1 1997 RULES OF CIVIL PROCEDURE.doc

8/12/2019 1 1997 RULES OF CIVIL PROCEDURE.doc

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1997 RULES OF CIVIL PROCEDURE, AS AMENDED

(RULES 1-71, RULES OF COURT)

EFFECTIVE JULY 1, 1997

Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8,

!!"

RULES OF COURT

Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the Supreme Court

hereby adopts and promulgates the folloing rules concerning the protection and enforcement of

constitutional rights, pleading, practice and procedure in all courts, the admission to the practiceof la, the Integrated !ar, and legal assistance to the underprivileged"

RULE 1

Genera Pr!"#$#!n$

Se%!n 1'#itle of the Rules# $ %hese &ule shall be 'non and cited as the &ules of Court# ()

Se%!n '$n %hat &ourts appli&a'le# $ %hese &ules shall apply in all the courts, ecept asotherise provided by the Supreme Court# (n)

Se%!n 'Cases go(erned# $ %hese &ules shall govern the procedure to be observed in actions,civil or criminal and special proceedings#

(a) A civil action is one by hich a party sues another for the enforcement or protectionof a right, or the prevention or redress of a rong, (a, &*)

A civil action may either be ordinary or special# !oth are governed by the rules for

ordinary civil actions, sub+ect to the specific rules prescribed for a special civil action# (n)

(b) A criminal action is one by hich the State prosecutes a person for an act or omission

punishable by la# (n)

(c) A special proceeding is a remedy by hich a party see's to establish a status, a right,

or a particular fact# (*a, &*)

Se%!n *'$n %hat &ase not appli&a'le# $ %hese &ules shall not apply to election cases, land

registration, cadastral, naturaliation and insolvency proceedings, and other cases not hereinprovided for, ecept by analogy or in a suppletory character and henever practicable and

convenient# (&-.a)


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Se%!n +'Commen&ement of a&tion# $ A civil action is commenced by the filing of the original

complaint in court# If an additional defendant is impleaded in a later pleading, the action is

commenced ith regard to him on the dated of the filing of such later pleading, irrespective ofhether the motion for its admission, if necessary, is denied by the court# (/a)

Se%!n 'Constru&tion# $ %hese &ules shall be liberally construed in order to promote theirob+ective of securing a +ust, speedy and inepensive disposition of every action and proceeding#

(*a)

C#"# A%!n$

Or#nar. C#"# A%!n$

RULE

Ca/$e !0 A%!n

Se%!n 1')rdinary &i(il a&tions,'asis of.$ 0very ordinary civil action must be based on acause of action# (n)

Se%!n 'Cause of a&tion,defined# $ A cause of action is the act or omission by hich a party

violates a right of another# (n)

Se%!n ')ne suit for a single &ause of a&tion# $ A party may not institute more than one suitfor a single cause of action# (.a)

Se%!n *'Splitting a single &ause of a&tion1effe&t of.$ If to or more suits are instituted on the

basis of the same cause of action, the filing of one or a +udgment upon the merits in any one is

available as a ground for the dismissal of the others# (-a)

Se%!n +'*oinder of &auses of a&tion# $ A party may in one pleading assert, in the alternativeor otherise, as many causes of action as he may have against an opposing party, sub+ect to the

folloing conditions"

(a) %he party +oining the causes of action shall comply ith the rules on +oinder ofparties1

(b) %he +oinder shall not include special civil actions or actions governed by special rules1

(c) 2here the causes of action are beteen the same parties but pertain to different

venues or +urisdictions, the +oinder may be alloed in the &egional %rial Court provided


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one of the causes of action falls ithin the +urisdiction of said court and the venue lies

therein1 and

(d) 2here the claims in all the causes action are principally for recovery of money, theaggregate amount claimed shall be the test of +urisdiction# (5a)

Se%!n 'Mis+oinder of &auses of a&tion# $ 3is+oinder of causes of action is not a ground for

dismissal of an action# A mis+oined cause of action may, on motion of a party or on the initiative

of the court, be severed and proceeded ith separately# (n)

RULE

Pare$ &! C#"# A%!n$

Se%!n 1'ho may 'e parties1plaintiff and defendant# $ 4nly natural or +uridical persons, orentities authoried by la may be parties in a civil action# %he term plaintiff may refer to the

claiming party, the counter6claimant, the cross6claimant, or the third (fourth, etc#) $ partyplaintiff# %he term defendant may refer to the original defending party, the defendant in a

counter6claim, the cross6defendant, or the third (fourth, etc#) $ party defendant# (a)

Se%!n 'Parties in interest# $ A real party in interest is the party ho stands to be benefited or

in+ured by the +udgment in the suit, or the party entitled to the avails of the suit# 7nless otheriseauthoried by la or these &ules, every action must be prosecuted or defended in the name of the

real party in interest# (*a)

Se%!n 'Representati(es as parties# $ 2here the action is alloed to be prosecuted anddefended by a representative or someone acting in a fiduciary capacity, the beneficiary shall be

included in the title of the case and shall be deemed to be the real property in interest# A

representative may be a trustee of an epert trust, a guardian, an eecutor or administrator, or a

party authoried by la or these &ules# An agent acting in his on name and for the benefit of anundisclosed principal may sue or be sued ithout +oining the principal ecept hen the contract

involves things belonging to the principal# (.a)

Se%!n *'Spouses as parties# $ 8usband and ife shall sue or be sued +ointly, ecept as

provided by la# (-a)

Se%!n +'Minor or in&ompetent persons# $ A minor or a person alleged to be incompetent,may sue or be sued ith the assistance of his father, mother, guardian, or if he has none, a

guardian ad litem# (5a)

Se%!n 'Permissi(e +oinder of parties# $ All persons in hom or against hom any right torelief in respect to or arising out of the same transaction or series of transactions is alleged to

eist, hether +ointly, severally, or in the alternative, may, ecept as otherise provided in these

&ules, +oin as plaintiffs or be +oined as defendants in one complaint, here any 9uestion of la


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or fact common to all such plaintiffs or to all such defendants may arise in the action1 but the

court may ma'e such orders as may be +ust to prevent any plaintiff or defendant from being

embarrassed or put to epense in connection ith any proceedings in hich he may have nointerest# (/n)

Se%!n 7'Compulsory +oinder of indispensa'le parties# $ Parties in interest ithout hom nofinal determination can be had of an action shall be +oined either as plaintiffs or defendants# (:)

Se%!n 'Ne&essary party# $ A necessary party is one ho is not indispensable but ho oughtto be +oined as a party if complete relief is to be accorded as to those already parties, or for a

complete determination or settlement of the claim sub+ect of the action# (;a)

