut is doin7 8usiness in it as defined 8: la@= service 9a:= @ith leave of court= 8e effected out of the Phili55ines throu7h an: of the follo@in7 9eans: $a% C: 5ersonal service coursed throu7h the a55ro5riate court in the forei7n countr: @ith the assistance of the De5art9ent of Forei7n ffairsA $b% C: 5u8lication once in a ne@s5a5er of 7eneral circulation in the countr: @here the res5ondent 9a: 8e found and 8: servin7 a co5: of the su99ons and the court order 8: re7istered 9ail at the last Eno@n address of the res5ondentA C: facsi9ile or an: reco7niAed electronic 9eans that could 7enerate 5roof of serviceA or
$c%
44

$d%
C: such other 9eans as the court 9a: in its discretion direct. $12a%
SEC" #$"#1. S1>9.c1 5;2n ;570.c c2>;2>a/.2n6. ? "hen the res5ondent is the Republic of the !hilippines) ser ice ma' be effected on the 7olicitor #eneralA in case of a pro ince) cit' or municipalit') or like public corporations) ser ice ma' be effected on its executi e head) or on such other officer or officers as the law or the court ma' direct. $13a% SEC" #$"#3. S1>9.c1 5;2n respondent @4261 .,1n/./< 2> @41>1a725/6 a>1 5nEn2@n. = In an' action where the res5ondent is designated as an unknown owner) or the like) or whene er his or her whereabouts are unknown and cannot be ascertained b' diligent inBuir') ser ice ma') b' lea e of court) be effected upon him or her b' publication in a newspaper of general circulation dul: accredited 8: the court and chosen 8: the 9ovant in such places and for such time as the court ma' order. In such a case= onl: the 8asic co95laint or 5etition= @ithout the anne<es= need 8e 5u8lished. $1:a% SEC" #$"#). EC/>a/1>>./2>.a0 61>9.c1. = "hen the res5ondent does not reside and is not found in the !hilippines) and the action affects the personal status of the 5etitioner or relates to) or the sub5ect of which is) propert' within the !hilippines) in which the res5ondent has or claims a lien or interest) actual or contingent) or in which the relief demanded consists) wholl' or in part) in excluding the res5ondent from an' interest therein) or the propert' of the res5ondent has been attached within the !hilippines) ser ice ma') b' lea e of court) be effected out of the !hilippines b' personal ser ice as under 7ection 13.<A or b' publication in a newspaper of general circulation in such places in the Phili55ines and for such time as the court ma' order) in which case a cop' of the summons and order of the court shall be sent b' registered mail to the last known address of the res5ondent) or in an' other manner the court ma' deem sufficient such as those in Section #* of this Rule. ,n' order granting such lea e shall specif' a reasonable time) which shall not be less than sixt' $<4% da's nor 9ore than ninet: %.-& da:s after notice) within which the res5ondent must answer. $1;a% SEC" #$"#4" R16.,1n/6 /1?;2>a>.0< 25/ 23 /41 P4.0.;;.n16. = "hen an' action is commenced against a res5ondent who ordinaril' resides within the !hilippines) but who is temporaril' out of it) ser ice ma') b' lea e of court) be also effected out of the !hilippines) as under the preceding section. $1<a%

SEC" #$"#." L1a91 23 C25>/. = ,n' application to the court under this Rule for lea e to effect ser ice in an' manner for which lea e of court is necessar' shall be made b' motion in writing) supported b' affida it of the 5etitioner or some person on his or her behalf) setting forth the grounds for the application. $16a% SEC" #$"*-" P>223 23 61>9.c1. = The proof of ser ice of a summons shall be made in writing b' the ser er and shall set forth the manner) place) and date of ser iceA shall specif' an' papers which ha e been ser ed with the process and the name of the person who recei ed the sameA and shall be sworn to when made b' a person other than a sheriff or his or her deput'. $1>% SEC" #$"*#" P>223 23 61>9.c1 7< ;570.ca/.2n. ? If the ser ice has been made b' publication) ser ice ma' be pro ed b' the affida it of the 5u8lisher) editor) business or ad ertising manager) to which affida it a cop' of the publication shall be attached) and b' an affida it showing the deposit of a cop' of the summons and order for publication in the post office) postage prepaid) directed to the res5ondent b' registered mail to his or her last known address" $1=a% SEC" #$"*-" V205n/a>< a;;1a>anc1. ? The res5ondentKs oluntar' appearance in the action shall be eBui alent to ser ice of summons. The inclusion in an answer of grounds such as lack of 5urisdiction o er the person of the res5ondent shall not be deemed a oluntar' appearance. $24a% Rule #0 PRELI+IN R, CONFERENCE %N& SECTION #0"#" P20.c< 23 /4.6 R501. ? It is the polic' of this Rule) in relation to rule on 2ace1to12ace Trial) to@ $a% ReBuire the parties to make a full disclosure of the known facts of the case earl' in the proceedings and submit to the court the affida its and documents that e idence their claims) with the end in iew of enabling the court to accuratel' identif' the issues between the parties and ease the process of settling their disputes amicabl' or) if this not be possible) to considerabl'
46

narrow down the scope of trialA $b% Treat litigations) no longer as a match in the resources and skills of one part' in building up his or her case and attacking and tearing that of the other part' apart) but as a collecti e effort to search for truth and to render 5ustice to allA -mpower the 5udge to take a direct role in examining the witnesses during trial and elicit from them the answers he or she or she needs for rendering a 5ust 5udgmentA Fake maximum use of the court9s time and shorten trial without sacrificing the Bualit' of hearing and ad5udicationA ,ssist the court with work that the parties and their counsel can properl' perform and thus enable the 5udge to attend to other important mattersA and Raise the le el of professionalism of the court and the counsel appearing before the court in terms of promptness in meeting deadlines and coming to court on time.
$c%
$d%
$e%
$f%
Sec" #0"*" Man,a/2>< ,.6c0265>1 23 19.,1nc1. EThe parties shall submit to the court and disclose to each other earl' in the proceedings all the e idence in the case that are known and a ailable to them. $a% 2or this purpose) the court shall) ?2/5 ;>2;>.2 or on motion after the issues ha e been 5oined b' the filing of the last pleading in the case) gi e notice to the parties to simultaneousl' submit to the court within thirt' da's from notice and ser e upon each other) the following@ 1. The 5udicial affida its of their witnesses in support of their allegations) which shall take the place of such witnesses9 direct testimoniesA and The parties9 documentar' or ob5ect e idence) if an') which shall be attached to the 5udicial affida its) identified and marked as -xhibits C) C1 1) C12) and so on in the case of the complainant) !) !11) !12) and so on in the case of the plaintiff or
2.

petitioner) -xhibits R11) R12) R13) and so on in the case of the respondent) or -xhibits 3) 311) 312) and so on in the case of the defendant) and dul' authenticated b' the proper witness or witnesses. $b% , part' ma') if he or she or she so desires) submit repl' 5udicial affida its respecting matters not touched b' his or her initial ones within fifteen da's of his or her receipt of the ad erse part'9s 5udicial affida its. No further 5udicial affida it ma' be submitted without prior lea e of court which is to be granted onl' on 5ustifiable grounds. 7hould a part' or a witness desire to keep the original document or ob5ect e idence in his or her possession) he or she or she ma') after the same has been identified) marked as exhibit) and authenticated) warrant in his or her 5udicial affida it that the cop' or reproduction attached to such affida it is a faithful cop' or reproduction of the original. In addition) the part' or witness shall bring to court the original document or ob5ect e idence for a sideline comparison b' the ad erse part' with the attached cop') reproduction) or pictures shortl' before the preliminar' conference begins. &nless the comparison is done and the result manifested in open court or is deemed wai ed) such secondar' e idence shall not be admitted. This is without pre5udice to the introduction of secondar' e idence in place of the original when allowed b' existing rules. If the go ernment emplo'ee or official or the reBuested witness) who is neither the witness of the ad erse part' nor a hostile witness) un5ustifiabl' declines to execute a 5udicial affida it or refuses without 5ust cause to make the rele ant books) documents) or other things under his or her control a ailable for cop'ing) authentication) and e entual production in court) the reBuesting part' ma' a ail himself of the issuance of a subpoena a, /16/.3.can,5? or ,5c16 /1c5? under Rule 21 of the Rules of Court. The part' reBuesting the issuance of a subpoena shall bear the cost of its personal ser ice upon the witness) the responsibilit' for ensuring that such
$c%
$d%
48

ser ice is made) and the witness9 expense for appearing before the law'er who will prepare his or her 5udicial affida it or super ise its preparation. $e% , part' who fails to submit the reBuired 5udicial affida its and exhibits when due shall be deemed to ha e wai ed their submission. 7till) the court ma') for good cause shown and not later than fifteen da's from receipt of the ad erse part'9s 5udicial affida its and exhibits) allow but once the late submission of the reBuirements. It ma' also) if no good cause is shown) still allow such late submission pro ided the defaulting part' or his or her counsel) whoe er ma' appear at fault) pa's a fine of not less than ! 1)444.44 nor more than ! ;)444.44) at the discretion of the court. In case a part' submits 5udicial affida its that do not conform to the content reBuirements of paragraph $a% and the attestation reBuirement of paragraph $b% of this section) the court shall issue an order excluding the same from the record. It ma') howe er) allow but once and for good cause shown the subseBuent submission of the compliant replacement affida its within ten da's of receipt of the exclusion order. The court ma') if no good cause is shown) still allow such subseBuent submission pro ided the erring part' or his or her counsel) whoe er ma' appear responsible for their preparation and submission) pa's a fine of not less than ! 1)444.44 nor more than ! ;)444.44) at the discretion of the court. The direct testimon' of a witness shall be deemed offered and admitted upon submission in court of his or her 5udicial affida it) sub5ect to motions for exclusion of inadmissible testimonies at the appropriate time and to the examination of such witness. The documents and ob5ect e idence that the parties pre iousl' marked as their exhibits shall also be deemed offered and admitted upon their submission in court as part of the testimon' of the witness who testifies on their existence) execution) functions) or effects for the purposes that such testimon' indicate) whether expressl' or impliedl') sub5ect to
$f%
$g%

motions for exclusion at the appropriate time and to the examination of the witness. SEC" #0"$" U61 23 c1>/a.n ,.6c291>< ;>2c1,5>16. ? , part' who desires to a ail himself or herself of interrogatories to parties) reBuests for admissions) or depositions shall inform the court of his or her intention within fifteen $1;% da's from the notice mentioned in 7ec.2 $a% of this Rule) otherwise it shall be deemed to ha e wai ed his or her right to a ail himself of these modes of disco er'. 7uch part' shall take steps to complete the process and submit the material portions of the record of the proceedings) pre iousl' undiclosed documents or facts) and the necessar' 5udicial affida its pertaining to the fruits of the disco er') whether fa orable to him or her or not) also within sixt' $<4% da's of receipt of such notice or within such extension of time as the court ma' grant. SEC" #0"0" P>1;a>a/.2n 23 /41 T1>?6 23 R131>1nc1. ? The Court shall) with the assistance of the counsels in ol ed) prepare the Terms of Reference of the case that will control the scope of trial. $a% ,fter the parties shall ha e submitted their respecti e 5udicial affida its) documentar' and ob5ect exhibits) and the results of the disco er' procedures the' ha e undertaken) the court shall issue an order reBuiring the petitioner9s counsel) as officer of the court) to submit to it and ser e on the respondent9s counsel within fifteen $1;% da's from notice a brief) concise) and fair draft of the Terms of Reference of the case) containing@ 1. 2. , summar' of the admitted factsA , statement that the documents attached to 5udicial affida its or ob5ect e idence referred to are found to be faithful reproduction or representation of the originalA , summar' of the totalit' of the facts that the petitioner9s e idence appears to ha e establishedA , summar' of the totalit' of the facts that the respondent9s e idence appears to ha e establishedA *ased on the abo e two summaries) a statement of the factual issue or issues that the conflicting
3. :. ;.
50

e idence of the parties presentA <. , list of the witnesses from either sides who) based on their 5udicial affida its and exhibits) are competent to testif' on each of the factual issue or related factual issues in the caseA and , statement of the actual or potential legal issues that the case presents once the factual issues ha e been resol ed one wa' or the other.
6.
$b%
,n issue is factual when the contending parties cannot agree that a thing exists or has actuall' happened. ,n issue is legal when the contending parties assume a thing exists or has actuall' happened but disagree on its legal significance or effect on their rights or obligations. 8nl' rele ant and significant issues need be tried. ,n issue is rele ant and significant when its resolution will help decide the case on its merits. 8therwise) it is irrele ant and need not be tried. - er' factual issue should be adeBuatel' stated. The statement of an issue is adeBuate when it contains words describing the ultimate facts that the part' bearing the burden of pro ing the affirmati e of such issue must establish b' his or her e idence. ."hether or not the respondent is liable to the petitioner/ is a poor statement of the issue. It should rather read) .whether or not the respondent negligentl' bumped petitioner9s car with his or her 5eep./ ,ll facts alleged b' the parties in their complaint) answer) and 5udicial affida its) when not put in issue in the Terms of Reference shall be deemed admitted or otherwise regarded as irrele ant to the resolution of the dispute. The respondent9s counsel shall) as officer of the court) file within fifteen $1;% da's of his or her receipt of his or her cop' of the petitioner9s draft Terms of Reference) his or her comment on the same) suggesting corrections that need to be made on the draft. If the respondent9s counsel fails to submit his or her comment on the cop' of the draft he or she or she recei ed) he or she or she shall be
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deemed to ha e wai ed such comment. $g% "ithin fifteen $1;% da's of its receipt of the comment) or after the lapse of the fifteen $1;% da' period for the respondent9s counsel to file the comment) the court shall prepare a final ersion of the Terms of Reference) using the draft that petitioner9s counsel prepared and taking into account the comment of respondent9s counsel. If the petitioner9s counsel fails to submit the reBuired draft of the Terms of Reference) the court ma' instead direct the respondent9s counsel to do the omitted work) which when submitted shall be the court9s basis for preparing the final ersion of such Terms of Reference.
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SEC" #0"1" R131>>a0 /2 /41 Pa.>.n: B>anc4 32> J5,.c.a0 D.6;5/1 R16205/.2n. E The *ranch Clerk of Court shall) upon receipt of the final ersion of the Terms of Reference prepared b' the court and with prior coordination with the court9s pairing branch) gi e notice to both parties and counsel to appear before such pairing branch on a date and time pre iousl' agreed on b' phone calls or electronic message ser ices for a 5udicial dispute resolution conference) wherein each 5udge) acting as a mediator) shall exert e er' suitable effort to amicabl' settle the case) using his or her knowledge of the parties9 relati e positions based on the Terms of Reference attached to the record forwarded to it. The pairing branch9s success in this regard shall be made part of his or her record of accomplishment for the particular 'ear. $n% SEC" #0"3" N2/.c1 23 P>10.?.na>< C2n31>1nc1. ? The branch clerk of court shall) upon failure of the 5udicial dispute reolution to settle the case and the e entual return of the record from the pairing branch) ser e copies of the same on the parties through their counsel) reBuiring both parties and counsel to appear before the court for a preliminar' conference on a date and time the' shall ha e pre iousl' agreed on b' phone calls or electronic message ser ices. It shall be the dut' of counsel to promptl' inform their respecti e clients regarding the setting and the need for them to be present as well. SEC" #0")" A;;1a>anc1 23 ;a>/.16. ? It shall be the dut' of the parties and their counsel to appear at the preliminar' conference. , part'9s non1appearance ma' be excused onl' for alid cause shown or if he or she or she is represented b' another who is full' authori0ed to act on his behalf
52

respecting all the matters sub5ect of the conference. SEC" #0"4" D1c.6.2n 7< ,13a50/ a:a.n6/ a761n/11. ? In the e ent a part' or his counsel fails to appear at the preliminar' conference) the court shall) within fifteen $1;% da's from the date of the scheduled preliminar' conference) render a decision) ad5udicating the other part'9s claims based solel' on the e idence the latter shall ha e alread' submitted. SEC" #0"." D1c.6.2n 7< ,13a50/) @41n 61/ a6.,1. ? The court ma') howe er) set aside a 5udgment rendered under 7ection abo e if) within fifteen $1;% da's from notice of the decision) the part' concerned files a motion with the court with prior notice to the ad erse part' that his failure to compl' with what was reBuired of him or her has been due to extrinsic fraud or una oidable accident. 8nl' when the ground is clearl' meritorious will the court grant the motion. It ma' at its discretion) howe er) where the ground is not clearl' meritorious) still grant the motion but upon pa'ment b' the defaulting part' or his counsel) whoe er ma' appear at fault) of a fine of not less than ! 1)444.44 nor more than ! ;)444.44. SEC" #0"#-" Ma//1>6 /2 71 /aE1n 5; a/ /41 ;>10.?.na>< c2n31>1nc1. ? The court shall take the following actions during the preliminar' conference in the order listed below@ $a% The court shall deter9ine= in consultation @ith the 5arties and their counsel= if there is a need to 9aEe chan7es in the contents or @ordin7s of the Ter9s of Reference that it earlier 5re5ared" In the affir9ative= the court shall enter those chan7es on the face of that docu9ent" If a part' insists that the court tr' an excluded issue) the court shall ha e the same included for trial pro ided such part' makes a deposit for court costs amounting to not less than ! 14)444.44 nor more than ! ;4)444.44 at the discretion of the court. 7hould the trial court or) on appeal) a higher court find the additional issue a sham issue) it shall order the deposit forfeited to the court) otherwise it shall ha e the same refunded to the part' concerned. Taking into account the issues in the case) the court shall
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make a final attempt to persuade the parties to settle their disputes amicabl'. It might ask the parties h'potheticall' to consider what the possible effects on them would be if the court were to decide the issues one wa' or the other) now that trial is about to begin. The court ma' ad5ourn the preliminar' conference but once if there is a chance of settlement and the parties need time to consider the matterA otherwise) the court shall proceed with the conference. $d% The court shall) in consultation with the parties) $1% fix the order in which the issues are to be tried) $2% identif' the witnesses who need to be present and testif' on each of such issues) $3% set the specific dates for reception of e idence on each issue or related issues) $:% determine whether the circumstances warrant a regular trial or a summar' trial as pro ided in the rule on 2ace1to12ace Trial below) $;% determine who among the witnesses are exempt from face1to1face examination as pro ided in these rules determine the need to refer certain issues to trial b' commissioners under these rules. The court shall summari0e these arrangements towards the end of the preliminar' conference and issue an 8rder of Trial) cop' furnished the parties) embod'ing such arrangements. The court ma') as a result of the preliminar' conference or in the course of it when the circumstances warrant) render 5udgment or cause the dismissal of the action should a alid ground for the same exists. If e idence is reBuired for ad5udicating a ground for dismissal) the court shall set the case for reception of such e idence and dismiss the action if warranted. Rule #1 S(CPOEN %R*#& SECTION #1"#" S57;21na an, 657;21na ,5c16 /1c5?. = 7ubpoena is a process directed to a person reBuiring him or her to attend and to testif' at the hearing or the trial of an action) or at an' in estigation conducted b'
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competent authorit') or for the taking of his deposition. It ma' also reBuire him or her to bring with him or her an' books) documents) or other things under his control) in which case it is called a subpoena duces tecum. $1% SEC" #1"*. B< @42? .6651,. ? The subpoena ma' be issued b': $a% $b% $c% The court before whom the witness is reBuired to attendA The court @here the action is 5endin7= in cases of de5ositionA The officer or bod' authori0ed b' law to do so in connection with in estigations conducted b' said officer or bod'A or ,n' +ustice of the 7upreme Court or of the Court of ,ppeals in an' case or in estigation pending within the !hilippines.
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"hen application for a subpoena to a prisoner is made) the court or officer shall examine and stud' carefull' such application to determine whether the same is made for a alid purpose. No prisoner sentenced to death) >1c056.2n ;1>;1/5a or life imprisonment and who is confined in an' penal institution shall be brought outside the penal institution for appearance or attendance in an' court unless authori0ed b' the 7upreme Court. $2a% SEC" #1"$" F2>? an, c2n/1n/6. = , subpoena shall state the name of the court and the title of the action or in estigation) shall be directed to the person whose attendance is reBuired) and in the case of a subpoena ,5c16 /1c5?) it shall also contain a reasonable description of the books) documents or things demanded which must appear to the court prima facie rele ant. $3% SEC" #1"0. -5a64.n: a 657;21na. ? The court @here the case is 5endin7 ma' Buash a subpoena ,5c16 /1c5? upon motion promptl' made and) in an' e ent) at or before the time specified therein if it is unreasonable and oppressi e) or the rele anc' of the books) documents or things does not appear) or if the person in whose behalf the subpoena is issued fails to ad ance the reasonable cost of the production thereof. The court ma' Buash a subpoena a, /16/.3.can,5? on the ground that the witness is not bound thereb'. In either case) the subpoena ma' be

Buashed on the ground that the witness fees and kilometrage allowed b' these Rules were not tendered when the subpoena was ser ed. $:a% SEC" #1"1" S57;21na 32> ,1;26./.2n6. ? !roof of ser ice of a notice to take a deposition) as pro ided in 7ections 1; and 2; of Rule 23) shall constitute sufficient authori0ation for the issuance of subpoenas for the persons named in said notice b' the court @here the case is 5endin7. The clerk shall not) howe er) issue a subpoena duces tecum to an' such person without an order of the court. $;a% SEC" #1"3. S1>9.c1. ? 7er ice of a subpoena shall be made in the same manner as personal or substituted ser ice of summons) 8: re7istered 9ail= or 8: licensed and accredited courier service. The original shall be exhibited and a cop' thereof deli ered to the person on whom it is ser ed) tendering to him or her the fees for one da'Gs attendance and the kilometrage allowed b' these Rules) except that) when a subpoena is issued b' or on behalf of the Republic of the !hilippines or an officer or agenc' thereof) the tender need not be made. The ser ice must be made so as to allow the witness a reasonable time for preparation and tra el to the place of attendance. If the subpoena is duces tecum) the reasonable cost of producing the books) documents or things demanded shall also be tendered. $<a% 7-C. 1;.6. P1>62na0 a;;1a>anc1 .n c25>/. = The court ma' at its discretion call a person who happens to be present at the trial) although he or she or she is not in the list of witnesses scheduled to gi e testimon') if it appears that his testimon' is rele ant to the issue at hand. &nder the circumstance) it is as if he or she or she had been subpoenaed b' the court. $6a% SEC" #1"4" C2?;100.n: a//1n,anc1. = In case of failure of a witness to attend) the court or 5udge issuing the subpoena) upon proof of the ser ice thereof and of the failure of the witness) ma' issue a warrant to the sheriff of the pro ince) or his deput') to arrest the witness and bring him or her before the court or officer where his attendance is reBuired) and the cost of such warrant and sei0ure of such witness shall be paid b' the witness if the court issuing it shall determine that his failure to answer the subpoena was wilful and without 5ust excuse. $>% SEC" #1"." C2n/1?;/. = 2ailure b' an' person without adeBuate cause to obe' a subpoena ser ed upon him or her shall be deemed a
56

contempt of the court from which the subpoena is issued. If the subpoena was not issued b' a court) the disobedience thereto shall be punished in accordance with the applicable law or Rule. $=% 7-C. 1;.14. ECc1;/.2n6. ? The pro isions of 7ections > and = of this Rule shall not appl' to a witness who for some 5ustifiable and compelling reason cannot come to court. &nder such circumstance) the part' seeking the appearance of such witness can with lea e of court and at his expense) resort to a ideo conference s'stem or software which ensures a contemporaneous ideo transmission of the testimon' of the witness who is in a different location as if the witness has personall' appeared and testified in court. The testimon' of said witness shall be sub5ect to the same rules of e idence under Rule 132 of the Rules of Court. $14a% Rule #3 F CEJTOJF CE TRI L %N& SECTION #3"#" Fac1*/2*3ac1 />.a0) @4a/ ./ >1A5.>16. ? In a faceJtoJ face trial: %a& The court shall e<a9ine and deter9ine the truthfulness of the >udicial affidavits that constitute direct testi9onies of the @itnesses in the case; The @itnesses fro9 all contendin7 sides shall a55ear to7ether 8efore the court and si9ultaneousl: s@ear to the truth of their res5ective testi9onies; The @itnesses shall sit faceJtoJface around the ta8le in a nonJadversarial environ9ent and ans@er 6uestions fro9 the court and the 5arties counsel res5ectin7 the factual issue under consideration; The court shall initiate the in6uir: into each factual issue strictl: in the se6uence 5rovided in the Order of Trial althou7h such in6uir: 9a: cover t@o or 9ore closel: related issues; @itness or @itnesses 9a: testif: on one or 9ore issues in accordance @ith the Order of Trial; Onl: one 5erson at a ti9e shall s5eaE durin7 the trial
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and al@a:s @ith 5rior 5er9ission fro9 the court @hich shall taEe ste5s to ensure that the 5erson @ho s5eaEs is identified for the record; %7& %h& The @itnesses shall address their ans@ers to the e<a9inin7 >ud7e or counsel; The @itnesses shall not 5ose 6uestions to the other @itnesses relatin7 to their testi9onies 8ut shall 8e 7iven e6ual o55ortunit: to res5ond to the sa9e; and The 5arties shall have their turns to cross e<a9ine= redirect= and reJcross the @itnesses"
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7-C. 1<.2. (41n 3ac1*/2*3ac1 1Ca?.na/.2n 23 @./n16616 64a00 n2/ a;;0<. ? The face1to1face examination of witnesses shall not appl' when one of the witnesses to the factual issue under consideration is either $a% a child co ered b' the Rule on -xamination of a Child "itness or $b% a person who is mentall') ps'chologicall') or ph'sicall' challenged) or has a similar condition that puts him or her at a disad antage in a face1to1face confrontation. In such a case) the witnesses on that issue shall be examined separatel'. The face1to1face examination shall) howe er) proceed with respect to the other issues that do not in ol e the child or disad antaged witness. In s5ecial civil actions and other 5roceedin7s re6uirin7 the e<a9ination of the @itnesses 8: the court and the counsel for the 5arties= the faceJtoJface hearin7 of @itnesses shall not 8e re6uired. SEC" #3"$" Lan:5a:1 561, ,5>.n: />.a0. ? The court shall reBuire the witnesses in the face1to1face trial to testif' either in -nglish or 2ilipino) whiche er of these is the language that would enable such witnesses) the court) and the counsel to ha e fair exchanges. If an' of the witnesses cannot take part in such exchanges because of language difficult') the examination of this witness shall be conducted in the language or dialect known to him. In this case) the 5udge or the examining counsel shall a ail himself of an interpreter of his choice who shall assist him or her in asking his Buestions and appreciating the answers of the witness. In an' e ent) it is the recording of the actual answers gi en b' the witness) not the -nglish or 2ilipino translation) which will constitute the official and binding testimon' of the witness. "hen Buoting in his pleading) motion) memorandum) petition) or other paper) the text of Buestions and answers of a witness gi en in a local
58

dialect) counsel shall suppl' the translation into -nglish or 2ilipino in appropriate parenthesis. Sec" #3"0" ECc056.2n 23 .na,?.66.701 /16/.?2n.16 an, 1C4.7./6 3>2? /41 85,.c.a0 a33.,a9./6. E , part' ma' mo e on proper ground to disBualif' a witness before he or she or she is examined and strike out his 5udicial affida it or exclude an' of the answers found in it on ground of inadmissibilit'. The court shall promptl' rule on the motion and if granted cause the marking of an' excluded answer b' placing it in brackets under the initials of an authori0ed court personnel. 7uch part' ma' also mo e to exclude an' of the exhibits attached to such affida it on ground of inadmisibilit' and the court shall promptl' rule on the same. 7hould the exhibits be oluminous) the ob5ecting part' shall make his motion in writing before the trial to facilitate a ruling. The rulings of the court respecting the exclusion of testimonies and exhibits shall be without pre5udice to a tender of excluded e idence under the appropriate rule. SEC" #3"1" !wo-p"ase e amination of witnesses" B The e<a9ination of the @itnesses fro9 the contendin7 sides in the faceJtoJ face trial shall consist of t@o 5hases: the first 5hase shall 8e 8: the court and the second 8: the 5arties res5ective counsel" SEC" #3"3" ECa?.na/.2n 7< /41 c25>/. ? The following shall go ern the court9s examination of the witnesses from the contending sides@ %a& The court shall e<a9ine the @itnesses re7ardin7 the issue or related issues at hand in no 5articular se6uence and 9a: also direct its 6uestion to one or 9ore of the @itnesses fro9 the contendin7 sides" Hhen the 6uestion fro9 the court is directed to a s5ecific @itness= the other @itnesses fro9 the sa9e side 9a: seeE 5er9ission to su55le9ent= clarif:= or 6ualif: the ans@er that the first @itness has 7iven" In turn= the court shall 7ive the @itnesses fro9 the other side e6ual ti9e and o55ortunit: to re5l:" The court 9a: allo@ the @itnesses fro9 the contendin7 sides to continue their diver7ent e<chan7es 5rovided ne@ facts or ne@ ar7u9ents are introduced and the testi9onies have not 8eco9e
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re5etitive" %e& The court 9a: also sto5 the e<chan7es if the ans@ers fro9 the contendin7 sides have sufficientl: clarified for it their res5ective 5ositions and the 5oints of their disa7ree9ent" The court 9a:= 8efore 9ovin7 the e<a9ination of the @itnesses fro9 first 5hase to second 5hase= su99ariAe its o@n understandin7 of the res5ective 5ositions of the 5arties and the testi9onies of their @itnesses on the issue or related issues at hand"
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SEC" #3")" # ceptions to t"e court$s e amination of t"e witnesses" B The counsel for an: 5art: 9a:= in the course of the courts e<a9ination of the @itnesses= taEe e<ce5tions to o8>ectiona8le 6uestions that it 5oses to one or so9e of the9" The e<ce5tions shall si95l: state the le7al 7rounds for o8>ection @ith no further e<5lanation" The court shall act on the e<ce5tions as follo@s: %a& In case of e<ce5tions as to for9= such as @hen the 6uestions fro9 the court are 5erceived to 8e ar7u9entative= leadin7= 9ulti5le= re5etitive= va7ue= i95ro5er characteriAation= confusin7= or unfair= the court 9a:either si95l: note the e<ce5tion or re5hrase its 6uestion; In case of e<ce5tions as to su8stance= such as @hen the 6uestions fro9 the court are 5erceived to elicit ans@ers that are inad9issi8le on5u8lic 5olic: 7rounds such as those relatin7 to the ri7hts a7ainst selfJincri9ination= 5rivile7ed co99unication= dis6ualification= and to the Statute of Frauds= ra5e shield la@= 8anE secrec: la@s= +L nonJdisclosure rule= and other la@s or rules= the court shall 5ro95tl: rule on such e<ce5tions; In case of e<ce5tions as to ad9issi8ilit: under the rules 7overnin7 8est evidence= 5arol evidence= conclusion or o5inion evidence= hearsa: evidence= irrelevant evidence= or character evidence= the court 9a: si95l: taEe note of the e<ce5tions and consider the sa9e @hen decidin7 the case"
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7-C. 1<.>. ECa?.na/.2n6 7< c25n610. ? The following shall go ern the examination of the witnesses b' counsel@ %a& fter the first 5hase of e<a9ination= the court shall allo@ counsel fro9 the contendin7 sides to e<a9ine the @itnesses on the sa9e issue or related issues covered 8: the first 5hase" This second 5hase e<a9ination shall 8e @ithout 5re>udice to the courts further e<a9ination of the @itnesses @ho9 counsel e<a9ines" (nless the court for 7ood reason sets a different order of e<a9ination= the counsels e<a9ination of the @itnesses shall 8e in the follo@in7 order: #" E<a9ination shall 8e7in @ith the 5etitioners @itness or @itnesses" %i& res5ondents counsel shall crossJe<a9ine the9 8ased on their >udicial affidavits= the attached e<hi8its= and the ans@ers the: 7ave durin7 the courts firstJ5hase e<a9ination" If there 8e other 5arties @ho have >oined cause @ith the res5ondent= their counsel shall also 8e 7iven the o55ortunit: to crossJ e<a9ine these @itnesses" %ii& Petitioners counsel 9a: then conduct a reJdirect e<a9ination of his @itness or @itnesses on 9atters that the court and adverse counsel covered" %iii& res5ondents counsel and the other counsel @ho have >oined cause @ith hi9 or her 9a: conduct a reJcross e<a9ination of the 5etitioners @itness or @itnesses" The ne<t to 8e e<a9ined shall 8e the res5ondents @itness or @itnesses" Petitioners counsel and= after hi9= the counsel of other 5arties @ho 9a: have >oined cause @ith the 5etitioner shall in turn crossJe<a9ine res5ondents @itness or @itnesses" This shall 8e follo@ed 8: redirect e<a9ination and reJcross e<a9ination 8: the a55ro5riate counsel in the sa9e order and 9anner 5rovided a8ove"
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$"
Hitness or @itnesses for 5arties other than the 5etitioner or res5ondent shall 8e cross e<a9ined 8: counsel of the 5arties @ho have an interest in their testi9onies= follo@ed 8: a reJ direct and reJcross consistent @ith the order and 9anner 5rovided a8ove" Counsel for a 5art: %other than the 5art: 5resentin7 the @itness& @ho has an interest in the testi9on: of a 5articular @itness shall have the o55ortunit: to e<a9ine hi9 or her in the course of the conduct of the e<a9inations in %#&= %*&= and %$& a8ove" fter counsels have concluded their e<a9inations of the @itnesses= the court shall ter9inate the second 5hase res5ectin7 the 5articular issue or related issues and 9ove to the e<a9ination of the @itnesses res5ectin7 the ne<t issue or related issues= if such further e<a9ination is liEe@ise in the a7enda of the court for that da:s settin7" The rece5tion of evidence for the ne<t issue or related issues 9a: 8e scheduled on another settin7 in accordance @ith the Order of Trial"
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1"
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%b&ections to t"e 'uestions of counsel Durin7 cross e<a9ination 8: adverse counsel= counsel @ho 5resented the @itness or @itnesses 9a: o8>ect to 6uestions asEed of the latter or 9ove to striEe out the ans@ers 7iven 8ased on the 7rounds stated in Section ) a8ove" The court shall act on the o8>ections or 9otions or si95l: note the9 as 5rovided under the sa9e Section )"
SEC" #3"." ECa?.na/.2n 23 EC;1>/ (./n16616. B The e<a9ination of e<5ert @itnesses shall follo@ the sa9e 5rocedure 5rovided in Sections 3= )= and 4 a8ove" Hith leave of court= ho@ever= an e<5ert @itness 9a: asE 6uestions directed to the other 5art:s e<5ert @itness on an: 9atter covered 8: the testi9on: of the latter on the issue or related issues at hand" SEC" #3"#-" Fac1*/2*3ac1 61//.n:6 64a00 71 .n/>an631>>a701. B
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%a&
Cecause of the nu9erous 5ersons involved in and the co95le< 5re5arations re6uired for the conduct of a faceJtoJface trial= the dates set for the sa9e shall 8e untransfera8le e<ce5t on 7round of fortuitous event or serious illness of counsel or his @itness" The 5art: seeEin7 5ost5one9ent or resettin7 of the hearin7 has the 8urden of 5rovin7 his 7round @ith satisfactor: evidence= other@ise such 5art: shall 8e dee9ed to have @aived the a55earance of counsel and @itnesses at the scheduled faceJtoJface trial" No 9otion for 5ost5one9ent or resettin7 shall 8e 7ranted on 7round of serious illness of counsel or his @itness= unless the 5art: concerned 5resents a 9edical certificate issued 8: a 5h:sician statin7 that the illness is of such 7ravit: as to 5revent counsel or his @itness fro9 attendin7 the scheduled hearin7" The >ud7e 9a: re6uire such 5h:sician to a55ear 8efore hi9 or her or order another 5h:sician either 7overn9entJe95lo:ed or retained 8: the adverse 5art:= to verif: the truth of the certification" If such certification turns out to 8e false= the certif:in7 5h:sician shall 8e held in conte95t of court and 5unished accordin7l:" If the 7round for 5ost5one9ent or resettin7 turns out to 8e false= the 5art: or counsel @ho sou7ht it shall 8e su8>ect to conte95t of court to the e<tent that he or she or she is res5onsi8le for it"
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SEC" #3"##" C2n61A51nc16 23 3a.05>1 /2 a;;1a> a/ /41 />.a0. ? $a% The failure of counsel to appear at the pre1agreed face1to1 face trial without obtaining a prior postponement shall be deemed a wai er of his appearance and trial shall proceed without him. Dis witnesses) if present) shall be regarded as witnesses procured b' the court in its pursuit of the truth concerning the case and shall be examined in the usual course. In the e ent of the failure of a witness to appear) the court shall order his 5udicial affida it expunged as direct
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testimon' in support of the part' presenting the witness. SEC" #3"#*" N1@0< ,.6c291>1, 19.,1nc1B n1@ .66516 19209.n: ,5>.n: />.a0. = , part' ma') in the course of trial) file a motion to admit newl' disco ered e idence sub5ect to the rule go erning its admission. , part' ma' also file a motion to amend the 8rder of Trial to include a new issue or issues that ma' ha e since e ol ed without further need of amending the pleadings. SEC" #3"#$" R1:50a> 2> 65??a>< />.a0 6c41,5016. = The schedules for holding face1to1face trial shall either be regular or summar' based on the circumstances of each case. "here the issues are complex or numerous and the e idence from both sides consist of the testimonies of se eral witnesses or in ol e numerous pieces of e idence) the court shall hold a regular face1 to1face trial) with the hearings spread o er a period of time. "here the issues are simple and few) the court shall hold a simple one1time face1to1face trial) with an oral 5udgment rendered at the end of such trial. *ut) if in the course of summar' trial) the court disco ers that the issues are after all complex or numerous) it shall con ert the same to a regular trial and defer further proceedings in the case to other dates. SEC" #3"#0" M1?2>an,5?) 2>a0 a>:5?1n/) an, 85,:?1n/. ? The court shall hear the parties argue their respecti e positions before rendering 5udgment in the case) as follows@ $a% In the regular trial@ 1. The court shall) after all the issues in the case ha e been heard) direct the parties to simultaneousl' submit their respecti e memoranda within fifteen $1;% da's from the date the face1to1face trial ended) accompanied b' a softcop' of the same in a format acceptable to the court. 2urther) the court shall) within ten $14% da's of receipt of such memoranda) set the case for oral argument on such date and time as the court and the parties ma' agree on. The court shall render a written decision within ninet' $=4% da's after hearing the parties on their oral argument. It ma' wholl' or partiall' adopt or
2.
3.
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use the memorandum of the winning part' for its decision or prepare its own. $b% In the summar' trial@ 1. The court shall) immediatel' after all the witnesses ha e been examined) hear the parties briefl' on oral argument. It shall at the close of such argument) orall' state its rulings on the issue or issues in ol ed and announce the dispositi e portion of its 5udgment. The oral 5udgment shall be recorded in the minutes of the proceedings which) together with the resolution of each issue) and shall be signed b' the parties or their counsel as e idence that the' had taken note of the same. If a part' or his counsel refuses to sign) such refusal shall be reflected in the same minutes. The court ma' direct the winning part' to submit within fifteen $1;% da's from the oral 5udgment a draft of the decision based on the oral 5udgment then rendered) accompanied b' a softcop' of the same in a format acceptable to the court. In an' e ent) whether the court adopts the winning part'9s draft or not) it shall promulgate its written decision in the case within thirt' $34% da's from the date of the oral 5udgment. The period to appeal the 5udgment of the court in a summar' hearing with 5udgment shall be reckoned from the date of receipt of written decision b' the appealing part'. Rule #) TRI L C, CO++ISSIONERS %N& SECTION #)"#" (41n /2 ?aE1 >131>1nc1. = Reference to trial b' commissionerHs b' consent or) as ordered b' the court on motion) should be
2.
3.
:.
;.
<.

a ailed of b' the parties no later than preliminar' conference and the disputed issues to be settled through trial b' commissionerHs should be specified in the !re1trial 8rder. Trial b' commissionerHs should be held simultaneousl' or soon after the scheduled ad5udication hearing. SEC" #)"*" R131>1nc1 7< C2n61n/. = "here parties ha e agreed in writing an'time before preliminar' conference) the court ma' order the disputed issues in a case to be referred to a commissioner or a panel of commissioners to be agreed upon b' the parties or to be appointed b' the court. SEC" #)"$" R131>1nc1 O>,1>1, 2n M2/.2n. = "hen the parties do not consent) the court ma' upon motion) direct that trial be held b' commissionerHs in cases that are complex) industr' specific) reBuires the examination of a long account on either side) reBuires the anal'sis or opinion of an expert) or when taking of an account is necessar' for the information of the court. SEC" #)"0" N5?71> 23 C2??.66.2n1>6. = The parties ma' agree to the appointment of a sole commissioner or a panel of three $3% commissioners within fifteen $1;% da's after the reference to trial b' commissionerHs has been made. "here the parties ha e not agreed upon the number of commissioners) the court shall appoint a sole commissioner) sa e where it appears to the court that the dispute is such as to warrant the appointment of three $3% commissioners. SEC" #)"1" ,ppointment of Commissioners. ? $a% If a sole commissioner is to be appointed) either part' ma' propose to the other the names of one or more persons) one of whom) upon agreement of the parties) shall ser e as the sole commissioner. If within fifteen $1;% da's after receipt b' a part' of a proposal made in accordance with the preceding paragraph) the parties ha e not reached agreement on the choice of a sole commissioner) or within such additional time as ma' be allowed b' the court but at no instance to exceed thirt' $34% da's) the sole commissioner shall be
$b%
66

appointed b' the court. The court shall make the appointment within fifteen $1;% da's after the expiration of the period granted to the parties to come into an agreement. $c% If three $3% commissioners are to be appointed) each part' shall appoint one commissioner within $1;% da's from reference to trial b' commissionerHs b' consent or ordered on motion. If a part' fails to appoint a commissioner) the appointment shall be made b' the court. The two commissioners appointed shall choose the third commissioner) who will act as the Chairman of the panel of commissioners. If the two commissioners fail to choose the third commissioner within fifteen $1;% da's from both their appointments or within the time limit fixed b' the court) the third commissioner shall be appointed b' the court within fifteen $1;% da's after the expiration of the period granted to the two commissioners to appoint a third commissioner.
, decision b' a panel of commissioners is gi en b' a ma5orit' decision. If there be no ma5orit') the decision ma' be made b' the Chairman alone. SEC" #)"3" -5a0.3.ca/.2n6. ? $a% - er' commissioner) e en if appointed b' the parties) must be and remain independent of and impartial to the parties in ol ed in the proceedings. , prospecti e commissioner shall sign a statement of independence and disclose in writing to the court an' facts and circumstances which might be of such a nature as to call into Buestion the commissioner9s independence in the e'es of the parties. The court shall pro ide such information to the parties in writing and fix a time limit for an' comments to be recei ed. , commissioner shall immediatel' disclose in writing to the court and to the parties an' facts or circumstances which ma' affect his independence and impartialit') or an'thing of a similar nature) which ma' arise during the
$b%
$c%

course of the trial. $d% It is the dut' of the commissionerHs to proceed with all reasonable diligence. -ither part') on notice to the parties and commissioner) ma' appl' to the court for an order reBuiring the commissioner to expedite the proceedings and to make his report.
SEC" #)")" Challenge of Commissioners. ? $a% ,n' commissioner ma' be challenged if circumstances exist that gi e rise to 5ustifiable doubts as to the commissioner9s impartialit' and independence. , challenge of a commissioner shall be made b' submission to the court a sworn written statement specif'ing the facts and circumstances on which the challenge is based. The challenge shall be notified to the other part') the commissioner who is challenged and to the other commissioners) if an'. 2or a challenge to be admissible) it must be sent b' a part' either within fifteen $1;% da's from receipt b' that part' of the notification of appointment of the commissioner) or within fifteen $1;% da's from the date when the part' making the challenge was informed of the facts and circumstances on which the challenge is based or within fifteen $1;% da's after the facts and circumstances which the challenge became known to that part'. "hen a commissioner has been challenged b' one part') the other part' ma' agree to the challenge) in which case the commissioner shall be remo ed. The commissioner ma' also) after the challenge) withdraw from his appointment. If the parties do not agree on the challenge and the commissioner does not willingl' withdraw from his appointment) the court shall decide on the admissibilit') and at the same time) if necessar' on the merits of thechallenge after it has afforded an opportunit' for the arbitrator concerned) the other part' or parties) and an' other commissioner) if an') to comment in writing within a suitable period of time not
$b%
$c%
$d%
68

exceeding thirt' $34% da's. 7uch comments shall be communicated to the parties and to the commissioners) if an'. $e% If a commissioner is remo ed through challenge) or in the e ent of death or resignation) the procedure pro ided in 7ection ; hereof shall be used in full for the appointment of the substitute commissioner) e en if during the process of appointing the challenged commissioner) a part' had failed to exercise its right to appoint or to participate in the appointment.
SEC" #)"4" O>,1> 23 >131>1nc1B ;2@1>6 23 /41 c2??.66.2n1>. = "hen a reference is made) the clerk of court shall forthwith furnish the commissioner or panel of commissioners) as the case ma' be) with a cop' or copies of the orderHs of reference. The orderHs ma' specif' or limit the powers of the commissionerHs) and ma' direct him or her to report onl' upon particular issues identified in the !re1trial 8rder) or to do or perform particular acts) or to recei e and report e idence onl') and ma' fix the date for beginning and closing the hearings and for the filing of his report. 7ub5ect to the specifications and limitations stated in the orderHs) the commissionerHs ha e and shall exercise the power to regulate the proceedings in e er' hearing before him or her and to do all acts and take all measures necessar' or proper for the efficient performance of his duties under the order. he or she or she ma' issue subpoenas and subpoenas ,5c16 /1c5?) swear witnesses) and unless otherwise pro ided in the order of reference) he or she or she ma' rule upon the admissibilit' of e idence. SEC" #)"." Oa/4 23 C2??.66.2n1>. = *efore entering upon his duties) the commissioner shall be sworn to a faithful and honest performance thereof. SEC" #)"#-" P>2c11,.n:6 7132>1 c2??.66.2n1>. = The trial or hearing before the commissioner or panel of commissioner shall proceed in all respects as it would if held before the court in accordance with the procedures pro ided in the rule on 2ace1to12ace Trial. &pon receipt of the order of reference and unless otherwise pro ided therein) the commissionerHs shall forthwith set a time and place for the first meeting of the parties or their counsel to be held within ten $14% da's after the date of the order of reference and shall notif' the parties or their counsel.

SEC" #)"##" R1;2>/ an,F2> D1c.6.2n 23 c2??.66.2n1>F6. = &pon the completion of the trial or hearing or proceeding before the commissionerHs) the commissionerHs shall file with the court) within six $<% months from the last da' of trial) hearing or proceeding) his report andHor decision) in writing upon the matters submitted to him or her b' the order of reference. "hen his powers are not specified or limited) he or she or she shall set forth his findings of fact and conclusions of law in his report andHor decision. he or she or she shall attach thereto all exhibits) affida its) depositions) papers and the transcripts) if an') of the testimonial e idence presented before him. The report andHor decision of the commissioner or panel of commissioners shall be binding on the parties and the court. SEC" #)"#*" 2orm and -ffect of Report andHor 3ecision of commissionerHs. ? $a% $b% The report andHor decision shall be made in writing) stating the reasons upon which it is based. The report andHor decision shall be final and binding on the parties and the court. *' submitting the dispute to trial b' commissionerHs under this Rule) the parties undertake to carr' out an' report andHor decision made b' the commissionerHs without dela' and shall be deemed to ha e wai ed their right to an' form of recourse insofar as such wai er can be alidl' made. The report andHor decision of the commissionerHs are considered as the final order of the court) or as part thereof) as the case ma' be. ,s such) it is sub5ect to the ordinar' modes of appeal as pro ided in these Rules.
$c%
SEC" #)"#$" C2?;1n6a/.2n 23 c2??.66.2n1>F6. = The court shall allow the commissionerHs such reasonable compensation) taking into account the complexit' of the sub5ect1matter) the amount in dispute) if an') the time spent b' the commissionerHs and an' other rele ant circumstances of the case) to be taxed as costs against the defeated part') or apportioned) as 5ustice reBuires. 7uch compensation is exclusi e of the tra el and other expenses that ma' be incurred b' the commissionerHs) in relation to) and during the course of the trial) which is sub5ect to alidation b' the court.
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TITLE !: +ODES OF DISCO!ER, Rule # +ODES OF DISCO!ER, CEFORE CTION %R*0& SECTION #"#" D1;26./.2n6 7132>1 ac/.2nB ;1/./.2n. ? , person who desires to perpetuate his own testimon' or that of another person regarding an' matter that ma' be cogni0able in an' court of the !hilippines) ma' file a erified petition in the court of the place of residence of an' expected ad erse part'. $1% SEC" #"*" C2n/1n/6 23 ;1/./.2n. ? The petition shall be entitled in the name of the plaintiff and shall show that@ $a% the plaintiff expects to be a part' to an action in a court of the !hilippines but is presentl' unable to bring it or cause it to be broughtA the sub5ect matter of the expected action and the 5laintiffs interest thereinA the facts sou7ht to 8e established b' the proposed testimon' and the reasons for perpetuating itA the names or descriptions of the e<5ected adverse parties and their addresses so far as knownA and the names and addresses of the persons to be examined and the 5udicial affida its of each) attaching) identif'ing and authenticating thereto all rele ant documentar' and ob5ect e idence.
$b% $c% $d% $e%
The petition shall also pra' for an order authori0ing the plaintiff to take the depositions of the persons to be examined named in the petition to their testimon'. $2a% SEC" #"$" P>2,5c/.2n 2> .n6;1c/.2n 7132>1 ac/.2nB ;1/./.2n. = , person) not in possession) control) or custod' of documents or things) who intends to use them in an' matter that ma' be recogni0able in an' court of the !hilippines ma' file a erified petition in the court of the place of residence of an' expected ad erse part'. $n% SEC" #"0" C2n/1n/6 23 ;1/./.2n. ? The petition shall be entitled in the

name of the plaintiff and shall show that@ $a% $b% $c% $d% the matters enumerated in 7ection 1.2 $a% and $b% of this RuleA the facts sought to be established b' the documents or things to be produced or inspectedA the names or descriptions of the expected ad erse parties and their addresses so far as knownA the description and addresses of the persons in possession) control) or custod' of the documents or things to be produced or inspectedA and the description of the documents or things to be produced or inspected. $n%
$e%
SEC" #"1" ECa?.na/.2n 7132>1 ac/.2nB ;1/./.2n. ? , person who intends to introduce in e idence his own mental or ph'sical condition or that of another person regarding a matter in which the mental or ph'sical condition of a part' is in issue) ma' file a erified petition in the court of the place of residence of an' expected ad erse part'. $n% SEC" #"3" C2n/1n/6 23 ;1/./.2n. ? The petition shall be entitled in the name of the plaintiff and shall show that@ $a% $b% $c% $d% the matters enumerated in 7ection 2$a% and $b% of this RuleA the facts which he or she or she desires to establish b' the mental or ph'sical examinationA the names or description of the expected ad erse parties and their addresses so far as knownA and the name and address of the person to be examined. $n%
SEC" #")" N2/.c1 an, 61>9.c1. 1The plaintiff shall ser e upon each person named in the petition as an expected ad erse part' a cop' of the petition and a notice stating that the plaintiff will appl' to the court for the order described in the petition at the indicated time and place. ,t least thirt' $34% da's before the date of the hearing) the court shall cause notice thereof to be ser ed on the parties and prospecti e deponents in the manner pro ided for ser ice of summons. $3a%
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SEC #"4" C2??1n/ 2> 2;;26./.2n /2 /41 ;1/./.2n. ? , person ser ed with a notice of the petition shall ha e fifteen $1;% da's upon its receipt to file a comment or opposition. The court shall grant or den' the petition within fifteen $1;% da's from receipt of the last comment or opposition or upon the lapse of the period to file the same. $n% SEC" #"." O>,1> an, 1Ca?.na/.2n. = If the court is satisfied that the perpetuation of the testimon') production or inspection of documents or things) and mental and ph'sical examination) ma' pre ent a failure or dela' of 5ustice) it shall issue an order granting the petition. ,n order granting the perpetuation of testimon' shall designate the time and place for the affirmation of the deponents9 5udicial affida its and the conduct of the cross1examination) re1direct examination and re1cross examination of the deponents. The depositions ma' then be taken in accordance with Title J) Rule 2 before the hearing. ,n order granting the production and inspection of documents and things shall direct an' part' to@ $a% produce and permit the inspection and cop'ing or photographing) b' or on behalf of the applicant) of an' designated documents) papers) books) accounts) letters) photographs) ob5ects or tangible things) not pri ileged) which constitute or contain e idence material to an' matter in ol ed in the action and which are in his possession) custod' or controlA or $b% permit entr' upon designated land or other propert' in his possession or control for the purpose of inspecting) measuring) sur e'ing) or photographing the propert' or an' designated rele ant ob5ect or operation thereon. The order shall specif' the time) place and manner of making the inspection and taking copies and photographs) and ma' prescribe such terms and conditions as are 5ust.
,n order granting mental or ph'sical examination shall specif' the time) place) manner) conditions and scope of the examination and the person or persons b' whom it is to be made. $:a% SEC" #"#-" R131>1nc1 /2 c25>/. ? 2or the purpose of appl'ing Title J) Rule 2 to depositions for perpetuating testimon') an' reference to the

court where the action is pending shall be deemed to refer here to the court where the petition perpetuating testimon' was filed. $;a% 7-C. 1.11. U61 23 ,1;26./.2n. ? If a deposition to perpetuate testimon' is taken under this Rule) or if) although not so taken) it would be admissible in e idence) it ma' be used in an' action in ol ing the same sub5ect matter subseBuentl' brought in accordance with the pro isions of 7ections 2.: and 2.< of Title IJ. $<% Rule * DEPOSITIONS PENDING CTION %R*$& 7-CTI8N 2.1. D1;26./.2n6 ;1n,.n: ac/.2n) @41n ?a< 71 /aE1n. = ,t the instance of an' part') the testimon' of an' person ma' be taken@ $a% b' lea e of court) after 5urisdiction has been obtained o er an' defendant or o er propert' which is the sub5ect of the actionA or $b% without such lea e) after an answer has been ser ed. The attendance of witnesses ma' be compelled b' the use of a subpoena as pro ided in Title IJ) Rule 16. 3epositions shall be taken onl' in accordance with these Rules. The deposition of a person confined in prison ma' be taken onl' b' lea e of court on such terms as the court ma' prescribe. $1a% SEC" *"*" Sc2;1 23 1Ca?.na/.2n. = &nless otherwise ordered b' the court as pro ided b' 7ections 2.16 and 2.1= of this Rule) the deponent ma' be examined regarding an' unpri ileged matter rele ant to the sub5ect of the pending action) whether relating to the claim or defense of an' part') including the existence) description) nature) custod') condition) and location of an' books) documents) or other tangible things) and the identit' and location of persons ha ing knowledge of rele ant facts. $2% 7-C. 2.3. ECa?.na/.2n an, c>266*1Ca?.na/.2n. = -xamination and cross1examination of deponents ma' proceed) as permitted) at the trial under 7ections 3 to 1> of Rule 132. $3% SEC" *"0" U61 23 ,1;26./.2n6. = ,t the trial or upon the hearing of a motion or an interlocutor' proceeding) an' part or all of a deposition) so far as admissible under the Rules of - idence) ma' be used against an' part' who was present or represented at the taking of the deposition) or who had due notice thereof. Its use shall be in accordance with an' one of the following pro isions@
74

$a%
The deposition of an' person ma' be used as the deponent9s direct testimon' if presented as a witness) sub5ect to the right of the opposing part' to conduct additional cross1examination. It ma' also be used to contradict or impeach the testimon' of the deponent as a witness. The deposition of a part' or of an' one who) at the time of taking the deposition) was an officer) director) or managing agent of a public or pri ate corporation) partnership) or association which is a part' ma' be used b' an ad erse part' for the same purposes in paragraph $a% hereofA The deposition of an' person ma' be used b' an' part' for an' purpose if the court finds that@ $1% the witness had diedA or $2% the witness resides more than one hundred $144% kilometers from the place of trial or hearing) or is out of the !hilippines) unless it appears that his or her absence was caused b' the part' offering the depositionA or $3% the witness is unable to attend or testif' because of age) sickness) infirmit') or imprisonmentA or $:% the part' offering the deposition has been unable to secure the attendance of the witness b' subpoenaA or $;% upon application and notice) such exceptional circumstances exist as to make it desirable) in the interest of 5ustice and with due regard to the importance of presenting the testimon' of witnesses orall' in open court) to allow the deposition to be usedA and If onl' part of a deposition is offered in e idence b' a part') the ad erse part' ma' reBuire him or her to introduce all that is rele ant to the part introduced) and an' part' ma' introduce an' other parts. $:a%
$b%
$c%
$d%
7-C. 2.;. S57;21na 32> ,1;26./.2n6. = The subpoena ma' be issued b' the court where the deposition is to be submitted and before which the related action is pending. !roof of ser ice of a notice to take a deposition) as pro ided in 7ections 16) shall constitute sufficient authori0ation for the issuance of subpoenas for the persons named in said notice b' the court where the action

is pending. The clerk shall not) howe er) issue a subpoena ,5c16 /1c5? to an' such person without an order of the court. $n% 7-C. 2.<. E331c/ 23 6576/./5/.2n 23 ;a>/.16. = 7ubstitution of parties does not affect the right to use depositions pre iousl' takenA and) when an action has been dismissed and another action in ol ing the same sub5ect is thereafter brought between the same parties or their representati es or successors in interest) all depositions lawfull' taken and dul' filed in the former action ma' be used in the latter as if originall' taken therefor. $;% 7-C. 2.6. O781c/.2n6 /2 a,?.66.7.0./<. = 7ub5ect to the pro isions of 7ection 2.2= of this Rule) ob5ection ma' be made at the trial or hearing to recei ing in e idence an' deposition or part thereof for an' reason which would reBuire the exclusion of the e idence if the witness was then present and testif'ing. $<% 7-C. 2.>. E331c/ 23 /aE.n: ,1;26./.2n6. = , part' shall not be deemed to make a person his or her own witness for an' purpose b' taking his or her deposition. $6% 7-C. 2.=. E331c/ 23 56.n: ,1;26./.2n6. = The introduction in e idence of the deposition or an' part thereof for an' purpose) other than that of contradicting or impeaching the deponent) makes the deponent the witness of the part' introducing the deposition) pro ided that this shall not appl' to the use b' an ad erse part' of a deposition as described in 7ection 2.: $b% of this rule. $>% 7-C. 2.14. R175//.n: ,1;26./.2n. = ,t the trial or hearing) an' part' ma' rebut an' rele ant e idence contained in a deposition whether introduced b' him or her or b' an' other part'. $=% 7-C. 2.11. P1>62n6 7132>1 @42? ,1;26./.2n6 ?a< 71 /aE1n @./4.n /41 P4.0.;;.n16. = "ithin the !hilippines) depositions ma' be taken before an' 5udge) notar' public) or the person referred to in 7ection 2.1; of this rule. $11% 7-C. 2.12. P1>62n6 7132>1 @42? ,1;26./.2n6 ?a< 71 /aE1n .n 32>1.:n c25n/>.16. = In a foreign state or countr') depositions ma' be taken@ $a% on notice before a secretar' of embass' or legation) consul general) consul) ice1consul) consular agent of the Republic of the !hilippinesA $b% before such person or officer as ma' be appointed b' commission or under letters
76

rogator'A or $c% the person referred to in 7ection 2.1; of this rule. $11% SEC" *"#$" C2??.66.2n 2> 01//1>6 >2:a/2><. = , commission or letters rogator' shall be issued onl' when necessar' or con enient) on application and notice) and on such terms and with such direction as are 5ust and appropriate. 8fficers ma' be designated in notices or commissions either b' name or descripti e title and letters rogator' ma' be addressed to the appropriate 5udicial authorit' in the foreign countr'. $12% 7-C. 2.1:. D.6A5a0.3.ca/.2n 7< .n/1>16/. = No deposition shall be taken before a person@ $a% who is a relati e within the sixth degree of consanguinit' or affinit') or emplo'ee or counsel of an' of the partiesA $b% who is a relati e within the same degree) or emplo'ee of such counselA or $c% who is financiall' interested in the action. $13% 7-C. 2.1;. S/.;50a/.2n6 >1:a>,.n: /aE.n: 23 ,1;26./.2n6. = If the parties so stipulate in writing) depositions ma' be taken before an' person authori0ed to administer oaths) at an' time or place) in accordance with these Rules) and when so taken ma' be used like other depositions. $1:% 7-C. 2.1<. D1;26./.2n 5;2n 2>a0 1Ca?.na/.2nB n2/.c1B /.?1 an, ;0ac1. = , part' desiring to take the deposition of an' person upon oral examination shall gi e a reasonable written notice of not less than fifteen $1;% da's before affirmation hearing to e er' other part' to the action. The notice shall@ $a% include the 5udicial affida it of each intended deponent executed in accordance with these RulesA and $b% state the time and place for the affirmation of the deponent9s 5udicial affida it and the conduct of his or her cross1examination) re1direct examination and re1cross examination. 8n motion of an' part' upon whom the notice is ser ed) the court ma' for cause shown extend or shorten the time. "hen the witness is hostile) unwilling) or ad erse) his or her direct examination) in lieu of his or her 5udicial affida it) shall be taken sub5ect to the pro isions on subpoena under 7ection 2.; of this rule. $1;a% 7-C. 2.16. O>,1>6 32> /41 ;>2/1c/.2n 23 ;a>/.16 an, ,1;2n1n/6. = ,fter notice for taking a deposition b' oral examination is ser ed) an' part' or the person to be deposed ma') upon good cause shown) mo e that the court where the action is pending issue an order that@ $a% the deposition shall not be taken) or that it ma' be taken

onl' at a designated place other than that stated in the noticeA $b% $c% it ma' be taken onl' on written interrogatoriesA certain matters shall not be inBuired into) or that the scope of the examination shall be held with no one present except the parties to the action and their officers or counselA and after being sealed) the deposition shall be opened onl' b' order of the court) or that secret processes) de elopments) or research need not be disclosed) or that the parties shall simultaneousl' file specified documents or information enclosed in sealed en elopes to be opened as directed b' the courtA or protecting the part' or witness from anno'ance) embarrassment) or oppression as 5ustice ma' reBuire.
$d%
If the deposition is allowed) the 5udicial affida it of the deponent pre iousl' submitted shall ser e as the direct testimon' of the deponent. The ad erse part' shall be allowed to ob5ect to the Buestions and answers contained in the 5udicial affida it and the court shall rule upon each ob5ection in accordance with these Rules. The conduct of the deposition insofar as the cross1examination) re1direct examination and re1cross examination shall be go erned b' this Rule. $1<a% 7-C. 2.1>. R1c2>, 23 1Ca?.na/.2nB 2a/4. = The officer before whom the 5udicial affida it of the deponent will be affirmed) or before whom the oral examination is to be taken shall put the witness on oath and shall personall') or b' someone acting under his or her direction and in his or her presence) record the testimon' of the witness. The testimon' shall be recorded stenographicall' or b' other effecti e and reliable means such as but not limited to audio recording) ideotaping or ideo recording. In lieu of participating in the affirmation of the 5udicial affida it of the deponent and the cross1examination thereof) parties ser ed with notice of taking a deposition ma' submit written interrogatories) which must be ser ed at least one $1% da' before the date of deposition) to the officers) who shall propound them to the witness and record the answers erbatim. $16a% 7-C. 2.1=. O781c/.2n6 ,5>.n: 1Ca?.na/.2n. * ,ll ob5ections made) at
78

the time of the examination) to the Bualifications of the officer taking the deposition) or to the conduct of an' part') and an' other ob5ection to the proceedings) shall be noted b' the officer upon the deposition. - idence ob5ected to shall be taken sub5ect to the ob5ections. $16% 7-C. 2.24. M2/.2n /2 /1>?.na/1 2> 0.?./ 1Ca?.na/.2n. = ,t an' time during the taking of the deposition) on motion of an' part' or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner to anno') embarrass) or oppress the deponent or part') the court in which the action is pending or the Regional Trial Court of the place where the deposition is being taken ma' order the officer conducting the examination to cease from taking the deposition) or limit the scope and manner of the taking of the deposition) as pro ided in 7ection 2.16 of this Rule. If the examination is terminated) it shall be resumed onl' upon the order of the court in which the action is pending. &pon manifestation of the ob5ecting part' or deponent) the taking of the deposition shall be suspended for a period necessar' to make a notice for an order. In granting or refusing such order) the court ma' impose upon either part' or upon the witness the pa'ment of such costs or expenses as the court ma' deem reasonable. $1>a% 7-C. 2.21. S57?.66.2n /2 @./n166B c4an:16B a5/41n/.ca/.2n. = "hen the oral deposition is concluded) the deposition shall be submitted to the witness for re iew unless the same is wai ed b' the witness and b' the parties. ,n' changes in form or substance which the witness desires to make shall be entered upon the deposition b' the officer with a statement of the reasons gi en b' the witness. The deposition shall then be signed or authenticated b' the witness) unless the parties b' stipulation wai e the signing or authentication) or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed b' the witness) the officer shall sign it and state on the record the reason therefor. The deposition ma' then be used as full' as though signed) unless on a motion to suppress under 7ection 2=$e% of this Rule) the court holds that the reasons gi en for the refusal to sign is meritorious and 5ustifies the re5ection of the deposition in whole or in part. $1=a% 7-C. 2.22. C1>/.3.ca/.2n an, 3.0.n: 7< 233.c1>. = The officer taking

the deposition shall@ $a% certif' on the deposition that the witness was dul' sworn to and that the deposition is a true record of the proceedings of the witnessA $b% securel' seal the deposition in an en elope indorsed with the title of the action and marked .3eposition of $insert the name of witness%/A $c% promptl' file it personall' or b' registered mail with the court in which the action is pendingA and $d% retain a cop' of the deposition. Two $2% copies of the stenographic notes or recordings shall be submitted to the court@ one $1% for the court and one $1% for the part' or deponent. $24a% 7-C. 2.23. N2/.c1 23 3.0.n: an, 35>n.64.n: 23 c2;.16. = The officer taking the deposition shall gi e prompt notice of its filing to all the parties. ,nd upon reBuest and pa'ment of reasonable charges) the part' or the deponent shall be furnished b' the officer a cop' of the deposition. $21and 22a% 7-C. 2.2:. Fa.05>1 /2 a//1n, 23 ;a>/< :.9.n: n2/.c1. = If the part' gi ing the notice of deposition fails to attend and proceed therewith and another part' attends in person or b' counsel pursuant to the notice) the court ma' order the part' gi ing the notice to pa' such other part' the amount of the reasonable expenses incurred b' him or her and his or her counsel in so attending) including reasonable attorne'9s fees. $23% 7-C. 2.2;. Fa.05>1 23 ;a>/< :.9.n: n2/.c1 /2 61>91 657;21na. = If the part' gi ing the notice of the taking of a deposition of a witness fails to ser e a subpoena upon him or her and the witness because of such failure does not attend) and if another part' attends in person or b' counsel) the court ma' order the part' gi ing the notice to pa' to such other part' the amount of the reasonable expenses incurred b' him or her and his or her counsel in so attending) including reasonable attorne'Gs fees. $2:% 7-C. 2.2<. O33.c1>6 /2 /aE1 >16;2n616 an, ;>1;a>1 >1c2>,. = , cop' of the notice and copies of all interrogatories ser ed shall be submitted b' the part' taking the deposition to the officer designated in the notice) who shall proceed promptl') in the manner pro ided b' 7ections 2.1>) 2.1=) 2.21 and 2.22 of this Rule) to take the testimon' of the witness in response to the interrogatories and to prepare) certif') and file or mail the deposition) attaching thereto the cop' of the notice and the interrogatories recei ed b' him. $2<%
80

7-C. 2.26. N2/.c1 23 3.0.n: an, 35>n.64.n: c2;.16. = "hen a deposition upon interrogatories is filed) the officer taking it shall promptl' gi e notice of its filing to all the parties. ,nd upon reBuest and pa'ment of reasonable charges) the part' or the deponent shall be furnished b' the officer a cop' of the deposition. $26a% 7-C. 2.2>. O>,1>6 32> /41 ;>2/1c/.2n 23 ;a>/.16 an, ,1;2n1n/6. = ,fter the ser ice of the interrogatories and prior to the taking of the testimon' of the deponent) a part' or a deponent ma' mo e) upon showing good cause) for the issuance of an order@ $a% specified in 7ections 2.1<) 2.16 and 2.24 of this Rule which is appropriate and 5ustA $b% that the deposition shall not be taken before the officer designated in the notice or $c% that it shall not be taken except upon oral examination. $2>a% 7-C. 2.2=. -ffect of errors and irregularities in depositions. ? $a% A6 /2 n2/.c1. = ,ll errors and irregularities in the notice for taking a deposition are wai ed unless written ob5ection is promptl' ser ed upon the part' gi ing the notice. A6 /2 ,.6A5a0.3.ca/.2n 23 233.c1>. = 8b5ection to taking a deposition because of disBualification of the officer before whom it is to be taken is wai ed unless made before the taking of the deposition or thereafter as soon as the disBualification becomes known or could be disco ered with reasonable diligence. A6 /2 c2?;1/1nc< 2> >1019anc< 23 19.,1nc1. = 8b5ections to the competenc' of a witness or the competenc') rele anc') or materialit' of testimon' are not wai ed b' failure to make them before or during the taking of the deposition) unless the ground of the ob5ection is one which might ha e been ob iated or remo ed if presented at that time. A6 /2 2>a0 1Ca?.na/.2n an, 2/41> ;a>/.c50a>6. = -rrors and irregularities occurring at the oral examination in the manner of taking the deposition) form of the Buestions or answers) oath or affirmation) or conduct of the parties and errors of an' kind which might be ob iated) remo ed) or cured if promptl' prosecuted) are wai ed
$b%
$c%
$d%

unless reasonable ob5ection is made at the taking of the deposition. $e% A6 /2 ?ann1> 23 ;>1;a>a/.2n. = -rrors and irregularities in the manner in which the testimon' is transcribed or the deposition is prepared) signed) certified) sealed) endorsed) transmitted) filed) or otherwise dealt with b' the officer under 7ections 2.1>) 2.1=) 2.21) 2.22) and 2.2< of this Rule are wai ed unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is) or with due diligence might ha e been) ascertained. $2=a% Rule $ INTERROG TORIES TO P RTIES %R*1& 7-CTI8N 3.1. In/1>>2:a/2>.16 /2 ;a>/.16B 61>9.c1 /41>123. = &nder the same conditions specified in 7ection 2.1 of Title IJ an' part' desiring to elicit material and rele ant facts from an' ad erse part' shall file and ser e upon the latter written interrogatories to be answered b' the part' ser ed or) if the part' ser ed is a public or pri ate corporation or a partnership or association) b' an' officer thereof competent to testif' in its behalf. The interrogatories shall be prepared in the language known to the ad erse part' and) if not in -nglish or 2ilipino) accompanied b' a translation in -nglish or 2ilipino. $1% 7-C. 3.2. An6@1> /2 .n/1>>2:a/2>.16. = The interrogatories shall be answered full' in writing) and shall contain the following@ $a% $b% the name) age) residence or business address) and occupation of the witnessA the name and address of the counsel present while the ad erse part' was answering the interrogatories and the place where the interrogatories were answeredA a statement that the witness answered the interrogatories) full' conscious that he or she or she does so under oath) and that he or she or she ma' face criminal liabilit' for
$c%
82

false testimon' or per5ur'A $d% Buestions asked of the ad erse part' and his or her corresponding answers) consecuti el' numbered) that@ 1. show the circumstances under which the ad erse part' acBuired the facts upon which he or she or she testifiesA elicit from him or her those facts which are rele ant to the issues that the case presentsA and identif' the attached documentar' and ob5ect e idence and establish their authenticit' in accordance with the Rules of CourtA
2. 3.
$e% $f%
the signature of the ad erse part' o er his or her printed nameA a 5urat with the signature of the notar' public who administers the oath or an officer who is authori0ed b' law to administer the sameA and a sworn attestation at the end executed b' the counsel present while the ad erse part' was answering the interrogatories) to the effect that he or she or she faithfull' recorded or caused to be recorded the Buestions he or she or she asked and the corresponding answers that the witness ga eA and neither he or she or she nor an' other person then present or assisting him or her coached the witness regarding the latterGs answers.
$g%
, false attestation shall sub5ect the counsel mentioned to disciplinar' action) including disbarment. $2a% 7-C. 3.3. P1>.2, /2 3.01 an6@1>6 /2 .n/1>>2:a/2>.16. * The part' upon whom the interrogatories ha e been ser ed shall file and ser e a cop' of the answers on the part' submitting the interrogatories within fifteen $1;% da's after receipt of the interrogatories) unless the court) on motion and for good cause shown) extends or shortens the time. $2a% 7-C. 3.:. O781c/.2n6 /2 .n/1>>2:a/2>.16. = 8b5ections to an' interrogatories ma' be presented to the court within fifteen $1;% da's after ser ice thereof to the part' ser ing the interrogatories) who shall also ha e

fifteen $1;% da's from receipt of the ob5ections to comment on it. The court shall resol e whether the ob5ections are proper or not within fifteen $1;% da's from receipt of the comment or upon expiration of the period to file the same. &ntil the court resol es whether the ob5ections are proper or not) answers shall be deferred. $3% 7-C. 3.;. N5?71> 23 .n/1>>2:a/2>.16. = 8nl' with lea e of court ma' a part' ser e more than one set of interrogatories to be answered b' the same part'. $:a% 7-C. 3.<. Sc2;1 an, 561 23 .n/1>>2:a/2>.16. = Interrogatories ma' relate to an' matters that can be inBuired into under 7ection 2.2 of Title IJ) and the answers ma' be used for the same purposes pro ided in 7ection 2.: also of Title IJ. $;% 7-C. 3.6. E331c/ 23 3a.05>1 /2 61>91 @>.//1n .n/1>>2:a/2>.16. = &nless thereafter allowed b' the court for good cause shown and to pre ent a failure of 5ustice) a part' not ser ed with written interrogatories ma' not be compelled b' the ad erse part' to gi e testimon' in open court) or to gi e a deposition pending appeal. $<% 7-C. 3.>. E331c/ 23 3a.05>1 /2 61>91 an, 3.01 an6@1> /2 .n/1>>2:a/2>.16. = If a part' fails without an' 5ustifiable reason to ser e and file answers to interrogatories dul' ser ed under this Rule) the part' ser ing the interrogatories ma' file a motion seeking the following reliefs@ a% strike out all or an' part of an' pleading of that part'A b% dismiss the action or proceeding or an' part thereofA c% enter a 5udgment b' default against that part'A or d% pa'ment b' the failing part' of reasonable expenses incurred b' the other part') including attorne'9s fees. $n% Rule 0 D+ISSION C, D!ERSE P RT, %R*3& 7-CTI8N :.1. R1A516/ 32> a,?.66.2n. = ,t an' time after issues ha e been 5oined) a part' ma' file and ser e upon an' other part' a written reBuest for the admission b' the latter of the genuineness of an' material and rele ant document described in and exhibited with the reBuest or of the truth of an' material and rele ant matter of fact set forth in the reBuest. Copies of the documents shall be deli ered with the reBuest unless copies ha e alread' been furnished. $1%
84

7-C. :.2. I?;0.1, a,?.66.2n. = -ach of the matters of which an admission is reBuested shall be deemed admitted unless) within a period designated in the reBuest) which shall not be less than fifteen $1;% da's after its ser ice) or within such further time as the court ma' allow on motion) the reBuested part' files and ser es upon the reBuesting part' a sworn statement either den'ing specificall' the matters sought to be admitted or setting forth in detail the reasons wh' the reBuested part' cannot truthfull' admit or den' the matters. 8b5ections to an' reBuest for admission shall be submitted to the court b' the reBuested part' within the period for and prior to the filing of his or her sworn statement as contemplated in the preceding paragraph. The reBuesting part' shall ha e fifteen $1;% da's within which to file his or her comment to the ob5ections. The trial court shall determine whether the ob5ections are proper or not after the receipt of the comment or the expiration of the period within which to file the same. In the meantime) compliance with the reBuest for admission shall be deferred until such ob5ections are resol ed b' the trial court. $2a% 7-C. :.3. E331c/ 23 a,?.66.2n. = ,n' admission made pursuant to a reBuest is for the purpose of the pending action onl' and shall not constitute an admission for an' other purpose nor ma' the same be used against the reBuested part' in an' other proceeding. $3% 7-C. :.:. (./4,>a@a0. = The court ma' allow the part' to withdraw or amend an admission made under this Rule) whether express or implied) upon such terms as ma' be 5ust. $:% 7-C. :.;. E331c/ 23 3a.05>1 /2 3.01 an, 61>91 >1A516/ 32> a,?.66.2n. = &nless otherwise allowed b' the court for good cause shown and to pre ent failure of 5ustice) a part' who fails to file and ser e a reBuest for admission on the ad erse part' of material and rele ant facts at issue which are) or ought to be within the personal knowledge of the latter) shall be not be permitted to present e idence on such facts. $;% Rule 1 PROD(CTION OR INSPECTION OF DOC(+ENTS OR T2INGS %R*)& 7-CTI8N ;.1. M2/.2n 32> ;>2,5c/.2n 2> .n6;1c/.2n 2>,1>. ? &pon

motion of a part' showing good cause therefor) the court in which an action is pending ma' order another part' to produce and permit the inspection and cop'ing or photographing) b' or on behalf of the mo ing part') of an' designated rele ant and unpri ileged $a% documents papers) books) accounts) letters) photographs) ob5ects or tangible thingsA or $b% information generated) sent) or recei ed b' electronic) optical or similar means which are stored in an' medium from which information can be obtained directl' or) if necessar') after translation b' the responding part' into a reasonabl' usable form. 7uch documents or medium of storage must be in the responding part'9s possession) custod' or control. $1a% SEC" 1"*" M2/.2n 32> 1n/>< .n/2 ;>2;1>/<. * &pon motion of a part' showing good cause therefor) the court where the action is pending ma' order another part' to permit entr' upon designated land or other propert' under possession or control of the latter for the purpose of inspecting measuring) sur e'ing) or photographing the propert' or an' designated rele ant ob5ect or operation thereon. $1a% 7-C. ;.3. O>,1> 23 /41 c25>/. * The order shall specif' the time) place and manner of making the inspection and taking of copies and photographs) and ma' prescribe such terms and conditions as are 5ust. $1a% Rule 3 P2,SIC L ND +ENT L E/ +IN TION OF PERSONS %R*4& 7-CTI8N <.1. (41n 1Ca?.na/.2n ?a< 71 2>,1>1,. = In an action in which the mental or ph'sical condition of a part' or the paternit' of an indi idual is in contro ers') the court in which the action is pending ma' order the necessar' ph'sical or mental examination. The order ma' be made onl' upon motion for good cause shown and upon notice to the part' to be examined and all the other parties specif'ing the time) place) manner) conditions and scope of the examination and the person or persons b' whom it is to be made) The ad erse part' ma' file his or her oppositionHcomment to the motion within fifteen $1;% da's from receipt of the motion. The trial court shall resol e the motion within fifteen $1;% da's from the filing of the oppositionH comment or the lapse of the period within which to file the same. $1a and 2a%
86

7-C. <.2. EC;1n616 32> /41 1Ca?.na/.2n. = The order shall also direct the mo ant to ad ance the expenses to be incurred b' the part' to be examined. If the mo ant lacks the financial capacit' to pa' the expenses as determined b' the court) the examination ma' be done in an' go ernment institution and b' a go ernment ph'sician free of charge. $2a% 7-C. <.3. R1;2>/ 23 3.n,.n:6. = The examining ph'sician shall furnish the part' examined with a cop' of the report containing the findings and conclusion of the examination. The part' examined shall then file with the court and ser e on the ad erse part' the examiner9s report) personall' or b' licensed courier ser ice) within fifteen $1;% da's after receipt of the report. If the part' examined refuses to file or ser e such report) the ad erse part' ma' file a motion pra'ing for the compliance b' the part' examined. The part' examined shall ha e fifteen $1;% da's within which to file his or her comment. Thereafter) the trial court) within fifteen $1;% da's from receipt of the comment or the expiration of the period to file the same) shall resol e the motion. If the motion is meritorious) the court shall order the part' examined and the examiner to deli er the report to the mo ant and the court. If the report is not deli ered to the court) the contents of such report shall be presumed to be ad erse to the part' examined. 2urther) if a ph'sician fails or refuses to make such report) the trial court ma' exclude his or her testimon' if offered at the trial. $3a% 7-C. <.:. (a.91> 23 ;>.9.01:1. = *' reBuesting and obtaining a report of the examination so ordered or b' taking the deposition of the examiner) the part' examined wai es an' pri ilege he or she or she ma' ha e in that action or an' other in ol ing the same contro ers') regarding the testimon' of e er' other person who has examined or ma' thereafter examine him or her in respect of the same mental or ph'sical examination. $:% Rule ) DEPOSITIONS PENDING PPE L %R*0& 7-CTI8N 6.1. D1;26./.2n6 ;1n,.n: a;;1a0. = If an appeal has been taken from a 5udgment of a court) including the Court of ,ppeals in proper cases) or before the period to appeal has not expired) the court in which the 5udgment was rendered ma' allow the taking of depositions of witnesses to

perpetuate their testimon' for use in the e ent of further proceedings in the said court. In such case the part' who desires to perpetuate the testimon' ma' file a motion in the said court for lea e to take the depositions) upon the same notice and ser ice thereof as if the action was pending therein. $6a% 7-C. 6.2. C2n/1n/6 23 ?2/.2n. = The 9otion shall state@ $a% the names and addresses of the persons to be examined and the substance of the testimon' which the mo ant expects to elicit from eachA and the reason for perpetuating their testimon'.
$b%
If the court finds that the perpetuation of the testimon' is proper to a oid a failure or dela' of 5ustice) it ma' issue an order allowing the deposition. $n% 7-C. 6.3. N2/.c1. = ,t least thirt' $34% da's before the date of hearing) the court shall cause notice to be ser ed on the parties and prospecti e deponents in the manner pro ided for ser ice of summons. $n% 7-C. 6.:. A;;0.ca701 >501. = The rule on depositions pending action under Rule 2 of Title IJ shall appl' to depositions pending appeal. $n% Rule 4 REF(S L TO CO+PL, HIT2 +ODES OF DISCO!ER, %R*.& 7-CTI8N >.1. R1356a0 /2 an6@1>. = If a part' or other deponent refuses to answer an' Buestion upon oral examination) the examination ma' be completed on other matters or ad5ourned as the proponent of the Buestion ma' prefer. The proponent ma' thereafter appl' to the proper court of the place where the deposition is being taken) for an order to compel an answer. The same procedure ma' be a ailed of when a part' or a witness refuses to answer an' interrogator' submitted under Rule 2 and Rule 3 of Title IJ. If the application is granted) the court shall reBuire the refusing part' or deponent to answer the Buestion or interrogator' and if it also finds that the refusal to answer was without substantial 5ustification) it ma' reBuire the refusing part' or deponent or the counsel ad ising the refusal) or both of them) to pa' the proponent the amount of the reasonable expenses incurred in obtaining the order) including attorne'Gs fees.
88

If the application is denied and the court finds that it was filed without substantial 5ustification) the court ma' reBuire the proponent or the counsel ad ising the filing of the application) or both of them) to pa' to the refusing part' or deponent the amount of the reasonable expenses incurred in opposing the application) including attorne'Gs fees. $1% 7-C. >.2. C2n/1?;/ 23 c25>/. = If a part' or other witness refuses to be sworn or refuses to answer an' Buestion after being directed to do so b' the court of the place in which the deposition is being taken) the refusal ma' be considered a contempt of that court. $2% 7-C. >.3. O/41> c2n61A51nc16. = If an' part' or an officer or managing agent of a part' refuses to obe' an order made under@ a% 7ection >.1 reBuiring him or her to answer designated Buestions) b% Rule ; to produce an' document or other thing for inspection) cop'ing) or photographing or to permit it to be done) or to permit entr' upon land or other propert') or c% Rule < reBuiring him or her to submit to a ph'sical or mental examination) the court ma' make such orders in regard to the refusal as are 5ust) and among others) the following@ $a% ,n order that the matters regarding which the Buestions were asked) or the character or description of the thing or land) or the contents of the paper) or the ph'sical or mental condition of the part') or an' other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the part' obtaining the orderA ,n order refusing to allow the disobedient part' to support or oppose designated claims or defenses or prohibiting him or her from introducing in e idence designated documents or things or items of testimon') or from introducing e idence of ph'sical or mental conditionA ,n order striking out pleadings or parts thereof) or sta'ing further proceedings until the order is obe'ed) or dismissing the action or proceeding or an' part thereof) or rendering a 5udgment b' default against the disobedient part'A and In lieu of an' of the foregoing orders or in addition
$b%
$c%
$d%

thereto) an order directing the arrest of an' part' or agent of a part' for disobe'ing an' of such orders except an order to submit to a ph'sical or mental examination. $3% 7-C. >.:. EC;1n616 2n >1356a0 /2 a,?./. = If a reBuested part') after being ser ed with a reBuest to admit the genuineness of an' document or the truth of an' matter of fact under Rule : of Title IJ) ser es a sworn denial thereof but the reBuesting part' thereafter pro es otherwise) the reBuesting part' ma' appl' to the court for an order reBuiring the reBuested part' to pa' the reasonable expenses incurred in making such proof) including attorne'9s fees. The court shall issue the order unless it finds that there were good reasons for the denial or that admissions sought were of no substantial importance. $:a% 7-C. >.;. Fa.05>1 23 ;a>/< /2 a//1n, 2> 61>91 an6@1>6. = If a part' or an officer or managing agent of a part' willfull' fails to appear before the officer who is to take his or her deposition) the ad erse part' ma' file a motion pra'ing that the trial court strike out all or an' part of an' pleading of that part') or dismiss the action or proceeding or an' part thereof) or enter a 5udgment b' default against that part') and in its discretion) order him or her to pa' reasonable expenses incurred b' the other) including attorne'9s fees. The other part' shall ha e fifteen $1;% da's to file his or her comment. ,nd the court shall resol e the motion within fifteen $1;% da's from receipt of the comment or the lapse of the period to file the same. $;a% 7-C. >.<. S57;21na. = If the go ernment emplo'ee or official) or the reBuested witness) who is neither the witness of the ad erse part' nor a hostile witness) un5ustifiabl' declines to execute a deposition or refuses without 5ust cause to make the rele ant books) documents) or other things under his or her control a ailable for cop'ing) authentication) and e entual production in court) the reBuesting part' ma' a ail himself of the issuance of a subpoena a, /16/.3.can,5? or ,5c16 /1c5?) without pre5udice to an' administrati e action that ma' be taken against such emplo'ee or official) or reBuested witness) under the rules on subpoena. $n% 7-C. >.6. EC;1n616 a:a.n6/ /41 R1;570.c 23 /41 P4.0.;;.n16. = -xpenses and attorne'9s fees are not to be imposed upon the Republic of the !hilippines under this Rule. $<%
90