Se%!n 9'Non-+oinder of ne&essary parties to 'e pleaded# $ 2henever in any pleading in

hich a claim is asserted a necessary party is not +oined, the pleader shall set forth his name, if'non, and shall state hy he is omitted# Should the court find the reason for the omission

unmeritorious, it may order the inclusion of the omitted necessary party if +urisdiction over his

person may be obtained#

%he failure to comply ith the order for his inclusion, ithout +ustifiable cause, shall be deemeda aiver of the claim against such party#

%he non6inclusion of a necessary party does not prevent the court from proceeding in the action,

and the +udgment rendered therein shall be ithout pre+udice to the rights of such necessary

party# (;a, either mis+oinder nor non6+oinder ofparties is ground for dismissal of an action# Parties may be dropped or added by order of the

court on motion of any party or on its on initiative at any stage the action and on such terms as

are +ust# Any claim against a mis+oined party may be severed and proceeded ith separately#(a)

Se%!n 1'Class suit# $ 2hen the sub+ect matter of the controversy is one of common or

general interest to many persons so numerous that it is impracticable to +oin all as parties, a

number of them hich the court finds to be sufficiently numerous and representative as to fully

protect the interests of all concerned may sue or defend for the benefit of all# Any party ininterest shall have the right to intervene to protect his individual interest# (*a)

Se%!n 1'Alternati(e defendants# $ 2here the plaintiff is uncertain against ho of several

persons he is entitled to relief, he may +oin any or all of them as defendants in the alternative,although a right to relief against one may be inconsistent ith a right of relief against the other#

(.a)


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Se%!n 1*'n/no%n identity or name of defendant# $ 2henever the identity or name of a

defendant is un'non, he may be sued as the un'non oner heir devisee, or by such other

designation as the case may re9uire, hen his identity or true name is discovered, the pleadingmust be amended accordingly# (-)

Se%!n 1+'ntity %ithout +uridi&al personality as defendant# $ 2hen to or more persons notorganied as an entity ith +uridical personality enter into a transaction, they may be sued under

the name by hich they are generally or commonly 'non#

In the anser of such defendant, the name and addresses of the persons composing said entity

must all be revealed# (5a)

Se%!n 1'1eath of party1duty of &ounsel# $ 2henever a party to a pending action dies, and

the claim is not thereby etinguished, it shall be the duty of his counsel to inform the courtithin thirty (.=) days after such death of the fact thereof, and to give the name and address of

his legal representative or representatives# ?ailure of counsel to comply ith his duty shall be a

ground for disciplinary action#

%he heirs of the deceased may be alloed to be substituted for the deceased, ithout re9uiringthe appointment of an eecutor or administrator and the court may appoint a guardian ad litem

for the minor heirs#

%he court shall forthith order said legal representative or representatives to appear and be

substituted ithin a period of thirty (.=) days from notice#

If no legal representative is named by the counsel for the deceased party, or if the one so named

shall fail to appear ithin the specified period, the court may order the opposing party, ithin a

specified time to procure the appointment of an eecutor or administrator for the estate of thedeceased and the latter shall immediately appear for and on behalf of the deceased# %he courtcharges in procuring such appointment, if defrayed by the opposing party, may be recovered as

costs# (/a, :a)

Se%!n 17'1eath or separation of a party %ho is a pu'li& offi&er# $ 2hen a public officer is aparty in an action in his official capacity and during its pendency dies, resigns, or otherise

ceases to hold office, the action may be continued and maintained by or against his successor if,

ithin thirty (.=) days after the successor ta'es office or such time as may be granted by the

court, it is satisfactorily shon to the court by any party that there is a substantial need forcontinuing or maintaining it and that the successor adopts or continues or threatens to adopt or

continue to adopt or continue the action of his predecessor# !efore a substitution is made, theparty or officer to be affected, unless epressly assenting thereto, shall be given reasonablenotice of the application therefor and accorded an opportunity to be heard# (;a)

Se%!n 1'$n&ompeten&y or in&apa&ity# $ If a party becomes incompetent or incapacitated, the

court, upon motion ith notice, may allo the action to be continued by or against the

incompetent or incapacitated person assisted by his legal guardian or guardian ad litem# (


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Se%!n 19'#ransfer of interest# $ In case of any transfer of interest, the action may be

continued by or against the original party, unless the court upon motion directs the person to

hom the interest is transferred to be substituted in the action or +oined ith the original party#(*=)

Se%!n 2'A&tion and &ontra&tual money &laims# $ 2hen the action is for recovery of moneyarising from contract, epress or implied, and the defendant dies before entry of final +udgment

in the court in hich the action as pending at the time of such death, it shall not be dismissedbut shall instead be alloed to continue until entry of final +udgment# A favorable +udgment

obtained by the plaintiff therein shall be enforced in the manner especially provided in these

&ules for prosecuting claims against the estate of a deceased person# (*a)

Se%!n 1'$ndigent party# $ A party may be authoried to litigate his action, claim or defense

as an indigent if the court, upon an e2 parteapplication and hearing, is satisfied that the party is

one ho has no money or property sufficient and available for food, shelter and basic necessities

for himself and his family#

Such authority shall include an eemption from payment of doc'et and other laful fees, and of

transcripts of stenographic notes hich the court may order to be furnished him# %he amount of

the doc'et and other laful fees hich the indigent as eempted from paying shall be a lien on

any +udgment rendered in the case favorable to the indigent, unless the court otherise provides#

Any adverse party may contest the grant of such authority at any time before +udgment is

rendered by the trial court# If the court should determine after hearing that the party declared as

an indigent is in fact a person ith sufficient income or property, the proper doc'et and otherlaful fees shall be assessed and collected by the cler' of court# If payment is not made ithin

the time fied by the court, eecution shall issue or the payment thereof, ithout pre+udice to

such other sanctions as the court may impose# (**a)

Se%!n 'Noti&e to the Soli&itor eneral# $ In any action involving the validity of any treaty,la, ordinance, eecutive order, presidential decree, rules or regulations, the court, in its

discretion, may re9uire the appearance of the Solicitor @eneral ho may be heard in person or a

representative duly designated by him# (*.a)

RULE *

Ven/e !0 A%!n$

Se%!n 1'4enue of real a&tions# $ Actions affecting title to or possession of real property, or

interest therein, shall be commenced and tried in the proper court hich has +urisdiction over the

area herein the real property involved, or a portion thereof, is situated#


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?orcible entry and detainer actions shall be commenced and tried in the municipal trial court of

the municipality or city herein the real property involved, or a portion thereof, is situated# (aB,

*aBa)