TITLE !I: REG(L R ND SPECI L +OTIONS Rule # +OTIONS %R#1& 7-CTI8N 1.1. M2/.2n ,13.n1,. = , motion is an application for relief while an action is pending and until the proceedings are terminated. $1a% 7-C. 1.2. M2/.2n6 ?56/ 71 .n @>./.n:. = ,ll motions shall be in writing except those made in open court or in the course of a hearing or trial. $2% 7-C. 1.3. C2n/1n/6. = , motion shall state the relief being sought and the grounds upon which it is based) and if reBuired b' these Rules or necessar' to pro e the alleged facts) shall be accompanied b' supporting 5udicial affida its and other papers. 2ailure to do so shall be deemed a wai er of their submission. $3a% 7-C. 1.:. $1a>.n: 23 ?2/.2n ,.6c>1/.2na><. ? No hearing on a written motion shall be permitted unless the court) at its discretion) reBuires it to resol e factual issues. In lieu of a hearing) e er' motion shall be sub5ect to comment or opposition to be filed and ser ed b' the ad erse part' to the mo ant within a non1extendible period of fifteen $1;% da's from receipt of the motion without need of a court order. No repl' shall be filed unless so ordered b' the court. The motion shall be deemed submitted for resolution after the filing of the last reBuired pleading or the lapse of the period to file the same. $n% 7-C. 1.;. P>223 23 61>9.c1 an, 1C;.>a/.2n 23 /.?1 /2 3.01 c2??1n/ 2> 2;;26./.2n n1c166a><. = No written motion shall be acted upon b' the court without proof of ser ice thereof and until the time within which to file comment or opposition expires. - er' motion) comment) and such other pleading allowed b' the court shall be accompanied b' proof of ser ice as referred to in 7ection 1:.1: of Title III. $n% 7-C. 1.<. O?n.756 ?2/.2n. = , motion attacking a pleading) order) 5udgment) or proceeding shall include all ob5ections then a ailable) and all

ob5ections not so included shall be deemed wai ed. No written motion shall be allowed to be filed after the commencement of the trial on the merits) unless with lea e of court and upon 5ustifiable grounds. $>a% 7-C. 1.6. Man,a/2>< ;1>.2, /2 >162091 ?2/.2n. = ,ll motions alread' filed shall be resol ed before the commencement of the face1to1face trial. $n% 7-C. 1.>. M2/.2n 32> >1c2n6.,1>a/.2n 23 an .n/1>02c5/2>< 2>,1>. E , motion for reconsideration on an interlocutor' order shall be filed within fifteen $1;% da's from receipt of the order) howe er the filing thereof shall not suspend the trial of the case. $n% 7-C. 1.=. M2/.2n 32> 01a91. = , motion for lea e to file a pleading or motion shall be accompanied b' the pleading or motion sought to be admitted. $=% Rule * INTER!ENTION %R#.& 7-CTI8N 2.1. (42 ?a< .n/1>91n1. = , person who has a legal interest in the matter in litigation) or in the success of either of the parties) or an interest against both) or is so situated as to be ad ersel' affected b' a distribution or other disposition of propert' in the custod' of the court or of an officer thereof ma') upon motion) be allowed to inter ene in the action. The court shall consider whether or not the inter ention will undul' dela' or pre5udice the ad5udication of the rights of the original parties) and whether or not the inter enorGs rights ma' be full' protected in a separate proceeding. $1a% 7-C. 2.2. T.?1 /2 .n/1>91n1. = The motion to inter ene ma' be filed at an' time before rendition of 5udgment b' the trial court. , cop' of the pleading1in1inter ention) together with the corresponding 5udicial affida its of the witnesses of the mo ant1inter enor) shall be attached to the motion and ser ed on the original parties. The original parties ma' file their respecti e comments within fifteen $1;% da's from receipt of the motion to inter ene) the pleading1in1 inter ention and its accompan'ing 5udicial affida its. The inter enor ma'
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file a repl' within a non1extendible period of fifteen $1;% da's from receipt of the comment. The court shall resol e the motion within fifteen $1;% da's from the expiration of the period to file the last applicable responsi e pleading. $2a% 7-C. 2.3. P01a,.n:6*.n*.n/1>91n/.2n. = The inter enor shall file a complaint1in1inter ention if he or she or she asserts a claim against either or all of the original parties) or an answer1in1inter ention if he or she or she unites with the defending part' in resisting a claim against the latter. $3% 7-C. 2.:. R16;2n6.91 ;01a,.n:6. = The answer to the complaint1in1 inter ention shall be filed within thirt' $34% da's from notice of the order admitting the same) unless a longer period is fixed b' the court. , repl' ma' be filed within thirt' $34% da's from notice of the order admitting the answer1in1inter ention) unless a longer period is fixed b' the court. $:% R(LE $ NOTICE OF LIS PENDENS %N& SECTION $"#" Notice of lis pendens" B In an action affecting the title or the right of possession of real propert') the 5laintiff or the defendant ma' record in the office of the registr' of deeds of the pro ince in which the propert' is situated e parte a notice of the pendenc' of the action when an affirmati e relief is claimed in the answer. 7aid notice shall contain the names of the parties and the ob5ect of the action or defense) and a description of the affected propert' in that pro ince. 8nl' from the time of filing such notice for record shall a purchaser) or encumbrancer of the affected propert' be deemed to ha e constructi e notice of the pendenc' of the action) and onl' of its pendenc' against the parties designated b' their real names. %#0a= R#$& SEC" $"*" Notice (e'uirement" L In a55l:in7 for a notice of lis 5endens= the a55licant shall 8e re6uired to su89it a co5: of the a55lication to the adverse 5art: and the re7istered o@ner of the affected 5ro5ert:" %n& 7-C. 3.3. Canc100a/.2n. E ,fter notice and hearing) the notice of lis pendens ma' be cancelled onl' upon order of the court) after the filing of a motion with accompan'ing 5udicial affida its showing that the notice is for

the purpose of molesting the ad erse part') or that it is not necessar' to protect the rights of the part' who caused it to be recorded. ,t an' time after final 5udgment in fa or of the defendant) or other disposition of the action such as to terminate finall' all rights of the plaintiff in and to the land) buildings andHor other impro ements in ol ed) in an' case in which a memorandum or notice of lis pendens has been registered as pro ided in this rule) the notice of lis pendens shall be deemed cancelled upon the registration of a certificate of the clerk of court in which the action or proceeding was pending stating the manner of disposal thereof. $,dapted from the !residential 3ecree No. 1;2=@ The !ropert' Registration 3ecree% $1:a) R13% Rule 0 S(SPENSION ND RC2I! L OF CTIONS %N& 7-CTI8N. :.1. M2/.2n 32> 656;1n6.2n 2> a>c4.9a0. = The court ma') upon motion) order that the case be suspended or archi ed when $a% the parties are in the process of settlement) or $b% the parties so agree. The court) ?2/5 ;>2;>.2 or upon motion) ma' order the re i al of the case for trial when there is no more compelling reason to prolong the suspension or archi al of the case. The suspension or archi al of an action shall be for a non1extendible period of six $<% months. The non1re i al of the action within three $3% months from the expiration of the period of archi al shall) .;62 3ac/2) result in the dismissal of the case without pre5udice. 7-C. :.2. In85nc/.91 >10.13 3>2? 4.:41> c25>/. = "hen an in5uncti e order is issued b' a higher court restraining the proceedings) the case shall be archi ed until the in5uncti e order is dissol ed. The trial court shall then re i e the case ?2/5 ;>2;>.2 or upon motion of an' part'. Rule 1 DIS+ISS L OF CTION C, RESPONDENT %R#3& 7-CTI8N. ;.1. A33.>?a/.91 ,131n616. = , complaint or other initiator' pleading asserting a claim ma' be dismissed onl' on the following grounds) which shall be pleaded as affirmati e defenses in the answer@ $a% the court has no 5urisdiction o er the person of the
94

defendant not arising from lack or improper ser ice of summonsA $b% $c% $d% $e% $f% the court has no 5urisdiction o er the sub5ect matter of the claimA enue is improperl' laidA the plaintiff has no legal capacit' or personalit' to sueA a condition precedent for filing the claim has not been complied withA the complaint or the initiator' pleading asserting a claim fails to state with sufficient definiteness and particularit' the cause of action that will enable the defending part' to properl' prepare a responsi e pleadingA the complaint or the initiator' pleading fails to state a cause of actionA there is another action pending between the same parties for the same causeA the cause of action is barred b' a prior 5udgmentA the ci il action or liabilit' has prescribed in accordance with the pro isions on the statute of limitationsA the claim set forth has been paid) wai ed) abandoned) or otherwise extinguishedA or the contract upon which the action is founded is unenforceable under the pro isions of the statute of frauds.
$g% $h% $i% $5% $k% $l%
The defendant seeking dismissal of the complaint or initiator' pleading shall include a discussion of the supporting legal arguments and attach the needed 5udicial affida its) if factual issues are in ol ed. ,ll grounds not raised shall be deemed wai ed and fore er barred. The claimant shall incorporate his or her or her comment on the affirmati e defenses in his or her or her repl' within fifteen $1;% da's from receipt of the answer. $n% SEC" 1"*" G>25n,6 n2/ a002@1, 32> 25/>.:4/ ,.6?.66a0. G ,lthough $a% lack or improper ser ice of summonsA or $b% insufficient pa'ment of docket and other legal fees ma' be pleaded as affirmati e defenses these are not considered grounds for outright dismissal of actions.

If the court determines that there is lack or improper ser ice of summons) the court shall order compliance with the rules on ser ice of summons. ,nd if the court determines that there is insufficient pa'ment of docket and other legal fees reBuired at the commencement of the action) it shall gi e the plaintiff a period of fifteen $1;% da's from receipt of the order within which to compl' with the Rules. 2ailure to do so shall be a ground for immediate dismissal of the action without pre5udice. $n% 7-C. ;.3. $1a>.n: ,.6c>1/.2na><. = No hearing on the pra'er for dismissal based on the affirmati e defenses shall be permitted unless necessar' for reception of e idence or to clarif' factual issues. If the court orders a setting of a hearing) it shall be within fifteen $1;% da's from the date of issuance of the order. - idence presented during the hearing shall automaticall' be part of the e idence of the part' presenting the same. $n% 7-C. ;.:. O>,1>. = "ithin fifteen $1;% da's from the receipt of the repl' or the expiration of the period to file the same) the court shall issue an order@ $a% $b% $c% $d% dismissing the action outrightA reBuiring compliance with the pro isions of 7ection ;.2 of this RuleA setting a hearing for the reception of e idence or a clarificator' hearing on the affirmati e defensesA or reBuiring the parties to file their respecti e memoranda on the affirmati e defenses within a non1extendible period of thirt' $34% da's from receipt of the order. $n%
7-C. ;.;. R16205/.2n. = &pon termination of the hearing or upon submission of the memoranda) the court ma' dismiss the action or den' the pra'er for dismissal and proceed to trial. In e er' case) the resolution shall state clearl' and distinctl' the facts and the law upon which the resolution is based. $3a% 7-C. ;.<. E331c/ 23 ,.6?.66a0. = 7ub5ect to the right of appeal) dismissal of an action based on paragraphs $h%) $i%) $5%) $k%) and $l% of 7ection 1 of this Rule shall bar the refiling of the same action or claim. The dismissal of the complaint under this Rule shall be without pre5udice to the prosecution in the same action of a counterclaim pleaded in
96

the answer. $; and <% 7-C. ;.6. D.6?.66a0 ,51 /2 3a50/ 23 ;0a.n/.33. = If for no 5ustifiable cause) the plaintiff fails to present at least one witness during the pre1agreed face1to1face trial or to prosecute his or her action for an unreasonable length of time) or to compl' with these Rules or an' order of the court) the complaint ma' be dismissed upon motion of the defendant or upon the court9s own motion) without pre5udice to the right of the defendant to prosecute his or her counterclaim in the same or in a separate action. This dismissal shall ha e the effect of an ad5udication upon the merits) unless otherwise declared b' the court. $3) R16% Rule 3 DIS+ISS L OF CTION C, PETITIONER %R#)& 7-CTI8N <.1. D.6?.66a0 5;2n n2/.c1 7< ;0a.n/.33 ? , complaint ma' be dismissed .;62 3ac/2 upon the instance of the plaintiff b' filing a notice of dismissal at an' time before ser ice of the answer. &pon receipt of such notice) the court shall issue an order confirming the dismissal. The dismissal shall be without pre5udice unless otherwise stated in the notice. , notice) howe er) operates as an ad5udication upon the merits when filed b' a plaintiff who has once dismissed in a competent court an action based on or including the same claim. $1% 7-C. <.2. D.6?.66a0 5;2n ?2/.2n 23 ;0a.n/.33. = -xcept as pro ided in the preceding section) a complaint or initiator' pleading shall not be dismissed at the plaintiff9s instance sa e upon appro al of the court and upon such terms and conditions as the court deems proper. If counterclaims are pleaded in the answer filed b' the defendant prior to the ser ice of the plaintiff9s motion for dismissal) the dismissal shall be limited to the complaint. The dismissal shall be without pre5udice to the right of the defendant to prosecute an' and all counterclaims in the same action unless within fifteen $1;% da's from notice of the motion) the defendant manifests preference to ha e the counterclaims resol ed in a separate action. &nless otherwise specified in the order) a dismissal under this paragraph shall be with pre5udice.

, class suit shall not be dismissed or compromised without the appro al of the court. $2a% 7-C. <.3. D.6?.66a0 23 c25n/1>c0a.?) c>266*c0a.?) 2> /4.>,*;a>/< c2?;0a.n/. = This Rule shall appl' to the dismissal of an' counterclaim) cross1claim) or third1part' complaint. , oluntar' dismissal b' the claimant b' notice as in 7ection <.1 of this Rule) shall be made before a responsi e pleading or a motion for summar' 5udgment or 5udgment on the pleadings is ser ed or) if there is none) before the commencement of the face1to1face trial. $:% Rule ) '(DG+ENTS CEFORE TRI L %R$0 ND R$1& SEC" )"#" S5??a>< 85,:?1n/ 7132>1 />.a0. = , part' seeking to reco er upon a claim) counterclaim) or cross1claim or to obtain a declarator' relief ma') at an' time before trial but after the pleading in answer thereto has been ser ed) mo e for summar' 5udgment in his or her fa or) upon all or an' part thereof. The ad erse part' ma' submit additional 5udicial affida its) depositions or admissions in support of his or her motion. $1a and 2a) R3;% SEC" )"*" S5??a>< 85,:?1n/ 7132>1 c2nc056.2n 23 />.a0. = If in the course of trial) 5udicial admissions are made b' an' part') and on the basis thereof) there are no longer an' genuine issues as to material facts except as to the amount of damages and the ad erse part' is entitled to a 5udgment as a matter of law) a motion for summar' 5udgment ma' likewise be filed. $n% SEC" )"$" M2/.2n an, ;>2c11,.n:6 /41>12n. = The ad erse part' ma' oppose the motion and submit supporting 5udicial affida its) depositions) or admissions at least fifteen $1;% da's from receipt of the motion and its annexes. The 5udgment sought shall be rendered if the pleadings) supporting 5udicial affida its) depositions) and admissions on file show that) except as to the amount of damages) there is no genuine issue as to an' material fact and that the mo ing part' is entitled to a 5udgment as a matter of law. $3a) R3;% SEC" )"0" Ca61 n2/ 3500< a,85,.ca/1, 2n ?2/.2n. = If on motion under this Rule) 5udgment is not rendered upon the whole case or for all the reliefs sought and a trial is necessar') the court at the hearing of the motion)
98

b' examining the pleadings and the e idence before it and b' interrogating the counsel of the parties) shall ascertain which material facts exist without substantial contro ers' and those which are actuall' and in good faith contro erted. The court shall thereupon make an order specif'ing the facts that appear without substantial contro ers') including the extent to which the amount of damages or other relief is not in contro ers') and direct such further proceedings in the action as are 5ust. The uncontro erted facts shall be deemed established and trial shall proceed with respect to the contro erted facts. $:) R3;%

TITLE !II: PRO!ISION L RE+EDIES Rule # GENER L PROCED(RE %N& 7-CTI8N 1.1. &.n,6 23 ;>29.6.2na0 >1?1,.16. ? !ro isional remedies consist of applications for the issuance of@ $a% writ of preliminar' attachmentA $b% writ of preliminar' in5unctionA $c% recei ershipA $d% writ of reple inA and $e% 65;;2>/ ;1n,1n/1 0./1. The' shall follow a uniform procedure as prescribed herein) sub5ect to the conditions pro ided in Rules 2 to < of this Title. $n% 7-C. 1.2. In/1>.? ;>29.6.2na0 2>,1>. = !ending consideration of the application for the issuance of a pro isional remed') the court ma' issue a twent' $24%1da' interim pro isional order as pro ided in this Rule. 7-C. 1.2. A;;0.ca/.2n 32> ;>29.6.2na0 >1?1,.16. ? , part' ma') through a erified application) seek the issuance of a pro isional remed' or an interim pro isional order@ a% upon filing a complaint or initiator' pleading at the commencement of the action) or b% at an' time before entr' of 5udgment. In all cases= the a55lication shall state the 7rounds relied u5on and acco95anied 8:: a& the re6uire9ents of the 5articular 5rovisional re9ed: a55lied for as 5rovided in Rules * to 3 of this Title= 8& the su55ortin7 >udicial affidavits= and c& an undertaEin7= if re6uired= to 5ost 8ond= the a9ount of @hich is to 8e deter9ined 8: the court. $n% 7-C. 1.3. P>.2> 2> c2n/1?;2>an1256 61>9.c1 23 65??2n6. ? "hen a complaint filed in a multi1sala court includes an application for the issuance of a pro isional remed' or an interim pro isional order) the case shall be raffled onl' after a notice of raffle is dul' ser ed to the ad erse part'. The executi e 5udge shall) within fort'1eight hours $:>% hours from the filing of the complaint) cause the ser ice of such notice which shall be preceded or accompanied b' a% the summons) b% a cop' of the complaint or initiator' pleading) and c% the supporting 5udicial affida its. "here the summons could not be ser ed personall' or b' substituted ser ice despite diligent efforts) or the ad erse part' is a resident of but temporaril' absent from the !hilippines or is a non1resident of the !hilippines) the reBuirement of prior
100 FIRST DRAFT OF 2013 REVISED RULES OF CIVIL PROCEDURE

or contemporaneous ser ice of summons shall not appl'. 55lications for the issuance of the @rit of attach9ent or re5levin or an interi9 5rovisional order of attach9ent or re5levin 9a: 8e 7ranted either e parte or after hearin7= at the courts discretion" In case the a55lication is 7ranted e parte= the service of a notice of raffle is not necessar: 8efore the raffle of the case" 2o@ever= the service of: a& the su99ons= 8& a co5: of the co95laint or initiator: 5leadin7= c& the su55ortin7 >udicial affidavits= d& thea55lication for 5reli9inar: attach9ent or re5levin= e& the 8ond and f& the order is re6uired after the a55lication for the issuance of an interi9 5rovisional order of attach9ent or re5levin is 7ranted 8ut 8efore such order 8eco9es effective and enforcea8le. $n% 7-C. 1.:. P1>.2, 32> >16209.n: a;;0.ca/.2n 32> .n/1>.? ;>29.6.2na0 2>,1>. = The court) to which the application for a pro isional remed' was made) ma' issue an interim pro isional order effecti e for a period of twent' $24% da's from ser ice on the ad erse part'. The court shall decide the application for an interim pro isional order within fort'1eight $:>% hours from receipt of the records of the case but if none is issued within such period) the application is deemed denied. $n% 7-C. 1.;. E9.,1n/.a>< 41a>.n:. = If an interim pro isional order is granted) the court shall notif' the parties of an e identiar' hearing where the applicant shall show with supporting 5udicial affida its the grounds relied upon b' the application for the pro isional remed' and where the ad erse part' shall show with supporting 5udicial affida its wh' the application should be denied. 3uring the e identiar' hearing) the court) in its discretion) ma' ask the parties to gi e opening statements and ma') upon completion of the presentation of e idence b' both parties) hear the parties on oral arguments. 8therwise) the application for the pro isional remed' is deemed submitted for resolution. The 5resentation of evidence and resolution of the a55lication for a 5rovisional re9ed: shall 8e 9ade durin7 the t@ent: %*-&Jda: 5eriod of effectivit: of the interi9 5rovisional order" The 5arties should 8e 7iven sufficient ti9e to 5resent their res5ective evidence" If necessar: the evidentiar: hearin7 shall 8e conducted in the 9ornin7 and afternoon of the hearin7 da:s" ll evidence 5resented 8: a 5art: durin7 the evidentiar: hearin7 shall auto9aticall: for9 5art of his or her
NATIONAL CONFERENCE FOR THE REVISION OF THE RULES OF CIVIL PROEDURE

101
evidence in chief. If no interi9 5rovisional order is 7ranted= the sa9e 5rocedure shall 8e follo@ed" The 5eriod to hear and resolve the a55lication shall= ho@ever= 8e t@ent:Jt@o %**& da:s fro9 the courts recei5t of the records. $n% 7-C. 1.<. EC;.>a/.2n 23 /41 /1?;2>a>< ;>29.6.2na0 2>,1>. = If the application for a pro isional remed' is denied or not resol ed within the twent' $24%1da' period) the interim pro isional order is automaticall' acated. The effecti it' of an interim pro isional order is not extendible without need of an' 5udicial declaration to that effect. No court shall ha e the authorit' to extend or renew the same on the same ground for which it was issued. $n% 7-C. 1.6. R16205/.2n 23 /41 ca61. = If a pro isional remed' is issued) the court shall decide the main case or petition within six $<% months from its issuance thereof. The failure to resol e the case within the said period will not dissol e the pro isional remed'. $n% 7-C. 1.>. A;;2.n/?1n/ 23 a66.6/.n: 641>.33. = The applicant ma' ask the court to deputi0e an assisting sheriff) who is a regularl' appointed sheriff assigned to a court other than the court issuing the temporar' pro isional order or pro isional remed'. 8nce the motion to deputi0e an assisting sheriff is granted) the guidelines for the implementation of the interim pro isional order or pro isional remed' will be attached to the court9s order. (egal fees shall be assessed and collected for the deputi0ation of an assisting sheriff. $n% Rule * PRELI+IN R, TT C2+ENT %R1)& SECTION *"#" G>25n,6 5;2n @4.c4 a//ac4?1n/ ?a< .6651. = The 5laintiff or an' proper part' ma' ha e the propert' of the ad erse part' attached as securit' for the satisfaction of an' 5udgment that ma' be reco ered in the following cases@ $a% In an action for the reco er' of a specified amount of mone' or damages) other than moral and exemplar') on a cause of action arising from law) contract) Buasi1contract)

delict or Buasi1delict against a part' who is about to depart from the !hilippines with intent to defraud his or her creditors or obligeeA $b% In an action for mone' or propert' embe00led or fraudulentl' misapplied or con erted to his or her own use b' a public officer) or an officer of a corporation) or an attorne') factor) broker) agent) or clerk) in the course of his or her emplo'ment as such) or b' an' other person in a fiduciar' capacit') or for a willful iolation of dut'A In an action to reco er the possession of propert' un5ustl' or fraudulentl' taken) detained or con erted) when the propert') or an' part thereof has been concealed) remo ed) or disposed of to pre ent its being found or taken b' the applicant or an authori0ed personA In an action against a part' who has been guilt' of fraud in contracting the debt or incurring the obligation upon which the action is brought) or in the performance thereofA In an action against a part' who has remo ed or disposed of his or her propert') or is about to do so) with intent to defraud his or her creditorsA or In an action against a part' who does not reside and is not found in the !hilippines) or on whom summons ma' be ser ed b' publication. $1a%
$c%
$d%
$e%
$f%
SEC" *"*" I665anc1 an, c2n/1n/6 23 2>,1>. = ,n order of attachment ma' be issued in accordance @ith Section #"$ of this Title b' the court in which the action is pending) or b' the Court of ,ppeals or the 7upreme Court. The order must reBuire the sheriff of the court to attach so much of the propert' in the !hilippines of the part' against whom it is issued) not exempt from execution) as ma' be sufficient to satisf' the applicantGs demand unless such part' makes a deposit or posts a bond in an amount eBual to that fixed in the order) which ma' be the amount sufficient to satisf' the applicantGs demand or the alue of the propert' to be attached as stated b' the applicant) exclusi e of costs. 7e eral writs ma' be issued at the same time to the sheriffs of the courts of different 5udicial regions. $2a% SEC" *"$" )udicial a33.,a9./ an, 72n, >1A5.>1,. = ,n order of

103
attachment shall be granted onl' when it appears b' the >udicial affida it of the applicant) or of some other person who personall' knows the facts) that@ $a% $b% $c% $d% a sufficient cause of action existsA the case is one of those mentioned in 7ection 2.1 of this RuleA there is no other sufficient securit' for the claim sought to be enforced b' the actionA and the amount due to the applicant) or the alue of the propert' the possession of which he or she or she is entitled to reco er) is as much as the sum for which the order is granted abo e all legal counterclaims.
The >udicial affida it and the bond reBuired b' the next succeeding section must be filed with the court before the order issues. %$a& SEC" *"0" C2n,./.2n 23 a;;0.can/H6 72n,. = The part' appl'ing for the order must thereafter 5ost a bond executed to the ad erse part' in the amount fixed b' the court in its order granting the issuance of the writ. The bond is conditioned u5on the a55licants 5a:9ent of all the costs which ma' be ad5udged to the ad erse part' and all the damages sustained b' reason of the attachment) if the court finds that the applicant was not entitled thereto. $:% SEC" *"1" Mann1> 23 a//ac4.n: ;>2;1>/<. = The sheriff enforcing the writ shall without dela' and with all reasonable diligence attach) to await 5udgment and execution in the action) onl' so much of the propert' in the !hilippines of the part' against whom the writ is issued) not exempt from execution) as ma' be sufficient to satisf' the applicantGs demand) unless the former makes a deposit with the court which issued the writ) or gi es a counter1bond executed to the applicant) in an amount eBual to the bond fixed b' the court in the order of attachment or to the alue of the propert' to be attached) exclusi e of costs. The re6uire9ent of 5rior or conte95oraneous service of su99ons shall not a55l: @here the su99ons could not 8e served 5ersonall: or 8: su8stituted service des5ite dili7ent efforts= or the defendant is a resident of the Phili55ines te95oraril: a8sent therefro9= or the defendant is a nonJresident of the Phili55ines= or the action is one

in re9 or 6uasi in re9" $;a% SEC" *"3" S41>.33H6 >1/5>n. = ,fter enforcing the writ) the sheriff shall) without dela') make a return to the court which issued the writ) with a full statement of his or her proceedings under the writ and a complete in entor' of the propert' attached) together with an' counter1bond gi en b' the part' against whom attachment is issued) and ser e copies thereof on the applicant. $<% SEC" *")" A//ac4?1n/ 23 >1a0 an, ;1>62na0 ;>2;1>/<B >1c2>,.n: /41>123. = Real and personal propert' shall be attached b' the sheriff executing the writ in the following manner@ $a% R1a0 ;>2;1>/<. Real propert') or growing crops thereon) or an' interest therein) standing upon the records of the registr' of deeds of the cit' or pro ince in the name of the part' against whom the attachment is issued) or not appearing at all upon such records) or belonging to the part' against whom attachment is issued and held b' an' other persons or standing on the records of the registr' of deeds in the name of an' other person) b' filing with the registr' of deeds a cop' of the order) together with a description of the propert' attached) and a notice that it is attached) or that such real propert' and an' interest therein held b' or standing in the name of such other person are attached) and b' lea ing a cop' of such order) description) and notice with the occupant of the propert') if an') or with such other person or his or her agent if found within the pro ince. "here the propert' has been brought under the operation of either the (and Registration ,ct or the !ropert' Registration 3ecree) the notice shall contain a reference to the number of the certificate of title) the olume and page in the registration book where the certificate is registered) and the registered owner or owners thereof. The registrar of deeds shall index attachments filed under this section in the names of the applicant) the ad erse part') or the person b' whom the propert' is held or in whose name it stands in the records. If the attachment is not claimed on the entire area of the land co ered b' the certificate of title) a description sufficientl' accurate for

105
the identification of the land or interest to be affected shall be included in the registration of such attachmentA $b% P1>62na0 ;>2;1>/<. !ersonal propert' capable of manual deli er') b' taking and safel' keeping it in his or her custod') after issuing the corresponding receipt thereforA S/2cE6 2> 64a>16. 7tocks or shares) or an interest in stocks or shares) of an' corporation or compan') b' lea ing with its president) managing agent or corporate secretar' a cop' of the writ and a notice stating that the stock or interest of the part' against whom the attachment is issued is attached in pursuance of such writA D17/6 an, c>1,./6. 3ebts and credits) including bank deposits) financial interest) ro'alties) commissions and other personal propert' not capable of manual deli er') b' lea ing with the person owing such debts or ha ing in his or her possession or under his or her control such credits or other personal propert' or with his or her agent a cop' of the writ) and notice that the debts owing b' him or her to the part' against whom attachment is issued) and the credits and other personal propert' in his or her possession or under his or her control) belonging to said part' are attached in pursuance of such writA In/1>16/6 .n an 16/a/1 23 a ,1c1,1n/. The interest of the part' against whom attachment is issued in an' propert' belonging to the estate of the decedent) whether as heir) legatee) or de isee) b' ser ing the executor or administrator or other personal representati e of the decedent with a cop' of the writ and notice that said interest is attached. , cop' of said writ of attachment and notice shall also be filed in the office of the clerk the court in which said estate is being settled and ser ed upon the heir) legatee or de isee concerned.
$c%
$d%
$e%
If the propert' sought to be attached is in c56/2,.a 01:.6) a cop' of the writ of attachment shall be filed with the proper court or Buasi15udicial agenc') and notice of the attachment ser ed upon the custodian of such propert'. $6% SEC" *"4" E331c/ 23 a//ac4?1n/ 23 ,17/6) c>1,./6 an, a00 2/41> 6.?.0a>

;1>62na0 ;>2;1>/<. = ,ll persons ha ing in their possession or under their control an' credits or other similar personal propert' belonging to the part' against whom attachment is issued) or owing an' debts to him) at the time of ser ice upon them of the cop' of the writ of attachment and notice as pro ided in the last preceding section) shall be liable to the applicant for the amount of such credits) debts or other similar personal propert') until the attachment is discharged or an' 5udgment reco ered b' him or her is satisfied) unless such propert' is deli ered or transferred or such debts are paid to the clerk) sheriff) or other proper officer of the court issuing the attachment. $>% SEC" *"." E331c/ 23 a//ac4?1n/ 23 .n/1>16/ .n ;>2;1>/< 7102n:.n: /2 /41 16/a/1 23 a ,1c1,1n/. = The attachment of the interest of an heir) legatee) or de isee in the propert' belonging to the estate of a decedent shall not impair the powers of the executor) administrator) or other personal representati e of the decedent o er such propert' for the purpose of administration. 7uch personal representati e) howe er) shall report the attachment to the court when an' petition for distribution is filed) and in the order made upon such petition) distribution ma' be awarded to such heir) legatee) or de isee) but the propert' attached shall be ordered deli ered to the sheriff making the le ') sub5ect to the claim of such heir) legatee) or de isee) or an' person claiming under him. $=% SEC" *"#-" -xamination of part' whose propert' is attached and persons indebted to him or her or controlling his or her propert'A deli er' of propert' to sheriff. ? ,n' person owing debts to the part' whose propert' is attached or ha ing in his or her possession or under his or her control an' credit or other personal propert' belonging to such part') ma' be reBuired to attend before the court in which the action is pending or before a commissioner appointed b' the court and be examined under oath respecting the same. The part' whose propert' is attached ma' also be reBuired to attend for the purpose of gi ing information respecting his or her propert' and ma' be examined under oath. The court ma') after such examination) order personal propert' capable of manual deli er' belonging to him) in the possession of the person so reBuired to attend before the court) to be deli ered to the clerk of the court or sheriff on such terms as ma' be 5ust) ha ing reference to an' lien thereon or claim against the same) to await the 5udgment in the action. $14% SEC" *"##" (41n a//ac41, ;>2;1>/< ?a< 71 620, a3/1> 019< 2n

107
a//ac4?1n/ an, 7132>1 1n/>< 23 85,:?1n/. = "hene er it shall be made to appear to the court in which the action is pending) upon hearing with notice to both parties) that the propert' attached is perishable) or that the interests of all the parties to the action will be subser ed b' the sale thereof) the court ma' order such propert' to be sold at public auction in such manner as it ma' direct) and the proceeds of such sale to be deposited in court to abide the 5udgment in the action. $11% SEC" *"#*" D.6c4a>:1 23 a//ac4?1n/ 5;2n :.9.n: c25n/1>*72n,. = ,fter a writ of attachment has been enforced) the part' whose propert' has been attached or the person appearing on his or her behalf ma' mo e for the discharge of the attachment wholl' or in part on the securit' gi en. The attachin7 5art: shall have fifteen %#1& da:s fro9 recei5t of the 9otion @ithin @hich to file his or her o55osition" The court shall order the discharge of the attachment if it is satisfied that the mo ant has made a cash deposit) or has filed a counter1bond executed in fa or of the attaching part') with the clerk of the court where the application is made) in the amount eBual to that fixed b' the court in the order of attachment) exclusi e of costs. *ut if the attachment is sought to be discharged with respect to a particular propert') the counter1bond shall be eBual to the alue of that propert' as determined b' the court. In either case) the cash deposit or the counter1bond shall secure the pa'ment of an' 5udgment that the attaching part' ma' reco er in the action. , notice of the deposit shall forthwith be ser ed on the attaching part'. &pon the discharge of an attachment in accordance with the pro isions of this section) the propert' attached) or the proceeds of an' sale thereof) shall be deli ered to the part' making the deposit or gi ing the counter1bond) or to the person appearing on his or her behalf) the deposit or counter1bond aforesaid standing in place of the propert' so released. 7hould such counter1bond for an' reason be found to be or become insufficient) and the part' furnishing the same fail to file an additional counter1bond) the attaching part' ma' appl' for a new order of attachment. $12a% SEC" *"#$" D.6c4a>:1 23 a//ac4?1n/ 2n 2/41> :>25n,6. = The part' whose propert' has been ordered attached ma' file a motion) @ithout the need of a hearin7= with the court in which the action is pending) before or after le ' or e en after the release of the attached propert') for an order to set aside or discharge the attachment on the ground that the same was improperl' or irregularl' issued or enforced) or that the bond is insufficient. If the 9otion is 9ade on >udicial affidavits on the 5art of the

9ovant= @ithin fifteen %#1& da:s fro9 recei5t of the 9otion to dischar7e= the attachin7 5art: 9a: file its o55osition or co99ent @ith >udicial counterJaffidavits in addition to that on @hich the attach9ent @as 9ade" Thereafter= @ithin fifteen %#1& da:s fro9 the filin7 of the o55osition or co99ent or fro9 the e<5iration of the 5eriod to file the sa9e= the court shall order the dischar7e of the attach9ent if it a55ears that it @as i95ro5erl: or irre7ularl: issued or enforced= the 8ond is insufficient= or the attach9ent is e<cessive= and the defect is not cured forth@ith" If the attachment is excessi e) the discharge shall be limited to the excess. The court) in the exercise of its discretion) ma' set the motion for hearing if factual issues are in ol ed or a clarificator' hearing is necessar'. The hearing shall be set within fifteen $1;% da's from the filing of the comment or opposition and the 5udicial counter1affida its b' the part' in whose fa or the writ of attachment was issued $13a% SEC" *"#0" P>2c11,.n:6 @41>1 ;>2;1>/< c0a.?1, 7< /4.>, ;1>62n. = If the propert' attached is claimed b' an' person other than the part' against whom attachment had been issued or his or her agent) and such person makes an affida it of his or her title thereto) or right to the possession thereof) stating the grounds of such right or title) and ser es such affida it upon the sheriff while the latter has possession of the attached propert') and a cop' thereof upon the attaching part') the sheriff shall not be bound to keep the propert' under attachment) unless the attaching part' or his or her agent) on demand of the sheriff) shall file a bond appro ed b' the court to indemnif' the third1part' claimant in a sum not less than the alue of the propert' le ied upon. In case of disagreement as to such alue) the same shall be decided b' the court issuing the writ of attachment. No claim for damages for the taking or keeping of the propert' ma' be enforced against the bond unless the action therefor is filed within one hundred twent' $124% da's from the date of the filing of the bond. The sheriff shall not be liable for damages for the taking or keeping of such propert' to an' such third1part' claimant if such bond shall be filed. Nothing herein contained shall pre ent such claimant or an' third person from indicating his or her claim to the propert') or pre ent the attaching part' from claiming damages against a third1part' claimant who filed a fri olous or plainl' spurious claim) in the same or a separate action. "hen the writ of attachment is issued in fa or of the Republic of the !hilippines) or an' officer dul' representing it) the filing of such bond shall

109
not be reBuired) and in case the sheriff is sued for damages as a result of the attachment) he or she or she shall be represented b' the 7olicitor #eneral) and if held liable therefor) the actual damages 5udged b' the court shall be paid b' the National Treasurer out of the funds to be appropriated for the purpose. $1:% SEC" *"#1" Sa/.63ac/.2n 23 85,:?1n/ 25/ 23 ;>2;1>/< a//ac41,B >1/5>n 23 641>.33. = If 5udgment be reco ered b' the attaching part' and execution issues thereon) the sheriff ma' cause the 5udgment to be satisfied out of the propert' attached) if it be sufficient for that purpose in the following manner@ $a% *' pa'ing to the 5udgment obligee the proceeds of all sales of perishable or other propert' sold in pursuance of the order of the court) or so much as shall be necessar' to satisf' the 5udgmentA If an' balance remains due) b' selling so much of the propert') real or personal) as ma' be necessar' to satisf' the balance) if enough for that purpose remain in the sheriff9s hands) or in those of the clerk of the courtA *' collecting from all persons ha ing in their possession credits belonging to the 5udgment obligor) or owing debts to the latter at the time of the attachment of such credits or debts) the amount of such credits and debts as determined b' the court in the action) and stated in the 5udgment) and pa'ing the proceeds of such collection o er to the 5udgment obligee.
$b%
$c%
The sheriff shall forthwith make a return in writing to the court of his or her proceedings under this section and furnish the parties with copies thereof. $1;% SEC" *"#3" Ba0anc1 ,51 c2001c/1, 5;2n an 1C1c5/.2nB 1Cc166 ,10.91>1, /2 85,:?1n/ 270.:2>. = If after reali0ing upon all the propert' attached) including the proceeds of an' debts or credits collected) and appl'ing the proceeds to the satisfaction of the 5udgment) lessthe expenses of proceedings upon the 5udgment) an' balance shall remain due) the sheriff shall proceed to collect such balance as upon ordinar' execution. "hene er the 5udgment is paid) upon reasonable demand) the sheriff shall return to the 5udgment obligor the attached propert' remaining in his or her hands) and an' proceeds of the sale of the propert' attached not applied to the 5udgment. $1<%

SEC" *"#)" R1c291>< 5;2n /41 c25n/1>*72n,. = "hen the 5udgment has become executor') the suret' or sureties on an' counter1bond gi en pursuant to the pro isions of this Rule to secure the pa'ment of the 5udgment shall become charged on such counter1bond and bound to pa' the 5udgment obligee upon demand the amount due under the 5udgment) which amount ma' be reco ered from such suret' or sureties after notice and summar' hearing in the same action. $16% SEC" *"#4" D.6;26./.2n 23 ?2n1< ,1;26./1,. = "here the part' against whom attachment had been issued has deposited mone' instead of gi ing counter1bond) it shall be applied under the direction of the court to the satisfaction of an' 5udgment rendered in fa or of the attaching part') and after satisf'ing the 5udgment the balance shall be refunded to the depositor or his or her assignee. If the 5udgment is rendered in fa or of the part' against whom attachment was issued) the whole sum deposited must be refunded to him or her or his or her assignee. $1>% SEC" *"#." D.6;26./.2n 23 a//ac41, ;>2;1>/< @41>1 85,:?1n/ .6 32> ;a>/< a:a.n6/ @42? a//ac4?1n/ @a6 .6651,. = If 5udgment be rendered against the attaching part') all the proceeds of sales and mone' collected or recei ed b' the sheriff) under the order of attachment) and all propert' attached remaining in an' such officerGs hands) shall be deli ered to the part' against whom attachment was issued) and the order of attachment discharged. $1=% SEC" *"*-" C0a.? 32> ,a?a:16 2n acc25n/ 23 .?;>2;1>) .>>1:50a> 2> 1Cc166.91 a//ac4?1n/. = ,n application for damages on account of improper) irregular or excessi e attachment must be filed before the trial or before an appeal is perfected or before the 5udgment becomes executor') with due notice to the attaching part' and his or her suret' or sureties) setting forth the facts showing his or her right to damages and the amount thereof. 7uch damages ma' be awarded onl' after proper hearing and shall be included in the 5udgment on the main case. If the 5udgment of the appellate court is fa orable to the part' against whom the attachment was issued) he or she or she must claim damages sustained during the pendenc' of the appeal b' filing an application in the appellate court) with notice to the part' in whose fa or the attachment was issued or his or her suret' or sureties) before the 5udgment of the appellate court becomes executor'. The appellate court ma' allow the application to be heard and decided b' the trial court. Nothing herein contained shall pre ent the part' against whom the