Se%!n '4enue of personal a&tions# $ All other actions may be commenced and tried here

the plaintiff or any of the principal plaintiffs resides, or here the defendant or any of theprincipal defendants resides, or in the case of a non6resident defendant here he may be found,

at the election of the plaintiff# (*bBa)

Se%!n '4enue of a&tions against nonresidents# $ If any of the defendants does not reside and

is not found in the Philippines, and the action affects the personal status of the plaintiff, or any

property of said defendant located in the Philippines, the action may be commenced and tried inthe court of the place here the plaintiff resides, or here the property or any portion thereof is

situated or found# (*cBa)

Se%!n *'hen Rule not appli&a'le# $ %his &ule shall not apply#

(a) In those cases here a specific rule or la provides otherise1 or

(b) 2here the parties have validly agreed in riting before the filing of the action on theeclusive venue thereof# (.a, 5a)

RULE +

Un#0!r3 Pr!%e/re In Tr#a C!/r&$

Se%!n 1'niform pro&edure# $ %he procedure in the 3unicipal %rial Courts shall be the same

as in the &egional %rial Courts, ecept (a) here a particular provision epressly or impliedlyapplies only to either of said courts, or (b) in civil cases governed by the &ule on Summary

Procedure# (n)

Se%!n 'Meaning of terms# $ %he term 3unicipal %rial Courts as used in these &ules shall

include 3etropolitan %rial Courts, 3unicipal %rial Courts in Cities, 3unicipal %rial Courts, and3unicipal Circuit %rial Courts# (a)

Pr!%e/re In Re4#!na Tr#a C!/r&$

RULE

5#n$ O0 Pea#n4$


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Se%!n 1'Pleadings defined# $ Pleadings are the ritten statements of the respective claims

and defenses of the parties submitted to the court for appropriate +udgment# (a)

Se%!n 'Pleadings allo%ed# $ %he claims of a party are asserted in a complaint, counterclaim,cross6claim, third (fourth, etc#)6party complaint, or complaint6in6intervention#

%he defenses of a party are alleged in the anser to the pleading asserting a claim against him#

An anser may be responded to by a reply# (n)

Se%!n 'Complaint# $ %he complaint is the pleading alleging the plaintiffs cause or causes of

action# %he names and residences of the plaintiff and defendant must be stated in the complaint#(.a)

Se%!n *'Ans%er# $ An anser is a pleading in hich a defending party sets forth his defenses#

(-a)

Se%!n +'1efenses# $ Defenses may either be negative or affirmative#

(a) A negative defense is the specific denial of the material fact or facts alleged in thepleading of the claimant essential to his cause or causes of action#

(b) An affirmative defense is an allegation of a ne matter hich, hile hypothetically

admitting the material allegations in the pleading of the claimant, ould nevertheless

prevent or bar recovery by him# %he affirmative defenses include fraud, statute oflimitations, release, payment, illegality, statute of frauds, estoppel, former recovery,

discharge in ban'ruptcy, and any other matter by ay of confession and avoidance# (5a)

Se%!n 'Counter&laim# $ A counterclaim is any claim hich a defending party may have

against an opposing party# (/a)

Se%!n 7'Compulsory &ounter&laim# $ A compulsory counterclaim is one hich, being

cogniable by the regular courts of +ustice, arises out of or is connected ith the transaction or

occurrence constituting the sub+ect matter of the opposing partys claim and does not re9uire for

its ad+udication the presence of third parties of hom the court cannot ac9uire +urisdiction# Sucha counterclaim must be ithin the +urisdiction of the court both as to the amount and the nature

thereof, ecept that in an original action before the &egional %rial Court, the counter6claim may

be considered compulsory regardless of the amount# (n)

Se%!n 'Cross-&laim# $ A cross6claim is any claim by one party against a co6party arising outof the transaction or occurrence that is the sub+ect matter either of the original action or of a

counterclaim therein# Such cross6claim may include a claim that the party against hom it is

asserted is or may be liable to the cross6claimant for all or part of a claim asserted in the actionagainst the cross6claimant# (:)


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Se%!n 9'Counter-&ounter&laims and &ounter-&ross&laims# $ A counter6claim may be asserted

against an original counter6claimant#

A cross6claim may also be filed against an original cross6claimant# (n)

Se%!n 12'Reply# $ A reply is a pleading, the office or function of hich is to deny, or allegefacts in denial or avoidance of ne matters alleged by ay of defense in the anser and thereby

+oin or ma'e issue as to such ne matters# If a party does not file such reply, all the ne matters

alleged in the anser are deemed controverted#

If the plaintiff ishes to interpose any claims arising out of the ne matters so alleged, suchclaims shall be set forth in an amended or supplemental complaint# ()

Se%!n 11'#hird, 5fourth, et&.67party &omplaint# $ A third (fourth, etc#) $ party complaint is

a claim that a defending party may, ith leave of court, file against a person not a party to the

action, called the third (fourth, etc#) $ party defendant for contribution, indemnity, subrogation

or any other relief, in respect of his opponents claim# (*a)

Se%!n 1'Bringing ne% parties# $ 2hen the presence of parties other than those to the

original action is re9uired for the granting of complete relief in the determination of acounterclaim or cross6claim, the court shall order them to be brought in as defendants, if

+urisdiction over them can be obtained# (-)

Se%!n 1'Ans%er to third 5fourth, et&.67party &omplaint# $ A third (fourth, etc#) $ party

defendant may allege in his anser his defenses, counterclaims or cross6claims, including suchdefenses that the third (fourth, etc#) $ party plaintiff may have against the original plaintiffs

claim# In proper cases, he may also assert a counterclaim against the original plaintiff in respect

of the latters claim against the third6party plaintiff# (n)

RULE 7

Par&$ !0 a Pea#n4

Se%!n 1'Caption# $ %he caption sets forth the name of the court, the title of the action, and the

doc'et number if assigned#

%he title of the action indicates the names of the parties# %hey shall all be named in the originalcomplaint or petition1 but in subse9uent pleadings, it shall be sufficient if the name of the firstparty on each side be stated ith an appropriate indication hen there are other parties#

%heir respective participation in the case shall be indicated# (a, *a)

Se%!n '#he 'ody# $ %he body of the pleading sets fourth its designation, the allegations of

the partys claims or defenses, the relief prayed for, and the date of the pleading# (n)


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(a)Paragraphs# $ %he allegations in the body of a pleading shall be divided into

paragraphs so numbered to be readily identified, each of hich shall contain a statement

of a single set of circumstances so far as that can be done ith convenience# A paragraphmay be referred to by its number in all succeeding pleadings# (.a)

(b)eadings# $ 2hen to or more causes of action are +oined the statement of the firstshall be prefaced by the ords first cause of action, of the second by second cause of

action, and so on for the others#

2hen one or more paragraphs in the anser are addressed to one of several causes of

action in the complaint, they shall be prefaced by the ords anser to the first cause of

action or anser to the second cause of action and so on1 and hen one or moreparagraphs of the anser are addressed to several causes of action, they shall be prefaced

by ords to that effect# (-)

(c)Relief.$ %he pleading shall specify the relief sought, but it may add a general prayer

for such further or other relief as may be deemed +ust or e9uitable# (.a, &/)

(d)1ate# $ 0very pleading shall be dated# (n)

Se%!n 'Signature and address# $ 0very pleading must be signed by the party or counsel

representing him, stating in either case his address hich should not be a post office bo#

%he signature of counsel constitutes a certificate by him that he has read the pleading1 that to the

best of his 'noledge, information, and belief there is good ground to support it1 and that it is notinterposed for delay#

An unsigned pleading produces no legal effect# 8oever, the court may, in its discretion, allosuch deficiency to be remedied if it shall appear that the same as due to mere inadvertence and

not intended for delay# Counsel ho deliberately files an unsigned pleading, or signs a pleadingin violation of this &ule, or alleges scandalous or indecent matter therein, or fails promptly report

to the court a change of his address, shall be sub+ect to appropriate disciplinary action# (5a)

Se%!n *'4erifi&ation# $ 0cept hen otherise specifically re9uired by la or rule, pleadings

need not be under oath, verified or accompanied by affidavit #(5a)

A pleading is verified by an affidavit that the affiant has read the pleading and that theallegations therein are true and correct of his 'noledge and belief#

A pleading re9uired to be verified hich contains a verification based on information and

belief, or upon 'noledge, information and belief, or lac's a proper verification, shall betreated as an unsigned pleading# (/a)

Se%!n +'Certifi&ation against forum shopping# $ %he plaintiff or principal party shall certify

under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sorn

certification anneed thereto and simultaneously filed thereith" (a) that he has not theretofore


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Se%!n +'9raud, mista/e, &ondition of the mind# $ In all averments of fraud or mista'e the

circumstances constituting fraud or mista'e must be stated ith particularity# 3alice, intent,

'noledge, or other condition of the mind of a person may be averred generally#(5a)

Se%!n '*udgment# $ In pleading a +udgment or decision of a domestic or foreign court,

+udicial or 9uasi6+udicial tribunal, or of a board or officer, it is sufficient to aver the +udgment ordecision ithout setting forth matter shoing +urisdiction to render it# (/)

Se%!n 7'A&tion or defense 'ased on do&ument# $ 2henever an action or defense is basedupon a ritten instrument or document, the substance of such instrument or document shall be

set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an

ehibit, hich shall be deemed to be a part of the pleading, or said copy may ith li'e effect beset forth in the pleading# (:)

Se%!n 'o% to &ontest su&h do&uments# $ 2hen an action or defense is founded upon a

ritten instrument, copied in or attached to the corresponding pleading as provided in the

preceding section, the genuineness and due eecution of the instrument shall be deemed admittedunless the adverse party, under oath specifically denies them, and sets forth hat he claims to be

the facts, but the re9uirement of an oath does not apply hen the adverse party does not appear

to be a party to the instrument or hen compliance ith an order for an inspection of the original

instrument is refused# (;a)

Se%!n 9')ffi&ial do&ument or a&t# $ In pleading an official document or official act, it is

sufficient to aver that the document as issued or the act done in compliance ith la# (


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RULE 9

E00e%& !0 Fa#/re &! Pea

Se%!n 1'1efenses and o'+e&tions not pleaded# $ Defenses and ob+ections not pleaded either in

a motion to dismiss or in the anser are deemed aived# 8oever, hen it appears from thepleadings or the evidence on record that the court has no +urisdiction over the sub+ect matter, that

there is another action pending beteen the same parties for the same cause, or that the action is

barred by a prior +udgment or by statute of limitations, the court shall dismiss the claim# (*a)

Se%!n 'Compulsory &ounter&laim,or &ross-&laim,not set up 'arred# $ A compulsorycounterclaim, or a cross6claim, not set up shall be barred# (-a)

Se%!n '1efault1de&laration of.$ If the defending party fails to anser ithin the time

alloed therefor, the court shall, upon motion of the claiming party ith notice to the defending

party, and proof of such failure, declare the defending party in default# %hereupon, the court shall

proceed to render +udgment granting the claimant such relief as his pleading may arrant, unlessthe court in its discretion re9uires the claimant to submit evidence# Such reception of evidence

may be delegated to the cler' of court# (a, &;)

(a)ffe&t of order of default# $ A party in default shall be entitled to notice of

subse9uent proceedings but not to ta'e part in the trial# (*a, &;)

(b)Relief from order of default# $ A party declared in default may at any time after

notice thereof and before +udgment file a motion under oath to set aside the order ofdefault upon proper shoing that his failure to anser as due to fraud, accident, mista'e

or ecusable negligence and that he has a meritorious defense# In such case, the order of

default may be set aside on such terms and conditions as the +udge may impose in theinterest of +ustice# (.a, &;)

(c)ffe&t of partial default# $ 2hen a pleading asserting a claim states a common cause

of action against several defending parties, some of hom anser and the others fail to

do so, the court shall try the case against all upon the ansers thus filed and render+udgment upon the evidence presented# (-a, &;)#

(d)2tent of relief to 'e a%arded# $ A +udgment rendered against a party in default shall

not eceed the amount or be different in 'ind from that prayed for nor aard unli9uidated

damages# (5a, &;)#

(e) here no defaults allo%ed# $ If the defending party in an action for annulment ordeclaration of nullity of marriage or for legal separation fails to anser, the court shall

order the prosecuting attorney to investigate hether or not a collusion beteen the

parties eists, and if there is no collusion, to intervene for the State in order to see to itthat the evidence submitted is not fabricated# (/a, &;)


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RULE 12

A3ene an S/e3en&a Pea#n4$

Se%!n 1'Amendments in general# $ Pleadings may be amended by adding or stri'ing out an

allegation or the name of any party, or by correcting a mista'e in the name of a party or amista'en or inade9uate allegation or description in any other respect, so that the actual merits of

the controversy may speedily be determined, ithout regard to technicalities, and in the most

epeditious and inepensive manner# ()

Se%!n 'Amendments as a matter of right# $ A party may amend his pleading once as a matterof right at any time before a responsive pleading is served or, in the case of a reply, at any time

ithin ten (=) days after it is served# (*a)