111
attachment was issued from reco ering) in the same action) the damages awarded to him or her from an' propert' of the attaching part' not exempt from execution should the bond or deposit gi en b' the latter be insufficient or fail to full' satisf' the award. $24% Rule $ PRELI+IN R, IN'(NCTION %R14& SECTION $"#" P>10.?.na>< .n85nc/.2n ,13.n1,B c0a6616. = , preliminar' in5unction is an order granted at an' stage of an action or proceeding prior to the 5udgment or final order) reBuiring a part' or a court) agenc' or a person to refrain from a particular act or acts. It ma' also reBuire the performance of a particular act or acts) in which case it shall be known as a preliminar' mandator' in5unction. $1% SEC" $"*" (42 ?a< :>an/ ;>10.?.na>< .n85nc/.2n. = , preliminar' in5unction ma' be granted b' the court where the action or proceeding is pending. If the action or proceeding is pending in the Court of ,ppeals or in the 7upreme Court) it ma' be issued b' said court or an' member thereof. $2% SEC" $"$" *atters of e treme urgency. If the 9atter is of e<tre9e ur7enc: and the a55licant @ill suffer 7rave in>ustice and?or irre5ara8le in>ur:= the e<ecutive >ud7e of a 9ulti5leJsala court or the 5residin7 >ud7e of a sin7leJsala court 9a: issue e -parte a t@ent: %*-&J da: te95orar: restrainin7 order" The issuin7 >ud7e shall= @ithin t@ent:Jfour %*0& hours fro9 the filin7 of the a55lication= serve a co5: of the te95orar: restrainin7 order si9ultaneous @ith: a& the service of su99ons= 8& the co5: of the co95laint or initiator: 5leadin7= c& the su55ortin7 >udicial affidavits= and d& the notice of the schedule of raffle 5ursuant to Section #"$ of this Title" Thereafter= the assi7ned court shall 5roceed to hear the a55lication for the 5rovisional re9ed: sou7ht for" The a55lication for the 5rovisional re9ed: shall 8e resolved 8: the court @ithin the t@ent: %*-&Jda: effectivit: 5eriod of the te95orar: restrainin7 order" %n& SEC" $"0" +rounds for issuance of preliminary in&unction. preliminar' in5unction ma' be granted when it is established that@ $a% ,
The applicant is entitled to the relief demanded) and the whole or part of such relief consists in restraining the

commission or continuation of the act or acts complained of) or in reBuiring the performance of an act or acts) either for a limited period or perpetuall'A $b% The commission) continuation or non1performance of the act or acts complained of during the litigation would probabl' work in5ustice to the applicantA or , part') court) agenc' or a person is doing) threatening) or is attempting to do) or is procuring or suffering to be done) some act or acts probabl' in iolation of the rights of the applicant respecting the sub5ect of the action or proceeding) and tending to render the 5udgment ineffectual. $3%
$c%
SEC" $"1" !erified a55lication and 8ond for 5reli9inar: in>unction or te95orar: restrainin7 order" B , preliminar' in5unction or termporar' restraining order ma' be granted onl' when@ $a% The erified application in the action or proceeding) to7ether @ith the su55ortin7 >udicial affidavits= shows facts entitling the applicant to the relief demandedA &nless exempted b' the court) the applicant files with the court where the action or proceeding is pending) a bond executed in fa or of the part' or person en5oined) in an amount to be fixed b' the court) to the effect that the applicant will pa' to such part' or person all damages which he or she or she ma' sustain b' reason of the in5unction should the court finall' decide that the applicant was not entitled thereto. &pon appro al of the reBuisite bond) a writ of preliminar' in5unction shall be issuedA "hen an application for a writ of preliminar' in5unction or a temporar' pro isional order is included in a complaint or an' initiator' pleading) the case) if filed in a multiple1sala court) shall be raffled onl' after notice to and in the presence of the ad erse part' or the person to be en5oined. Dowe er) if the part' is dul' notified and fails to appear) the raffle should proceed. In an' e ent) such notice shall be preceded) or contemporaneousl' accompanied) b' ser ice of summons) together with a
$b%
$c%

113
cop' of the complaint or initiator' pleading and the applicantGs supporting 5udicial affida it) upon the ad erse part' in the !hilippines. Dowe er) where the summons and other reBuired papers could not be ser ed personall' or b' substituted ser ice despite diligent efforts) or the ad erse part' is a resident of the !hilippines temporaril' absent therefrom) or is a nonresident thereof) the reBuirement of prior or contemporaneous ser ice of summons shall not appl'A and $d% The application for a temporar' pro isional order shall thereafter be acted upon onl' after all parties are heard in a summar' hearing which shall be conducted within twent'1four $2:% hours after the sheriff9s return of ser ice andHor the records are recei ed b' the branch selected b' raffle) and to which the records shall be transmitted immediatel'. $:%
SEC" $"3" !emporary restraining order issued by appellate courts" B te95orar: restrainin7 order issued 8: the Court of 55eals or a 9e98er thereof shall 8e effective for si<t: %3-& da:s fro9 service on the 5art: or 5erson sou7ht to 8e en>oined" te95orar: restrainin7 order issued 8: the Su5re9e Court or a 9e98er thereof shall 8e effective until further orders" %n& SEC" $")" Period to decide main case or petition after grant of writ. The trial court and the Court of 55eals that issued a @rit of 5reli9inar: in>unction a7ainst a lo@er court= 8oard= officer= or 6uasiJ >udicial a7enc: shall decide the 9ain case or 5etition @ithin si< %3& 9onths fro9 the issuance of the @rit" %n& SEC" $"4" G>25n,6 32> 2781c/.2n /2) 2> 32> ?2/.2n 23 ,.66205/.2n 23) .n85nc/.2n 2> /1?;2>a>< >16/>a.n.n: 2>,1>. = The application for in5unction or restraining order ma' be@ a% denied upon a showing of its insufficienc'A b% denied) or) if 5reviousl: granted) dissol ed on other grounds 8ased u5on the >udicial affida its of the part' or person en5oined) which ma' be opposed b' the applicant also b' >udicial affida itsA c% denied) or) if 5reviousl: granted) dissol ed if it appears) after hearing) that although the applicant is entitled to the in5unction or restraining

order) the issuance or continuance thereof) as the case ma' be) would cause irreparable damage to the part' or person en5oined) while the applicant can be full' compensated for such damages as he or she or she ma' suffer) and the former 5osts a bond in an amount fixed b' the court u5on the condition that he or she or she will pa' all damages which the applicant ma' suffer b' reason of the denial or the dissolution of the in5unction or temporar' pro isional orderA or d% modified if it appears that the extent of the preliminar' in5unction or temporar' restraining order granted is too great. $<a% SEC" $"." Pro"ibition on t"e issuance of in&unctive relief in cases involving government infrastructure pro&ects. No court= e<ce5t the Su5re9e Court= shall issue an: te95orar: 5rovisional order= 5reli9inar: in>unction or 5reli9inar: 9andator: in>unction a7ainst the 7overn9ent= or an: of its su8divisions= officials or an: 5erson or entit:= @hether 5u8lic or 5rivate= actin7 under the 7overn9ents direction= to restrain= 5rohi8it or co95el the follo@in7 acts relatin7 to 7overn9ent infrastructure 5ro>ects: %a& ac6uisition= clearance and develo59ent of the ri7htJ ofJ@a: and?or site or location of an: national 7overn9ent 5ro>ect; 8iddin7 or a@ardin7 of contract?5ro>ect of the national 7overn9ent; co99ence9ent= 5rosecution= e<ecution= i95le9entation= or o5eration of an: such contract or 5ro>ect; ter9ination or rescission contract?5ro>ect; and of an: such
%8& %c&
%d& %e&
the undertaEin7 or authoriAation of an: other la@ful activit: necessar: for such contract?5ro>ect"
This 5rohi8ition shall a55l: in all cases= dis5utes or controversies instituted 8: a 5rivate 5art:= includin7 8ut not li9ited to cases filed 8: 8idders or those clai9in7 to have ri7hts throu7h such 8idders involvin7 such contract or 5ro>ect" This 5rohi8ition shall not a55l: @hen the 9atter is of e<tre9e ur7enc: involvin7 constitutional issues= such that unless a te95orar: 5rovisional order is issued= 7rave in>ustice and irre5ara8le in>ur: @ill arise" The a55licant shall file a 8ond in an a9ount to 8e fi<ed 8: the court= @hich 8ond shall accrue in favor of the

115
7overn9ent if the court should finall: decide that the a55licant @as not entitled to the relief sou7ht" n: te95orar: 5rovisional order= 5reli9inar: in>unction or 5reli9inar: 9andator: in>unction issued in violation of this section is void and of no force and effect" %n& SEC" $"#-" Pro"ibition on t"e issuance of temporary provisional orders and preliminary in&unctions against e tra&udicial foreclosure. No te95orar: 5rovisional order or @rit of 5reli9inar: in>unction a7ainst the e<tra>udicial foreclosure of real estate 9ort7a7e shall 8e issued on the follo@in7 7rounds: %a& the loan secured 8: the 9ort7a7e has 8een 5aid or is not delin6uent= unless the a55lication is verified and su55orted 8: evidence of 5a:9ent; or the interest on the loan is unconsciona8le= unless the de8tor 5a:s the 9ort7a7ee at least t@elve 5ercent 5er annu9 interest on the 5rinci5al o8li7ation as stated in the a55lication for foreclosure sale= @hich shall 8e u5dated 9onthl: @hile the case is 5endin7" %n&
%8&
SEC" $"##" S1>9.c1 23 c2;.16 23 72n,6B 1331c/ 23 ,.6a;;>29a0 23 /41 6a?1. = The part' filing a bond in accordance with the pro isions of this Rule shall forthwith ser e a cop' of such bond on the other part') who ma' ob5ect to the sufficienc' of the bond) or of the suret' or sureties thereon. If the applicantGs bond is found to be insufficient in amount) or if the suret' or sureties thereon fail to 5ustif') and a bond sufficient in amount with sufficient sureties appro ed after 5ustification is not filed forthwith) the writ of preliminar' in5unction shall be dissol ed. If the bond of the ad erse part' is found to be insufficient in amount) or the suret' or sureties thereon fail to 5ustif' the same) or a bond sufficient in amount with sufficient sureties appro ed after 5ustification is not filed forthwith) the writ of preliminar' in5unction shall be granted or restored) as the case ma' be. $6% SEC" $"#*" J5,:?1n/ /2 .nc05,1 ,a?a:16 a:a.n6/ ;a>/< an, 65>1/.16. = ,t the trial) the amount of damages to be awarded to either part') upon the bond of the ad erse part') shall be claimed) ascertained) and awarded under the same procedure prescribed in 7ection *"*- of Title !. $>% SEC" $"#$" (41n 3.na0 .n85nc/.2n :>an/1,. = If after the trial of the action it appears that the applicant is entitled to ha e the act or acts complained of permanentl' en5oined) the court shall grant a final in5unction

perpetuall' restraining the part' or person en5oined from the commission or continuance of the act or acts) or confirming the preliminar' mandator' in5unction. $=% Rule 0 RECEI!ERS2IP %R1.& SECTION 0"#" A;;2.n/?1n/ 23 >1c1.91>. = 8ne or more recei ers of the propert' sub5ect of the action or proceeding ma' be appointed b' the court where the action is pending) or b' the Court of ,ppeals or b' the 7upreme Court) or a member thereof) in the following cases@ $a% when it appears from the erified application) the su55ortin7 >udicial affidavits= and such other proof as the court ma' reBuire) that the part' appl'ing for the appointment of a recei er has an interest in the propert' or fund which is the sub5ect of the action or proceeding) and that such propert' or fund is in danger of being lost) remo ed) or materiall' in5ured unless a recei er be appointed to administer and preser e itA when) in an action b' the mortgagee for the foreclosure of a mortgage) it appears that the propert' is in danger of being wasted or dissipated or materiall' in5ured) and that its alue is probabl' insufficient to discharge the mortgage debt) or that the parties ha e so stipulated in the contract of mortgageA after 5udgment) to preser e the propert' during the pendenc' of an appeal) or to dispose of it according to the 5udgment) or to aid execution when the execution has been returned unsatisfied) or the 5udgment obligor refuses to appl' his or her propert' in satisfaction of the 5udgment) or otherwise) to carr' the 5udgment into effectA or whene er in other cases) it appears that the appointment of a recei er is the most con enient and feasible means of preser ing) administering) or disposing the propert' in litigation.
$b%
$c%
$d%

117
3uring the pendenc' of an appeal) the appellate court ma' allow an application for the appointment of a recei er to be filed in and decided b' the court of origin. The appointed recei er shall be sub5ect to the control of said court. Even after entr: of >ud79ent= the trial court 9a: also allo@ and 7rant an a55lication for the a55oint9ent of a receiver" %#a& SEC" 0"*" B2n, 2n a;;2.n/?1n/ 23 >1c1.91>. = fter issuing the order appointing a recei er) the court shall reBuire the applicant to file a bond executed in fa or of the part' against whom the application is presented) in an amount to be fixed b' the court) to the effect that the applicant will pa' such part' all damages he or she or she ma' sustain b' reason of the appointment of such recei er in case the applicant shall ha e procured such appointment without sufficient causeA and the court ma') in its discretion) at an' time after the appointment) reBuire an additional bond as further securit' for such damages. $2a% SEC" 0"$" D1n.a0 23 a;;0.ca/.2n 2> ,.6c4a>:1 23 >1c1.91>. = The application ma' be denied) or the a55ointed recei er ma' be be discharged) when the ad erse part' files a bond executed in fa or of the applicant) in an amount to be fixed b' the court) to the effect that such part' will pa' the applicant all damages he or she or she ma' suffer b' reason of the acts) omissions) or other matters specified in the application as ground for such appointment. The recei er pre iousl' appointed ma' also be discharged if it is shown that his or her appointment was obtained without sufficient cause. $3a% SEC" 0"0" Oa/4 an, 72n, 23 >1c1.91>. = fter a55oint9ent 8: the court= 8ut before entering upon his or her duties) the recei er shall be sworn to perform them faithfull') and shall file a bond) executed to such person and in such sum as the court ma' direct) to the effect that he or she or she will faithfull' discharge his or her duties in the action or proceeding and obe' the orders of the court. $:a% SEC" 0"1" S1>9.c1 23 c2;.16 23 72n,6B 1331c/ 23 ,.6a;;>29a0 23 6a?1. = The person filing a bond in accordance with the pro isions of this Rule shall forthwith ser e a cop' thereof on each interested part') who ma' ob5ect to its sufficienc' or of the suret' or sureties thereon. If either the applicant9s or the recei erGs bond is found to be insufficient in amount) or if the suret' or sureties thereon fail to 5ustif') and a bond sufficient in amount with sufficient sureties appro ed after 5ustification is not filed forthwith) the application shall be denied or the recei er discharged) as the case ma' be. If the bond of the ad erse part' is found to be insufficient in amount or the

suret' or sureties thereon fail to 5ustif') and a bond sufficient in amount with sufficient sureties appro ed after 5ustification is not filed forthwith) the recei er shall be appointed or re1appointed) as the case ma' be. $;% SEC" 0"3" G1n1>a0 ;2@1>6 23 >1c1.91>. = 7ub5ect to the control of the court in which the action or proceeding is pending) a recei er shall ha e the power to bring and defend) in such capacit') actions in his or her own nameA to take and keep possession of the propert' in contro ers'A to recei e rentsA to collect debts due to himself as recei er or to the fund) propert') estate) person) or corporation of which he or she or she is the recei erA to compound for and compromise the sameA to make transfersA to pa' outstanding debtsA to di ide the mone' and other propert' that shall remain among the persons legall' entitled to recei e the sameA and generall' to do such acts respecting the propert' as the court ma' authori0e. Dowe er) funds in the hands of a recei er ma' be in ested onl' b' order of the court upon the written consent of all the parties to the action. No action ma' be filed b' or against a recei er without lea e of the court which appointed him. $<% SEC" 0")" L.a7.0./< 32> >1356a0 2> n1:01c/ /2 ,10.91> ;>2;1>/< /2 >1c1.91>. = , person who refuses or neglects) upon reasonable demand) to deli er to the recei er all the propert') mone') books) deeds) notes) bills) documents and papers within his or her power or control) sub5ect of or in ol ed in the action or proceeding) or in case of disagreement) as determined and ordered b' the court) ma' be punished for contempt and shall be liable to the recei er for the mone' or the alue of the propert' and other things so refused or neglected to be surrendered) together with all damages that ma' ha e been sustained b' the part' or parties entitled thereto as a conseBuence of such refusal or neglect. $6% SEC" 0"4" T1>?.na/.2n 23 >1c1.91>64.;B c2?;1n6a/.2n 23 >1c1.91>. = "hene er the court) ?2/5 ;>2;>.2 or on motion of either part') shall determine that the necessit' for a recei er no longer exists) it shall issue an order re6uirin7 interested 5arties to su89it their co99ents @ithin fifteen %#1& da:s fro9 recei5t of the order" Hithin thirt: %$-& da:s after the su89ission of the co99ents or e<5iration of the 5eriod to file the sa9e= the court shall settle the accounts of the receiver= direct the deli er' of the funds and other propert' in his or her possession to the person ad5udged to be entitled to recei e them) and order the discharge of the recei er from further dut' as such. The court shall allow the recei er such reasonable compensation as the circumstances of the case warrant) to

119
be taxed as costs against the defeated part') or apportioned) as 5ustice reBuires. $>a% SEC" 0"." J5,:?1n/ /2 .nc05,1 >1c291>< a:a.n6/ 65>1/.16. = The amount) if an') to be awarded to an' part' upon an' bond filed in accordance with the pro isions of this Rule) shall be claimed) ascertained) and granted under the same procedure prescribed in 7ection *"*- of this Title. $=a% Rule 1 REPLE!IN %R3-& SECTION 1"#" A;;0.ca/.2n. = , part' pra'ing for the reco er' of possession of personal propert' ma' appl' for an order for the deli er' of such propert' to him) in the manner hereinafter pro ided. $1a% SEC" 1"*" )udicial a33.,a9./ an, 72n,. = The applicant must show b' his or her own >udicial affida it or that of some other person who personall' know the following facts@ $a% That the applicant is the owner of the propert' claimed) particularl' describing it) or is entitled to the possession thereofA That the propert' is wrongfull' detained b' the ad erse part') alleging the cause of detention thereof according to the best of his or her knowledge and informationA That the propert' has not been distrained or taken for a tax assessment or a fine pursuant to law) or sei0ed under a writ of execution or preliminar' attachment) or otherwise placed under c56/2,.a 01:.6A The actual market alue of the propert'A and If the 5ro5ert: is seiAed 8: the 5olice or an: authorit:= that it is e<e95t fro9 such seiAure or custod:= or is the su8>ect of a 5endin7 case for recEless i95rudence or so9e other offense @here it 9a: 8e released su8>ect to the su89ission of 5ictures and an affidavit of undertaEin7 to 5roduce the sa9e @henever needed in the course of the 5roceedin7s; and
$b%
$c%
$e% $d%

The applicant must also 5ost a bond) executed in fa or of the ad erse part' in an amount double the alue of the propert' as stated in the affida it aforementioned) for the return of the propert' to the ad erse part' if such return be ad5udged) and for the pa'ment to the ad erse part' of such sum as he or she or she ma' reco er from the applicant in the action. $2a% SEC" 1"$" O>,1>. = &pon the filing of the application and the bond) the court shall issue an order and a writ of reple in describing the personal propert' alleged to be wrongfull' detained) and reBuiring the sheriff to immediatel' take such propert' into his or her custod'. $3a% SEC" 1"0" D5/< 23 /41 641>.33. = &pon recei ing such order) the sheriff must immediatel' ser e a cop' thereof on the ad erse part') together with a cop' of the application) the supporting 5udicial affida its and bond) and must i99ediatel: and @ithout dela: take the propert') if it be in the possession of the ad erse part') or his or her agent) and retain it in his or her custod'. If the propert' or an' part thereof be concealed in a building or enclosure) the sheriff must demand its deli er') and if it be not deli ered) he or she or she must cause the building or enclosure to be broken open and take the propert' into his or her possession. ,fter the sheriff has taken possession of the propert' as herein pro ided) he or she or she must keep it in a secure place and shall be responsible for its immediate deli er' to the part' entitled thereto upon recei ing his or her fees and necessar' expenses for taking and keeping the same. $:a% SEC" 1"1" R1/5>n 23 ;>2;1>/<. = If the ad erse part' ob5ects to the sufficienc' of the applicantGs bond) or of the suret' or sureties thereon) he or she or she cannot immediatel' reBuire the return of the propert'A but if he or she or she does not so ob5ect) he or she or she ma') at an' time before the deli er' of the propert' to the applicant) reBuire the return thereof) b' filing with the court where the action is pending a bond executed in fa or of the applicant) in double the alue of the propert' as stated in the 5udicial affida it of the applicant or his or her witnesses for the deli er' thereof to the applicant) if such deli er' be ad5udged) and for the pa'ment of such sum to him or her as ma' be reco ered against the ad erse part') and b' ser ing a cop' of such bond on the applicant. $;% SEC" 1"3" D.6;26./.2n 23 ;>2;1>/< 7< 641>.33. = If within fi e $;% da's after the taking of the propert' b' the sheriff) the ad erse part' does not ob5ect to the sufficienc' of the bond) or of the suret' or sureties thereon) or if the ad erse part' so ob5ects and the court affirms its appro al of the

121
applicantGs bond or appro es a new bond) or if the ad erse part' reBuires the return of the propert' but his or her bond is ob5ected to and found insufficient and he or she or she does not forthwith file an appro ed bond) the propert' shall be deli ered to the applicant. If) for an' reason) the propert' is not deli ered to the applicant) the sheriff must return it to the ad erse part'. $<% SEC" 1")" P>2c11,.n:6 @41>1 ;>2;1>/< c0a.?1, 7< /4.>, ;1>62n. = If the propert' taken is claimed b' an' person other than the part' against whom the writ of reple in had been issued or his or her agent) and such person makes a 5udicial affida it of his or her title thereto) or right to the possession thereof) stating the grounds therefor) and ser es such 5udicial affida it upon the sheriff while the latter has possession of the propert' and a cop' thereof upon the applicant) the sheriff shall not be bound to keep the propert' under reple in or deli er it to the applicant unless the applicant or his or her agent) on demand of said sheriff) shall file a bond appro ed b' the court to indemnif' the third1part' claimant in a sum not less than the alue of the propert' under reple in as pro ided in 7ection hereof. In case of disagreement as to such alue) the court shall determine the same. No claim for damages for the taking or keeping of the propert' ma' be enforced against the bond unless the action therefor is filed within one hundred twent' $124% da's from the date of the filing of the bond. The sheriff shall not be liable for damages) for the taking or keeping of such propert') to an' such third1part' claimant if such bond shall be filed. Nothing herein contained shall pre ent such claimant or an' third person from indicating his or her claim to the propert') or pre ent the applicant from claiming damages against a third1part' claimant who filed a fri olous or plainl' spurious claim) in the same or a separate action. "hen the writ of reple in is issued in fa or of the Republic of the !hilippines) or an' officer dul' representing it) the filing of such bond shall not be reBuired. In case the sheriff is sued for damages as a result of the reple in) he or she or she shall be represented b' the 7olicitor #eneral) and if held liable therefor) the actual damages ad5udged b' the court shall be paid b' the National Treasurer out of the funds to be appropriated for the purpose. $6% SEC" 1"4" R1/5>n 23 ;a;1>6. = The sheriff must file the order) with his or her proceedings indorsed thereon) with the court which issued the writ of reple in within fifteen %#1& da's after taking the propert' mentioned therein. $>a%

SEC" 1"." J5,:?1n/. = ,fter trial of the issues) the court shall determine who has the right of possession to and the alue of the propert') and shall render 5udgment) in the alternati e) for the deli er' thereof to the part' entitled to the same or for its alue in case deli er' cannot be made) and also for such damages as either part' ma' pro e) with costs. $=% SEC" 1"#-" J5,:?1n/ /2 .nc05,1 >1c291>< a:a.n6/ 65>1/.16. = The amount) if an') to be awarded to a part' upon an' bond filed in accordance with the pro isions of this Rule) shall be claimed) ascertained) and granted under the same procedure as prescribed in 7ection *"*- of this Title" $14a% Rule 3 S(PPORT PENDENTE LITE %R3#& 7-CTI8N <.1. A;;0.ca/.2n. = , erified application for support ;1n,1n/1 0./1 ma' be filed b' an' part' stating the grounds for the claim and the financial conditions of both parties) and accompanied b' 5udicial affida its of the applicant and the witnesses) depositions or other authentic documents in support thereof. $1a% SEC" 3"*" O>,1>. = fter co95liance @ith Section #"0 of this Title= the court shall determine pro isionall' the pertinent facts) and shall render such orders as 5ustice and eBuit' ma' reBuire) ha ing due regard to the probable outcome of the case and such other circumstances as ma' aid in the proper resolution of the Buestion in ol ed. If the application is granted) the court shall fix the amount of mone' to be pro isionall' paid or such other forms of support as should be pro ided) taking into account the necessities of the applicant and the resources or means of the ad erse part') and the terms of pa'ment or mode for pro iding the support. If the application is denied) the principal case shall be tried and decided @ithin si< %3& 9onths fro9 the date of its filin7" $:a% SEC" 3"$" En32>c1?1n/ 23 2>,1>. = If the ad erse part' fails to compl' with an order granting support ;1n,1n/1 0./1) the court shall) ?2/5 ;>2;>.2 or upon motion) issue an order of execution against him) without pre5udice to his or her liabilit' for contempt. "hen the person ordered to gi e support ;1n,1n/1 0./1 refuses or fails to do so) an' third person who furnished that support to the applicant ma') after due motion in the same case) obtain a writ of execution to enforce his

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or her right of reimbursement against the person ordered to pro ide such support. $;% SEC" 3"0" S5;;2>/ .n c>.?.na0 ca616. = In criminal actions where the ci il liabilit' includes support for the offspring as a conseBuence of the crime) and the ci il aspect thereof has not been wai ed) reser ed or instituted prior to its filing) the accused ma' be ordered to pro ide support ;1n,1n/1 0./1 to the child born to the offended part' allegedl' because of the crime. The application therefor ma' be filed successi el' b' the offended part') her parents) grandparents or guardian and the 7tate in the corresponding criminal case during its pendenc') in accordance with the procedure established under this Rule. $<% 7-C. <.;. R16/./5/.2n. = "hen the 5udgment or final order of the court finds that the person who has been pro iding support ;1n,1n/1 0./1 is not liable therefor) it shall order the recipient thereof to return to the former the amounts alread' paid with legal interest from the dates of actual pa'ment) without pre5udice to the right of the recipient to obtain reimbursement in a separate action from the person legall' obliged to gi e the support. 7hould the recipient fail to reimburse said amounts) the person who pro ided the same ma' likewise seek reimbursement thereof in a separate action from the person legall' obliged to gi e such support. $6%

TITLE VIII: JUDG ENTS AND E!ECUTION Rule # '(DG+ENTS= FIN L ORDERS ND ENTR, T2EREOF %R$3& SECTION #"#. R1n,./.2n 23 85,:?1n/6 an, 3.na0 2>,1>6. = , 5udgment or final order determining the merits of the case shall be in writing) stating clearl' and distinctl' the facts and the law on which it is based) signed b' the >ud7e) and filed with the clerk of the court. $1a% 7-C. 1.2. En/>< 23 85,:?1n/6 an, 3.na0 2>,1>6. = If no appeal or motion for new trial or reconsideration is filed within the period to appeal) or the appeal has been finall' resol ed) the 5udgment or final order shall forthwith be entered b' the clerk in the book of entries of 5udgments. The date of finalit' of the 5udgment or final order shall be deemed to be the date of its entr'. The record shall contain the dispositi e part of the 5udgment or final order and shall be signed b' the clerk) with a certificate that such 5udgment or final order has become final and executor'. $2% SEC" #"$. J5,:?1n/ 32> 2> a:a.n6/ 2n1 2> ?2>1 23 6191>a0 parties. ? +udgment ma' be gi en for or against one or more se eral 5etitioners) and for or against one or more of se eral res5ondents. "hen 5ustice so demands) the court ma' reBuire the parties on each side to file ad ersar' pleadings as between themsel es and determine their ultimate rights and obligations. $3% SEC" #"0. S1;a>a/1 85,:?1n/6. = "hen more than one claim for relief is presented in an action) the court) at an' stage) upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the sub5ect matter of the claim) ma' render a separate 5udgment disposing of such claim. The 5udgment shall terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claims. In case a separate 5udgment is rendered) the court b' order ma' sta' its enforcement until the rendition of a subseBuent 5udgment or 5udgments and ma' prescribe such conditions as ma' be necessar' to secure the benefit thereof to the part' in whose fa or the 5udgment is rendered. $;%

125
SEC" #"1. J5,:?1n/ a:a.n6/ 1n/./< @./425/ 85>.,.ca0 ;1>62na0./<. = "hen 5udgment is rendered against two or more persons sued as an entit' without 5uridical personalit') the 5udgment shall set out their indi idual or proper names) if known. $<% Rule * NEH TRI L OR RECONSIDER TION %R$)& SECTION *"#" G>25n,6 23 an, ;1>.2, 32> 3.0.n: ?2/.2n 32> n1@ />.a0 2> >1c2n6.,1>a/.2n. = "ithin the period for taking an appeal) the aggrie ed part' ma' mo e the trial court to set aside the 5udgment or final order and grant a new trial for one or more of the following causes materiall' affecting the substantial rights of said part'@ $a% E<trinsic fraud) accident) mistake or excusable negligence which ordinar' prudence could not ha e guarded against and b' reason of which such aggrie ed part' has clearl: been impaired in his or her rightsA or Newl' disco ered e idence) which he or she or she could not) with reasonable diligence) ha e disco ered and produced at the trial) and which if presented would probabl' alter the result.
$b%
Hithin the sa9e 5eriod= the a77rieved 5art: 9a: also 9ove for reconsideration u5on the 7rounds that the da9a7es a@arded are e<cessive= that the evidence does not >ustif: the decision or final order= or that the decision or final order is contrar: to la@. $1a% SEC" *"*" C2n/1n/6 23 ?2/.2n 32> n1@ />.a0 2> >1c2n6.,1>a/.2n an, n2/.c1 /41>123. = The motion shall be made in writing stating the ground or grounds therefor) a written notice of which shall be ser ed b' the mo ant on the ad erse part'. , motion for new trial shall be pro ed in the manner pro ided for proof of motions. , motion for new trial shall be pro ed in the manner pro ided for proof of motions. , motion for the cause mentioned in paragraph $a% of the preceding section shall be supported b' affida it of merits which ma' be

rebutted b' affida its. , motion for the cause mentioned in paragraph $b% shall be liEe@ise supported b' dul: e<ecuted >udicial affida its of the witnesses b' whom such e idence is expected to be gi en) or b' dul' authenticated documents which are proposed to be introduced in e idence. , motion for reconsideration shall point out specificall' the findings or conclusions of the 5udgment or final order which are not supported b' the e idence or which are contrar' to law) making express reference to the testimonial or documentar' e idence or to the pro isions of law alleged to be contrar' to such findings or conclusions. pro forma 9otion for ne@ trial or reconsideration shall not toll the re7le9entar: 5eriod of a55eal. $2a% SEC" *"$" Ac/.2n 5;2n ?2/.2n 32> n1@ />.a0 2> >1c2n6.,1>a/.2n. = The trial court ma' set aside the 5udgment or final order and grant a new trial) upon such terms as ma' be 5ust; or ma' den' the motion. If the court finds that excessi e damages ha e been awarded or that the 5udgment or final order is contrar' to the e idence or law) it ma' amend such 5udgment or final order accordingl'. $3% SEC" *"0" R16205/.2n 23 ?2/.2n. ? , motion for new trial or reconsideration shall be resol ed within thirt' $34% da's from the time it is submitted for resolution. $:% SEC" *"1" S1c2n, ?2/.2n 32> n1@ />.a0. = , motion for new trial shall include all grounds then a ailable and those not so included shall be deemed wai ed. , second motion for new trial) based on a ground not existing nor a ailable when the first motion was made) ma' be filed within the time herein pro ided excluding the time during which the first motion had been pending. No 5art: shall 8e allo@ed a second 9otion for reconsideration of a >ud79ent or final order. $;% SEC" *"3" E331c/ 23 :>an/.n: 23 ?2/.2n 32> n1@ />.a0. = If a new trial is granted in accordance with the pro isions of this Rule) the original 5udgment or final order shall be acated) and the action shall stand for trial ,1 n292B but the recorded e idence taken upon the former trial) insofar as the same is material and competent to establish the issues) shall be used at the new trial without retaking the same. $<%

127
SEC" *")" Pa>/.a0 n1@ />.a0 2> >1c2n6.,1>a/.2n. = If the grounds for a motion under this Rule appear to the court to affect the issues as to onl' a part) or less than all of the matter in contro ers') or onl' one) or less than all= of the parties to it) the court ma' order a new trial or grant reconsideration as to such issues if se erable without interfering with the 5udgment or final order upon the rest. $6% SEC" *"4" E331c/ 23 2>,1> 32> ;a>/.a0 n1@ />.a0. = "hen less than all of the issues are ordered retried) the court ma' either enter a 5udgment or final order as to the rest) or sta' the enforcement of such 5udgment or final order until after the new trial. $>% SEC" *"." R1?1,< a:a.n6/ 2>,1> ,1n<.n: a ?2/.2n 32> n1@ />.a0 2> >1c2n6.,1>a/.2n. = ,n order den'ing a motion for new trial or reconsideration is not appealable) the remed' being an appeal from the 5udgment or final order. $=% Rule $ RELIEF FRO+ '(DG+ENTS= ORDERS= OR OT2ER PROCEEDINGS %R$4& SECTION $"#" P1/./.2n 32> >10.13 3>2? 85,:?1n/) 2>,1>) 2> 2/41> ;>2c11,.n:6. = "hen a 5udgment or final order is entered) or an' other proceeding is thereafter taken against a part' in the +unici5al Trial Courts or Re7ional Trial Courts through e<trinsic fraud) accident) mistake) or excusable negligence) he or she ma' file a petition in such court and in the same case pra'ing that the 5udgment) order or proceeding be set aside. $1a% SEC" $"*" P1/./.2n 32> >10.13 3>2? ,1n.a0 23 a;;1a0. = "hen a 5udgment or final order is rendered b' an' court in a case) and a part' thereto) b' fraud) accident) mistake) or excusable negligence) has been pre ented from taking an appeal) he or she ma' file a petition in such court and in the same case pra'ing that the appeal be gi en due course. SEC" $"$" T.?1 32> 3.0.n: ;1/./.2nB c2n/1n/6 an, 91>.3.ca/.2n. = , petition pro ided for in either of the preceding sections of this Rule must be erified) filed within sixt' $<4% da's after the petitioner learns of the 5udgment) final order) or other proceeding to be set aside) and not more than six $<% months after such 5udgment or final order was entered) or such

proceeding was takenA and must be accompanied with affida its showing the fraud) accident) mistake) or excusable negligence relied upon) and the facts constituting the petitioner9s good and substantial cause of action or defense) as the case ma' be. $3% SEC" $"0" O>,1> /2 3.01 an an6@1>. If the petition is sufficient in form and substance to 5ustif' relief) the court in which it is filed) shall issue an order reBuiring the ad erse parties to answer the same within fifteen $1;% da's from the receipt thereof. The order shall be ser ed in such manner as the court ma' direct) together with copies of the petition and the accompan'ing affida its. $:% SEC" $"1" P>10.?.na>< .n85nc/.2n ;1n,.n: ;>2c11,.n:6. = The court in which the petition is filed) ma' grant such preliminar' in5unction as ma' be necessar' for the preser ation of the rights of the parties) upon the filing b' the petitioner of a bond in fa or of the ad erse part') conditioned that if the petition is dismissed or the petitioner fails on the trial of the case upon its merits) he or she will pa' the ad erse part' all damages and costs that ma' be awarded to him or her b' reason of the issuance of such in5unction or the other proceedings following the petitionA but such in5unction shall not operate to discharge or extinguish an' lien which the ad erse part' ma' ha e acBuired upon the propert' of the petitioner. $;% SEC" $"3" P>2c11,.n:6 a3/1> an6@1> .6 3.01,. = ,fter the filing of the answer or the expiration of the period therefor) the court shall hear the petition and if after such hearing) it finds that the allegations thereof are not true) the petition shall be dismissedA but if it finds said allegations to be true) it shall set aside the 5udgment or final order or other proceeding complained of upon such terms as ma' be 5ust. Thereafter the case shall stand as if such 5udgment) final order or other proceeding had ne er been rendered) issued or taken. The court shall then proceed to hear and determine the case as if a timel' motion for a new trial or reconsideration had been granted b' it. $<% SEC" $"). P>2c1,5>1 @41>1 /41 ,1n.a0 23 an a;;1a0 .6 61/ a6.,1 . ? "here the denial of an appeal is set aside) the lower court shall be reBuired to gi e due course to the appeal and to ele ate the record of the appealed case as if a timel' and proper appeal had been made. $6%

129
R(LE 0 E/EC(TION= S TISF CTION ND EFFECT OF '(DG+ENTS 7-CTI8N :.1. EC1c5/.2n 5;2n 85,:?1n/ 2> 3.na0 2>,1> a6 a ?a//1> 23 >.:4/. ? -xecution upon a 5udgment or order that disposes of the action or proceeding shall issue as a matter of right) on motion) upon entr' of 5udgment. The >ud79ent o8li7ee %or the 5revailin7 5art: in the court of ori7in& shall file the 9otion for e<ecution in the court @hich rendered the final >ud79ent or order su89ittin7 there@ith a certified true co5: of the >ud79ents or final orders sou7ht to 8e enforced and of the entr: thereof= @ith notice to the adverse 5art:. K1$b%aL (5on the 9otion of the 5revailin7 5art:= the court 9a: a55oint a notar: 5u8lic or an: counsel to 8e Eno@n as a s5ecial sheriff @ho shall 5ost a sheriffs 8ond in an a9ount to 8e deter9ined 8: the court to ans@er for an: da9a7es suffered 8: an: in>ured 5art:" The s5ecial sheriff shall e<ercise the sa9e duties and res5onsi8ilities and e<ercise the sa9e 5o@ers as a re7ular sheriff. $n% The a55ellate court 9a:= on 9otion in the sa9e case= @hen the interest of >ustice so re6uires= direct the court of ori7in to issue the @rit of e<ecution. $1a% SEC" 0"*" 3iscretionar' execution. ? $a% EC1c5/.2n 23 a 85,:?1n/ 2> 3.na0 2>,1> ;1n,.n: a;;1a0. ? 8n motion of the pre ailing part' with notice to the ad erse part' filed in the trial court while it has 5urisdiction o er the case and is in possession of either the original record or the record on appeal) as the case ma' be) at the time of the filing of such motion) said court ma') in its discretion) order execution of a 5udgment or final order e en before the expiration of the period to appeal. ,fter the trial court has lost 5urisdiction) the motion for execution pending appeal ma' be filed in the appellate court. 3iscretionar' execution ma' onl' issue upon good

reasons to be stated in a special order after due hearing. $b% EC1c5/.2n 23 6191>a0) 61;a>a/1 2> ;a>/.a0 85,:?1n/6 . ? , se eral) separate or partial 5udgment ma' be executed under the same terms and conditions as execution of a 5udgment or final order pending appeal. $2%
SEC" 0"$" S/a< 23 ,.6c>1/.2na>< execution. ? 3iscretionar' execution issued under the preceding section ma' be sta'ed upon appro al b' the proper court of a sufficient supersedeas bond filed b' the part' against whom it is directed) conditioned upon the performance of the 5udgment or order allowed to be executed in case it shall be finall' sustained in whole or in part. The bond thus gi en ma' be proceeded against on motion with notice to the suret'. $3% SEC" 0"0" J5,:?1n/6 n2/ 6/a<1, 7< a;;1a0. = +udgments in actions for in5unction) recei ership) accounting and support) and such other 5udgments as are now or ma' hereafter be declared to be immediatel' executor') shall be enforceable after their rendition and shall not be sta'ed b' an appeal taken therefrom) unless otherwise ordered b' the trial court. 8n appeal therefrom) the appellate court in its discretion ma' make an order suspending) modif'ing) restoring or granting the in5unction) recei ership) accounting) or award of support. The sta: of e<ecution shall 8e u5on such ter9s as to 8ond or other@ise as 9a: 8e considered 5ro5er for the securit: or 5rotection of the ri7hts of the adverse 5art:. $:% SEC" 0"1" E331c/ 23 >191>6a0 23 1C1c5/1, 85,:?1n/. ? "here the executed 5udgment is re ersed totall' or partiall') or annulled) on appeal or otherwise) the trial court ma') on motion) issue such orders of restitution or reparation of damages as eBuit' and 5ustice ma' warrant under the circumstances. $;% SEC" 0"3. EC1c5/.2n 7< ?2/.2n 2> 7< .n,1;1n,1n/ ac/.2n. = , final and executor' 5udgment or order ma' be executed on motion within fi e $;% 'ears from the date of its entr'. ,fter the lapse of such time) and before it is barred b' the statute of limitations) a 5udgment ma' be enforced b' action. Such re i ed 5udgment ma' also be enforced b' motion within fi e $;% 'ears from the date of its entr' and thereafter b' action before it is barred b' the statute of limitations. $<a%

131
7-C. :.6. EC1c5/.2n .n ca61 23 ,1a/4 23 ;a>/<. = recover: of 9one:@ $a%
In an action for
If lev: on e<ecution of the >ud79ent had alread: 8een 9ade at the ti9e the >ud79ent o8li7or died= the action @ill not 8e dis9issed and shall 5roceed to e<ecution saleA If the >ud79ent o8li7or died 5rior to the lev:= the action @ill 8e dis9issed= and the >ud79ent 9a: 8e filed as a clai9 in the estate settle9ent 5roceedin7. $6a%
$b%
SEC" 0"4" I665anc1) 32>? an, c2n/1n/6 23 a @>./ 23 1C1c5/.2n. = The writ of execution shall@ $1% issue in the name of the Republic of the !hilippines from the court which granted the motionA $2% state the name of the court) the case number and title) the dispositi e part of the sub5ect 5udgment or orderA and $3% reBuire the sheriff) the s5ecial sheriff or other proper officer to whom it is directed to enforce the writ according to its terms) in the manner hereinafter pro ided@ $a% If the execution be against the propert' of the 5udgment obligor) to satisf' the 5udgment) with interest) out of the real or personal propert' of such 5udgment obligorA If it be against real or personal propert' in the hands of personal representati es) heirs) de isees) legatees) tenants) or trustees of the 5udgment obligor) to satisf' the 5udgment) with interest) out of such propert'A If it be for the sale of real or personal propert') to sell such propert') describing it) and appl' the proceeds in conformit' with the 5udgment) the material parts of which shall be recited in the writ of executionA If it be for the deli er' of the possession of real or personal propert') to deli er the possession of the same) describing it) to the part' entitled thereto) and to satisf' an' costs) damages) rents) or profits co ered b' the 5udgment out of the personal propert' of the person against whom it was rendered) and if sufficient personal propert' cannot be found) then out of the real propert'A and
$b%
$c%
$d%

$e%
In all cases) the writ of execution shall specificall' state the amount of the interest) costs) damages) rents) or profits due as of the date of the issuance of the writ) aside from the principal obligation under the 5udgment. 2or this purpose) the motion for execution shall specif' the amounts of the foregoing reliefs sought b' the mo ant. $>a%
SEC" 0"." -xecution of 5udgments for mone') how enforced. ? $a% I??1,.a/1 ;a<?1n/ 2n ,1?an,. = The officer shall enforce an execution of a 5udgment for mone' b' demanding from the 5udgment obligor the immediate pa'ment of the full amount stated in the writ of execution and all lawful fees. The 5udgment obligor shall pa' in cash) certified bank check pa'able to the 5udgment obligee) or an' other form of pa'ment acceptable to the latter) the amount of the 5udgment debt under proper receipt directl' to the 5udgment obligee or his or her authori0ed representati e if present at the time of pa'ment. The lawful fees shall be handed under proper receipt to the executing sheriff who shall turn o er the said amount within the same da' to the clerk of court of the court that issued the writ. If the 5udgment obligee or his or her authori0ed representati e is not present to recei e pa'ment) the 5udgment obligor shall deli er the aforesaid pa'ment to the executing sheriff. The latter shall turn o er all the amounts coming into his or her possession within the same da' to the clerk of court of the court that issued the writ) or if the same is not practicable) deposit said amounts to a fiduciar' account in the nearest go ernment depositor' bank of the Regional Trial Court of the localit'. The clerk of said court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the writ whose clerk of court shall then deli er said pa'ment to the 5udgment obligee in satisfaction of the 5udgment. The excess) if an') shall be deli ered to the

133
5udgment obligor while the lawful fees shall be retained b' the clerk of court for disposition as pro ided b' law. In no case shall the executing sheriff demand that an' pa'ment b' check be made pa'able to him. $b% Sa/.63ac/.2n 7< 019<. = If the 5udgment obligor cannot pa' all or part of the obligation in cash) certified bank check or other mode of pa'ment acceptable to the 5udgment obligee) the officer shall le ' upon the properties of the 5udgment obligor of e er' kind and nature whatsoe er which ma' be disposed of for alue and not otherwise exempt from execution gi ing the latter the option to immediatel' choose which propert' or part thereof ma' be le ied upon) sufficient to satisf' the 5udgment. If the 5udgment obligor does not exercise the option) the officer shall first le ' on the personal properties) if an') and then on the real properties if the personal properties are insufficient to answer for the 5udgment. The sheriff shall sell onl' a sufficient portion of the personal or real propert' of the 5udgment obligor which has been le ied upon. "hen there is more propert' of the 5udgment obligor than is sufficient to satisf' the 5udgment and lawful fees) he or she must sell onl' so much of the personal or real propert' as is sufficient to satisf' the 5udgment and lawful fees. Real propert') stocks) shares) debts) credits) and other personal propert') or an' interest in either real or personal propert') ma' be le ied upon in like manner and with like effect as under a writ of attachment. $c% Ga>n.64?1n/ 23 ,17/6 an, c>1,./6. = The officer ma' le ' on debts due the 5udgment obligor and other credits) including bank deposits) financial interests) ro'alties) commissions and other personal propert' not capable of manual deli er' in the possession or control of third parties. (e ' shall be made b' ser ing notice upon the person owing such debts or ha ing in his or her

possession or control such credits to which the 5udgment obligor is entitled. The garnishment shall co er onl' such amount as will satisf' the 5udgment and all lawful fees. The garnishee shall make a written report to the court within fi e $;% da's from ser ice of the notice of garnishment stating whether or not the 5udgment obligor has sufficient funds or credits to satisf' the amount of the 5udgment. If not) the report shall state how much funds or credits the garnishee holds for the 5udgment obligor. The garnished amount in cash) or certified bank check issued in the name of the 5udgment obligee) shall be deli ered directl' to the 5udgment obligee within ten $14% working da's from ser ice of notice on said garnishee reBuiring such deli er') except the lawful fees which shall be paid directl' to the court. In the e ent there are two or more garnishees holding deposits or credits sufficient to satisf' the 5udgment) the 5udgment obligor) if a ailable) shall ha e the right to indicate the garnishee or garnishees who shall be reBuired to deli er the amount dueA otherwise) the choice shall be made b' the 5udgment obligee. The e<ecutin7 sheriff shall o8serve the sa9e 5rocedure under 5ara7ra5h %a& @ith res5ect to deliver: of 5a:9ent to the >ud79ent o8li7ee. $=% SEC" 0"#-" -xecution of 5udgments for specific act. ? $a% C2n91<anc1) ,10.91>< 23 ,11,6) 2> 2/41> 6;1c.3.c ac/6B 916/.n: /./01. = If a 5udgment directs a part' to execute a con e'ance of land or personal propert') or to deli er deeds or other documents) or to perform an' other specific act in connection therewith) and the part' fails to compl' within the time specified) the court ma' direct the act to be done at the cost of the disobedient part' b' some other person appointed b' the court and the act when so done shall ha e like effect as if done b' the part'. If real or personal propert' is situated within the !hilippines) the court in lieu of directing a con e'ance thereof ma' b' an order di est the title of an' part' and

135
est it in others) which shall ha e the force and effect of a con e'ance executed in due form of law. $b% Sa01 23 >1a0 2> ;1>62na0 ;>2;1>/<. = If the 5udgment be for the sale of real or personal propert') to sell such propert') describing it) and appl' the proceeds in conformit' with the 5udgment. D10.91>< 2> >16/./5/.2n 23 >1a0 ;>2;1>/<. = The officer shall demand of the person against whom the 5udgment for the deli er' or restitution of real propert' is rendered and all persons claiming rights under him or her to peaceabl' acate the propert' within three $3% working da's) and restore possession thereof to the 5udgment obligeeA otherwise) the officer shall oust all such persons therefrom with the assistance) if necessar') of appropriate peace officers) and emplo'ing such means as ma' be reasonabl' necessar' to retake possession) and place the 5udgment obligee in possession of such propert'. ,n' costs) damages) rents or profits awarded b' the 5udgment shall be satisfied in the same manner as a 5udgment for mone'. R1?29a0 23 .?;>291?1n/6 2n ;>2;1>/< 65781c/ 23 1C1c5/.2n. = "hen the propert' sub5ect of the execution contains impro ements constructed or planted b' the 5udgment obligor or his or her agent) the officer shall not destro') demolish or remo e said impro ements except upon special order of the court) issued upon motion of the 5udgment obligee after due hearing and after the former has failed to remo e the same within a reasonable time fixed b' the court. D10.91>< 23 ;1>62na0 ;>2;1>/<. = In 5udgments for the deli er' of personal propert') the officer shall take possession of the same and forthwith deli er it to the part' entitled thereto and satisf' an' 5udgment for mone' as therein pro ided. $14%
$c%
$d%
$e%
SEC" 0"##" EC1c5/.2n 23 6;1c.a0 85,:?1n/6. = "hen a 5udgment reBuires the performance of an' act other than those mentioned in the two preceding sections) a certified cop' of the 5udgment shall be attached to the

writ of execution and shall be ser ed b' the officer upon the part' against whom the same is rendered) or upon an' other person reBuired thereb') or b' law) to obe' the same) and such part' or person ma' be punished for contempt if he or she disobe's such 5udgment. $11% SEC" 0"#*" E331c/ 23 019< 2n 1C1c5/.2n a6 /2 /4.>, ;1>62n6. = The le ' on execution shall create a lien in fa or of the 5udgment obligee o er the right) title and interest of the 5udgment obligor in such propert' at the time of the le ') sub5ect to liens and encumbrances then existing. $12% SEC" 0"#$" P>2;1>/< 1C1?;/ 3>2? 1C1c5/.2n. = -xcept as otherwise expressl' pro ided b' law) the following propert') and no other) shall be exempt from execution@ $a% The 5udgment obligor9s famil' home as pro ided b' law) or the homestead in which he or she resides) and land necessaril' used in connection therewithA 8rdinar' tools and implements personall' used b' him or her in his or her trade) emplo'ment) or li elihoodA Three horses) or three cows) or three carabaos) or other beasts of burden) such as the 5udgment obligor ma' select necessaril' used b' him or her in his or her ordinar' occupationA Dis necessar' clothing and articles for ordinar' personal use) excluding 5ewelr'A Dousehold furniture and utensils necessar' for house1 keeping) and used for that purpose b' the 5udgment obligor and his or her famil') such as the 5udgment obligor ma' select) of a alue not exceeding one hundred thousand pesosA !ro isions for indi idual or famil' use sufficient for four monthsA The professional libraries and eBuipment of 5udges) counsels) ph'sicians) pharmacists) dentists) engineers) sur e'ors) clerg'men) teachers) and other professionals) not exceeding three hundred thousand pesos in alueA 8ne fishing boat and accessories not exceeding the total
$b% $c%
$d% $e%
$f% $g%
$h%

137
alue of one hundred thousand pesos owned b' a fisherman and b' the lawful use of which he or she earns his or her li elihoodA $i% 7o much of the salaries) wages) or earnings of the 5udgment obligor for his or her personal ser ices within the four months preceding the le ' as are necessar' for the support of his or her famil'A (ettered gra estonesA Fonies) benefits) pri ileges) or annuities accruing or in an' manner growing out of an' life insuranceA The right to recei e legal support) or mone' or propert' obtained as such support) or an' pension or gratuit' from the #o ernmentA !roperties speciall' exempted b' law.
$5% $k% $1%
$m%
*ut no article or species of propert' mentioned in this section shall be exempt from execution issued upon a 5udgment reco ered for its price or upon a 5udgment of foreclosure of a mortgage thereon. $13% SEC" 0"#0" R1/5>n 23 @>./ 23 1C1c5/.2n. = The writ of execution shall be returnable to the court issuing it immediatel' after the 5udgment has been satisfied in part or in full. If the 5udgment cannot be satisfied in full within thirt' $34% da's after his or her receipt of the writ) the officer shall report to the court and state the reason therefor. 7uch writ shall continue in effect during the period within which the 5udgment ma' be enforced b' motion. The officer shall make a report to the court e er' thirt' $34% da's on the proceedings taken thereon until the 5udgment is satisfied in full) or its effecti it' expires. The returns or periodic reports shall set forth the whole of the proceedings taken) and shall be filed with the court and copies thereof promptl' furnished the parties. $1:% SEC" 0"#1" N2/.c1 23 6a01 23 ;>2;1>/< 2n 1C1c5/.2n. ? *efore the sale of propert' on execution) notice thereof must be gi en as follows@ $a% In case of perishable propert') b' posting written notice of the time and place of the sale in three $3% public places) preferabl' in conspicuous areas of the municipal or cit' hall) post office and public market in the

municipalit' or cit' where the sale is to take place) for such time as ma' be reasonable) considering the character and condition of the propert'A $b% In case of other personal propert') b' posting a similar notice in the three $3% public places abo ementioned for not less than fi e $;% da'sA In case of real propert') b' posting for twent' $24% da's in the three $3% public places abo ementioned and on the 5ro5ert: itself) a similar notice particularl' describing the propert' and stating where the propert' is to be sold) and if the assessed alue of the propert' exceeds fift' thousand $! ;4)444.44% pesos) b' publishing a cop' of the notice once a week for two $2% consecuti e weeks in one newspaper selected b' raffle) whether in -nglish) 2ilipino) or an' ma5or regional language published) edited and circulated or) in the absence thereof) ha ing general circulation in the pro ince or cit'A
$c%
$d% In all cases) written notice of the sale shall be gi en to the 5udgment obligor) at least three $3% da's before the sale) except as pro ided in paragraph $a% hereof where notice shall be gi en at an' time before the sale) in the same manner as personal ser ice of pleadings and other papers as pro ided b' 7ection < of Title I!= Rule #0" The notice shall s5ecif: the 5lace= date and e<act ti9e of the sale @hich should not 8e earlier than nine oclocE in the 9ornin7 and not later than t@o oclocE in the afternoon" The 5lace of the sale 9a: 8e a7reed u5on 8: the 5arties" In the a8sence of such a7ree9ent= the sale of real 5ro5ert: or 5ersonal 5ro5ert: not ca5a8le of 9anual deliver: shall 8e held in the office of the clerE of court of the Re7ional Trial Court or the +unici5al Trial Court @hich issued the @rit or @hich @as desi7nated 8: the a55ellate court" In the case of 5ersonal 5ro5ert: ca5a8le of 9anual deliver:= the sale shall 8e held in the 5lace @here the 5ro5ert: is located" %#1a& SEC" 0"#3" P>2c11,.n:6 @41>1 ;>2;1>/< c0a.?1, 7< /4.>, ;1>62n. = If the propert' le ied on is claimed b' an' person other than the 5udgment obligor or his or her agent) and such person makes an affida it of his or her title thereto or right to the possession thereof) stating the grounds of such right or title) and ser es the same upon the officer making the le ' and a

139
cop' thereof upon the 5udgment obligee) the officer shall not be bound to keep the propert') unless such 5udgment obligee) on demand of the officer) files a bond appro ed b' the court to indemnif' the third1part' claimant in a sum not less than the alue of the propert' le ied on. In case of disagreement as to such alue) the same shall be determined b' the court issuing the writ of execution. No claim for damages for the taking or keeping of the propert' ma' be enforced against the bond unless the action therefor is filed within one hundred twent' $124% da's from the date of the filing of the bond. The officer shall not be liable for damages for the taking or keeping of the propert') to an' third1part' claimant if such bond is filed. Nothing herein contained shall pre ent such claimant or an' third person from indicating his or her claim to the propert' in a separate action) or pre ent the 5udgment obligee from claiming damages in the same or a separate action against a third1part' claimant who filed a fri olous or plainl' spurious claim. Hhen the @rit of e<ecution is issued in favor of the Re5u8lic of the Phili55ines= or an: officer dul: re5resentin7 it= the filin7 of such 8ond shall not 8e re6uired= and in case the sheriff or lev:in7 officer is sued for da9a7es as a result of the lev:= he or she shall 8e re5resented 8: the Solicitor General and if held lia8le therefor= the actual da9a7es ad>ud7ed 8: the court shall 8e 5aid 8: the National Treasurer out of such funds as 9a: 8e a55ro5riated for the 5ur5ose" %#3& SEC" 0"#)" P1na0/< 32> 6100.n: @./425/ n2/.c1) 2> >1?29.n: 2> ,13ac.n: n2/.c1. = ,n officer selling without the notice prescribed b' 7ection; of this Rule shall be liable to pa' puniti e damages in the amount of fi e thousand $! ;)444.44% pesos to an' person in5ured thereb') in addition to his or her actual damages) both to be reco ered b' motion in the same actionA and a person willfull' remo ing or defacing the notice posted) if done before the sale) or before the satisfaction of the 5udgment if it be satisfied before the sale) shall be liable to pa' fi e thousand $! ;)444.44% pesos to an' person in5ured b' reason thereof) in addition to his or her actual damages) to be reco ered b' motion in the same action. $16% SEC" 0"#4" N2 6a01 .3 85,:?1n/ an, c26/6 ;a.,. = ,t an' time before the sale of propert' on execution) the 5udgment obligor ma' pre ent the sale b' pa'ing the amount reBuired b' the execution and the costs that ha e been incurred therein. $1>%

SEC" 0"#." $2@ ;>2;1>/< 620, 2n 1C1c5/.2nB @42 ?a< ,.>1c/ ?ann1> an, 2>,1> 23 6a01. = ,ll sales of propert' under execution must be made at public auction) to the highest bidder) to start at the exact time fixed in the notice. ,fter sufficient propert' has been sold to satisf' the execution) no more shall be sold and an' excess propert' or proceeds of the sale shall be promptl' deli ered to the 5udgment obligor or his or her authori0ed representati e) unless otherwise directed b' the 5udgment or order of the court. "hen the sale is of real propert') consisting of se eral known lots) the' must be sold separatel'A or) when a portion of such real propert' is claimed b' a third person) he or she ma' reBuire it to be sold separatel'. "hen the sale is of personal propert' capable of manual deli er') it must be sold within iew of those attending the same and in such parcels as are likel' to bring the highest price. The 5udgment obligor) if present at the sale) ma' direct the order in which propert') real or personal) shall be sold) when such propert' consists of se eral known lots or parcels which can be sold to ad antage separatel'. Neither the officer conducting the execution sale) nor his or her deputies) can become a purchaser) nor be interested directl' or indirectl' in an' purchase at such sale. $1=% ,rticle 1:=1 of the Ci il Code of the !hilippines as well as 7ection 6) Republic ,ct <613 shall likewise appl'. %n& SEC" 0"*-" R1356a0 23 ;5>c4a61> /2 ;a<. = If a purchaser refuses to pa' the amount bid b' him or her for propert' struck off to him or her at a sale under execution) the officer ma' again sell the propert' to the highest bidder and shall not be responsible for an' loss occasioned thereb'A but the court ma' order the refusing purchaser to pa' into the court the amount of such loss) with costs) and ma' punish him or her for contempt if he or she disobe's the order. The amount of such pa'ment shall be@ for the benefit of the person entitled to the proceeds of the execution) unless the execution has been full' satisfied) in which e ent such proceeds shall be for the benefit of the 5udgment obligor. The officer ma' thereafter re5ect an' subseBuent bid of such purchaser who refuses to pa'. $24% SEC" 0"*#" J5,:?1n/ 270.:11 a6 ;5>c4a61>. = "hen the purchaser is the 5udgment obligee) and no third1part' claim has been filed) he or she need not pa' the amount of the bid if it does not exceed the amount of his or her 5udgment. If it does) he or she shall pa' onl' the excess. $21% SEC" 0"**" A,825>n?1n/ 23 6a01. = *' written consent of the 5udgment obligor and obligee) or their dul' authori0ed representati es) the

141
officer ma' ad5ourn the sale to an' date and time agreed upon b' them. "ithout such agreement) he or she ma' ad5ourn the sale from da' to da' if it becomes necessar' to do so for lack of time to complete the sale on the da' fixed in the notice or the da' to which it was ad5ourned. $22% SEC" 0"*$" C2n91<anc1 /2 ;5>c4a61> 23 ;1>62na0 ;>2;1>/< ca;a701 23 ?an5a0 ,10.91><. = "hen the purchaser of an' personal propert') capable of manual deli er') pa's the purchase price) the officer making the sale must deli er the propert' to the purchaser and) if desired) execute and deli er to him or her a certificate of sale. The sale con e's to the purchaser all the rights which the 5udgment obligor had in such propert' as of the date of the le ' on execution or preliminar' attachment. $23% SEC" 0"*0" C2n91<anc1 /2 ;5>c4a61> 23 ;1>62na0 ;>2;1>/< n2/ ca;a701 23 ?an5a0 ,10.91><. = "hen the purchaser of an' personal propert') not capable of manual deli er') pa's the purchase price) the officer making the sale must execute and deli er to the purchaser a certificate of sale. 7uch certificate con e's to the purchaser all the rights which the 5udgment obligor had in such propert' as of the date of the le ' on execution or preliminar' attachment. $2:% SEC" 0"*1" C2n91<anc1 23 >1a0 ;>2;1>/<B c1>/.3.ca/1 /41>123 :.91n /2 ;5>c4a61> an, 3.01, @./4 >1:.6/>< 23 ,11,6. ? &pon a sale of real propert') the officer must gi e to the purchaser a certificate of sale containing@ $a% $b% $c% $d% , particular description of the real propert' soldA The price paid for each distinct lot or parcelA The whole price paid b' himA , statement that the right of redemption expires one $1% 'ear from the date of the registration of the certificate of sale.
Such certificate 9ust 8e re7istered in the re7istr: of deeds of the 5lace @here the 5ro5ert: is situated. $2;% SEC" 0"*3" C1>/.3.ca/1 23 6a01 @41>1 ;>2;1>/< c0a.?1, 7< /4.>, ;1>62n. = "hen a propert' sold b' irtue of a writ of execution has been claimed b' a third person) the certificate of sale to be issued b' the sheriff pursuant to 7ections 23) 2: and 2; of this Rule shall make express mention of the existence of such third1part' claim. $2<%

SEC" 0"*)" (42 ?a< >1,11? >1a0 ;>2;1>/< 62 620,. = Real propert' sold as pro ided in the last preceding section) or an' part thereof sold separatel') ma' be redeemed in the manner hereinafter pro ided) b' the following persons@ $a% $b% The 5udgment obligor) or his or her successor in interest in the whole or an' part of the propert'A , creditor ha ing a lien b' irtue of an attachment) 5udgment or mortgage on the propert' sold) or on some part thereof) subseBuent to the lien under which the propert' was sold. 7uch redeeming creditor is termed a redemptioner. $26%
SEC" 0"*4" T.?1 an, ?ann1> 23 an, a?25n/6 ;a<a701 2n) 65cc166.91 >1,1?;/.2n6B n2/.c1 /2 71 :.91n an, 3.01,. = The 5udgment obligor) or redemptioner) ma' redeem the propert' from the purchaser) at an' time within one $1% 'ear from the date of the registration of the certificate of sale) b' pa'ing the purchaser the amount of his or her purchase) with one ;1> c1n/5? per month interest thereon in addition) up to the time of redemption) together with the amount of an' assessments or taxes which the purchaser ma' ha e paid thereon after purchase) and interest on such last named amount at the same rateA and if the purchaser be also a creditor ha ing a prior lien that of the redemptioner) other than the 5udgment under which such purchase was made) the amount of such9 other lien) with interest. !ropert' so redeemed ma' again be redeemed within sixt' $<4% da's after the last redemption upon pa'ment of the sum paid on the last redemption) with two ;1> c1n/5? thereon in addition) and the amount of an' assessments or taxes which the last redemptioner ma' ha e paid thereon after redemption b' him) with interest on such last1named amount) and in addition) the amount of an' liens held b' said last redemptioner prior to his or her own) with interest. The propert' ma' be again) and as often as a redemptioner is so disposed) redeemed from an' pre ious redemptioner within sixt' $<4% da's after the last redemption) on pa'ing the sum paid on the last pre ious redemption) with two ;1> c1n/5? thereon in addition) and the amounts of an' assessments or taxes which the last pre ious redemptioner paid after the redemption thereon) with interest thereon) and the amount of an' liens9 held b' the last redemptioner prior to his or her own) with interest. Hritten notice of an: rede95tion 9ust 8e 7iven to the officer @ho

143
9ade the sale and a du5licate filed @ith the re7istr: of deeds of the 5lace= and if an: assess9ents or ta<es are 5aid 8: the rede95tioner or if he or she has or ac6uires an: lien other than that u5on @hich the rede95tion @as 9ade= notice thereof 9ust in liEe 9anner 8e 7iven to the officer and filed @ith the re7istr: of deeds; if such notice 8e not filed= the 5ro5ert: 9a: 8e redee9ed @ithout 5a:in7 such assess9ents= ta<es= or liens. $2>% SEC" 0"*." -ffect of redemption b' 5udgment obligor) and a certificate to be deli ered and recorded thereuponA to whom pa'ments on redemption made. ? If the 5udgment obligor redeems) he or she must make the same pa'ments as are reBuired to effect a redemption b' a redemptioner) whereupon) no further redemption shall) be allowed and he or she is restored to his or her estate. The person to whom the redemption pa'ment is made must execute and deli er to him or her a certificate of redemption acknowledged before a notar' public or other officer authori0ed to take acknowledgments of con e'ances of real propert'. 7uch certificate must be filed and recorded in the registr' of deeds of the place in which the propert' is situated) and the registrar of deeds must note the record thereof on the margin of the record of the certificate of sale. The pa'ments mentioned in this and the last preceding sections ma' be made to the purchaser or redemptioner) or for him or her to the officer who made the sale. $2=% SEC" 0"$-" P>223 >1A5.>1, 23 >1,1?;/.2n1>. = , redemptioner must produce to the officer) or person from whom he or she seeks to redeem) and ser e with his or her notice to the officer a cop' of the 5udgment or final order under which he or she claims the right to redeem) certified b' the clerk of the court wherein the 5udgment or final order is enteredA or) if he or she redeems upon a mortgage or other lien) a memorandum of the record thereof) certified b' the registrar of deedsA or an original or certified cop' of an' assignment necessar' to establish his or her claimA and an affida it executed b' him or her or his or her agent) showing the amount then actuall' due on the lien. $34% SEC" 0"$#" Mann1> 23 56.n: ;>1?.616 ;1n,.n: >1,1?;/.2nB @a6/1 >16/>a.n1,. = &ntil the expiration of the time allowed for redemption) the court ma') as in other proper cases) restrain the commission of waste on the propert' b' in5unction) on the application of the purchaser or the 5udgment o8li7or) with or without noticeA but it is not waste for a person in possession of the propert' at the time of the sale) or entitled to possession afterwards)

during the period allowed for redemption) to continue to use it in the same manner in which it was pre iousl' usedA or to use it in the ordinar' course of ad9inistrationA or to make the necessar' repairs to buildings thereon while he or she occupies the propert'. $31a% SEC" 0"$*" R1n/6) 1a>n.n:6 an, .nc2?1 23 ;>2;1>/< ;1n,.n: >1,1?;/.2n. = The purchaser or a redemptioner shall not be entitled to recei e the rents) earnings and income of the propert' sold on execution) or the alue of the use and occupation thereof when such propert' is in the possession of a tenant. ,ll rents) earnings and income deri ed from the propert' pending redemption shall belong to the 5udgment obligor until the expiration of his or her period of redemption. $32% SEC" 0"$$" D11, an, ;266166.2n /2 71 :.91n a/ 1C;.>a/.2n 23 >1,1?;/.2n ;1>.2,B 7< @42? 1C1c5/1, 2> :.91n. = If no redemption is made within one $1% 'ear from the date of the registration of the certificate of sale) the purchaser is entitled to a con e'ance and possession of the propert'A or) if so redeemed whene er sixt' $<4% da's ha e elapsed and no other redemption has been made) and notice thereof gi en) and the time for redemption has expired) the last redemptioner is entitled to the con e'ance and possessionA but in all cases the 5udgment obligor shall ha e the entire period of one $1% 'ear from the date of the registration of the sale to redeem the propert'. The deed shall be executed b' the officer making the sale or b' his or her successor in office) and in the latter case shall ha e the same alidit' as though the officer making the sale had continued in office and executed it. (5on the e<5iration of the ri7ht of rede95tion= the 5urchaser or rede95tioner shall 8e su8stituted to and ac6uire all the ri7hts= title= interest and clai9 of the >ud79ent o8li7or to the 5ro5ert: as of the ti9e of the lev:" The 5ossession of the 5ro5ert: shall 8e 7iven to the 5urchaser or last rede95tioner 8: the sa9e officer unless a third 5art: is actuall: holdin7 the 5ro5ert: adversel: to the >ud79ent o8li7or. $33% SEC" 0"$0" R1c291>< 23 ;>.c1 .3 6a01 n2/ 1331c/.91B >19.9a0 23 85,:?1n/. = If the purchaser of real propert' sold on execution) or his or her successor in interest) fails to reco er the possession thereof) or is e icted therefrom) in conseBuence of irregularities in the proceedings concerning the sale) or because the 5udgment has been re ersed or set aside) or because the propert' sold was exempt from execution) or because a third person has

145
indicated his or her claim= to the propert') he or she ma' on motion in the same action or in a separate action reco er from the 5udgment obligee the price paid) and fro9 the >ud79ent o8li7or the 5ortion of the 5urchase 5rice that 9a: have 8een delivered to the >ud79ent o8li7or= and in 8oth cases @ith interest fro9 the date of e<ecution sale" $3:a% SEC" 0"$1" R.:4/ /2 c2n/>.75/.2n 2> >1.?75>61?1n/. = "hen propert' liable to an execution against se eral persons is sold thereon) and more than a due proportion of the 5udgment is satisfied out of the proceeds of the sale of the propert' of one of them) or one of them pa's) without a sale) more than his or her proportion) he or she ma' compel a contribution from the othersA and when a 5udgment is upon an obligation of one of them) as securit' for another) and the suret' pa's the amount) or an' part thereof) either b' sale of his or her propert' or before sale) he or she ma' compel repa'ment from the principal. $3;% SEC" 0"$3" ECa?.na/.2n 23 85,:?1n/ 270.:2> @41n 85,:?1n/ 5n6a/.63.1,. = "hen the return of a writ of execution issued against propert' of a 5udgment obligor) or an' one of se eral obligors in the same 5udgment) shows that the 5udgment remains unsatisfied) in whole or in part) the 5udgment obligee) at an' time after such return is made) shall be entitled to an order from the court which rendered the said 5udgment) reBuiring such 5udgment obligor to appear and be examined concerning his or her propert' and income before such court or before a commissioner appointed b' it) at a specified time and placeA and proceedings ma' thereupon be had for the application of the propert' and income of the 5udgment obligor towards the satisfactions of the 5udgment. *ut no 5udgment obligor shall be so reBuired to appear before a court or commissioner outside the pro ince or cit' in which such obligor resides or is found. $3<% SEC" 0"$)" ECa?.na/.2n 23 270.:2> 23 85,:?1n/ 270.:2>. = "hen the return of a writ of execution against the propert' of a 5udgment obligor shows that the 5udgment remains unsatisfied) in whole or in part) and upon proof to the satisfaction of the court which issued the writ) that a person) corporation) or other 5uridical entit' has propert' of such 5udgment obligor or is indebted to him) the court ma') b' an order) reBuire such person) corporation) or other 5uridical entit') or an' officer or member thereof) to appear before the court or a commissioner appointed b' it) at a time and place within the pro ince or cit' where such debtor resides or is found) and be examined concerning the same. The ser ice of the order shall bind all

credits due the 5udgment obligor and all mone' and propert' of the 5udgment obligor in the possession or in the control of such person) corporation) or 5uridical entit' from the time of ser iceA and the court ma' also reBuire notice of such proceedings to be gi en to an' part' to the action in such manner as it ma' deem proper. $36% SEC" 0"$4" En32>c1?1n/ 23 a//1n,anc1 an, c2n,5c/ 23 1Ca?.na/.2n. = , part' or other person ma' be compelled) b' an order or subpoena) to attend before the court or commissioner to testif' as pro ided in the two preceding sections) and upon failure to obe' such order or subpoena or to be sworn) or to answer as a witness or to subscribe his or her deposition) ma' be punished for contempt as in other cases. -xaminations shall not be undul' prolonged) but the proceedings ma' be ad5ourned from time to time) until the' are completed. If the examination is before a commissioner) he or she must take it in writing and certif' it to the court. ,ll examinations and answers before a court or commissioner must be under oath) and when a corporation or other 5uridical entit' answers) it must be on the oath of an authori0ed officer or agent thereof. $3>% SEC" 0"$." O70.:2> ?a< ;a< 1C1c5/.2n a:a.n6/ 270.:11. = ,fter a writ of execution against propert' has been issued) a person indebted to the 5udgment obligor ma' pa' to the sheriff holding the writ of execution the amount of his or her debt or so much thereof as ma' be necessar' to satisf' the 5udgment) in the manner prescribed in 7ection of this Rule and the sheriffs receipt shall be a sufficient discharge for the amount so paid or directed to be credited b' the 5udgment obligee on the execution. $3=% SEC" 0"0-" O>,1> 32> a;;0.ca/.2n 23 ;>2;1>/< an, .nc2?1 /2 6a/.63ac/.2n 23 85,:?1n/. = The court ma' order an' propert' of the 5udgment obligor) or mone' due him) not exempt from execution) in the hands of either himself or another person) or of a corporation or other 5uridical entit') to be applied to the satisfaction of the 5udgment) sub5ect to an' prior rights o er such propert'. If) upon in estigation of his or her current income and expenses) it appears that the earnings of the 5udgment obligor for his or her personal ser ices are more than necessar' for the support of his or her famil') the court ma' order that he or she pa' the 5udgment in fixed monthl' installments) and upon his or her failure to pa' an' such installment when due without good excuse) ma' punish him or her for indirect contempt. $:4%

147
SEC" 0"0#" A;;2.n/?1n/ 23 >1c1.91>.* The court ma' appoint a recei er of the propert' of the 5udgment obligor. The court ma' also forbid a transfer or other disposition of) or an' interference with) the propert' of the 5udgment obligor not exempt from execution. $:1% SEC" 0"0*" Sa01 23 a6c1>/a.na701 .n/1>16/ 23 85,:?1n/ 270.:2> .n >1a0 16/a/1. = If it appears that the 5udgment obligor has an interest in real estate in the place in which proceedings are had) as mortgagor or mortgagee or otherwise) and his or her interest therein can be ascertained without contro ers') the recei er ma' be ordered to sell and con e' such real estate or the interest of the obligor thereinA and such sale shall be conducted in all respects in the same manner as is pro ided for the sale of real estate upon execution) and the proceedings thereon shall be appro ed b' the court before the execution of the deed. $:2% SEC" 0"0$" P>2c11,.n:6 @41n .n,17/1,n166 ,1n.1, 2> an2/41> ;1>62n c0a.?6 /41 ;>2;1>/<. = If it appears that a person or corporation) alleged to ha e propert' of the 5udgment obligor or to be indebted to him) claims an interest in the propert' ad erse to him or her or denies the debt) the court ma' authori0e) b' an order made to that effect) the 5udgment obligee to institute an action against such person or corporation for the reco er' of such interest or debt) forbid a transfer or other disposition of such interest or debt within one hundred twent' $124% da's from notice of the order) and ma' punish disobedience of such order as for contempt. 7uch order ma' be modified or acated at an' time b' the court) which issued it) or b' the court in which the action is brought) upon such terms as ma' be 5ust. $:3% SEC" 0"00" En/>< 23 6a/.63ac/.2n 23 85,:?1n/ 7< c01>E 23 c25>/. ? 7atisfaction of a 5udgment shall be entered b' the clerk of court in the court docket) and in the execution book) upon the return of a writ of execution showing the full satisfaction of the 5udgment) or upon the filing of an admission to the satisfaction of the 5udgment executed and acknowledged in the same manner as a con e'ance of real propert' b' the 5udgment obligee or b' his or her counsel unless a re ocation of his or her authorit' is filed) or upon the endorsement of such admission b' the 5udgment obligee or his or her counsel on the face of the record of the 5udgment. $::% SEC" 0"01" En/>< 23 6a/.63ac/.2n @./4 2> @./425/ a,?.66.2n. = "hene er a 5udgment is satisfied in fact) or otherwise than upon an execution) on demand of the 5udgment obligor) the 5udgment obligee or his

or her counsel must execute and acknowledge) or indorse) an admission of the satisfaction as pro ided in the last preceding section) and after notice and upon motion the court ma' order either the 5udgment obligee or his or her counsel to do so) or ma' order the entr' of satisfaction to be made without such admission. $:;% SEC" 0"03" (41n ;>.nc.;a0 725n, 7< 85,:?1n/ a:a.n6/ 65>1/<. = "hen a 5udgment is rendered against a part' who stands as suret' for another) the latter is also bound from the time that he or she has notice of the action or proceeding) and an opportunit' at the suret'9s reBuest to 5oin in the defense. $:<% SEC" 0"0). E331c/ 23 85,:?1n/6 2> 3.na0 2>,1>6. = The effect of a 5udgment or final order rendered b' a court of the !hilippines) ha ing 5urisdiction to pronounce the 5udgment or final order) ma' be as follows@ $a% In case of a 5udgment or final order against a specific thing) or in respect to the probate of a will) or the administration of the estate of a deceased person) or in respect to the personal) political) or legal condition or status of a particular person or his or her relationship to another) the 5udgment or final order is conclusi e upon the title to the thing) the will or administration) or the condition) status or relationship of the personA howe er) the probate of a will or granting of letters of administration shall onl' be prima facie e idence of the death of the testator or intestateA In other cases) the 5udgment or final order is) with respect to the matter directl' ad5udged or as to an' other matter that could ha e been raised in relation thereto) conclusi e between the parties and their successors in interest b' title subseBuent to the commencement of the action or special proceeding) litigating for the same thing and under the same title and in the same capacit'A and In an' other litigation between the same parties of their successors in interest) that onl' is deemed to ha e been ad5udged in a former 5udgment or final order which appears upon its face to ha e been so ad5udged) or which was actuall' and necessaril' included therein or
$b%
$c%

149
necessar' thereto. $:6% SEC" 0"04" 2oreign 5udgmentsA how commenced and their effect. B $a% $b% How commenced B co95laint to enforce the forei7n >ud79ent shall 8e filed @ith the 5ro5er court. #ffect B The effect of a 5udgment or final order of a tribunal of a foreign countr') ha ing 5urisdiction to render the 5udgment or final order= is as follows@ 1. In case of a 5udgment or final order a7ainst a specific thing) the 5udgment or final order is conclusi e upon the title to the thingA and In case of a 5udgment or final order against a person) the 5udgment or final order is presumpti e e idence of a right as between the parties and their successors in interest b' a subseBuent title.
2.
In either case= the >ud79ent or final order 9a: 8e re5elled 8: evidence of a @ant of >urisdiction= @ant of notice to the 5art:= collusion= fraud= or clear 9istaEe of la@ or fact. $:>a% 7-C. :.:=. E331c/ 23 a 32>1.:n a>7./>a0 a@a>,. ? The 5udgment or final order of a foreign arbitral bod' ha ing 5urisdiction to render the 5udgment or final order shall be binding and conclusi e on the parties. ,n action for confirmation and enforcement of a foreign arbitral award shall be sub5ect to the following@ $a% F2>1.:n a>7./>a0 a@a>, n2/ 65781c/ /2 c25>/ >19.1@ . ? forei7n ar8itral a@ard shall not 8e su8>ect to >udicial revie@" n: >udicial in6uir: @ill 8e li9ited to the 6uestion of @hether there @as an a7ree9ent to ar8itrate or @hether the ar8itration @as conducted in a la@ful 9anner. C2n3.>?a/.2n 23 32>1.:n a>7./>a0 a@a>,. ? 9ust confir9 a forei7n ar8itral a@ard unless@ 1. 2. court
$b%
It is sho@n that there is no valid a7ree9ent to ar8itrateA It is sho@n that the ar8itration @as conducted in an unla@ful 9anner or not in accordance

@ith the a7ree9ent of the 5arties. $c% The a@ard is attended 8: fraud= collusion or a clear 9istaEen of fact or la@. $n%

151
TITLE I!: APPEALS Rule # PROCED(RE FOR PPE LS %R0-& This Chapter shall go ern re iew b' appeal of a 5udgment) final order or resolution that disposes of or terminates a case. The procedure for such appeals shall be uniform in all court le els) sa e when otherwise pro ided under these Rules. $n% Rule * PPE LS FRO+ FIRST LE!EL CO(RTS %R0#& SECTION *"#" S5781c/ 23 a;;1a0. = ,n appeal ma' be taken from a 5udgment) order or resolution of a First Level Court that finall: disposes of a case) or of a particular matter therein when declared b' these Rules to be appealable. No appeal ma' be taken from@ $a% ,n order den'ing a petition for relief from 5udgmentA $b% $c% $d% ,n interlocutor' orderA ,n order disallowing or dismissing an appealA ,n order den'ing a motion to set aside a 5udgment b' compromise a7ree9ent) consent) or confession on the ground of fraud) mistake or duress) or an' other ground itiating consentA ,n order of executionA , 5udgment or final order or resolution for or against one or more of se eral parties) or in separate claims) counterclaims) cross1claims and third1part' complaints) while the main case is pending) unless the court allows itA ,n order dismissing an action without pre5udice.
$e% $f%
$g%
In all these instances where an appeal is disallowed) the aggrie ed

part' ma' file a special ci il action for certiorari for gra e abuse of discretion. $1a% SEC" *"*" $2@ /2 a;;1a0. ? ,n appeal from a 5udgment) order or resolution of a 2irst (e el Court that finall' disposes of a case shall be taken b' filing a notice of appeal with the same court that rendered the 5udgment) order or resolution) within fifteen $1;% da's from receipt of such 5udgment) order or resolution. ,ppellate docket fees shall be paid within the same period of fifteen $1;% da's and proof of such pa'ment shall be attached to the notice of appeal. No motion for extension of time to file a notice of appeal or pa' the appeal fees shall be granted. The 5eriod of a55eal shall 8e interru5ted 8: a ti9el: 9otion for ne@ trial or reconsideration" No 9otion for e<tension of ti9e to file a 9otion for ne@ trial or reconsideration shall 8e allo@ed. 7hould a part' file a motion for new trial or reconsideration and the motion be denied) the appellant shall ha e a fresh period of fifteen $1;% da's from receipt of the order of denial within which to file a notice of appeal. %n& SEC" *"$" N2/.c1 23 a;;1a0. ? The notice of appeal shall indicate the parties to the appeal) the 5udgment or final order or part thereof appealed from) and the material dates showing the timeliness of the appeal. $;a% SEC" *"0" R1c2>, 2n a;;1a0. ? , record on appeal will be reBuired in cases of multiple or separate appeals. In such cases) the appellant shall file a notice of appeal and record on appeal simultaneousl' within thirt' $34% da's from notice of the 5udgment or final order or resolution) or of the order den'ing the motion for new trial or reconsideration. record on a55eal shall si95l: 8e an e<act co5: of the 5ertinent 5ortion of the ori7inal record certified true and correct 8: the Cranch ClerE of Court of the court @hose >ud79ent= order or resolution is the su8>ect of an a55eal" The certification to7ether @ith a ta8le of contents shall acco95an: the record on a55eal" In a55eals= @hich raise factual issues= the record on a55eal shall also include all transcri5ts of steno7ra5hic notes and certified co5ies of docu9entar: evidence" O8>ect evidence shall 8e trans9itted to the a55ellate court onl: @hen re6uired 8: the latter. The cost for the certification and reproduction of the record shall be charged to the appellant. %n&

153
7-C. 2.;. A;;>29a0 23 n2/.c1 23 a;;1a0. ? "ithin fi e $;% da's from receipt of a notice of appeal) the 2irst (e el Court shall act on the same either to appro e it) if filed seasonabl' and with full pa'ment of the reBuired fees) or to den' it) if the appeal is improper) if filed late or if no proof of pa'ment is submitted. $6a% 7-C. 2.<. P>2c1,5>1 a3/1> a;;>29a0 23 n2/.c1 23 a;;1a0. = &pon appro al b' the 2irst (e el Court of the notice of appeal) the branch clerk of court shall cause the completion of the records including the transcripts of stenographic notes. The court shall direct the appellant to submit the appellantGs brief within thirt' $34% da's from receipt of the order to file it) and the appellee to submit the appelleeGs brief within thirt' $34% da's from receipt of the order to file appelleeGs brief. No repl' brief shall be filed. %n& SEC" *")" EC/1n6.2n 23 /.?1 32> 3.0.n: 7>.136. = No extension of time for the filing of an appeal brief shall be granted. Dowe er) for most compelling reason) upon motion filed before the expiration of the period sought to be extended) the 2irst (e el Court ma' grant onl' one thirt' $34% da' extension of the period to file appeal brief. $n% SEC" *"4" A;;1a0 7>.136. ? The partiesG respecti e briefs on appeal shall follow the format and other reBuirements under Title IM) Rule ;. $n% SEC" *"." P1>31c/.2n 23 a;;1a0. = ,n appeal of a part' shall be deemed perfected as to him or her upon the timel' filing of a notice of appeal) with a record on appeal when reBuired) and pa'ment of the appeal fees. The court loses 5urisdiction o er the case upon the perfection of the appeals and the expiration of the time to appeal of the other parties. $=a% !rior to transmittal of the complete records with the partiesG briefs to the appellate court) the court which issued the 5udgment) order or resolution sub5ect of the appeal retains residual 5urisdiction o er the case and ma' issue orders for the protection and preser ation of the rights of the parties which do not in ol e an' issue raised on appeal) appro e compromises) permit appeals of indigents) grant execution pending appeal in accordance with 7ection 2 of Title IM) Rule :) and allow the withdrawal of an appeal. %n& SEC" *"#-" T>an6?.//a0 23 >1c2>, /2 a;;100a/1 c25>/. = "ithin ninet'