Se%!n 'Amendments 'y lea(e of &ourt# $ 0cept as provided in the net preceding section,

substantial amendments may be made only upon leave of court# !ut such leave may be refused if

it appears to the court that the motion as made ith intent to delay# 4rders of the court upon thematters provided in this section shall be made upon motion filed in court, and after notice to the

adverse party, and an opportunity to be heard# (.a)

Se%!n *'9ormal amendments# $ A defect in the designation of the parties and other clearly

clerical or typographical errors may be summarily corrected by the court at any stage of the

action, at its initiative or on motion, provided no pre+udice is caused thereby to the adverse party#

(-a)

Se%!n +'Amendment to &onform to or authori:e presentation of e(iden&e# $ 2hen issues not

raised by the pleadings are tried ith the epress or implied consent of the parties they shall be

treated in all respects as if they had been raised in the pleadings# Such amendment of thepleadings as may be necessary to cause them to conform to the evidence and to raise these issuesmay be made upon motion of any party at any time, even after +udgment1 but failure to amend

does not effect the result of the trial of these issues# If evidence is ob+ected to at the trial on the

ground that it is not ithin the issues made by the pleadings, the court may allo the pleadingsto be amended and shall do so ith liberality if the presentation of the merits of the action and

the ends of substantial +ustice ill be subserved thereby# %he court may grant a continuance to

enable the amendment to be made# (5a)

Se%!n 'Supplemental pleadings# $ 7pon motion of a party the court may, upon reasonablenotice and upon such terms as are +ust, permit him to serve a supplemental pleading setting forth

transactions, occurrences or events hich have happened since the date of the pleading sought tobe supplemented# %he adverse party may plead thereto ithin ten (=) days from notice of theorder admitting the supplemental pleading# (/a)

Se%!n 7'9iling of amended pleadings# $ 2hen any pleading is amended, a ne copy of the

entire pleading, incorporating the amendments, hich shall be indicated by appropriate mar's,

shall be filed# (:a)


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Se%!n 'ffe&t of amended pleadings# $ An amended pleading supersedes the pleading that it

amends# 8oever, admissions in superseded pleadings may be received in evidence against the

pleader, and claims or defenses alleged therein not incorporated in the amended pleading shall bedeemed aived# (n)

RULE 11

8en &! F#e Re$!n$#"e Pea#n4$

Se%!n 1'Ans%er to the &omplaint# $ %he defendant shall file his anser to the complaintithin fifteen (5) days after service of summons, unless a different period is fied by the court#

(la)

Se%!n 'Ans%er of a defendant foreign pri(ate +uridi&al entity# $ 2here the defendant is a

foreign private +uridical entity and service of summons is made on the government officialdesignated by la to receive the same, the anser shall be filed ithin thirty (.=) days after

receipt of summons by such entity# (*a)

Se%!n 'Ans%er to amended &omplaint# $ 2hen the plaintiff files an amended complaint as a

matter of right, the defendant shall anser the same ithin fifteen (5) days after being servedith a copy thereof#

2here its filing is not a matter of right, the defendant shall anser the amended complaint ithin

ten (l=) days from notice of the order admitting the same# An anser earlier filed may serve as

the anser to the amended complaint if no ne anser is filed#

%his &ule shall apply to the anser to an amended counterclaim, amended cross6claim, amended

third (fourth, etc#)$party complaint, and amended complaint6in6intervention# (.a)

Se%!n *'Ans%er to &ounter&laim or &ross-&laim# $ A counterclaim or cross6claim must be

ansered ithin ten (=) days from service# (-)

Se%!n +'Ans%er to third 5fourth, et&.6-party &omplaint# $ %he time to anser a third (fourth,etc#)$party complaint shall be governed by the same rule as the anser to the complaint# (5a)

Se%!n 'Reply# $ A reply may be filed ithin ten (=) days from service of the pleading

responded to# (/)

Se%!n 7'Ans%er to supplemental &omplain# $ A supplemental complaint may be anseredithin ten (=) days from notice of the order admitting the same, unless a different period is

fied by the court# %he anser to the complaint shall serve as the anser to the supplemental

complaint if no ne or supplemental anser is filed# (n)


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Se%!n +'Stay of period to file responsi(e pleading# $ After service of the bill of particulars or

of a more definite pleading, or after notice of denial of his motion, the moving party may file his

responsive pleading ithin the period to hich he as entitled at the time of filing his motion,hich shall not be less than five (5) days in any event# (bBa)

Se%!n 'Bill a part of pleading# $ A bill of particulars becomes part of the pleading for hichit is intended# (aBa)

RULE 1

F##n4 an Ser"#%e !0 Pea#n4$, J/43en&$ an O&er Paer$

Se%!n 1'Co(erage# $ %his &ule shall govern the filing of all pleadings and other papers, as

ell as the service thereof, ecept those for hich a different mode of service is prescribed# (n)

Se%!n '9iling and ser(i&e,defined# $ ?iling is the act of presenting the pleading or other

paper to the cler' of court#

Service is the act of providing a party ith a copy of the pleading or paper concerned# If any

party has appeared by counsel, service upon him shall be made upon his counsel or one of them,

unless service upon the party himself is ordered by the court# 2here one counsel appears for

several parties, he shall only be entitled to one copy of any paper served upon him by theopposite side# (*a)

Se%!n 'Manner of filing# $ %he filing of pleadings, appearances, motions, notices, orders,

+udgments and all other papers shall be made by presenting the original copies thereof, plainlyindicated as such, personally to the cler' of court or by sending them by registered mail# In the

first case, the cler' 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 any other papers or payments or

deposits, as shon by the post office stamp on the envelope or the registry receipt, shall beconsidered as the date of their filing, payment, or deposit in court# %he envelope shall be attached

to the record of the case# (a)

Se%!n *'Papers re;uired to 'e filed and ser(ed# $ 0very +udgment, resolution, order, pleading

subse9uent to the complaint, ritten motion, notice, appearance, demand, offer of +udgment orsimilar papers shall be filed ith the court, and served upon the parties affected# (*a)

Se%!n +'Modes of ser(i&e# $ Service of pleadings motions, notices, orders, +udgments and

other papers shall be made either personally or by mail# (.a)

Se%!n 'Personal ser(i&e# $ Service of the papers may be made by delivering personally acopy to the party or his counsel, or by leaving it in his office ith his cler' or ith a person

having charge thereof# If no person is found in his office, or his office is not 'non, or he has no

office, then by leaving the copy, beteen the hours of eight in the morning and si in the