$=4% da's from the perfection of an appeal) the *ranch Clerk of Court of the court whose 5udgment) order or resolution is sub5ect of the appeal) shall undertake the following@ $a% Jerif' the correctness and completeness of the original record or record on appeal) as the case ma' be) and issue a certification to that effect. If inco95lete= to e<ert all efforts to co95lete such record or record on a55eal" If des5ite these efforts= the record could not 8e co95leted= the Cranch ClerE of Court shall state this fact in the letter of trans9ittal to the a55ellate court= s5ecif:in7 the 9issin7 5arts of the record and the reason for the loss. Collate co5ies of all transcri5ts of steno7ra5hic notes for inclusion in the record to 8e trans9itted= @ith corres5ondin7 references in the Ta8le of Contents to the na9es of the @itnesses and the 5a7es of the record @here the transcri5ts of their testi9onies are found. Transmit the co95lete record) to7ether @ith the 8riefs= to the a55ellate court @ith a letter of trans9ittal" The 5arties shall 8e furnished co5ies of the letter of trans9ittal. $14a) 12a%
$b%
$c%
$d%
SEC" *"##" P>2c1,5>1 .n /41 S1c2n, L1910 C25>/. ? The 7econd (e el Court) upon receipt of the complete record) together with the briefs) shall issue an order declaring the appeal submitted for 5udgment. It shall then decide the appeal within ninet' $=4% da's from its submission for 5udgment. $n% SEC" *"#*" G>25n,6 32> ,.6?.66a0 23 a;;1a0. = ,n appeal ma' be dismissed b' the first le el court) ?2/5 ;>2;>.2 or on motion of the appellee) on the following grounds@ $a% $b% $c% Failure to file the notice of a55eal or the record on a55eal @ithin the 5eriod 5rescri8ed 8: these RulesA Failure of the a55ellant to 5a: the 5ro5er docEet and other la@ful fees as 5rovided in Section * of this RuleA Failure of the a55ellant to serve and file the re6uired

155
nu98er of co5ies of his or her 8rief @ithin the ti9e 5rovided 8: these RulesA and $d% n: other 7round that sho@s that the a55eal is i95ro5er. $n%
SEC" *"#$" F.na0./< 23 ,1c.6.2n. ? The decision of the 7econd (e el Court on the appeal shall be final and unappealable. 2or gra e abuse of discretion amounting to lack of 5urisdiction or excess of 5urisdiction) the decision of the 7econd (e el Court on the appeal ma' be made sub5ect of a petition for certiorari with the Court of ,ppeals under Title M) Rule ;. $n% SEC" *"#0" A;;1a06 3>2? 2>,1>6 ,.6?.66.n: ca61 @./425/ />.a0B 0acE 23 85>.6,.c/.2n. = If an appeal is taken from an order or resolution of the First Level Court dismissing the case without a trial on the merits) the Second Level Court shall: $a% Tr' the case and decide it on the merits) as if it was originall' filed with it) if it affir9s the dis9issal and the ground for dismissal is lack of 5urisdiction of the First Level Court o er the sub5ect matter) and the Second Level Court has >urisdiction over it" In cases 7overned 8: the rule on su99ar: 5rocedure= if the case did not reach the 5reli9inar: conference= re9and the case to the First Level Court for further 5roceedin7s if it reverses the dis9issal" If there are no further 5roceedin7s that 9a: 8e conducted 8elo@= render a >ud79ent on the 9erits of the a55eal if it reverses the First Level Court= as 5rovided in 5ara7ra5hs %a& and %8&" $n%
$b%
%c&
If the case @as tried on the 9erits 8: the 2irst (e el Court which does not ha e >urisdiction over the su8>ect 9atter= and the 7econd (e el Court has original 5urisdiction o er it) the 7econd (e el Court shall decide the case on the merits @ithout 5re>udice to the ad9ission of a9ended 5leadin7s and further reception of e idence) if 5ustice so reBuires. %R0S4a&

Rule $ PPE LS FRO+ SECOND LE!EL CO(RTS %R0*& SECTION $"#" Sub&ect of appeal" B n a55eal 9a: 8e taEen fro9 a >ud79ent= order or resolution of a Second Level Court that finall: dis5oses of a case= or of a 5articular 9atter therein @hen declared 8: these Rules to 8e a55eala8le= e<ce5t orders s5ecified under Title !III= Rule *= Section # of these Rules" $n% SEC" $"*" How to appeal. n a55eal fro9 a >ud79ent= order or resolution of a Second Level Court that finall: dis5oses of a case shall 8e taEen 8: filin7 a notice of a55eal @ith the sa9e court that rendered the >ud79ent= order or resolution= @ithin fifteen %#1& da:s fro9 recei5t of such >ud79ent= order or resolution" 55ellate docEet fees shall 8e 5aid @ithin the sa9e 5eriod of fifteen %#1& da:s and 5roof of such 5a:9ent shall 8e attached to the notice of a55eal" No 9otion for e<tension of ti9e to file a notice of a55eal or 5a: the a55eal fees shall 8e 7ranted" The 5eriod of a55eal shall 8e interru5ted 8: a ti9el: 9otion for ne@ trial or reconsideration" No 9otion for e<tension of ti9e to file a 9otion for ne@ trial or reconsideration shall 8e allo@ed" 7hould a part' file a motion for new trial or reconsideration and the motion be denied) the appellant shall ha e a fresh period of fifteen $1;% da's from receipt of the order of denial within which to file a notice of appeal. %n& SEC" $"$" N2/.c1 23 a;;1a0. ? The notice of appeal shall indicate the parties to the appeal) the 5udgment or final order or part thereof appealed from) and the material dates showing the timeliness of the appeal. $R:1 7;a% SEC" $"0" (ecord on appeal" B record on a55eal shall 8e re6uired in cases of 9ulti5le or se5arate a55eals" In such cases= the a55ellant shall file a notice of a55eal and record on a55eal si9ultaneousl: @ithin thirt: da:s fro9 notice of the >ud79ent or final order or resolution= or of the order den:in7 the 9otion for ne@ trial or reconsideration" record on a55eal shall si95l: 8e an e<act co5: of the 5ertinent 5ortion of the ori7inal record certified true and correct 8: the Cranch ClerE of Court of the court @hose >ud79ent= order or resolution is the

157
su8>ect of an a55eal" The certification to7ether @ith a ta8le of contents shall acco95an: the record on a55eal" In a55eals= @hich raise factual issues= the record on a55eal shall also include all transcri5ts of steno7ra5hic notes and certified co5ies of docu9entar: evidence" O8>ect evidence shall 8e trans9itted to the a55ellate court onl: @hen re6uired 8: the latter" The cost for the certification and reproduction of the record shall be charged to the appellant. %n& SEC" $"1" A;;>29a0 23 n2/.c1 23 a;;1a0. = "ithin fi e $;% da's from receipt of a notice of a55eal= the Second Level Court shall act on the sa9e either to a55rove it= if filed seasona8l: and @ith full 5a:9ent of the re6uired fees= or to den: it= if the a55eal is i95ro5er= if filed late or if no 5roof of 5a:9ent is su89itted" $R:1 76a% SEC" $"3" Procedure after approval of notice of appeal. If the Second Level Court a55roves the notice of a55eal= it shall direct the a55ellant to su89it the a55ellantKs 8rief @ithin thirt: %$-& da:s fro9 recei5t of the order to file it= and the a55ellee to su89it the a55elleeKs 8rief @ithin thirt: %$-& da:s fro9 recei5t of the a55ellantKs 8rief" No repl' brief shall be filed. %n& SEC" $")" # tension of time for filing briefs. No e<tension of ti9e for the filin7 of an a55eal 8rief shall 8e 7ranted" 2o@ever= for 9ost co95ellin7 reason= u5on 9otion filed 8efore the e<5iration of the 5eriod sou7ht to 8e e<tended= the Re7ional Trial Court 9a: 7rant onl: one thirt: %$-& da: e<tension of the 5eriod to file a55eal 8rief" $n% SEC" $"4" ,ppeal briefs" B The 5artiesK res5ective 8riefs on a55eal shall follo@ the for9at and other re6uire9ents under Title !III= Rule 1" $n% SEC" $"." Perfection of appeal. n a55eal of a 5art: shall 8e deemed perfected as to him or her upon the ti9el: filing of a notice of appeal= @ith a record on a55eal @hen re6uired= and 5a:9ent of the a55eal fees" The court loses 5urisdiction o er the case upon the perfection of the appeals and the expiration of the time to appeal of the other parties. $R:1 S)a%

!rior to transmittal of the complete records with the parties9 briefs to the appellate court) the court which issued the 5udgment) order or resolution sub5ect of the appeal) retains residual 5urisdiction o er the case and ma' issue orders for the protection and preser ation of the rights of the parties which do not in ol e an' issue raised on appeal) appro e compromises) permit appeals of indigents) grant execution pending appeal in accordance with Title JIII) Rule : 7ection 2) and allow the withdrawal of an appeal. %n& SEC" $"#-" T>an6?.//a0 23 >1c2>, /2 a;;100a/1 c25>/. = "ithin ninet: %.-& da:s from the perfection of an appeal) the Cranch ClerE of Court of the court @hose >ud79ent= order or resolution is su8>ect of the a55eal= shall undertaEe the follo@in7: $a% Jerif' the correctness and completeness of the original record or record on appeal) as the case ma' be) and issue a certification to that effect" If inco95lete= to e<ert all efforts to co95lete such record or record on a55eal" If des5ite these efforts= the record could not 8e co95leted= the Cranch ClerE of Court shall state this fact in a letter of trans9ittal to the a55ellate court= s5ecif:in7 the 9issin7 5arts of the record and the reason for the loss" The 5arties shall 8e furnished co5ies of the letter of trans9ittal" Collate co5ies of all transcri5ts of steno7ra5hic notes for inclusion in the record to 8e trans9itted= @ith corres5ondin7 references in the ta8le of contents to the na9es of the @itnesses and the 5a7es of the record @here the transcri5ts of their testi9onies are found" Transmit the record or record on a55eal= as the case 9a: 8e= to7ether @ith the 8riefs= to the a55ellate court under cover of a letter of trans9ittal" The 5arties shall 8e furnished co5ies of the letter of trans9ittal" $R:1 714) 12a%
$b%
%c&
%d&
SEC" $"##" Procedure in t"e Court of ,ppeals" B The Court of 55eals= u5on recei5t of the co95lete record to7ether @ith the 8riefs= shall issue an order declarin7 the a55eal su89itted for >ud79ent" It shall then decide the a55eal" $n%

159
SEC" $"#*" +rounds for dismissal of appeal. n a55eal 9a: 8e dis9issed 8: the second level court= motu proprio or on 9otion of the a55ellee= on the follo@in7 7rounds: %a& %8& %c& Failure to file the notice of a55eal or the record on a55eal @ithin the 5eriod 5rescri8ed 8: these Rules; Failure of the a55ellant to 5a: the docEet and other la@ful fees as 5rovided in Section * of this Rule; Failure of the a55ellant to serve and file the re6uired nu98er of co5ies of his or her 8rief @ithin the ti9e 5rovided 8: these Rules; and n: other 7round that sho@s that the a55eal is i95ro5er" $n%
%d&
SEC" $"#$" -inality of decision" B The decision of the Court of 55eals on the a55eal shall 8e final and una55eala8le" For 7rave a8use of discretion a9ountin7 to lacE of >urisdiction or e<cess of >urisdiction= the decision of the Court of 55eals on the a55eal 9a: 8e 9ade su8>ect of a 5etition for certiorari @ith the Su5re9e Court under Title /I= Rule 1" $n% Rule 0 PPE LS FRO+ M( SIJ'(DICI L GENCIES %R0$& SECTION 0"#" Sc2;1. ? This Rule shall appl' to appeals from 5udgments or final orders) resolutions) awards) of or authori0ed b' an' Buasi1 5udicial agenc' in the exercise of its Buasi15udicial functions. These a7encies include the Ci il 7er ice Commission) 7ecurities and -xchange Commission) 8ffice of the !resident) (and Registration ,uthorit') 7ocial 7ecurit' 7'stem) #o ernment 7er ice Insurance 7'stem) Ci il ,eronautics *oard) Intellectual Pro5ert: Office) National -lectrification ,dministration) -nerg' Regulator' *oard) National Telecommunications Commission) 3epartment of ,grarian Reform under Republic ,ct No. <<;6) -mplo'ees Compensation Commission) ,gricultural In entions *oard) Insurance Commission) !hilippine ,tomic -nerg' Commission) *oard of In estments) Construction Industr' ,rbitration Commission= O98uds9an and oluntar' arbitrators authori0ed b' law. $1a%

SEC" 0"*" Ca616 n2/ c291>1,. ? This Rule shall not appl' to 5udgments or final orders issued under the (abor Code of the !hilippines. $2% SEC" 0"$" (41>1 /2 a;;1a0. = ,n appeal under this Rule ma' be taken to the Court of ,ppeals within the period and in the manner herein pro ided) whether the appeal in ol es Buestions of fact) of law) or mixed Buestions of fact and law. $3% SEC" 0"0. P1>.2, 23 a;;1a0. = The appeal shall be taken within fifteen $1;% da's from notice of the award) 5udgment) final order or resolution) or from the date of its last publication) if publication is reBuired b' law for its effecti it') or of the denial of petitioner9s motion for new trial or reconsideration dul' filed in accordance with the go erning law of the agenc' a A52. 8nl' one $1% motion for reconsideration shall be allowed. &pon proper motion and the pa'ment of the full amount of the docket fee before the expiration of the reglementar' period) the Court of ,ppeals ma' grant an additional period of fifteen $1;% da's onl' within which to file the petition for re iew. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen $1;% da's. $:% SEC" 0"1" $2@ a;;1a0 /aE1n. = ,ppeal shall be taken b' filing a erified petition for re iew in three %$& legible copies with the Court of ,ppeals) with proof of ser ice of a cop' thereof on the ad erse part' and on the agenc' a A52. The original cop' of the petition intended for the Court of ,ppeals shall be indicated as such b' the petitioner. (5on the filin7 of the 5etition= the 5etitioner shall 5a: to the clerE of court of the Court of 55eals the docEetin7 and other la@ful fees and de5osit the proper amount for costs" E<e95tion fro9 5a:9ent of docEetin7 and other la@ful fees and the de5osit for costs 9a: 8e 7ranted 8: the Court of 55eals u5on a verified 9otion settin7 forth valid 7rounds therefor" If the Court of 55eals denies the 9otion= the 5etitioner shall 5a: the docEetin7 and other la@ful fees and de5osit for costs @ithin fifteen %#1& da:s fro9 notice of the denial" %1a& SEC" 0"3" C2n/1n/6 23 /41 ;1/./.2n. = The petition for re iew shall $a% state the full names of the parties to the case) without impleading the court or agencies either as petitioners or respondentsA $b% contain a concise statement of the facts and issues in ol ed and the grounds relied upon for the re iewA $c% be accompanied b' a clearl' legible duplicate original or a certified true cop' of the award) 5udgment) final order or resolution appealed

161
from) together with certified true copies of such material portions of the record referred to therein and other supporting papersA and $d% contain a sworn certification against forum shopping as pro ided in the last paragraph of Title I!= Rule 4= Section 1. The petition shall state the specific material dates showing that it was filed within the period fixed herein. $<a% SEC" 0")" E331c/ 23 3a.05>1 /2 c2?;0< @./4 >1A5.>1?1n/6. = The failure of the petitioner to compl' with an' of the foregoing reBuirements regarding the pa'ment of the docket and other lawful fees) the deposit for costs) proof of ser ice of the petition) and the contents of and the documents which should accompan' the petition shall be sufficient ground for the dismissal thereof. $6% SEC" 0"4" Ac/.2n 2n /41 ;1/./.2n. = The Court of ,ppeals ma' reBuire the respondent to file a comment on the petition) within ten $14% da's from notice) or dismiss the petition if it finds the same to be patentl' without merit) prosecuted manifestl' for dela') or that the Buestions raised therein are too unsubstantial to reBuire consideration. $>% SEC" 0"." C2n/1n/6 23 c2??1n/. = The comment shall be filed within ten $14% da's from notice in three %$& legible copies and accompanied b' clearl' legible certified true copies of such material portions of the record referred to therein together with other supporting papers. The comment shall $a% point out insufficiencies or inaccuracies in petitioner9s statement of facts and issuesA and $b% state the reasons wh' the petition should be denied or dismissed. , cop' thereof shall be ser ed on the petitioner) and proof of such ser ice shall be filed with the Court of ,ppeals. $=a% SEC" 0"#-" D51 c25>61. = If upon the filing of the comment or such other pleadings or documents as ma' be reBuired or allowed b' the Court of ,ppeals or upon the expiration of the period for the filing thereof) and on the basis of the petition or the records the Court of ,ppeals finds ;>.?a 3ac.1 that the court or agenc' concerned has committed errors of fact or law that would warrant re ersal or modification of the award) 5udgment) final order or resolution sought to be re iewed) it ma' gi e due course to the petitionA otherwise) it shall dismiss the same. The findings of fact of the agenc' concerned) when supported b' substantial e idence) shall be binding on the Court of ,ppeals. $14% SEC" 0"##" T>an6?.//a0 23 >1c2>,. ? "ithin fifteen $1;% da's from

notice that the petition has been gi en due course) the Court of ,ppeals ma' reBuire the agenc' concerned to transmit the original or a legible certified true cop' of the entire record of the proceeding under re iew. The record to be transmitted ma' be abridged b' agreement of all parties to the proceeding. The Court of ,ppeals ma' reBuire or permit subseBuent correction of or addition to the record. $11% SEC" 0"#*" E331c/ 23 a;;1a0. = The appeal shall not sta' the award) 5udgment) final order of resolution sought to be re iewed unless the Court of ,ppeals shall direct otherwise upon such terms as it ma' deem 5ust. $12% SEC" 0"#$" S57?.66.2n 32> ,1c.6.2n. = If the petition is gi en due course) the Court of ,ppeals ma' set the case for oral argument or reBuire the parties to submit memoranda within a period of fifteen $1;% da's from notice. The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum reBuired b' these Rules or b' the Court of ,ppeals. $13% SEC" 0"#0. -inality of decision. ? The decision of the Court of 55eals on the a55eal shall 8e final and una55eala8le" For 7rave a8use of discretion a9ountin7 to lacE of >urisdiction or e<cess of >urisdiction= the decision of the Court of 55eals on the a55eal 9a: 8e 9ade su8>ect of a 5etition for certiorari @ith the Su5re9e Court under Title /I= Rule 1" $n% R(LE 1 REM(IRE+ENTS FOR PPE L CRIEFS %R00& SECTION 1"#" !itle of case. In all cases a55ealed under Title !III= Rule * and Title !III= Rule $= the title of the case shall re9ain as it @as in the court of ori7in= 8ut the 5art: a55ealin7 the case shall 8e further referred to as the a55ellant and the adverse 5art: as the a55ellee" $n% SEC" 1"*" -ormat and style" B The 5arties res5ective 8riefs shall confor9 to the follo@in7 for9at and st:le: %a& It shall 8e t:5ed or 5rinted sin7leJs5aced= @ith a one and a half %#N& s5ace 8et@een 5ara7ra5hs"

163
%8& %c& %d&
It shall 8e in siAe #0 font" It shall 8e t:5ed or 5rinted on a #$Jinch 8: 4"1Jinch @hite 8ond 5a5er" The 9ar7ins shall 8e #"1 inches on the left hand of the 5a7e= #"* inch on the ri7ht hand of the 5a7e= #"* inches at the to5 of the 5a7e= and # inch at the 8otto9 of the 5a7e" Ever: 5a7e 9ust 8e consecutivel: nu98ered at the center of the 8otto9 9ar7in of each 5a7e" $n%
SEC" 1"$" Copies to be -iled. (nless directed other@ise 8: the 55ellate Court= the nu98er of co5ies of a 5art:s 8rief shall 8e: %a& In the Su5re9e Court= one %#& Ori7inal so 9arEed and four %0& co5ies= unless the case is referred to the Court En Canc= in @hich event= ten %#-& additional co5ies shall 8e filed @ith the ori7inal" For a Division case= t@o %*& sets of anne<es shall 8e filed= one %#& attached to the ori7inal 8rief= and an e<tra co5:" %8& In the Court of 55eals and the Sandi7an8a:an= one %#& ori7inal so 9arEed and t@o %*& co5ies= each @ith anne<es" In the Court of Ta< 55eals= one %#& ori7inal so 9arEed and T@o %*& co5ies= each @ith anne<es" If the a55eal is to the Court of Ta< 55eals En Canc= one %#& ori7inal so 9arEed and ei7ht co5ies= each @ith anne<es" In Second and First Level Courts= One %#& ori7inal so 9arEed @ith co95lete anne<es" $n%
%c&
%d&
SEC" 1"$" C2n/1n/6 23 a;;100an/D6 7>.13. = The appellant9s brief shall contain) in the order herein indicated) the following@ $a% , sub5ect index of the matters in the brief and page references) and a table of cases alphabeticall' arranged) textbooks and statutes cited with references to the pages where the' are citedA ,n assignment of errors) which errors shall be stated in a
$b%

direct and s5ecific 9anner without repetition and numbered consecuti el'A $c% &nder the heading .7tatement of the Case)/ a clear and concise statement of the nature of the action) a summar' of the proceedings) the appealed rulings and orders of the court) the nature of the 5udgment and an' other matters necessar' to an understanding of the nature of the contro ers') with page references to the recordA &nder the heading .7tatement of 2acts)/ the follo@in7: 1. state9ent @hether a55ellant is 6uestionin7 the factual findin7s of the trial court" Hhere the a55ellant does not 6uestion the factual findin7s of the trial court= the a55ellant shall ado5t the factual findin7s in the a55ealed decision" Hhere the a55ellant 6uestions the factual findin7s of the trial court= the state9ent of facts 9ust include a clear and concise state9ent of the facts ad9itted 8: 8oth 5arties and of those in controvers:= citin7 s5ecific evidence on record that esta8lish each state9ent as a fact= @hether evidentiar: or 8ased on ad9issions or sti5ulations= @ith a55ro5riate references to the 5a7es in the record @here the: 9a: 8e found"
$d%
2.
$e%
&nder the heading .,rguments)/ the appellant9s arguments on each assignment of error with page references to the record. The authorities relied upon shall be cited b' the page of the report at which the case begins and the page of the report on which the citation is found@ &nder the heading FPra:er=G a specification of the order or 5udgment which the appellant seeksA and In cases not brought up b' record on appeal) the appellant9s brief shall contain) as an appendix) a cop' of the 5udgment or final order appealed from. $13a%
$f% $g%
SEC" 1"0" C2n/1n/6 23 a;;10011D6 7>.13. = The appellee9s brief shall contain) in the order herein indicated) the following@

165
$a%
, sub5ect index of the matters in the brief with page references) and a table of cases alphabeticall' arranged) textbooks and statutes cited with references to the pages where the' are citedA &nder the heading .7tatement of 2acts)/ the appellee shall state that he or she accepts the statement of facts in the appellant9s brief) or under the heading .Counter1 7tatement of 2acts)/ he or she shall point out such insufficiencies or inaccuracies as he or she belie es exist in the appellant9s statement of facts with references to the pages of the record in support thereof) but without repetition of matters in the appellant9s statement of factsA and &nder the heading .,rguments)/ the appellee shall set forth his or her arguments in the case on each assignment of error with page references to the record. The authorities relied on shall be cited b' the page of the report at which the case begins and the page of the report on which the citation is found. $1:a%
$b%
$c%
SEC" 1"1" -516/.2n6 /4a/ ?a< 71 >a.61, 2n a;;1a0.* "hether or not the appellant has filed a motion for new trial in the court below) he or she ma' include in his or her assignment of errors an' Buestion of law or fact that has been raised in the court below and which is within the issues framed b' the parties. $1;% Rule 3 PPE L C, CERTIOR RI HIT2 T2E S(PRE+E CO(RT %R01& SECTION 3"#" F.0.n: 23 ;1/./.2n @./4 S5;>1?1 C25>/. = , part' desiring to appeal b' certiorari from a 5udgment or final order or resolution of the Court of ,ppeals) the 7andiganba'an) the Regional Trial Court or other courts whene er authori0ed b' law) ma' file with the 7upreme Court a erified petition for re iew on certiorari. The petition ma' include an application for a writ of preliminar' in5unction or other pro isional remedies and shall raise onl' Buestions of law) which must be distinctl' set forth. The petitioner ma' seek the same pro isional remedies b' erified motion field

in the same action or proceeding at an' time during its pendenc'. $1% SEC" 3"*" T.?1 32> 3.0.n:B 1C/1n6.2n. = The petition shall be filed within fifteen $1;% da's from notice of the 5udgment or final order or resolution appealed from) or of the denial of the petitioner9s motion for new trial or reconsideration filed in due time after notice of the 5udgment. 8n motion dul' filed and ser ed) with full pa'ment of the docket and other lawful fees and the deposit for costs before the expiration of the reglementar' period) the 7upreme Court ma' for 5ustifiable reasons grant an extension of thirt' $34% da's onl' within which to file the petition. $2% SEC" 3"$" D2cE1/ an, 2/41> 0a@350 3116B ;>223 23 61>9.c1 23 ;1/./.2n. = &nless 41 2> 641 has theretofore done so) the petitioner shall pa' the corresponding docket and other lawful fees to the clerk of court of the 7upreme Court and deposit the 5ro5er amount for costs at the time of the filing of the petition. !roof of ser ice of a cop' thereof on the lower court concerned and on the ad erse part' shall be submitted together with the petition. $3a% SEC" 3"0" C2n/1n/6 23 ;1/./.2n. = The petition shall be filed in five %1& copies) with the original cop' intended for the court being indicated as such b' the petitioner) unless the case is referred to the Court En Canc= in @hich event= ten %#-& additional co5ies shall 8e filed @ith the ori7inal" The 5etition shall $a% state the full name of the appealing part' as the petitioner and the ad erse part' as respondent) without impleading the lower courts or 5udges thereof either as petitioners or respondentsA $b% indicate the material dates showing when notice of the 5udgment or final order or resolution sub5ect thereof was recei ed) when a motion for new trial or reconsideration) if an') was filed and when notice of the denial thereof was recei edA $c% set forth concisel' a statement of the matters in ol ed) and the reasons or arguments relied on for the allowance of the petitionA $d% be accompanied b' a clearl' legible duplicate original) or a certified true cop' of the 5udgment or final order or resolution certified b' the clerk of court of the court a A52 and the reBuisite number of plain copies thereof) and such material portions of the record as would support the petitionA and $e% contain a sworn certification against forum shopping as pro ided in Title IJ) Rule 4= Section $" $:a% SEC" 3"1" D.6?.66a0 2> ,1n.a0 23 ;1/./.2n. = The failure of the petitioner to compl' with an' of the foregoing reBuirements regarding the

167
pa'ment of the docket and other lawful fees) deposit for costs) proof of ser ice of the petition) and the contents of and the documents which should accompan' the petition shall be sufficient ground for the dismissal thereof. The Su5re9e Court 9a: on its o@n initiative den: the 5etition on the 7round that the a55eal is 5atentl: @ithout 9erit= or is 5rosecuted 9anifestl: for dela:= or that the 6uestions raised therein are too unsu8stantial to re6uire consideration" %1& SEC" 3"3" R19.1@ ,.6c>1/.2na><. = , re iew is not a matter of right) but of sound 5udicial discretion) and will be granted onl' when there are special and important reasons therefor. The following) while neither controlling nor full' measuring the court9s discretion) indicate the character of the reasons which will be considered@ $a% "hen the court a Buo has decided a Buestion of substance) not theretofore determined b' the 7upreme Court) or has decided it in a wa' probabl' not in accord with law or with the applicable decisions of the 7upreme CourtA or
$b% "hen the court a Buo has so far departed from the accepted and usual course of 5udicial proceedings) or so far sanctioned such departure b' a lower court) as to call for an exercise of the power of super ision. $<% SEC" 3")" P01a,.n:6 an, ,2c5?1n/6 /4a/ ?a< 71 >1A5.>1,B 6anc/.2n6. = 2or purposes of determining whether the petition should be dismissed or denied pursuant to 7ection ; of this Rule) or where the petition is gi en due course under 7ection > hereof) the 7upreme Court ma' reBuire or allow the filing of such pleadings) briefs) memoranda or documents as it ma' deem necessar' within such periods and under such conditions as it ma' consider appropriate) and impose the corresponding sanctions in case of non1filing or unauthori0ed filing of such pleadings and documents or non1compliance with the conditions thereof. $6% SEC" 3"4" D51 c25>61B 1019a/.2n 23 >1c2>,6. = If the petition is gi en due course) the 7upreme Court ma' reBuire the ele ation of the complete record of the case or specified parts thereof within fifteen $1;% da's from notice. $>% SEC" 3"." R501 a;;0.ca701 /2 72/4 c.9.0 an, c>.?.na0 ca616. = The

mode of appeal prescribed in this Rule shall be applicable to both ci il and criminal cases) except in criminal cases where the penalt' imposed is >1c056.2n ;1>;1/5a or life imprisonment. $=a%

169
TITLE !: PROCEDURE IN THE COURT OF APPEALS Rule # ORIGIN L C SES %R03& SECTION #"#" T./01 23 ca616. = In all cases originall' filed in the Court of ,ppeals) the part' instituting the action shall be called the petitioner and the opposing part' the respondent. $1% SEC" #"*" T2 @4a/ ac/.2n6 a;;0.ca701. = This Rule shall appl' to original actions for c1>/.2>a>.) prohibition) ?an,a?56 and A52 @a>>an/2. $2% E<ce5t as other@ise 5rovided= the actions for annul9ent of >ud79ent shall 8e 7overned 8: Tile IM) Rule 2) for certiorari= 5rohi8ition and 9anda9us 8: Title M) Rule ;= and for 'uo warranto 8: Title MI) Rule <" SEC" #"$" C2n/1n/6 an, 3.0.n: of ;1/./.2nB 1331c/ 23 n2n*c2?;0.anc1 @./4 >1A5.>1?1n/6. = T41 petition shall contain the full names and actual addresses of all the petitioners and respondents) a concise statement of the matters in ol ed) the factual background of the case) and the grounds relied upon for the relief pra'ed for. In actions filed under Title /I= Rule 1) the petition shall further indicate the material dates showing when notice of the 5udgment or final order or resolution sub5ect thereof was recei ed) when a motion for new trial or reconsideration) if an') was filed and when notice of the denial thereof was recei ed. It shall be filed in three %$& clearl' legible copies together with proof of ser ice thereof on the respondent with the original cop' intended for the court indicated as such b' the petitioner) and shall be accompanied b' a clearl' legible duplicate original or certified true cop' of the 5udgment) order) resolution) or ruling sub5ect thereof) such material portions of the record as are referred to therein) and other documents rele ant or pertinent thereto. The certification shall be accomplished b' the proper clerk of court or b' his or her dul' authori0ed representati e) or b' the proper officer of the court) tribunal) agenc' or office in ol ed or b' his or her dul' authori0ed representati e. The other reBuisite number of copies of the petition shall be

accompanied b' clearl' legible plain copies of all documents attached to the original. The petitioner shall also submit together with the petition a sworn certification that he or she has not theretofore commenced an' other action in ol ing the same issues in the 7upreme Court) the Court of ,ppeals or different di isions thereof) or an' other tribunal or agenc'A if there is such other action or proceeding) he or she must state the status of the sameA and if he or she should thereafter learn that a similar action or proceeding has been filed or is pending before the 7upreme Court) the Court of ,ppeals) or different di isions thereof) or an' other tribunal or agenc') he or she undertakes to promptl' inform the aforesaid courts and other tribunal or agenc' thereof within fi e $;% da's therefrom. The petitioner shall pa' the corresponding docket and other lawful fees to the clerk of court and deposit the 5ro5er amount for costs at the time of the filing of the petition. The failure of the 5etitioner to co95l: @ith an: of the fore7oin7 re6uire9ents shall 8e sufficient 7round for the dis9issal of the 5etition" %$a& SEC" #"0. J5>.6,.c/.2n 291> ;1>62n 23 >16;2n,1n/) 42@ acA5.>1,. = The court shall acBuire 5urisdiction o er the person of the respondent b' the ser ice on him or her of its order or resolution indicating its initial action on the petition or b' his or her oluntar' submission to such 5urisdiction. $:% SEC" #"1" Ac/.2n 7< /41 c25>/. = The court ma' dismiss the petition outright with specific reasons for such dismissal or reBuire the respondent to file a comment on the same within ten $14% da's from notice. 8nl' pleadings reBuired b' the court shall be allowed. ,ll other pleadings and papers) ma' be filed onl' with lea e of court. $;% SEC" #"3" D1/1>?.na/.2n 23 3ac/5a0 .66516. ? "hene er necessar' to resol e factual issues) the court itself ma' conduct hearings thereon or delegate the reception of the e idence on such issues to an' of its members or to an appropriate court) agenc' or office. $<% SEC" #".. E331c/ 23 3a.05>1 /2 3.01 c2??1n/. = "hen no comment is filed b' an' of the respondents) the case ma' be decided on the basis of the record) without pre5udice to an' disciplinar' action which the court ma' take against the disobedient part'. $6%

171
Rule * NN(L+ENT OF '(DG+ENTS= ORDERS= ND RESOL(TIONS %R0)& SECTION *"#" C291>a:1. = This Rule shall go ern the annulment b' the Court of ,ppeals of 5udgments or final orders and resolutions in ci il actions of Regional Trial Courts for which the ordinar' remedies of new trial) appeal) petition for relief or other appropriate remedies are no longer a ailable through no fault of the petitioner. $1% SEC" *"*" G>25n,6 32> ann50?1n/. = The annulment ma' be based onl' on the grounds of extrinsic fraud and lack of 5urisdiction. E<trinsic fraud shall not 8e a valid 7round if it @as availed of= or could have 8een availed of= in a 9otion for ne@ trial or 5etition for relief" %*& SEC" *"$. P1>.2, 32> 3.0.n: ac/.2n. = If based on extrinsic fraud) the action must be filed within four $:% 'ears from its disco er'A and if based on lack of 5urisdiction) before it is barred b' laches or estoppel. $3% SEC" *"0. F.0.n: an, c2n/1n/6 23 ;1/./.2n. = The action shall be commenced b' filing a erified petition alleging therein with particularit' the facts and the law relied upon for annulment) as well as those supporting the petitioner9s good and substantial cause of action or defense) as the case ma' be. The petition shall be filed in three %$& clearl' legible copies) together with sufficient copies corresponding to the number of respondents. , certified true cop' of the 5udgment or final order or resolution shall be attached to the original cop' of the petition intended for the court and indicated as such b' the petitioner. The 5etitioner shall also su89it to7ether @ith the 5etition affidavits of @itnesses or docu9ents su55ortin7 the cause of action or defense and a s@orn certification that he or she has not theretofore co99enced an: other action involvin7 the sa9e issues in the Su5re9e Court= the Court of 55eals or different divisions thereof= or an: other tri8unal or a7enc:; if there is such other action or 5roceedin7= he or she 9ust state the status of the sa9e= and if he or she should thereafter learn that a si9ilar action or 5roceedin7 has 8een filed or is 5endin7

8efore the Su5re9e Court= the Court of 55eals= or different divisions thereof= or an: other tri8unal or a7enc:= he or she undertaEes to 5ro95tl: infor9 the aforesaid courts and other tri8unal or a7enc: thereof @ithin five %1& da:s therefro9" %0& SEC" *"1" Ac/.2n 7< /41 c25>/. ? 7hould the court find no substantial merit in the petition) the same ma' be dismissed outright with specific reasons for such dismissal. Should prima facie 9erit 8e found in the 5etition= the sa9e shall 8e 7iven due course and su99ons shall 8e served on the res5ondent" %1& SEC" *"3" P>2c1,5>1. = The procedure in ordinar' ci il cases shall be obser ed. 7hould a trial be necessar') the reception of the e idence ma' be referred to a member of the court or a 5udge of a Regional Trial Court. $<% SEC" *")" E331c/ 23 85,:?1n/.* , 5udgment of annulment shall set aside the Buestioned 5udgment or final order or resolution and render the same null and oid) without pre5udice to the original action being refiled in the proper court. Dowe er) where the 5udgment or final order or resolution is set aside on the ground of extrinsic fraud) the court ma' on motion order the trial court to tr' the case as if a timel' motion for new trial had been granted therein. $6% SEC" *"4" S56;1n6.2n 23 ;>16c>.;/.91 ;1>.2,. = The prescripti e period for the refiling of the aforesaid original action shall be deemed suspended from the filing of said original action until the finalit' of the 5udgment of annulment. Dowe er) the prescripti e period shall not be suspended where the extrinsic fraud is attributable to the petitioner in the original action. $>% SEC" *"." R10.13 a9a.0a701. = The 5udgment of annulment ma' include the award of damages) attorne'9s fees and other relief. If the 6uestioned >ud79ent or final order or resolution had alread: 8een e<ecuted= the court 9a: issue such orders of restitution or other relief as >ustice and e6uit: 9a: @arrant under the circu9stances" %.& SEC" *"#-" Ann50?1n/ 23 85,:?1n/6 2> 3.na0 2>,1>6 23 M5n.c.;a0 T>.a0 C25>/6. = ,n action to annul a 5udgment or final order of a Funicipal Trial Court shall be filed in the Regional Trial Court ha ing 5urisdiction o er the

173
former. One %#& co5: of the 5etition shall 8e filed" It shall be treated as an ordinar' ci il action and sections 2) 3) :) 6) > and = of this Rule shall be applicable thereto. $14a% Rule $ PRELI+IN R, CONFERENCE %R04& SECTION $"#" P>10.?.na>< c2n31>1nc1. = ,t an' time during the pendenc' of a case) the court ma' call the parties and their counsel to a preliminar' conference. $a% To consider the possibilit' of an amicable settlement) except when the case is not allowed b' law to be compromisedA To define) simplif' determinationA and clarif' the issues for
$b% $c%
To formulate stipulations of facts and admissions of documentar' exhibits) limit the number of witnesses to be presented in cases falling within the original 5urisdiction of the court) or those within its appellate 5urisdiction where a motion for new trial is granted on the ground of newl' disco ered e idenceA and To take up such other matters which ma' aid the court in the prompt disposition of the case. $1%
$d%
SEC" $"*" R1c2>, 23 /41 c2n31>1nc1. = The proceedings at such conference shall be recorded and) upon the conclusion thereof) a resolution shall be issued embod'ing all the actions taken therein) the stipulations and admissions made) and the issues defined. $2% SEC" $"$" B.n,.n: 1331c/ 23 /41 >1650/6 23 /41 c2n31>1nc1. = 7ub5ect to such modifications which ma' be made to pre ent manifest in5ustice) the resolution in the preceding section shall control the subseBuent proceedings in the case unless) within fi e $;% da's from notice thereof) an' part' shall satisfactoril' show alid cause wh' the same should not be followed. $3%

Rule 0 OR L RG(+ENTS %R0.& SECTION 0"#" (41n a002@1,. = ,t its own instance or upon motion of a part') the court ma' hear the parties in oral argument on the merits of a case) or on an' material incident in connection therewith. The oral ar7u9ent shall 8e li9ited to such 9atters as the court 9a: s5ecif: in its order of resolution" %#& SEC" 0"*" C2n,5c/ 23 2>a0 a>:5?1n/. = &nless authori0ed b' the court) onl' one counsel ma' argue for a part'. The duration allowed for each part') the seBuence of the argumentation) and all other related matters shall be as directed b' the court. $2% SEC" 0"$" N2 41a>.n: 2> 2>a0 a>:5?1n/ 32> ?2/.2n6. = Fotions shall not be set for hearing and) unless the court otherwise directs) no hearing or oral argument shall be allowed in support thereof. The ad erse part' ma' file ob5ections to the motion within fi e $;% da's from ser ice) upon the expiration of which such motion shall be deemed submitted for resolution. $3% Rule 1 DIS+ISS L OF PPE L %R1-& SECTION 1"#" G>25n,6 32> ,.6?.66a0 23 a;;1a0. = In addition to the 7rounds stated in Title !III= Rule *= Section #* and Title !III= Rule $= Section #*= an appeal ma' be dismissed b' the Court of ,ppeals) on its own motion or on that of the appellee) on the following grounds@ $a% $b% &nauthori0ed alterations) omissions or additions in the record on appeal. 2ailure of the appellant to take the necessar' steps for the correction or completion of the record within the time limited b' the court in its orderA 2ailure of the appellant to appear at the preliminar' conference under Title I/= Rule$ or to compl' with orders) circulars) or directi es of the court without
$c%

175
5ustifiable causeA and $d% n: other 7round @hich 9aEes the a55eal i95ro5er" $1a%
SEC" 1"*" D.6?.66a0 23 .?;>2;1> a;;1a0 /2 /41 C25>/ 23 A;;1a06.1 ,n appeal erroneousl: taEen to the Court of 55eals shall not 8e transferred to the a55ro5riate court 8ut shall 8e dis9issed outri7ht" $2a% SEC" 1"$" (./4,>a@a0 23 a;;1a0. = ,n appeal ma' be withdrawn as of right at an' time before the filing of the appellee9s brief. Thereafter) the withdrawal ma' be allowed in the discretion of the court. $3% Rule 3 '(DG+ENTS %R1#& SECTION 3"#" (41n ca61 ,11?1, 657?.//1, 32> 85,:?1n/. = case shall be deemed submitted for 5udgment@ ,. In ordinar' appeals. ? 1. "here no hearing on the merits of the main case is held) upon the filing of the last pleading) brief) or memorandum reBuired b' the Rules or b' the court itself) or the expiration of the period for its filing. "here such a hearing is held) upon its termination or upon the filing of the last pleading or memorandum as ma' be reBuired or permitted to be filed b' the court) or the expiration of the period for its filing. "here no comment is filed) upon the expiration of the period to comment. "here no hearing is held) upon the filing of the last pleading reBuired or permitted to be filed b' the court) or the expiration of the period for its filing. ,
2.
*.
In original actions and petitions for re iew. ? 1. 2.

3.
"here a hearing on the merits of the main case is held) upon its termination or upon the filing of the last pleading or memorandum as ma' be reBuired or permitted to be filed b' the court) or the expiration of the period for its filing. $1%
SEC" 3"*" B< @42? >1n,1>1,. = The 5udgment shall be rendered b' the members of the court who participated in the deliberation on the merits of the case before its assignment to a member for the writing of the decision. $2% SEC" 3"$" -52>5? an, 92/.n: .n /41 c25>/. = The participation of all three +ustices of a di ision shall be necessar' at the deliberation and the unanimous ote of the three +ustices shall be reBuired for the pronouncement of a 5udgment or final resolution. If the three +ustices do not reach a unanimous ote) the clerk shall enter the otes of the dissenting +ustices in the record. Thereafter) the Chairman of the di ision shall refer the case) together with the minutes of the deliberation) to the !residing +ustice who shall designate two +ustices chosen b' raffle from among all the other members of the court to sit temporaril' with them) forming a special di ision of fi e +ustices. The participation of all the fi e members of the special di ision shall be necessar' for the deliberation reBuired in 7ection 2 of this Rule and the concurrence of a ma5orit' of such di ision shall be reBuired for the pronouncement of a 5udgment or final resolution. $3% SEC" 3"0. D.6;26./.2n 23 a ca61. = The Court of ,ppeals) in the exercise of its appellate 5urisdiction) ma' affirm) re erse) or modif' the 5udgment or final order appealed from) and ma' direct a new trial or further proceedings to be had. $:% SEC" 3"1" F2>? 23 ,1c.6.2n. = - er' decision or final resolution of the court in appealed cases shall clearl' and distinctl' state the findings of fact and the conclusions of law on which it is based) which ma' be contained in the decision or final resolution itself) or adopted from those set forth in the decision) order) or resolution appealed from. $;% SEC" 3"3" $a>?0166 1>>2>. = No error in either the admission or the exclusion of e idence and no error or defect in an' ruling or order or in an'thing done or omitted b' the trial court or b' an' of the parties is ground for granting a new trial or for setting aside) modif'ing) or otherwise

177
disturbing a 5udgment or order) unless refusal to take such action appears to the court inconsistent with substantial 5ustice. The court at e er' stage of the proceeding must disregard an' error or defect which does not affect the substantial rights of the parties. $<% SEC" 3")" J5,:?1n/ @41>1 /41>1 a>1 6191>a0 ;a>/.16. = In all actions or proceedings) an appealed 5udgment ma' be affirmed as to some of the appellants) and re ersed as to others) and the case shall thereafter be proceeded with) so far as necessar') as if separate actions had been begun and prosecutedA and execution of the 5udgment of affirmance ma' be had accordingl') and costs ma' be ad5udged in such cases) as the court shall deem proper. $6% SEC" 3"4" -516/.2n6 /4a/ ?a< 71 ,1c.,1,. = No error which does not affect the 5urisdiction o er the sub5ect matter or the alidit' of the 5udgment appealed from or the proceedings therein will be considered unless stated in the assignment of errors) or closel' related to or dependent on an assigned error and properl' argued in the brief) sa e as the court ma' pass upon plain errors and clerical errors. $>% SEC" 3"." P>2?50:a/.2n an, n2/.c1 23 85,:?1n/. = ,fter the 5udgment or final resolution and dissenting or separate opinions) if an') are signed b' the +ustices taking part) the' shall be deli ered for filing to the clerk who shall indicate thereon the date of promulgation and cause true copies thereof to be ser ed upon the parties or their counsel. $=% SEC" 3"#-" En/>< 23 85,:?1n/6 an, 3.na0 >16205/.2n6. = If no appeal or motion for new trial or reconsideration is filed within the time pro ided in these Rules) the 5udgment or final resolution shall forthwith be entered b' the clerk in the book of entries of 5udgments. The date when the 5udgment or final resolution becomes executor' shall be deemed as the date of its entr'. The record shall contain the dispositi e part of the 5udgment or final resolution and shall be signed b' the clerk) with a certificate that such 5udgment or final resolution has become final and executor'. $14% SEC" 3"##" EC1c5/.2n 23 85,:?1n/. ? -xcept where the 5udgment or final order or resolution) or a portion thereof) is ordered to be immediatel' executor') the motion for its execution ma' onl' be filed in the proper court after its entr'. In original actions in the Court of ,ppeals) its writ of execution shall

be accompanied b' a certified true cop' of the entr' of 5udgment or final resolution and addressed to an' appropriate officer for its enforcement. In a55ealed cases= @here the 9otion for e<ecution 5endin7 a55eal is filed in the Court of 55eals at a ti9e that it is in 5ossession of the ori7inal record or the record on a55eal= the resolution 7rantin7 such 9otion shall 8e trans9itted to the lo@er court fro9 @hich the case ori7inated= to7ether @ith a certified true co5: of the >ud79ent or final order to 8e e<ecuted= @ith a directive for such court of ori7in to issue the 5ro5er @rit for its enforce9ent" %##& Rule ) +OTION FOR RECONSIDER TION %R1*& SECTION )"#" P1>.2, 32> 3.0.n:. = , part' ma' file a motion for reconsideration of a 5udgment or final resolution within fifteen $1;% da's from notice thereof) with proof of ser ice on the ad erse part'. $1% SEC" )"*" S1c2n, ?2/.2n 32> >1c2n6.,1>a/.2n. = No second motion for reconsideration of a 5udgment or final resolution b' the same part' shall be entertained. $2% SEC" )"$" R16205/.2n 23 ?2/.2n. = In the Court of ,ppeals) a motion for reconsideration shall be resol ed within ninet' $=4% da's from the date when the court declares it submitted for resolution. $3% SEC" )"0" S/a< 23 1C1c5/.2n. = The pendenc' of a motion for reconsideration filed on time and b' the proper part' shall sta' the execution of the 5udgment or final resolution sought to be reconsidered unless the court) for good reasons) shall otherwise direct. $:% Rule 4 NEH TRI L %R1$& SECTION 4"#" P1>.2, 32> 3.0.n:B :>25n,. = ,t an' time after the appeal from the lower court has been perfected and before the Court of ,ppeals loses 5urisdiction o er the case) a part' ma' file a motion for a new trial on the ground of newl' disco ered e idence which could not ha e been

179
disco ered prior to the trial in the court below b' the exercise of due diligence and which is of such a character as would probabl' change the result. The motion shall be accompanied b' affida its showing the facts constituting the grounds therefor and the newl' disco ered e idence. $1% SEC" 4"*" $1a>.n: an, 2>,1>. = The Court of ,ppeals shall consider the new e idence together with that adduced at the trial below) and ma' grant or refuse a new trial) or ma' make such order) with notice to both parties) as to the taking of further testimon') either orall' in court) or b' depositions) or render such other 5udgment as ought to be rendered upon such terms as it ma' deem 5ust. $2% SEC" 4"$" R16205/.2n 23 ?2/.2n. = In the Court of ,ppeals) a motion for new trial shall be resol ed within ninet' $=4% da's from the date when the court declares it submitted for resolution. $3% SEC" 4"0" P>2c1,5>1 .n n1@ />.a0. ? &nless the court otherwise directs) the procedure in the new trial shall be the same as that granted b' a Regional Trial Court. $:% Rule . INTERN L C(SINESS %R10& SECTION ."#" D.6/>.75/.2n 23 ca616 a?2n: ,.9.6.2n6. = ,ll the cases of the Court of ,ppeals shall be allotted among the different di isions thereof for hearing and decision. The Court of ,ppeals) sitting 1n 7anc) shall make proper orders or rules to go ern the allotment of cases among the different di isions) the constitution of such di isions) the regular rotation of +ustices among them) the filing of acancies occurring therein) and other matters relating to the business of the courtA and such rules shall continue in force until repealed or altered b' it or b' the 7upreme Court. $1% SEC" ."*" -52>5? 23 /41 c25>/. = , ma5orit' of the actual members of the court shall constitute a Buorum for its sessions 1n 7anc. Three members shall constitute a Buorum for the sessions of a di ision. The affirmati e otes of the ma5orit' of the members present shall be necessar' to pass a resolution of the court 1n 7anc. The affirmati e otes of three members of a di ision shall be necessar' for the pronouncement of a 5udgment or final resolution) which shall be reached in consultation before

the writing of the opinion b' an' member of the di ision. $2% R(LE #- %R11& P(CLIC TION OF '(DG+ENTS ND FIN L RESOL(TIONS SECTION #-"#" P570.ca/.2n. = The 5udgments and final resolutions of the court shall be published in the 8fficial #a0ette and in the Reports officiall' authori0ed b' the court in the language in which the' ha e been originall' written) together with the s'llabi therefor prepared b' the reporter in consultation with the writers thereof. Femoranda of all other 5udgments and final resolutions not so published shall be made b' the reporter and published in the 8fficial #a0ette and the authori0ed reports. $1% SEC" #-"*" P>1;a>a/.2n 23 2;.n.2n6 32> ;570.ca/.2n. = The reporter shall prepare and publish with each reported 5udgment and final resolution a concise s'nopsis of the facts necessar' for a clear understanding of the case) the names of counsel) the material and contro erted points in ol ed) the authorities cited therein) and a s'llabus which shall be confined to points of law. $2% SEC" #-"$" G1n1>a0 ?aE1*5; 23 9205?16. = The published decisions and final resolutions of the 7upreme Court shall be called .!hilippine Reports)/ while those of the Court of ,ppeals shall be known as the .Court of ,ppeals Reports./ -ach olume thereof shall contain a table of the cases reported and the cases cited in the opinions) with a complete alphabetical index of the sub5ect matters of the olume. It shall consist of not less than se en hundred) pages printed upon good paper) well bound and numbered consecuti el' in the order of the olumes published. $3%

181
TITLE !I: PROCEDURE IN THE SUPRE COURT Rule # ORIGIN L ND PPE LED C SES %R13& ,. 8riginal Cases
SECTION #"#" O>.:.na0 ca616 c2:n.Ia701. = 8nl' petitions for certiorari) prohibition) mandamus) Buo warranto) habeas corpus) disciplinar' proceedings against members of the 5udiciar' and attorne's) and cases affecting ambassadors) other public ministers and consuls ma' be filed originall' in the 7upreme Court. $1% SEC" #"*" R5016 a;;0.ca701. = The procedure in original cases for certiorari) prohibition) mandamus) Buo warranto and habeas corpus shall be in accordance with the applicable pro isions of the Constitution) laws) and Title I/= Rules #= $= 0= 3= ) and this Rule) sub5ect to the following pro isions@ $a% $b% ,ll references in said Rules to the Court of ,ppeals shall be understood to also appl' to the 7upreme CourtA The portions of said Rules dealing strictl' with and specificall' intended for appealed cases in the Court of ,ppeals shall not be applicableA and Five %1& clearl' legible copies of the petition shall be filed) together with proof of ser ice on all ad erse parties.
$c%
The 5roceedin7s for disci5linar: action a7ainst 9e98ers of the >udiciar: shall 8e 7overned 8: the la@s and Rules 5rescri8ed therefor= and those a7ainst attorne:s 8: Rule #$.JC= as a9ended" %*a& *. ,ppealed Cases SEC" #"$" M2,1 23 a;;1a0= ,n appeal to the 7upreme Court ma' be taken onl' b' a petition for re iew on certiorari) except in criminal cases where the penalt' imposed is >1c056.2n ;1>;1/5a or life imprisonment. $3a%

SEC" #"0" P>2c1,5>1. = The appeal shall be go erned b' and disposed of in accordance with the applicable pro isions of the Constitution) laws) Title !III= Rules 3; Title I/= Rule $= Sections #= *= and 1 to ## of Title I/= Rules 3= )= and this Rule. $:a% SEC" #"1" G>25n,6 32> ,.6?.66a0 23 a;;1a0. = The appeal ma' be dismissed ?2/5 ;>2;>.2 or on motion of the respondent on the following grounds@ $a% $b% $c% $d% 2ailure to take the appeal within the reglementar' periodA (ack of merit in the petitionA 2ailure to pa' the reBuisite docket fee and other lawful fees or to make a deposit for costsA 2ailure to compl' with the reBuirements regarding proof of ser ice and contents of and the documents which should accompan' the petitionA 2ailure to compl' with an' circular) directi e or order of the 7upreme Court without 5ustifiable causeA -rror in the choice or mode of appealA and The fact that the case is not appealable to the 7upreme Court. $;%
$e% $f% $g%
SEC" #"3" D.6;26./.2n 23 .?;>2;1> a;;1a0. ? -xcept as pro ided in Rule #*0= Section #$ regarding appeals in criminal cases where the penalt' imposed is >1c056.2n ;1>;1/5a or life imprisonment or a lesser 5enalt:) an appeal taken to the 7upreme Court b' notice of appeal shall be dismissed. n a55eal 8: certiorari taEen to the Su5re9e Court fro9 the Re7ional Trial Court su89ittin7 issues of fact 9a: 8e referred to the Court of 55eals for decision or a55ro5riate action" The deter9ination of the Su5re9e Court on @hether or not issues of fact are involved shall 8e final" %3a& SEC" #")" P>2c1,5>1 .3 2;.n.2n .6 1A5a00< ,.9.,1,. = "here the court 1n 7anc is eBuall' di ided in opinion) or the necessar' ma5orit' cannot be had) the case shall again be deliberated on) and if after such deliberation no decision is reached) the original action commenced in the court shall be dismissedA in appealed cases) the 5udgment or order appealed from shall stand affirmedA and on all incidental matters) the petition or motion shall be

183
denied. $6%

TITLE !II: SPECIAL CIVIL ACTIONS Rule # CO++ON PRO!ISIONS %N& SECTION #"#" R1A5.>1?1n/6 32> ;01a,.n:6) ?2/.2n6) an, 657?.66.2n6. = ,ll pleadings) motions) and submissions shall be erified and when proper) shall contain a sworn attestation that all attached legible documents are authentic or true copies of the original. In addition) the initiator' pleadings shall bear a sworn certification against forum shopping. The erification) sworn attestation) and sworn certification against forum shopping shall be 5ointl' accomplished b' the parties and their counsels. The parties9 initiator' and responsi e pleadings shall contain their respecti e claims and defenses and shall bear as attachments their supporting documents) if an'. 7uch claims or documents not so pleaded or attached shall be deemed wai ed. In no case shall the bod' of the pleadings) motions) or submissions exceed twent' $24% pages. SEC" #"*" O5/>.:4/ ,.6?.66a0 32> n2n*c2?;0.anc1. = 2ailure to compl' with an' of the reBuirements pertaining to contents) erification) certification against forum shopping) and attestation shall be a cause for outright dismissal of the petition or complaint. , false erification) attestation) or certification against forum shopping shall also be a cause for outright dismissal of the petition or complaint or striking out of the corresponding pleadings) motions) or submissions) as the case ma' be. In addition) the erring parties and their counsels shall 5ointl' and se erall' pa' a fine ranging from 2ift' Thousand !esos $! ;4)444.44% to 8ne Dundred Thousand !esos $! 144)444.44%. The court shall determine the amount of fine) considering the circumstances of each case. This shall not bar other administrati e) ci il) or criminal actions which the court or the pre5udiced part' or both ma' file against the erring parties and their counsels. SEC" #"$" In1C/1n,.701 ;1>.2,6. = ,ll periods prescribed for special ci il actions are inextendible) except when the rules pro ide otherwise.

185
,s officers of the court) the concerned offices) personnel) and persons shall promptl' recei e) docket) raffle) transmit) or ser e all pleadings) submissions) and court issuances to preclude an' cause of dela' in effecting compliance with the prescribed inextendible periods. This shall also appl' to all persons or offices reBuired b' the court to compl' with its issuances. ,n' iolation of this pro ision shall be punished as contempt) without pre5udice to the filing of administrati e) ci il) or criminal action against the erring office or personnel. SEC" #"0" P>24.7./1, ;01a,.n:6 an, ?2/.2n6. ? &nless the rules pro ide otherwise) the following pleadings) motions and submissions shall be prohibited@ $a% $b% $c% $d% $e% $f% $g% $h% $i% $5% $k% $l% $m% Fotion to dismissA Fotion for extension of time to file pleadings or submissionsA 3ilator' motion for postponementA Fotion for a bill of particularsA Counterclaim or cross1claimA Third1part' complaintA Repl'A Fotion to declare defendant in defaultA Inter entionA Fotion for reconsideration of interlocutor' orders or interim relief ordersA !etition for certiorari) mandamus) or prohibition against an' interlocutor' orderA FemorandumA and ,n' other pleadings or submissions intended to dela' the summar' disposition of the case.
SEC" #"1" P>223 23 61>9.c1 an, ;a<?1n/ 23 3116. = !etitions and complaints shall be accompanied b' proof of ser ice on the ad erse part' and proof of pa'ment of docket fees and other lawful fees.

Rule * INTERPLE DER %R3*& SECTION *"#" (41n .n/1>;01a,1> .6 ;>2;1>. = "hene er conflicting claims upon the same sub5ect matter are or ma' be made against persons who claim no interest whatsoe er in the sub5ect matter) or an interest which in whole or in part is not disputed b' the claimants) the' ma' bring an action against the conflicting claimants to compel them to interplead and litigate their se eral claims among themsel es. $1% SEC" *"*" O>,1>. = &pon the filing of the complaint) the court shall issue an order reBuiring the conflicting claimants to interplead with one another. If the interests of 5ustice so reBuire) the court ma' direct in such order that the sub5ect matter be paid or deli ered to the court. $2% SEC" *"$" S5??2n6. = 7ummons shall be ser ed upon the conflicting claimants) together with a cop' of the complaint and order. $3% SEC" *"0" An6@1> an, 2/41> ;01a,.n:6. = -ach claimant shall file his or her answer setting forth his or her claim within fifteen $1;% da's from ser ice of the summons upon him) ser ing a cop' thereof upon each of the other conflicting claimants who ma' file their repl' thereto as pro ided b' these Rules. If an' claimant fails to plead within the time herein fixed) the court ma') on motion) declare him or her in default and thereafter render 5udgment barring him or her from an' claim in respect to the sub5ect matter. The parties in an interpleader action ma' file counterclaims) cross1 claims) third1part' complaints and responsi e pleadings thereto) as pro ided b' these Rules. $;a% SEC" *"1" D1/1>?.na/.2n. = ,fter the pleadings of the conflicting claimants ha e been filed) and preliminar' conference has been conducted in accordance with the Rules) the court shall proceed to determine their respecti e rights and ad5udicate their claims. $<a% In no case shall the proceedings) from commencement to termination) exceed six $<% months. SEC" *"3" D2cE1/ an, 2/41> 0a@350 3116) c26/6) an, 0./.:a/.2n 1C;1n616 a6 0.1n6. = The docket and other lawful fees paid b' the part' who filed a

187
complaint under this Rule) as well as the costs and litigation expenses) shall constitute a lien upon the sub5ect matter of the action) unless the court orders otherwise. $6a% SEC" *"). M2,1 23 a;;1a0. = The courtGs decision or final order ma' be Buestioned through an appeal in accordance with Title JIII) Rule 2 or Title JII) Rule 3 as the case ma' be. $n% Rule $ DECL R TOR, RELIEF %R3$& SECTION $"#" (42 ?a< 3.01 ;1/./.2n. = !ersons interested under a deed) will) contract) or other written instrument) whose rights are affected b' a statute) executi e order) ordinance) go ernment regulation or an' similar issuance) before its breach) file a petition in the appropriate Regional Trial Court to determine its construction or alidit' and their rights or duties under it. ,n action for the reformation of an instrument) to Buiet title to real propert' or remo e clouds therefrom) or to consolidate ownership under ,rticle 1<46 of the Ci il Code) ma' be brought under this Rule. $1a% SEC" $"*" Pa>/.16. ? ,ll persons who ha e or claim an' interest which would be affected b' the declaration shall be made parties. No declaration shall pre5udice the rights of persons not parties to the action) except when the rules pro ide otherwise. $2% SEC" $"$" C2n/1n/6 23 /41 ;1/./.2n. = contain the following@ $a% $b% The erified petition shall
the partiesG personal circumstancesA description of the nature and contents of the sub5ect deed) will) contract) or other written instruments) and the sub5ect statute) executi e order or regulation) ordinance) or an' other go ernment issuanceA and statement of rele ant facts) issues) arguments) supporting authorities) and relief sought. $n%
$c%
SEC" $"0" N2/.c1 2n S20.c./2> G1n1>a0. = In an' action in ol ing the

alidit' of a statute) executi e order or regulation) or an' other go ernment issuance) the plaintiff shall ser e a cop' of the petition on the 7olicitor #eneral who shall be heard on the matter. $3a% SEC" $"1" L2ca0 :291>n?1n/ 2>,.nanc16. ? In an' action in ol ing the alidit' of a local go ernment ordinance) a cop' of the petition shall be ser ed on the corresponding prosecutor or legal officer of the local go ernment unit concerned. If such ordinance is alleged to be unconstitutional) a cop' of the petition shall also be ser ed on the 7olicitor #eneral. The prosecutor) legal officer) or 7olicitor #eneral) as the case ma' be) shall be heard on the matter. $:a% SEC" $"3" C25>/ ac/.2n ,.6c>1/.2na><. = -xcept in actions falling under the second paragraph of 7ection of this Rule) the court) ?2/5 ;>2;>.2 or upon motion) ma' refuse to exercise the power to declare rights and to construe instruments in an' case where a decision would not terminate the uncertaint' or contro ers' which ga e rise to the action) or in an' case where the declaration or construction is not necessar' and proper under the circumstances. $;% SEC" $")" O>,1>. = "ithin ten $14% da's from receipt of the petition) the court ma' dismiss the petition ?2/5 ;>2;>.2) should it find the petition fri olous) patentl' without merit) not within its 5urisdiction) or not proper for the exercise of its power to declare rights and to construe instruments where a decision would not terminate the contro ers' which ga e rise to the action or where the declaration or construction is not appropriate under the circumstances. 8therwise) the court shall reBuire the defendants to file their comments on the petition within ten $14% da's from notice. $n% SEC" $"4" D1/1>?.na/.2n. = "ithin thirt' $34% da's from receipt of the comments or expiration of the period to file the same) the court ma'@ $a% decide the petition based on the pleadings and documents thus filed) should the court find them sufficient for this purposeA or conduct a summar' hearing) should the court find it necessar' for the purpose of resol ing the petition.
$b%
In no case shall the summar' hearing exceed the prescribed 341da' period.

189
&pon termination of the summar' hearing) the court shall ha e a fresh period of thirt' $34% da's to decide the petition. $n% SEC" $"." C2n91>6.2n .n/2 2>,.na>< ac/.2n. ? If before the final termination of the case) a breach of an instrument or b' a statute) executi e order) ordinance) go ernment regulation or an' similar issuance) the action ma' be con erted into an ordinar' action and the parties shall be allowed to file such pleadings as ma' be proper. $<a% SEC" $"#-" M2,1 23 a;;1a0. = The court9s decision or final order ma' be Buestioned through an appeal in accordance with Title JIII) Rule 3. $n% Rule 0 RE!IEH OF '(DG+ENTS ND FIN L ORDERS OR RESOL(TIONS OF T2E CO++ISSION ON ELECTIONS ND T2E CO++ISSION ON (DIT %R30& SECTION 0"#" Sc2;1. = This Rule shall go ern the re iew of 5udgments and final orders or resolutions of the Commission on -lections and the Commission on ,udit. $1% SEC" 0"*" M2,1 23 R19.1@. = The aggrie ed parties ma' bring to the 7upreme Court on certiorari under Title MI) Rule ;) 5udgments and final orders or resolutions of the Commission on -lections and the Commission on ,udit) except when otherwise pro ided. $2% SEC" 0"$" T.?1 /2 3.01 ;1/./.2n. = The aggrie ed parties shall file the petition within thirt' $34% da's from notice of the 5udgment or final order or resolution sought to be re iewed. If the aggrie ed parties file a motion for reconsideration or new trial and the same is e entuall' denied) the' ma' file the petition within thirt' $34% da's from notice of its denial. $3a% SEC" 0"0" F2>? an, C2n/1n/6. = The erified petition shall contain@ $a% the parties9 personal circumstancesA the Commission concerned shall be impleaded as a part') together with the person or persons interested in sustaining the assailed 5udgment) final order) or resolutionA

$b% $c%
timeliness of the petitionA and material facts) issues) grounds) arguments) supporting authorities) and relief sought.
The petition shall not replead matters alread' adeBuatel' presented before the defendant Commission. The petition) howe er) ma' adopt the same) b' reference to the attached documents. $n% SEC" 0"1" O>,1> /2 c2??1n/. = If the 7upreme Court finds the petition sufficient in form and substance) it shall order the defendants to file their comments on the petition within fifteen $1;% da's from notice) otherwise) the Court ma' dismiss the petition outright. The Court ma' also dismiss the petition if it was filed manifestl' for dela' or raised Buestions too unsubstantial to warrant further proceedings. The comments shall not replead matters alread' adeBuatel' presented before the defendant Commission. The comments) howe er) ma' adopt the same) b' reference to the attached documents. $<a% SEC" 0"3" E331c/ 23 3.0.n:. ? The filing of a petition for c1>/.2>a>. shall not sta' the execution of the 5udgment) final order) or resolution sought to be re iewed) unless the 7upreme Court directs otherwise. $>a% SEC" 0")" S57?.66.2n 32> ,1c.6.2n. ? &nless the Court sets the case for oral argument) or reBuires the parties to submit memoranda) the case shall be deemed submitted for decision upon the filing of the comments on the petition) or of such other pleadings or papers as ma' be reBuired or allowed) or the expiration of the period to do so. $=% Rule 1 CERTIOR RI= PRO2ICITION= ND + ND +(S %R31& SECTION 1"#" P1/./.2n 32> c1>/.2>a>.. = "hen an' tribunal) board) or officer) exercising 5udicial or Buasi15udicial functions) has acted without or in excess of 5urisdiction) or with gra e abuse of discretion amounting to lack or excess of 5urisdiction) and there is no appeal) or an' other plain) speed') and adeBuate remed' in the ordinar' course of law) an aggrie ed part' ma' file a erified petition in the proper court to annul or modif' the proceedings of such tribunal) board) or officer) and grant other appropriate

191
relief. $1a% SEC" 1"*" P1/./.2n 32> ;>24.7./.2n. = "hen the proceedings of an' tribunal) corporation) board) officer) or person) whether exercising 5udicial) Buasi15udicial) or ministerial functions) are without or in excess of 5urisdiction) or with gra e abuse of discretion amounting to lack or excess of 5urisdiction) and there is no appeal) or an' other plain) speed') and adeBuate remed' in the ordinar' course of law) an aggrie ed part' ma' file a erified petition with the proper court to command the defendant to desist from further proceeding with the specified action or matter) and grant other appropriate relief. $2a% SEC" 1"$" P1/./.2n 32> ?an,a?56. = "hen an' tribunal) corporation) board) officer) or person unlawfull' neglects the performance of an act which the law specificall' en5oins as a dut' resulting from an office) trust) or station) or unlawfull' excludes another from the use and en5o'ment of a right or office to which such other person is entitled) and there is no other plain) speed') and adeBuate remed' in the ordinar' course of law) the aggrie ed part' ma' file a erified petition with the proper court to command the defendant) immediatel' or at some other time specified b' the court) to do the act reBuired to be done and to pa' damages arising from the defendant9s wrongful acts. $3a% SEC" 1"0. (41n an, @41>1 /2 3.01 /41 ;1/./.2n. = !etitions for certiorari and prohibition shall be filed not later than thirt' $34% da's from notice of the 5udgment) order) or resolution. If the aggrie ed part' has filed a motion for reconsideration or new trial and the same is e entuall' denied) the petition shall be filed within thirt' $34% da's from notice of such denial. , petition for mandamus shall be filed before the reBuired act is performed. If the petition relates to an act or omission of the Fetropolitan Trial Court) Funicipal Trial Court in Cities) Funicipal Trial Court) or Funicipal Circuit Trial Court) tribunal) corporation) board) officer) or person) it shall be filed with the Regional Trial Court exercising 5urisdiction o er the territorial area as defined b' the 7upreme Court. It ma' also be filed with the Court of ,ppeals whether or not in the exercise of its original or appellate 5urisdiction) or 7andiganba'an) if it is in aid of its appellate 5urisdiction. If the petition in ol es an act or omission of a Buasi15udicial agenc') the

petition shall be filed exclusi el' with the Court of ,ppeals) unless the rules pro ide otherwise. In election cases in ol ing an act or omission of the Fetropolitan Trial Court) Funicipal Trial Court in Cities) Funicipal Trial Court) Funicipal Circuit Trial Court) or Regional Trial Court) the petition shall be filed exclusi el' with the Commission on -lections) in aid of its appellate 5urisdiction. $:a% SEC" 1"1" D131n,an/6 an, c26/6 .n c1>/a.n ca616. = "hen the petition relates to an act or omission of a 5udge) court) Buasi15udicial agenc') tribunal) corporation) board) officer) or person) the petition shall implead) together with the public defendants) the persons interested in sustaining the A516/.2n1, proceedings. These parties shall be called the .pri ate defendants./ It shall be their dut' to appear and defend the assailed act or omission) in their own behalf and in behalf of the public defendants. &nless the court directs otherwise) the public defendants shall not appear or participate in the proceedings. If the case is ele ated to a higher court b' either part') the public defendants shall be included as nominal parties. The costs awarded to the plaintiffs shall be against the pri ate defendants onl'. $;a% SEC" 1"3" F2>? an, c2n/1n/6 23 /41 ;1/./.2n. = Jerified petitions for certiorari) prohibition) or mandamus shall contain the following@ $a% $b% $c% the parties9 personal circumstancesA timeliness of the petitionA and statement of rele ant facts) issues) arguments) supporting authorities) and relief sought.
The petition shall not replead matters alread' adeBuatel' presented in the proceedings before the public defendant. The petition) howe er) ma' adopt the same b' reference to the attached documents. $n% SEC" 1")" O>,1>. ? "ithin ten $14% da's from receipt of the petition) the court ma'@ $a% dismiss the petition) should it find the petition fri olous

193
or patentl' without meritA or $b% reBuire the pri ate defendants to file their comments) should it find the petition sufficient in form and substance.
The comments shall not replead matters alread' adeBuatel' presented before the public defendant. The comments) howe er) ma' adopt the same) b' reference to the attached documents. $n% SEC" 1"4" In85nc/.91 >10.13. = The parties ma' pra') in the petition itself) comment) or separate motion) for a temporar' restraining order or writ of preliminar' in5unction for the preser ation of their rights during the pendenc' of the case. The pra'er for temporar' restraining order shall be resol ed) without deferment) within fi e $;% da's from receipt of the corresponding pleading or motion except when a shorter period is reBuired b' the circumstances. If a temporar' restraining order has been pre iousl' issued) the pra'er for writ of preliminar' in5unction shall be resol ed) without deferment) at least fi e $;% da's before the temporar' restraining order expires) pro ided the defendants ha e filed their comments or the period for filing them has expired) or the summar' hearing has terminated) as the case ma' be. If a temporar' restraining order has not been pre iousl' issued) the pra'er for the writ of preliminar' in5unction shall nonetheless be resol ed) without deferment) within ten $14% da's from receipt of the defendants9 comments or from expiration of the period to file them) or from termination of the summar' hearing) as the case ma' be. $6a% SEC" 1".. E331c/ 23 3.0.n: 23 ;1/./.2n. = The petition shall not interrupt the course of the principal case) absent an' in5uncti e relief issued b' the higher court en5oining the public defendant from further proceeding with the case. 2ailure b' the public defendant to proceed with the principal case is a ground for administrati e sanction. $6a% SEC" 1"#-" D1/1>?.na/.2n. ? "ithin thirt' $34% da's from receipt of the comments or expiration of the period to file the same) the court ma'@ $a% decide the petition based on the pleadings and documents thus filed) should the court find them sufficient for this

purposeA or $b% conduct a summar' hearing or reBuire simultaneous memoranda) or both) should the court find it necessar' for the purpose of deciding the petition. In no case shall the summar' hearing and the filing of the memoranda exceed the prescribed thirt'1da' period. &pon termination of the summar' hearing or receipt of the memoranda or expiration of the period to file the same) the court shall ha e a fresh period of thirt' $34% da's to decide the petition. $n% SEC" 1"##" S1>9.c1 an, 1n32>c1?1n/ 23 2>,1> 2> 85,:?1n/. ? , certified cop' of the 5udgment rendered in accordance with the last preceding section shall be ser ed upon the court) Buasi15udicial agenc') tribunal) corporation) board) officer) or person concerned in such manner as the court ma' direct) and disobedience thereto shall be punished as contempt. ,n execution ma' issue for an' damages or costs awarded in accordance with the rules on execution. $=% SEC" 1"#*" D.6c.;0.na>< ?1a65>16. = 7hould the court find the petition to be patentl' without merit or prosecuted manifestl' for dela' or if the Buestions raised are too unsubstantial to reBuire consideration) the court ma' award in fa or of the defendants treble costs solidaril' against the plaintiffs and their counsel. In addition) the plaintiffs9 counsel ma' be sub5ect to administrati e sanctions under Rules 13= and 13=1* of the Rules of Court and the Code of !rofessional Responsibilit'. The court ma' impose ?2/5 ;>2;>.2) based on >16 .;6a 02A5./5>) other disciplinar' sanctions or measures on erring counsel for patentl' dilator' and unmeritorious petitions for certiorari) prohibition) or mandamus. $n% SEC" 1"#$" M2,1 23 a;;1a0. = The decision or final order of the Regional Trial Court) Court of ,ppeals) or 7andiganba'an ma' be Buestioned through an appeal in accordance with Rules 3 or < of Title JIII) as the case ma' be. $n% Rule 3 M(O H RR NTO %R33& SECTION 3"#" Ac/.2n 7< G291>n?1n/ a:a.n6/ .n,.9.,5a06. = ,n

195
action for usurpation of a public office or franchise should be brought in the name of the Republic of the !hilippines through a erified petition against@ $a% $b% $c% 5ersons who usur5) intrude into) or unlawfull' hold a public office or franchiseA public officers who perform or suffer an act which constitutes a ground for forfeiture of officeA or an association which acts as a corporation @ithin the Phili55ines @ithout la@ful authorit:. $1a%
SEC" 3"*" (41n S20.c./2> G1n1>a0 2> ;570.c ;>261c5/2> 64a00 c2??1nc1 ac/.2n. = The 7olicitor #eneral or public prosecutor shall commence an action when directed b' the !resident of the !hilippines or when there is sufficient basis that a person or association is performing or suffering an' of the acts enumerated in the preceding section. $2a% SEC" 3"$" (41n .n,.9.,5a06 ?a< c2??1nc1 an ac/.2n. ? !ersons claiming to be entitled to a public office alleged to ha e been usurped or unlawfull' held b' another ma' file a erified petition) in their own name) without pre5udice to the filing of the petition b' the 7olicitor #eneral or public prosecutor) in which case) the petitions shall be consolidated. $;a% SEC" 3"0" Pa>/.16 an, c2n/1n/6 23 ;1/./.2n a:a.n6/ 565>;a/.2n. ? "hen the action is against a person charged with usurping a public office or franchise) the petition shall contain@ $a% if commenced b' the 7olicitor #eneral or public prosecutor) the name of the alleged usurper and the part' entitled to the disputed public office or franchiseA if commenced b' pri ate parties) the items under paragraph $a%) and in addition) the parties9 personal circumstances and the basis for their claim or asserted rightA description of the disputed public office or franchiseA timeliness of the petitionA and statement of material facts) issues) arguments) supporting authorities) and relief sought.
$b%
$c% $d% $e%
,ll persons claiming to be entitled to the public office or franchise

ma' be made parties) and their respecti e rights to such public office or franchise which ma' be determined in the same action. $<a% SEC" 3"1" V1n51. = ,ctions for A52 @a>>an/2 ma' be brought in the 7upreme Court) Court of ,ppeals) or Regional Trial Court exercising 5urisdiction o er the territorial area where the defendant or an' of them reside. "hen the 7olicitor #eneral commences the action) it ma' be brought before the Regional Trial Court in the Cit' of Fanila) Court of ,ppeals) or 7upreme Court. $6a% SEC" 3"3" O>,1>. = petition) the court ma'@ $a% $b% "ithin ten $14% da's from the filing of the
dismiss the petition) should it find the petition fri olous or patentl' without meritA or reBuire the defendants to file their comments) should it find the petition sufficient in form and substance.
The defendants shall ha e fifteen $1;% da's from notice to file their comments. $n% SEC" 3")" N2/.c1 /2 S20.c./2> G1n1>a0. = In petitions for Cuo "arranto commenced b' pri ate indi iduals) the 7olicitor #eneral shall ha e the right to be notified and heard on the matter. 2or this purpose) the plaintiff shall furnish a cop' of the petition to the 7olicitor #eneral. $n% SEC" 3"4" D1/1>?.na/.2n. ? "ithin thirt' $34% da's from receipt of the comments or expiration of the period to file the same) the court ma'@ $a% decide the petition based on the pleadings and documents thus filed) should the court find them sufficient for this purposeA conduct a summar' hearing) should the court find it necessar' for the purpose of deciding the petition.
$b%
In no case shall the summar' hearing exceed the prescribed thirt'1da' period. &pon the termination of the summar' hearing) the court shall ha e a

197
fresh period of thirt' $34% da's to decide the petition. $n% SEC" 3"." J5,:?1n/ @41>1 /41>1 .6 565>;a/.2n. = "hen the defendants are found guilt' of usurping) intruding into) or unlawfull' holding a public office or franchise) 5udgment shall be rendered directing the ouster of the defendants and the reco er' of costs. $=a% SEC" 3"#-" R.:4/6 23 ;1>62n6 a,85,:1, 1n/./01, /2 ;570.c 233.c1B ,10.91>< 23 722E6 an, ;a;1>6B ,a?a:16. = If 5udgment is rendered in fa or of persons entitled to the disputed public office) the' ma') after taking their oath of office and posting the bond reBuired b' law) take upon themsel es the execution of the office and immediatel' demand of the defendants all the books and papers in the defendantsG custod' or control pertaining to the office. If the defendants refuse or neglect to compl') the' shall be punished for contempt. !ersons ad5udged entitled to the office ma' also sue the defendants for damages sustained b' reason of the usurpation. $14a% SEC" 3"##" L.?./a/.2n6. = ,ctions for A52 @a>>an/2 shall be brought within one $1% 'ear from the time the cause for the ouster or the right of the plaintiffs to hold the disputed public office arose. ,n action for damages shall be commenced within one $1% 'ear from the time plaintiff9s right to the office is determined with finalit'. $11a% SEC" 3"#*" J5,:?1n/ 32> c26/6. ? In an action brought in accordance with the pro isions of this Rule) the court ma' render 5udgment for costs against either the plaintiff) the relator) or the defendant) or the person or persons claiming to be a corporation) or ma' apportion the costs) as 5ustice reBuires. $12% SEC" 3"#$" M2,1 23 a;;1a0. = The decision or final order ma' be Buestioned through an appeal in accordance with Rules 3 or < of Title JIII as the case ma' be. $n% Rule ) E/PROPRI TION %R3)& SECTION )"#" T41 c2?;0a.n/. ? The right of eminent domain shall be exercised b' the filing of a erified complaint which shall state the right and purpose of expropriation) describe the real or personal propert' sought

to be expropriated) the alue based on the current 0onal aluation of the propert' as certified b' the *ureau of Internal Re enue) and 5oin as defendants all persons owning or claiming to own) or occup'ing) an' part thereof or interest therein) showing) so far as practicable) the separate interest of each defendant. The complaint shall be accompanied b' a Certificate of , ailabilit' of 2unds issued b' the expropriating agenc' concerned) if the plaintiff is the go ernment. If the propert' is owned b' the Republic of the !hilippines) although occupied b' pri ate indi iduals) or if the title is otherwise doubtful so that the plaintiff cannot with accurac' specif' the real owners) the complaint shall so state. "ithin fi e $;% da's from raffle in multi1sala courts or filing in single1 sala courts) of the complaint) the court shall dismiss the complaint should it lack the reBuisite certificate of a ailabilit' of funds. $1a% SEC" )"*" En/>< 23 ;0a.n/.33 5;2n ;>2;1>/<. = The following procedure shall be obser ed in resol ing the pra'er for the writ of possession@ $a% "ithin fi e $;% da's from the filing of the complaint) the plaintiff) shall) for the purpose of taking possession of the propert') deposit with an authori0ed go ernment depositar') the cash amount eBui alent to one hundred percent $144I% of the alue of the propert' based on the current 0onal aluation of the *ureau of Internal Re enue $*IR%A and the alue of the impro ements as determined under 7ection 6 of Republic ,ct No. >=6:. If the propert' does not ha e a current *IR 0onal aluation) the court shall order the *IR in the area concerned to issue the current 0onal aluation of the propert' within fifteen $1;% da's from receipt of the order. &pon receipt of the *IR current 0onal aluation or not later than fi e $;% da's) the court shall reBuire plaintiff to deposit the reBuired amount in compliance with this section. The deposit shall be made within fi e $;% da's from notice. &pon ser ice of summons upon defendant) the court shall ha e fifteen $1;% da's to issue an order for initial hearing
$b%
$c%

199
on the pra'er for writ of possession and immediate pa'ment to defendant. The court) in the same order) shall also direct the Registrar of 3eeds to immediatel' annotate) not later than three $3% da's from receipt of the order) a notice of pendenc' of the action on the affected titles under pain of contempt. $d% 3uring the hearing on the pra'er for writ of possession and immediate pa'ment to the defendant) the court shall reBuire the defendant to present proof of ownership. 2or this purpose) the hearing shall not exceed se en $6% da's. If the court is satisfied with the proof of ownership presented during the hearing) it shall issue the writ of possession within fi e $;% da's from termination of the hearing and shall order the release of the deposited amount to defendant. 7hould the defendant fail to submit the reBuired proof of ownership) the court) upon plaintiff9s motion) shall issue the writ of possession but shall withhold the release of the amount deposited pending defendant9s compliance. The authori0ed go ernment depositar' shall release the amount to the landowner within three $3% da's from receipt of the order) under pain of contempt. 7hould there be an' contro ers' as to the ownership of the propert' or the owner is unknown) plaintiff shall deposit the amount with the court. The court shall order plaintiff to cause the publication of the complaint for two consecuti e weeks in a newspaper of general circulation. &pon plaintiff9s compliance) the court shall) upon motion) issue the writ of possession within fi e $;% da's from filing of the motion. "ithin fi e $;% da's from issuance of the 8rder) the court shall direct the sheriff) to forthwith place the plaintiff in possession of the propert' and promptl' submit a report to the court with ser ice of copies to the parties. The sheriff9s compliance shall be submitted not later than ten $14% da's from issuance of the order.$n%
$e%
$f%
$g%
$h%
SEC" )"$" An6@1>B />.a0. ? The answer shall be filed within fifteen

$1;% da's from ser ice of summons. It shall identif' the sub5ect propert' in which defendant claims to ha e an interest) state the interest claimed) and the defenses. , defendant wai es all defenses and ob5ections not so alleged but the court) in the interest of 5ustice) ma' permit amendments to the answer to be made not later than ten $14% da's from its filing. Dowe er) at the trial of the issue of 5ust compensation whether a defendant has pre iousl' appeared or answered) defendant ma' present e idence as to the amount of the compensation to be paid for the propert') and ma' share in the distribution of the award. , defendant who has no ob5ection to the taking of the propert' ma' file a manifestation to that effect within the period stated in the summons. Thereafter) the defendant shall be entitled to notice of all proceedings. In no case shall the trial for the order of expropriation exceed fifteen $1;% da's from filing of the answer or from the expiration of the date for its filing. $n% SEC" )"0" O>,1> 23 1C;>2;>.a/.2n. ? If the defenses against the right of the plaintiff to expropriate the propert' are o erruled) or when no part' opposes them) the court shall issue an order of expropriation within fi e $;% da's from the filing of the answer or from termination of the trial. The order shall state that the plaintiff has a lawful right to take the propert' for the public purpose described in the complaint) upon the pa'ment of 5ust compensation to be determined as of the date of the taking of the propert' or the filing of the complaint) whiche er comes first. , part' aggrie ed b' the final order sustaining the right to expropriate the propert' ma' file an appeal in accordance with Title JIII) Rule 3 which shall not sta' the issuance of a writ of possession or pre ent the court from determining the 5ust compensation to be paid. fter the issuance of the order of e<5ro5riation and the @rit of 5ossession= the plaintiff shall not be permitted to mo e for the dismissal or withdrawal of the complaint except on such terms as the court deems 5ust and eBuitable. The dis9issal and @ithdra@al of the case 8: 5laintiff @ithout >ust cause= as deter9ined 8: the court= shall su8>ect the 5laintiff to conte95t and da9a7es= @ithout 5re>udice to other a55ro5riate

201
actions or sanctions" The court shall conduct a su99ar: hearin7 on such 9atters of conte95t and da9a7es and render a rulin7 thereon @ithin t@ent: %*-& da:s fro9 notice of dis9issal or discontinuance" $:a% SEC" )"1" C2n6/./5/.2n 23 /41 B2a>, 23 C2??.66.2n1>6. ? "ithin fi e $;% da's from the issuance of the order of expropriation) the court shall direct each part' to submit the names of at least three $3% willing competent and independent nominees. "ithin ten $14% da's from receipt of the lists of nominees) the court shall choose one from each list and shall designate its own competent and independent representati e as Chairperson. ,ll ob5ections shall be filed and resol ed within ten $14% da's from the issuance of the order naming the three $3% nominees. Thereafter) the court shall appoint the Commissioners who shall take their oath within three $3% da's from issuance of their appointments. $n% SEC" )"3" P>2c11,.n:6 7< c2??.66.2n1>6" B The parties shall present e idence of the fair market alue of the propert' before the commissioners. ,fter due notice) the commissioners ma' conduct ocular inspection of the propert' and its surroundings. The commissioners shall assess the conseBuential damages to the propert' not taken and deduct from such conseBuential damages the conseBuential benefits to be deri ed b' the owner from the public purpose of the propert' taken. The conseBuential benefits assessed shall not exceed the conseBuential damages assessed. The commissioners shall determine the 5ust compensation for the expropriated propert' appl'ing the guidelines pro ided b' law. $<a% SEC" )")" (eport by commissioners and ;a<?1n/ 23 c2??.66.2n1>6D 3116. ? The commissioners shall submit their report to the court within sixt' $<4% da's from their oath. The branch clerk of the court shall ser e copies of the report on all interested parties) within fi e $;% da's from its submission. The parties ma' comment within ten $14% da's from receipt of the report. "ithin fi e $;% da's from receipt of the report) the court shall order the plaintiff to pa' the commissioners reasonable fees. The plaintiff shall compl' within ten $14% da's from notice. 2ailure of the commissioners to file the report within the prescribed

period shall be considered contempt of court. $6a% SEC" )"4" ,ction upon commissionersK report" B "ithin 34 da's from receipt of the commissioner9s report) the court ma' conduct a summar' hearing thereon or deem the issue of 5ust compensation submitted for decision. In no case shall the summar' hearing exceed the prescribed thirt' $34% da' period. ,fter the termination of the summar' hearing or the submission of the case for decision) the Court shall ha e sixt' $<4% da's to resol e the issue of 5ust compensation. In rendering its 5udgment) the court ma' adopt) modif') or re5ect the commissioners9 report or an' part of it. $>% SEC" )"." Unc1>/a.n 2@n1>64.;A c2n30.c/.n: c0a.?6. ? If the ownership of the propert' taken is uncertain) or there are conflicting claims to an' part thereof) the court ma' order an' sum or sums awarded as compensation for the propert' to be paid to the court for the benefit of the person ad5udged in the same proceeding to be entitled thereto. *ut the 5udgment shall reBuire the pa'ment of the sum or sums awarded to either the defendant or the court before the plaintiff can enter upon the propert') or retain it for the public use or purpose if entr' has alread' been made. $=% SEC" )"#-" R.:4/6 23 ;0a.n/.33 a3/1> 85,:?1n/ an, ;a<?1n/. ? &pon pa'ment b' the plaintiff to the defendant of the compensation fixed b' the 5udgment) with legal interest thereon from the taking of the possession of the propert') or after tender to defendant of the amount so fixed and pa'ment of the costs) the plaintiff shall ha e the right to enter upon the propert' expropriated and to appropriate it for the public use or purpose defined in the 5udgment) or to retain it should he or she ha e taken immediate possession thereof under the pro isions of 7ection hereof. If the defendant and counsel absent themsel es from the court) or decline to recei e the amount tendered) the same shall be ordered to be deposited in court and such deposit shall ha e the same effect as actual pa'ment to defendant or person ultimatel' ad5udged entitled thereto. $14% SEC" )"##" En/>< n2/ a331c/1, 7< a;;1a0B 1331c/ 23 >191>6a0 5;2n ;1/./.2n. ? The right of the plaintiff to enter upon the propert' of the defendant and appropriate the same for public use or purpose shall not be affected b' the filing of a petition for re iew from the 5udgment.