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Se%!n +'$ssuan&e of alias summons# $ If a summons is returned ithout being served on any

or all of the defendants, the server shall also serve a copy of the return on the plaintiffs counsel,

stating the reasons for the failure of service, ithin five (5) days therefrom# In such a case, or ifthe summons has been lost, the cler', on demand of the plaintiff, may issue an alias summons#

(-a)

Se%!n 'Ser(i&e in person on defendant# $ 2henever practicable, the summons shall be

served by handling a copy thereof to the defendant in person, or, if he refuses to receive and signfor it, by tendering it to him# (:a)

Se%!n 7'Su'stituted ser(i&e# $ If, for +ustifiable causes, the defendant cannot be served ithin

a reasonable time as provided in the preceding section, service may be effected (a) by leavingcopies of the summons at the defendants residence ith some person of suitable age and

discretion then residing therein, or (b) by leaving the copies at defendants office or regular place

of business ith some competent person in charge thereof# (;a)

Se%!n 'Ser(i&e upon entity %ithout +uridi&al personality# $ 2hen persons associated in anentity ithout +uridical personality are sued under the name by hich they are generally or

commonly 'non, service may be effected upon all the defendants by serving upon any one of

them, or upon the person in charge of the office or place of business maintained in such name#

!ut such service shall not bind individually any person hose connection ith the entity has,upon due notice, been severed before the action as brought# (


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municipality, or li'e public corporations, service may be effected on its eecutive head, or on

such other officer or officers as the la or the court may direct# (5)

Se%!n 1*'Ser(i&e upon defendant %hose identity or %herea'outs are un/no%n# $ In anyaction here the defendant is designated as an un'non oner, or the li'e, or henever his

hereabouts are un'non and cannot be ascertained by diligent in9uiry, service may, by leave ofcourt, be effected upon him by publication in a nespaper of general circulation and in such

places and for such time as the court may order# (/a)

Se%!n 1+'2traterritorial ser(i&e# $ 2hen the defendant does not reside and is not found in

the Philippines, and the action affects the personal status of the plaintiff or relates to, or the

sub+ect of hich is, property ithin the Philippines, in hich the defendant has or claims a lienor interest, actual or contingent, or in hich the relief demanded consists, holly or in part, in

ecluding the defendant from any interest therein, or the property of the defendant has been

attached ithin the Philippines, service may, by leave of court, be effected out of the Philippines

by personal service as under section /1 or by publication in a nespaper of general circulation in

such places and for such time as the court may order, in hich case a copy of the summons andorder of the court shall be sent by registered mail to the last 'non address of the defendant, or

in any other manner the court may deem sufficient# Any order granting such leave shall specify areasonable time, hich shall not be less than sity (/=) days after notice, ithin hich the

defendant must anser# (:a)

Se%!n 1'Residents temporarily out of the Philippines# $ 2hen any action is commenced

against a defendant ho ordinarily resides ithin the Philippines, but ho is temporarily out ofit, service may, by leave of court, be also effected out of the Philippines, as under the preceding

section# (;a)

Se%!n 17'


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from lac' of +urisdiction over the person of the defendant shall not be deemed a voluntary

appearance# (*.a)

RULE 1+

M!!n$

Se%!n 1'Motion defined# $ A motion is an application for relief other than by a pleading# (a)

Se%!n 'Motions must 'e in %ritings# $ All motions shall be in riting ecept those made in

open court or in the course of a hearing or trial# (*a)

Se%!n 'Contents# $ A motion shall state the relief sought to be obtained and the groundsupon hich it is based, and if re9uired by these &ules or necessary to prove facts alleged therein,

shall be accompanied by supporting affidavits and other papers# (.a)

Se%!n *'earing of motion# $ 0cept for motions hich the court may act upon ithout

pre+udicing the rights of the adverse party, every ritten motion shall be set for hearing by theapplicant#

0very ritten motion re9uired to be heard and the notice of the hearing thereof shall be served in

such a manner as to ensure its receipt by the other party at least three (.) days before the date of

hearing, unless the court for good cause sets the hearing on shorter notice# (-a)

Se%!n +'Noti&e of hearing# $ %he notice of hearing shall be addressed to all parties

concerned, and shall specify the time and date of the hearing hich must not be later than ten(=) days after the filing of the motion# (5a)

Se%!n 'Proof of ser(i&e ne&essary# $ >o ritten motion set for hearing shall be acted uponby the court ithout proof of service thereof# (/a)

Se%!n 7'Motion day# $ 0cept for motions re9uiring immediate action, all motions shall be

scheduled for hearing on ?riday afternoons, or if ?riday is a non6or'ing day, in the afternoon of

the net or'ing day# (:a)

Se%!n ')mni'us motion# $ Sub+ect to the provisions of section of &ule


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motion, but not less than five (5) days in any event, computed from his receipt of the notice of

the denial# If the pleading is ordered to be amended, he shall file his anser ithin the period

prescribed by &ule counted from service of the amended pleading, unless the court provides alonger period# (-a)

Se%!n +'ffe&t of dismissal# $ Sub+ect to the right of appeal, an order granting a motion todismiss based on paragraphs (f), (h) and (i) of section hereof shall bar the refiling of the same

action or claim# (n)

Se%!n 'Pleading grounds as affirmati(e defenses# $ If no motion to dismiss has been filed,

any of the grounds for dismissal provided for in this &ule may be pleaded as an affirmative

defense in the anser and, in the discretion of the court, a preliminary hearing may be hadthereon as if a motion to dismiss had been filed# (5a)

%he dismissal of the complaint under this section shall be ithout pre+udice to the prosecution in

the same or separate action of a counterclaim pleaded in the anser# (n)

RULE 17

D#$3#$$a !0 A%!n$

Se%!n 1'1ismissal upon noti&e 'y plaintiff.$ A complaint may be dismissed by the plaintiffby filing a notice of dismissal at any time before service of the anser or of a motion for

summary +udgment# 7pon such notice being filed, the court shall issue an order confirming the

dismissal# 7nless otherise stated in the notice, the dismissal is ithout pre+udice, ecept that a

notice operates as an ad+udication upon the merits hen filed by a plaintiff ho has oncedismissed in a competent court an action based on or including the same claim# (a)

Se%!n '1ismissal upon motion of plaintiff.$ 0cept as provided in the preceding section, a

complaint shall not be dismissed at the plaintiffs instance save upon approval of the court andupon such terms and conditions as the court deems proper# If a counterclaim has been pleaded by

a defendant prior to the service upon him of the plaintiffs motion for dismissal, the dismissal

shall be limited to the complaint# %he dismissal shall be ithout pre+udice to the right of thedefendant to prosecute his counterclaim in a separate action unless ithin fifteen (5) days from

notice of the motion he manifests his preference to have his counterclaim resolved in the same

action# 7nless otherise specified in the order, a dismissal under this paragraph shall be ithout

pre+udice# A class suit shall not be dismissed or compromised ithout the approval of the court#(*a)