203
*ut if the appellate court determines that plaintiff has no right of expropriation) 5udgment shall be rendered ordering the Regional Trial Court to forthwith enforce the restoration to the defendant of the possession of the propert') and to determine the damages which the defendant sustained and ma' reco er b' reason of the possession taken b' the plaintiff. $11a% SEC" )"#*" C26/6) 7< @42? ;a.,. ? The fees of the commissioners shall be taxed as a part of the costs of the proceedings. ,ll costs) except those of ri al claimants litigating their claims) shall be paid b' the plaintiff) unless an appeal is taken b' the owner of the propert' and the 5udgment is affirmed) in which e ent the costs of the appeal shall be paid b' the owner. $12% SEC" )"#$" R1c2>,.n: 85,:?1n/) an, ./6 1331c/. ? The 5udgment entered in expropriation proceedings shall state definitel') b' an adeBuate description) the particular propert' or interest therein expropriated) and the nature of the public use or purpose for which it is expropriated. "hen real estate is expropriated) a certified cop' of such 5udgment shall be recorded in the registr' of deeds of the place in which the propert' is situated) and its effect shall be to est in the plaintiff the title to the real estate so described for such public use or purpose. $13% SEC" )"#0" P2@1> 23 :5a>,.an .n 65c4 ;>2c11,.n:6. ? The guardian or guardian a, 0./1? of minors or of persons 5udiciall' declared to be incompetent ma') with the appro al of the court) do and perform on behalf of said wards an' act) matter) or thing respecting the expropriation for public use or purpose of the propert' belonging to said wards) which the latter could do in such proceedings if the' were of age or competent. $1:% SEC" )"#1" M2,1 23 A;;1a0. ? The decision or final order fixing the amount of 5ust compensation ma' be Buestioned through an appeal in accordance with Title JIII) Rule 3. $n% Rule 4 '(DICI L ND E/TR J'(DICI L FORECLOS(RE OF RE L EST TE +ORTG GE %R34& ,. +udicial 2oreclosure

SECTION 4"#" Complaint in action for foreclosure. In an action for the foreclosure of a mortgage or other encumbrance upon a real estate) the complaint shall contain@ $a% %8& the parties9 personal circumstancesA state9ent of relevant facts such as the date and due execution of the mortgageA its assignments) if an'A the names and residences of the mortgagor and the mortgageeA a description and location of the mortgaged propert'A the date of the 5ro9issor: note or other documentar' e idence of the obligation secured b' the mortgageA the un5aid amountA and) the names and residences of all persons ha ing or claiming an interest in the propert' subordinate in right to that of the mortgagee) all of whom shall be made defendants in the action. $1a%
SEC" 4"*" )udgment on foreclosure" B "ithin thirt' $34% da's from filing of the answer of the defendant or an' 5unior encumbrancer) the court) ?2/5 ;>2;>.2) after examination of the plaintiff9s claims and defendant9s defenses) as well as the parties9 respecti e pleadings) ma' render 5udgment directing the defendant to pa' the plaintiff mortgage debt) including interest) charges) and costs. "here material issues exist) the court shall set the case for summar' hearing within thirt' $34% da's from filing of the answer and proceed to render 5udgment within a similar period of thirt' $34% da's from the last hearing.$ 2a% SEC" 4"$" EA5./< 23 >1,1?;/.2n. = If the 5udgment is in fa or of the plaintiff) the defendant shall pa' the mortgage debt due to the plaintiff as ascertained b' the court within one hundred twent' $124% da's from entr' of 5udgment and in case of default thereof) the mortgaged propert' shall be sold at public auction to satisf' the 5udgment. $n% SEC" 4"0" Sale of t"e mortgaged property/ effect. The sale of the mortgaged propert' shall be go erned b' the rules on execution and other regulations go erning sales of real estate under execution. 7uch sale shall not affect the rights of persons holding prior encumbrances upon the propert' or a part thereof. ,fter the sale) the court) ?2/5 ;>2;>.2 or on motion) shall issue the order confirming the sale. "ithin one $1% 'ear from

205
registration of the order confirming the sale) the rights in the propert' of all the parties to the action shall be di ested and their rights shall est in fa or of the purchaser at the auction sale. $3a% SEC" 4"1" 0isposition of proceeds of sale. The a9ount realiAed fro9 the foreclosure sale shall first be applied against the mortgage debt) interest) charges and other costs and then) to the claims of the 5unior encumbrancers in the order of their priorit' as ascertained b' the court. The excess) if an') shall be paid to the mortgagor. $:a% SEC" 4"3" $2@ 6a01 /2 ;>2c11, .n ca61 /41 ,17/ .6 n2/ a00 ,51. = If the debt for which the mortgage or encumbrance was held is not at all due as pro ided in the 5udgment) the sale shall co er onl' sufficient portion of the propert' as ma' be necessar' to co er the amount due to the plaintiff. *ut if the propert' cannot be sold in portions without pre5udice to the parties) the whole shall be ordered to be sold in the first instance) and the entire mortgage debt shall be deemed paid) if the proceeds of the sale be sufficient therefor) there being a rebate of interest where such rebate is proper. $;% SEC" 4")" 0eficiency &udgment. If u5on the sale of the 9ort7a7ed 5ro5ert: as 5rovided in the ne<t 5recedin7 section= the proceeds of the sale are not sufficient to satisf' the amount due to the plaintiff) the court) upon motion) shall render 5udgment within thirt' $34% da's from comment on the motion) if an') directing the defendant to pa' the deficienc') upon which execution ma' issue immediatel' if the deficienc' is all due at the ti9e of the rendition of the >ud79ent; other@ise= the 5laintiff shall 8e entitled to e<ecution at such ti9e as the re9ainin7 8alance= 8eco9es due under the ter9s of the ori7inal contract= @hich ti9e shall 8e stated in the >ud79ent" %3a& SEC" 4"4" P1/./.2n 32> R19.1@ a:a.n6/ 85,:?1n/ 2n 85,.c.a0 32>1c0265>1. = The 5udgment on foreclosure ma' be appealed in accordance with Title JIII) Rule 3. Dowe er) the order of the court confirming the sale is immediatel' executor' and ma' be registered with the Registr' of 3eeds of the pro ince or cit' where the propert' is situated without pre5udice to the right of the defendant to supplement a petition for re iew alread' filed to assail the conduct of the foreclosure sale in case of irregularit'. $n% SEC" 4"." A;;1a0 a:a.n6/ 2>,1> c2n3.>?.n: 6a01. = ,n appeal to set aside the order confirming the sale shall include similar alid grounds to set

aside the assailed amount of deficienc' 5udgment) if an'. Dowe er) an appeal against the order confirming the sale shall not sta' the issuance of the new certificate of title and the writ of possession in fa or of the purchaser or last redemptioner after one 'ear from registration of the order confirming the sale. $n% SEC" 4"#-" R1,1?;/.2n. = If no right of redemption is exercised within one 'ear from registration of the order confirming the sale) the certificate of title in the name of the mortgagor shall be canceled and a new one issued in the name of the purchaser or the last redemptioner. The latter shall also be entitled to the possession of the propert' unless a third person is actuall' holding the same ad ersel' to the 5udgment obligor. The purchaser or last redemptioner ma' secure a writ of possession) upon motion) from the court which ordered the foreclosure. In the e ent the propert' is redeemed) the deed of redemption shall be registered with the registr' of deeds) and a brief memorandum thereof shall be made b' the register of deeds on said certificate of title. $n% *. -xtra15udicial 2oreclosure $N% SEC" 4"##" P1/./.2n 32> (>./ 23 P266166.2n 5n,1> Ac/ 3135 ,5>.n: >1,1?;/.2n ;1>.2,. = In an' sale made under the pro isions of ,ct No. 313;) the purchaser ma' file a petition with the Regional Trial Court of the pro ince) cit') or place where the propert' or an' part thereof is situated) for a writ of possession during the redemption period. SEC" 4"#*" C2n/1n/6 23 /41 ;1/./.2n. = The petition shall contain the following@ $a% $b% the plaintiff9s personal circumstancesA statement of rele ant proceedings leading to the filing of the petitionA 1. statement of the following matters@ the plaintiff is the highest bidder in the public auction of the mortgaged propert' in whose fa or a certificate of sale was issuedA the plaintiff is willing to post a bond in an amount eBui alent to ;I of the current 0onal aluation of
2.

207
the real propert' and ;I of the assessed alue of the impro ement) if an') for a period of twel e months) to indemnif' the debtor or mortgagor in case it be shown that the sale was made in iolation of the mortgage or the reBuirements of ,ct 313;A and 3. to the best of the plaintiff9s knowledge) there are no third persons actuall' holding the propert' ad erse to the debtor or mortgagor. relief sought.
:.
SEC" 4"#$" S5??a>< na/5>1 23 /41 ;>2c11,.n:6. = The petition shall be heard 1C ;a>/1 in a summar' hearing. Notice need not be ser ed upon the persons interested in the propert' but a general notice on the filing of the petition and the date of the summar' hearing should be posted on the propert' or its premises. -xcept as pro ided under 7ection 1:) no pleadings) motions) or submissions filed b' an' part' other than the plaintiff shall be allowed. SEC" 4"#0" M.n.6/1>.a0 ,5/< 23 /41 c25>/. = from receipt of the petition) the court shall@ $a% $b% $c% "ithin ten $14% da's
issue an order setting the petition for summar' hearingA appro e the bond posted b' the plaintiff upon compliance with 7ection 1 of this RuleA and issue the writ of possession addressed to the branch sheriff who shall immediatel' execute it within se ent' two $62% hours from receipt of the writ.
Notwithstanding an' action Buestioning the mortgage or the extra5udicial foreclosure) the writ of possession shall continue to be effecti e. SEC" 4"#1" M2/.2n /2 A5a64 /41 @>./ 23 ;266166.2n. = The debtor or mortgagor or an' third part' actuall' holding the propert' ad erse to the debtor or mortgagor ma') not later than ten $14% da's after the purchaser was gi en possession) file a motion to Buash the writ and restore possession to such debtor) mortgagor) or third part' on the following grounds@

$a% $b% $c%
the mortgage contract was not iolatedA the sale contra ened ,ct 313;A or the third part' has a superior right to the possession of the propert' and its impro ements.
The court shall summaril' hear and resol e the motion within twent' $24% da's from receipt thereof. 3uring the hearing) the mo ant ma' present e idence of the damages suffered. 7hould the court find merit in the motion to Buash) it shall order the cancellation of the writ of possession) the restoration of possession of the propert' to the mo ant) and the release to the latter of all or part of the plaintiff9s bond. SEC" 4"#3" P1/./.2n 32> (>./ 23 P266166.2n 5n,1> Ac/ 3135 a3/1> >1,1?;/.2n ;1>.2, 1C;.>1,. = If no redemption is made during the redemption period and where no third part' is shown to actuall' possess the propert' ad erse to the debtor or mortgagor) the issuance of a writ of possession becomes a matter of right for the purchaser. 2or this purpose) no bond shall be reBuired. The purchaser ma' cause the annotation of the writ of possession in the certificate of title of the propert'. C. Common !ro ision for +udicial and -xtra15udicial 2oreclosure SEC" 4"#)" A;;0.ca7.0./< 23 2/41> ;>29.6.2n6. ? The pro isions on -xecution) 7atisfaction and -ffect of +udgments shall be applicable to the 5udicial and extra15udicial foreclosure of real estate mortgages under this Rule insofar as the former are not inconsistent with or ma' ser e to supplement the pro isions of the latter. $n% Rule . P RTITION %R3.& SECTION ."#" C2?;0a.n/ 32> ;a>/./.2n 23 >1a0 2> ;1>62na0 ;>2;1>/<. ? !ersons ha ing the right to compel the partition of real or personal propert' ma' file a erified petition against all persons interested in the propert'. The complaint shall contain the following@ $a% the parties9 personal circumstancesA

209
$b% $c%
statement of the nature and extent of plaintiff9s titleA description of the real or personal propert') including the assessed alue for real propert' and estimated alue for personal propert'A and narration of rele ant facts and relief sought. $n%
$d%
SEC" ."*" Pa>/./.2n 7< c2??.66.2n1>6. ? In case the parties cannot agree on the partition among themsel es within thirt' $34% da's from notice of the order of partition) the court shall direct each part' to submit the names of at least three $3% willing) competent) and independent nominees to be appointed as commissioners tasked to make the petition. "ithin ten $14% da's from receipt of the parties9 lists of nominees) the court shall choose two $2% from the lists and shall name its own nominee as Chairperson. ,ll ob5ections shall be filed and resol ed within ten $14% da's from the notice of the order naming the three $3% nominees. ,fter all the ob5ections shall ha e been resol ed) the court shall appoint the three $3% commissioners who shall take their oath within three $3% da's from notice of their appointments. $3 N :a% SEC" ."$. P>2c11,.n:6 7< c2??.66.2n1>6. ? shall@ (a% conduct an ocular inspection of the real propert' or examine the personal propert') after due notice to the partiesA hear the parties on their preferred portions of the propert' and their comparati e alueA determine whether a partition of the propert' is feasible and will not be pre5udicial to the partiesA partition the propert') considering) in the case of real propert') the impro ements) situation) and Bualit' of its portions) and in the case of personal propert') the alue and Bualit' of its portionsA The commissioners
(b% (c% (d%
The commissioners shall adopt the most eBuitable manner of partition. $:a% SEC" ."0" ,ssignment or sale of property by commissioners" B

7hould the commissioners determine that a partition of the propert' is not feasible and will be pre5udicial to the parties) the commissioners shall report this to the court in accord with 7ection =.;. The court ma' then order the propert' to be@ $a% assigned to one of the parties willing to take the same) pro ided that this part' pa's the others their respecti e shares in such eBuitable amount) as determined b' the commissionersA or sold b' the commissioners at a public sale) upon motion) with the proceeds to be di ided among the parties. $;a%
$b%
SEC" ."1" R1;2>/ 7< c2??.66.2n1>6 an, ;a<?1n/ 23 /41.> 3116 . ? The commissioners shall su89it their re5ort to the court @ithin si<t: %3-& da:s fro9 their oath" The 8ranch clerE of court shall serve co5ies of the re5ort on all 5arties= @ithin five %1& da:s fro9 its su89ission" The 5arties 9a: co99ent @ithin ten %#-& da:s fro9 their recei5t of the re5ort" The court shall order the 5laintiff to 5a: the co99issioners reasona8le fees not later than five %1& da:s fro9 recei5t of the re5ort" The 5laintiff shall co95l: not later than ten %#-& da:s fro9 notice" 2ailure of the commissioners to file the report within the prescribed period shall be punished for contempt of court. $<a% SEC" ."3" Ac/.2n 5;2n c2??.66.2n1>6G >1;2>/. ? "ithin thirt' $34% da's from receipt of the parties9 comments on the commissioners9 report or from expiration of the period to file them) the court ma'@ $a% render 5udgment on the complaint) should it find the commissioners9 report and the comments thus filed alread' sufficient for this purposeA conduct a summar' hearing) should the court find it necessar' for the purpose of deciding the case.
$b%
In no case shall the summar' hearing exceed the prescribed 341da' period. ,fter termination of the summar' hearing) the Court shall ha e thirt' $34% da's to render its final 5udgment. In doing so the court ma' adopt) modif') or re5ect the commissioners9 report or an' part of it. $6a%

211
SEC" .")" L.?./a/.2n. = The proceeding for petition from commencement to termination shall not exceed six $<% months. $n% SEC" ."4" M2,1 23 A;;1a0. = The order of partition and the final 5udgment of partition ma' be appealed in accordance with Title JIII) Rule 3. $n% SEC" ."." ,ccounting1 costs1 and e penses. The court shall eBuitabl' apportion among the parties the costs and expenses in the action) including the commissioners9 fees. The court shall also allow the parties to whom a particular propert' or portions are assigned to reco er their 5ust share of rents and profits thereon from those who recei ed them. $>a and 14a% SEC" ."#-" P2@1> 23 :5a>,.an6 .n ;a>/./.2n. = The appro al of the court is reBuired before a guardian or guardian a, 0./1? of a minor or a person 5udiciall' declared to be incompetent can act on behalf of the ward in the partition proceedings. $=a% SEC" ."##" E331c/6 23 85,:?1n/B c2;< /2 71 >1c2>,1, .n >1:.6/>< 23 ,11,6. = , 5udgment of partition shall ha e the following effects@ $a% In case of actual partition) the 5udgment shall state the particular portion of the propert' assigned to each part' with adeBuate description of its metes and bounds. The 5udgment shall est in the parties the portions of the propert' assigned to them. If the propert' is assigned to one of the parties after pa'ment of the amount ordered b' the court) the 5udgment shall state the fact of assignment and pa'ment. The 5udgment shall est in such part' the entire propert' free from an' interest of the other parties. If the propert' is sold and the sale is confirmed b' the court) the 5udgment shall state the name of the purchaser and a definite description of the propert' or portions sold. The 5udgment shall est title o er the propert' in such purchaser free from claims of the parties in the partition.
$b%
$c%
, certified cop' of the 5udgment shall be recorded in the Registr' of 3eeds of the place where the sub5ect real propert' is situated) and the

expenses of such recording shall be assessed as part of the costs. $11a% SEC" ."#*" N1./41> ;a>a?25n/ >.:4/6 n2> a?.ca701 ;a>/./.2n a331c/1, 7< /4.6 R501. ? Nothing in this Rule shall pre5udice) defeat) or destro' the right or title of an' third person claiming the sub5ect propert'. $12a% Rule #FORCICLE ENTR, ND (NL HF(L DET INER %R)-& SECTION #-"#" (42 ?a< .n6/./5/1 ;>2c11,.n:6) an, @41n. = 7ub5ect to the pro isions of the next succeeding section) a person depri ed of the possession of an' land or building b' force) intimidation) threat) strateg') or stealth) or a lessor) endor) endee) or other person against whom the possession of an' land or building is unlawfull' withheld after the expiration or termination of the right to hold possession) b' irtue of an' contract) express or implied) or the legal representati es or assigns of an' such lessor) endor) endee) or other person) ma') at an' time within one $1% 'ear after such unlawful depri ation or withholding of possession) bring an action in the proper Fetropolitan Trial Court) Funicipal Trial Court in Cities) Funicipal Trial Court or Funicipal Circuit Trial Court against the person or persons unlawfull' withholding or depri ing of possession) or an' person or persons claiming under them) for the restitution of such possession) together with damages and costs. $1% SEC" #-"*. L1662> /2 ;>2c11, a:a.n6/ 016611 2n0< a3/1> ,1?an,. = &nless otherwise stipulated) such action b' the lessor shall be commenced onl' after demand to pa' or compl' with the conditions of the lease and to acate is made upon the lessee) or b' ser ing written notice of such demand upon the person found on the premises) or b' posting such notice on the premises if no person be found thereon) and the lessee fails to compl' therewith after fifteen $1;% da's in the case of land or fi e $;% da's in the case of buildings. $2% SEC" #-"$. S5??a>< ;>2c1,5>1. = -xcept in cases co ered b' the agricultural tenanc' laws or when the law otherwise expressl' pro ides) all actions for forcible entr' and unlawful detainer) irrespecti e of the amount of damages or unpaid rentals sought to be reco ered) shall be go erned b' the summar' procedure hereunder pro ided. $3%

213
SEC" #-"0" P01a,.n:6 a002@1,. = The onl' pleadings allowed to be filed are the complaint) compulsor' counterclaim and cross1claim pleaded in the answer) and the answers to the counter1claims and cross1claims. $:a% SEC" #-"1" ,ction on complaint" B receipt of the complaint) the court ma'@ $a% "ithin fi e $;% da's from
dismiss the case ?2/5 ;>2;>.2 on an' of the grounds for the dismissal of a ci il action which are apparent from an examination of the pleadings and the documentar' e idence attached to the pleadingsA or if no ground for dismissal is found) issue summons stating that the rules on summar' procedure shall appl'. $;a%
%8&
SEC" #-"3" An6@1>. = "ithin ten $14% da's from ser ice of summons) the defendant shall file an answer to the complaint and ser e a cop' thereof on the plaintiff. ,ffirmati e and negati e defenses not pleaded therein shall be deemed wai ed) except lack of 5urisdiction o er the sub5ect matter. Cross1claims and compulsor' counterclaims not asserted in the answer shall be considered barred. The answer to counterclaims or cross1 claims shall be ser ed and filed within ten $14% da's from ser ice of the answer in which the' are pleaded. $<a% SEC" #-")" E331c/ 23 3a.05>1 /2 an6@1>. = 7hould the defendant fail to answer the complaint within the period abo e pro ided) the court shall ?2/5 ;>2;>.2 render 5udgment as ma' be warranted b' the facts alleged in the complaint and limited to what is pra'ed for therein within ten $14% da's from the expiration of the time to file the answer. The court ma' in its discretion reduce the amount of damages and attorne'Gs fees claimed for being excessi e) without pre5udice to the applicabilit' of 7ection 3 $c%) Rule = if there are two or more defendants. $6a% SEC" #-"4" P>10.?.na>< c2n31>1nc1B a;;1a>anc1 23 ;a>/.16. = Not later than thirt' $34% da's after the last answer is filed) a preliminar' conference shall be held. The pro isions of Rule 1< on !reliminar' Conference shall be applicable to the preliminar' conference unless inconsistent with the pro isions of this Rule. In no case shall the duration of the preliminar' conference exceed a

period of ninet' $=4% da's from its commencement. The failure of the plaintiff to appear in the preliminar' conference shall be cause for the dismissal of the complaint. The defendant who appears in the absence of the plaintiff shall be entitled to 5udgment on the counterclaim in accordance with the next preceding section. ,ll cross1claims shall be dismissed. If a sole defendant shall fail to appear) the plaintiff shall likewise be entitled to 5udgment in accordance with the next preceding section. This procedure shall not appl' where one of two or more defendants sued under a common cause of action who had pleaded a common defense shall appear at the preliminar' conference. No postponement of the preliminar' conference shall be granted except for highl' meritorious grounds and without pre5udice to such sanctions as the court in the exercise of sound discretion ma' impose on the mo ant. $>a% SEC" #-".. R1c2>, 23 ;>10.?.na>< c2n31>1nc1. = "ithin fi e $;% da's after the termination of the preliminar' conference) the court shall issue an order stating the matters taken up therein) including but not limited to@ %a& %8& %c& whether the parties ha e arri ed at an amicable settlement) and if so) the terms thereofA the stipulations or admissions entered into b' the partiesA whether) on the basis of the pleadings and the stipulations and admissions made b' the parties) 5udgment ma' be rendered without the need of further proceedings) in which e ent the 5udgment shall be rendered within thirt' $34% da's from issuance of the orderA a clear specification of material facts which remain contro ertedA and such other matters intended to expedite the disposition of the case. $=a%
%d& %e&
SEC" #-"#-" S57?.66.2n 23 a33.,a9./6 an, ;26./.2n ;a;1>6. ? "ithin ten $14% da's from receipt of the preliminar' conference order) the parties shall submit the affida its of their witnesses) which shall be in narrati e form) and other e idence on the factual issues defined in the order) which

215
shall be attached as annexes) together with their position papers setting forth the law and the facts relied upon b' them. $14a% SEC" #-"##" C2n/1n/6 23 a33.,a9./6. = The affida its reBuired to be submitted under this Rule shall state onl' facts of direct personal knowledge of the affiants which are admissible in e idence) and shall show their competence to testif' to the matters stated therein. , iolation of this reBuirement ma' sub5ect the part' or counsel who submits the same to disciplinar' action) and shall be cause to expunge the inadmissible affida it or portion thereof from the record. $1:% SEC" #-"#*. P1>.2, 32> >1n,./.2n 23 85,:?1n/. = "ithin thirt' $34% da's after receipt of the affida its and position papers) or the expiration of the period for filing the same) the court shall render 5udgment. Dowe er) should the court find it necessar' to clarif' certain material facts) it ma') during the said period) issue an order specif'ing the matters to be clarified) and reBuire the parties to submit affida its or other e idence on the said matters within ten $14% da's from receipt of said order. +udgment shall be rendered within fifteen $1;% da's after the receipt of the last affida it or the expiration of the period for filing the same. The court shall not resort to the foregoing procedure 5ust to gain time for the rendition of the 5udgment. $11% SEC" #-"#$" R131>>a0 32> c2nc.0.a/.2n. = Cases reBuiring referral for conciliation) where there is no showing of compliance with such reBuirement) shall be dismissed without pre5udice. $12a% SEC" #-"#0" P>24.7./1, ;01a,.n:6 an, ?2/.2n6. = petitions) motions) or pleadings shall not be allowed@ %a& %8& %c& %d& The following
Fotion to dismiss for failure to compl' with 7ection 12A Fotion for new trial) or for reconsideration of a 5udgment) or for reopening of trialA !etition for relief from 5udgmentA Fotion for extension of time to file pleadings) affida its or an' other paperA

%e& %f& %7& %h& %i& %>& %E&
FemorandaA !etition for certiorari) mandamus) or prohibition against an' interlocutor' order issued b' the courtA Fotion to declare the defendant in defaultA 3ilator' motions for postponementA Repl'A Third1part' complaintsA Inter entions. $13%
SEC" #-"#1" P>10.?.na>< .n85nc/.2n. = The court ma' grant preliminar' in5unction) in accordance with the pro isions of Title JI) Rule 3 hereof) to pre ent the defendant from committing further acts of dispossession against the plaintiff. , possessor depri ed of possession through forcible entr' or unlawful detainer ma') within fi e $;% da's from the filing of the complaint) present a motion in the action for forcible entr' or unlawful detainer for the issuance of a writ of preliminar' mandator' in5unction to restore such possession. The court shall decide the motion within fifteen $1;% da's from its receipt thereof. $1;a% SEC" #-"#3" R16209.n: ,131n61 23 2@n1>64.;. = "hen the defendant raises the defense of ownership in the pleadings and the Buestion of possession cannot be resol ed without deciding the issue of ownership) the issue of ownership shall be resol ed onl' to determine the issue of possession. $1<% SEC" #-"#)" J5,:?1n/. = If after trial the court finds that the allegations of the complaint are true) it shall render 5udgment in fa or of the plaintiff for the restitution of the premises) the sum 5ustl' due as arrears of rent or as reasonable compensation for the use and occupation of the premises) attorne'Gs fees and costs. If it finds that said allegations are not true) it shall render 5udgment for the defendant to reco er costs. If a counterclaim is established) the court shall render 5udgment for the sum found in arrears from either part' and award costs as 5ustice reBuires. $16% SEC" #-"#4" J5,:?1n/ c2nc056.91 2n0< 2n ;266166.2nB n2/ c2nc056.91 .n ac/.2n6 .n9209.n: /./01 2> 2@n1>64.;. ? The 5udgment rendered in an

217
action for forcible entr' or detainer shall be conclusi e with respect to the possession onl' and shall in no wa' bind the title or affect the ownership of the land or building. 7uch 5udgment shall not bar an action between the same parties respecting title to the land or building. The 5udgment or final order shall be appealable to the appropriate Regional Trial Court which shall decide the same on the basis of the entire record of the proceedings had in the court of origin and such memoranda as ma' be submitted b' the parties or reBuired b' the Regional Trial Court. $1>% SEC" #-"#." I??1,.a/1 1C1c5/.2n 23 85,:?1n/B 42@ /2 6/a< 6a?1. = If 5udgment is rendered against the defendant) execution shall issue immediatel' upon motion) unless an appeal has been perfected and the defendant) to sta' execution) files a sufficient supersedeas bond) appro ed b' the Fetropolitan Trial Courts) Funicipal Trial Courts in Cities) Funicipal Trial Courts) or Funicipal Circuit Trial Courts) and executed in fa or of the plaintiff to pa' the rents) damages) and costs accruing down to the time of the 5udgment appealed from) and unless) during the pendenc' of the appeal) defendant deposits with the appellate court the amount of rent due from time to time under the contract) if an') as determined b' the 5udgment of the Fetropolitan Trial Courts) Funicipal Trial Courts in Cities) Funicipal Trial Courts) or Funicipal Circuit Trial Courts. In the absence of a contract) defendant shall deposit with the Regional Trial Court the reasonable alue of the use and occupation of the premises for the preceding month or period at the rate determined b' the 5udgment of the lower court on or before the tenth da' of each succeeding month or period. The supersedeas bond shall be transmitted b' the Funicipal Trial Court) with the other papers) to the clerk of the Regional Trial Court to which the action is appealed. ,ll amounts so paid to the appellate court shall be deposited with said court or authori0ed go ernment depositar' bank) and shall be held there until the final disposition of the appeal) unless the court) b' agreement of the interested parties) or in the absence of reasonable grounds of opposition to a motion to withdraw) or for 5ustifiable reasons) shall decree otherwise. 7hould the defendant fail to make the pa'ments abo e prescribed from time to time during the pendenc' of the appeal) the appellate court) upon motion of the plaintiff) and upon proof of such failure) shall order the execution of the 5udgment appealed from with respect to the restoration of possession) but

such execution shall not be a bar to the appeal taking its course until the final disposition thereof on the merits. ,fter the case is decided b' the Regional Trial Court) an' mone' paid to the court b' the defendant for purposes of the sta'ing the execution shall be disposed of in accordance with the pro isions of the 5udgment of the Regional Trial Court. In an' case wherein it appears that the defendant has been depri ed of the lawful possession of land or building pending the appeal b' irtue of the execution of the 5udgment of the Fetropolitan Trial Courts) Funicipal Trial Courts in Cities) Funicipal Trial Courts) or Funicipal Circuit Trial Courts) damages for such depri ation of possession and restoration of possession ma' be allowed the defendant in the 5udgment of the Regional Trial Court disposing of the appeal. $1=% SEC" #-"*-" P>10.?.na>< ?an,a/2>< .n85nc/.2n .n ca61 23 a;;1a0. = &pon motion of the plaintiff) within ten $14% da's from the perfection of the appeal to the Regional Trial Court) the latter ma' issue a writ of preliminar' mandator' in5unction to restore the plaintiff in possession if the court is satisfied that the defendantGs appeal is fri olous or dilator') or that the appeal of the plaintiff is ;>.?a 3ac.1 meritorious. $24% SEC" #-"*#" J5,:?1n/ 23 R1:.2na0 T>.a0 C25>/ .??1,.a/10< 1C1c5/2>< n2/@./46/an,.n: ;1n,1nc< 23 ;1/./.2n 32> >19.1@. = The 5udgment of the Regional Trial Court against the defendant shall be immediatel' executor'. 2or purposes of execution) the records of the case shall be remanded to the court of origin within sixt' $<4% da's from the rendition of 5udgment or denial of the motion for reconsideration b' the Regional Trial Court. $21a% Rule ## CONTE+PT %R)#& SECTION ##"#" D.>1c/ c2n/1?;/ ;5n.641, 65??a>.0<. ? following acts constitute direct contempt@ %a& $b% The
misbeha ior in the presence of or so near a court as to obstruct or interrupt the proceedings before itA un5ustified insults) threatening language) or derogator' remarks against the court in the pleadings) motions) and submissions filed before itA

219
%c& %d&
offensi e conduct toward others committed in the presence of the courtA refusal to be sworn or to answer as a witness) or to subscribe an affida it or deposition when lawfull' reBuired to do soA and making false erification) attestation) or certification against forum shopping.
$e%
In direct contempt) the court shall summaril' ad5udge and punish the erring person b'@ $a% fine not exceeding fi e thousand pesos or imprisonment not more than two $2% da's) or both) if committed against the Fetropolitan Trial Court) Funicipal Trial Court in Cities) Funicipal Trial Court) or Funicipal Circuit Trial CourtA $b% a fine not exceeding twent' thousand pesos or imprisonment not more than ten $14% da's) or both) if it is committed against the Regional Trial Court) 7haria9h Court) Court of ,ppeals) 7andiganba'an) Court of Tax ,ppeals) or 7upreme Court. $1a%
SEC" ##"*" R1?1,<. ? The person ad5udged in direct contempt b' an' court ma' not appeal therefrom) but ma' a ail of the remedies of certiorari or prohibition. The execution of the 5udgment shall be suspended pending resolution of such petition) pro ided such person files a bond fixed b' the court which rendered the 5udgment and conditioned that said person will abide b' and perform the 5udgment. $2a% SEC" ##"$" Ac/6 23 In,.>1c/ C2n/1?;/. ? constitute indirect contempt@ %a& %8& The following acts
misbeha ior of officers of the court in the performance of their official dutiesA disobedience of or resistance to a lawful writ) process) order) or 5udgment of a court) including the act of a person who) after being dispossessed or e5ected from an' real propert' b' the 5udgment or process of an' court of competent 5urisdiction) enters or attempts or induces another to enter such real propert') for the

purpose of executing acts of ownership or possession) or in an' manner disturbs the possession gi en to the person ad5udged to be entitled to itA %c& an' abuse of or an' unlawful interference with the processes or proceedings of a court not constituting direct contempt under 7ection 1 of this RuleA an' improper conduct tending) directl' or indirectl') to impede) obstruct) or degrade the administration of 5usticeA assuming to be an attorne' or an officer of a court) and acting as such without authorit'A failure to obe' an' lawful order or process of the courtA the rescue) or attempted rescue) of a person or propert' in c56/2,.a 01:.6A and other contumacious acts committed against the court.
%d&
%e& %f& %7& $h%
Nothing in this section shall pre ent the court from issuing processes to bring the defendants before it or from holding them in custod' pending contempt proceedings. $3a% SEC" ##"0" $2@ ;>2c11,.n:6 c2??1nc1,. B The court against which contempt was committed ma' initiate the proceedings for indirect contempt) ?2/5 ;>2;>.2) through a show cause order or an' other formal charge directing the persons concerned to explain wh' the' should not be punished for contempt. If the contempt charges are related to a pending principal action in court) charges for indirect contempt shall be commenced b' a erified petition. It shall be filed in) docketed) and decided separatel' b' the same court where the principal case is pending. If there is no pending principal action in court) charges for indirect contempt shall be commenced b' a erified petition before the Regional Trial Court ha ing territorial 5urisdiction o er the residence or place of office of the plaintiff. If the contempt is committed against the 7upreme Court) Court of ,ppeals) 7andiganba'an) Court of Tax ,ppeals) or an' di ision thereof) the petition shall be filed before such court) or an' di ision thereof. $R61) :a%

221
SEC" ##"1" (41n /2 3.01 ;1/./.2n 32> .n,.>1c/ c2n/1?;/. = , petition for indirect contempt shall be filed within thirt' $34% da's from commission of the complained act or from knowledge thereof. $n% SEC" ##"3" C2n/1n/6 23 /41 91>.3.1, ;1/./.2n. = contain the following@ $a% $b% $c% the parties9 personal circumstancesA the timeliness of the petitionA and a narration of the rele ant facts) complained acts) issues) arguments) and relief sought. $n% "ithin ten $14% da's from receipt of the The petition shall
SEC" ##"). O>,1>. = petition) the court ma'@ $a% $b%
dismiss the petition ?2/5 ;>2;>.2) should it find the same fri olous or patentl' without meritA or reBuire the defendants to file their comments on the petition) should it find the petition sufficient in form and substance. $n%
SEC" ##"4" Ba.0. = "hen the court orders the defendants to be taken in custod' in accordance with 7ection 11.3) the defendants ma' be released upon posting a bond) in an amount not exceeding twent' thousand pesos to be fixed b' the court. In case the defendants fail to appear during the summar' hearing stated in 7ection 11.12) the court ma' issue an order of arrest to compel attendance) or forfeiture or confiscation of the bond) or both. $n% SEC" ##"." I?;>.62n?1n/ 5n/.0 2>,1> 271<1,. ? "hen the contempt consists in the refusal or omission to do a particular act which is within the power of the defendants to perform) the' ma' be imprisoned b' order of the court until the' perform such act. $>a% SEC" ##"#-" C25>/ ?a< >101a61 ,131n,an/. ? The court which issued the order imprisoning the defendant for contempt ma' discharge such defendant from imprisonment when it appears that public interest will not be pre5udiced b' said discharge. $14a%

SEC" ##"##" P5n.64?1n/ 32> .n,.>1c/ c2n/1?;/. ? If the defendants are ad5udged guilt' of indirect contempt committed against a Regional Trial Court or a court of eBui alent or higher rank) the' ma' be punished b' a fine not exceeding fift' thousand pesos or imprisonment not exceeding six $<% months) or both. If defendants are ad5udged guilt' of contempt committed against a lower court) the' ma' be punished b' a fine not exceeding ten thousand pesos or imprisonment not exceeding one $1% month) or both. If the contempt consists in the iolation of a writ of in5unction) temporar' restraining order or 6/a/56 A52 order) the' ma' also be ordered to make complete restitution to the part' in5ured b' such iolation of the propert' in ol ed or such amount as ma' be alleged and pro ed. The writ of execution) as in ordinar' ci il actions) shall issue for the enforcement of a 5udgment imposing a fine unless the court otherwise pro ides. $n% SEC" ##"#*. D1/1>?.na/.2n. = "ithin thirt' $34% da's from the filing of the comments or from expiration of the period to file the same) the court shall@ (a% decide the petition based on the pleadings and documents thus filed) should the court find them sufficient for this purposeA or conduct a summar' hearing should the court find it necessar' for the purpose of resol ing the petition.
$b%
In no case shall the summar' hearing exceed the prescribed thirt'1da' period. &pon the termination of the summar' hearing) the court shall ha e a fresh period of thirt' $34% da's to decide the petition. $n% SEC" ##"#$" M2,1 23 a;;1a0 .n .n,.>1c/ c2n/1?;/. = The court9s decision or final order ma' be Buestioned through an appeal in accordance with Title JIII) Rule 2 or Title JIII) Rule 3 or Title JIII) Rule < as the case ma' be. $n%

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FIRST DRAFT OF 2013 REVISED RULES OF CIVIL PROCEDURE

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