Se%!n '1ismissal due to fault of plaintiff.$ If, for no +ustifiable cause, the plaintiff fails to

appear on the date of the presentation of his evidence in chief on the complaint, or to prosecutehis action for an unreasonable length of time, or to comply ith these &ules or any order of the

court, the complaint may be dismissed upon motion of the defendant or upon the courts on

motion, ithout pre+udice to the right of the defendant to prosecute his counterclaim in the same


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or in a separate action# %his dismissal shall have the effect of an ad+udication upon the merits,

unless otherise declared by the court# (.a)

Se%!n *'1ismissal of &ounter&laim,&ross-&laim,or third-party &omplaint# $ %he provisionsof this &ule shall apply to the dismissal of any counterclaim, cross6claim, or third6party

complaint# A voluntary dismissal by the claimant by notice as in section of this &ule, shall bemade before a responsive pleading or a motion for summary +udgment is served or, if there is

none, before the introduction of evidence at the trial or hearing# (-a)

RULE 1

Pre-Tr#a

Se%!n 1'hen &ondu&ted# $ After the last pleading has been served and filed, if shall be the

duty of the plaintiff to promptly move e2 partethat the case be set for pre6trial (5a, &*=)

Se%!n 'Nature and purpose# $ %he pre6trial is mandatory# %he court shall consider"

(a) %he possibility of an amicable settlement or of a submission to alternative modes of

dispute resolution1

(b) %he simplification of the issues1

(c) %he necessity or desirability of amendments to the pleadings1

(d) %he possibility of obtaining stipulations or admissions of facts and of documents toavoid unnecessary proof1

(e) %he limitation of the number of itnesses1

(f) %he advisability of a preliminary reference of issues to a commissioner1

(g) %he propriety of rendering +udgment on the pleadings, or summary +udgment, or of

dismissing the action should a valid ground therefor be found to eist1

(h) %he advisability or necessity of suspending the proceedings1 and

(i) Such other matters as may aid in the prompt disposition of the action# (a, &*=)

Se%!n 'Noti&e of pre-trial# $ %he notice of pre6trial shall be served on counsel, or on the

party ho has no counsel# %he counsel served ith such notice is charged ith the duty of

notifying the party represented by him# (n)


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Se%!n *'Appearan&e of parties# $ It shall be the duty of the parties and their counsel to appear

at the pre6trial# %he non6appearance of a party may be ecused only if a valid cause is shon

therefor or if a representative shall appear in his behalf fully authoried in riting to enter into anamicable settlement, to submit to alternative modes of dispute resolution, and to enter into

stipulations or admissions of facts and of documents# (n)

Se%!n +'ffe&t of failure to appear# $ %he failure of the plaintiff to appear hen so re9uired

pursuant to the net preceding section shall be cause for dismissal of the action# %he dismissalshall be ith pre+udice, unless other6ise ordered by the court# A similar failure on the part of

the defendant shall be cause to allo the plaintiff to present his evidence e2 parteand the court

to render +udgment on the basis thereof# (*a, &*=)

Se%!n 'Pre-trial 'rief.$ %he parties shall file ith the court and serve on the adverse party,

in such manner as shall ensure their receipt thereof at least three (.) days before the date of the

pre6trial, their respective pre6trial briefs hich shall contain, among others"

(a) A statement of their illingness to enter into amicable settlement or alternative modesof dispute resolution, indicating the desired terms thereof1

(b) A summary of admitted facts and proposed stipulation of facts1

(c) %he issues to be tried or resolved1

(d) %he documents or ehibits to be presented stating the purpose thereof1

(e) A manifestation of their having availed or their intention to avail themselves of

discovery procedures or referral to commissioners1 and

(f) %he number and names of the itnesses, and the substance of their respective

testimonies#

?ailure to file the pre6trial brief shall have the same effect as failure to appear at the pre6trial# (n)

Se%!n 7'Re&ord of pre-trial# $ %he proceedings in the pre6trial shall be recorded# 7pon the

termination thereof, the court shall issue an order hich shall recite in detail the matters ta'en upin the conference, the action ta'en thereon, the amendments alloed to the pleadings, and the

agreements or admissions made by the parties as to any of the matters considered# Should the

action proceed to trial, the order shall, eplicitly define and limit the issues to be tried# %he

contents of the order shall control the subse9uent course of the action, unless modified beforetrial to prevent manifest in+ustice# (5a, &*=)

RULE 19

In&er"en!n


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Se%!n 1'ho may inter(ene# $ A person ho 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

adversely affected by a distribution or other disposition of property in the custody of the court orof an officer thereof may, ith leave of court, be alloed to intervene in the action# %he court

shall consider hether or not the intervention ill unduly delay or pre+udice the ad+udication of

the rights of the original parties, and hether or not the intervenors rights may be fully protectedin a separate proceeding# (*aB, bBa, &*)

Se%!n '#ime to inter(ene# $ %he motion to intervene may be filed at any time before

rendition of +udgment by the trial court# A copy of the pleading6in6intervention shall be attached

to the motion and served on the original parties# (n)

Se%!n 'Pleadings-in-inter(ention# $ %he intervenor shall file a complaint6in6intervention if

he asserts a claim against either or all of the original parties, or an anser6in6intervention if he

unites ith the defending party in resisting a claim against the latter# (*cBa, &*)

Se%!n *'Ans%er to &omplaint-in-inter(ention# $ %he anser to the complaint6in6interventionshall be filed ithin fifteen (5) days from notice of the order admitting the same, unless a

different period is fied by the court# (*dBa, &*)

RULE 2

Caenar !0 Ca$e$

Se%!n 1'Calendar of &ases# $ %he cler' of court, under the direct supervision of the +udge,

shall 'eep a calendar of cases for pre6trial, for trial, those hose trials ere ad+ourned orpostponed, and those ith motions to set for hearing# Preference shall be given to ha'eas &orpus

cases, election cases, special civil actions, and those so re9uired by la# (a, &**)

Se%!n 'Assignment of &ases# $ %he assignment of cases to the different branches of a courtshall be done eclusively by raffle# %he assignment shall be done in open session of hich

ade9uate notice shall be given so as to afford interested parties the opportunity to be present# (:a,

&**)

RULE 1

S/;!ena

Se%!n 1'Su'poena and su'poena du&es te&um# $ Subpoena is a process directed to a person

re9uiring him to attend and to testify at the hearing or the trial of an action, or at anyinvestigation conducted by competent authority, or for the ta'ing of his deposition# It may also


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re9uire him to bring ith him any boo's, documents, or other things under his control, in hich

case it is called a subpoena du&es te&um# (a, &*.)

Se%!n 'By %hom issued# $ %he subpoena may be issued by $

(a) the court before hom the itness is re9uired to attend1

(b) the court of the place here the deposition is to be ta'en1

(c) the officer or body authoried by la to do so in connection ith investigations

conducted by said officer or body1 or

(d) any Eustice of the Supreme Court or of the Court of Appeals in any case or

investigation pending ithin the Philippines#

2hen application for a subpoena to a prisoner is made, the +udge or officer shall eamine and

study carefully such application to determine hether the same is made for a valid purpose#

>o prisoner sentenced to death, re&lusion perpetuaor life imprisonment and ho is confined in

any penal institution shall be brought outside the said penal institution for appearance orattendance in any court unless authoried by the Supreme Court (*a, &*.)

Se%!n '9orm and &ontents# $ A subpoena shall state the name of the court and the title of the

action or investigation, shall be directed to the person hose attendance is re9uired, and in the

case of a subpoena du&es te&um, it shall also contain a reasonable description of the boo's,documents or things demanded hich must appear to the courtprima fa&ierelevant# (.a, &*.)

Se%!n *'=uashing a su'poena# $ %he court may 9uash a subpoena du&es te&umupon motionpromptly made and, in any event, at or before the time specified therein if it is unreasonable and

oppressive, or the relevancy of the boo's, documents or things does not appear, or if the personin hose behalf the subpoena is issued fails to advance the reasonable cost of the production

thereof#

%he court may 9uash a subpoena ad testifi&andumon the ground that the itness is not bound

thereby# In either case, the subpoena may be 9uashed on the ground that the itness fees and'ilometrage alloed by these &ules ere not tendered hen the subpoena as served# (-a, &*.)

Se%!n +'Su'poena for depositions# $ Proof of service of a notice to ta'e a deposition, as

provided in sections 5 and *5 of &ule *., shall constitute sufficient authoriation for theissuance of subpoenas for the persons named in said notice by the cler' of the court of the placein hich the deposition is to be ta'en# %he cler' shall not, hoever, issue a subpoena du&es

te&umto any such person ithout an order of the court# (5a, &*.)

Se%!n 'Ser(i&e# $ Service of a subpoena shall be made in the same manner as personal orsubstituted service of summons# %he original shall be ehibited and a copy thereof delivered to

the person on hom it is served, tendering to him the fees for one days attendance and the


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'ilometrage alloed by these &ules, ecept that, hen a subpoena is issued by or on behalf of

the &epublic of the Philippines or an officer or agency thereof, the tender need not be made# %he

service must be made so as to allo the itness a reasonable time for preparation and travel tothe place of attendance# If the subpoena is du&es te&um,the reasonable cost of producing the

boo's, documents or things demanded shall also be tendered# (/a, &*.)

Se%!n 7'Personal appearan&e in &ourt# $ A person present in court before a +udicial officer

may be re9uired to testify as if he ere in attendance upon a subpoena is sued by such court orofficer# (=, &*.)

Se%!n 'Compelling attendan&e# $ In case of failure of a itness to attend, the court or +udge

issuing the subpoena, upon proof of the service thereof and of the failure of the itness, mayissue a arrant to the sheriff of the province, or his deputy, to arrest the itness and bring him

before the court or officer here his attendance is re9uired, and the cost of such arrant and

seiure of such itness shall be paid by the itness if the court issuing it shall determine that his

failure to anser the subpoena as illful and ithout +ust ecuse# (, &*.)

Se%!n 9'Contempt# $ ?ailure by any person ithout ade9uate cause to obey a subpoena

served upon him shall be deemed a contempt of the court from hich the subpoena is issued# If

the subpoena as not issued by a court, the disobedience thereto shall be punished in accordance

ith the applicable la or &ule# (*a &*.)

Se%!n 12'2&eptions# $ %he provisions of sections ; and < of this &ule shall not apply to a

itness ho resides more than one hundred (==) 'ilometers from his residence to the place

here he is to testify by the ordinary course of travel, or to a detention prisoner if no permissionof the court in hich his case is pending as obtained# (


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RULE

De!$#!n$ Pen#n4 A%!n

Se%!n 1'1epositions pending a&tion,%hen may 'e ta/en# $ !y leave of court after+urisdiction has been obtained over any defendant or over property hich is the sub+ect of the

action, or ithout such leave after an anser has been served, the testimony of any person,

hether a party or not, may be ta'en, at the instance of any party, by deposition upon oral

eamination or ritten interrogatories# %he attendance of itnesses may be compelled by the useof a subpoena as provided in &ule *# Depositions shall be ta'en only in accordance ith these

&ules# %he deposition of a person confined in prison may be ta'en only by leave of court on such

terms as the court prescribes# (a, &*-)

Se%!n 'S&ope of e2amination# $ 7nless otherise ordered by the court as provided by

section / or ; of this &ule, the deponent may be eamined regarding any matter, notprivileged, hich is relevant to the sub+ect of the pending action, hether relating to the claim or

defense of any other party, including the eistence, description, nature, custody, condition, andlocation of any boo's, documents, or other tangible things and the identity and location of

persons having 'noledge of relevant facts# (*, &*-)

Se%!n '2amination and &ross-e2amination# $ 0amination and cross6eamination of

deponents may proceed as permitted at the trial under sections . to ; of &ule .*# (.a, &*-)

Se%!n *'se of depositions# $ At the trial or upon the hearing of a motion or an interlocutory

proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may

be used against any party ho as present or represented at the ta'ing of the deposition or hohad due notice thereof, in accordance ith any one of the folloing provisions1

(a) Any deposition may be used by any party for the purpose of contradicting or

impeaching the testimony of deponent as a itness1

(b) %he deposition of a party or of any one ho at the time of ta'ing the deposition as

an officer, director, or managing agent of a public or private corporation, partnership, orassociation hich is a party may be used by an adverse party for any purpose1

(c) %he deposition of a itness, hether or not a party, may be used by any party for any

purpose if the court finds" () that the itness is dead, or (*) that the itness resides at adistance more than one hundred (==) 'ilometers from the place of trial or hearing, or isout of the Philippines, unless it appears that his absence as procured by the party

offering the deposition, or (.) that the itness is unable to attend or testify because of

age, sic'ness, infirmity, or imprisonment, or (-) that the party offering the deposition hasbeen unable to procure the attendance of the itness by subpoena1 or (5) upon application

and notice, that such eceptional circumstances eist as to ma'e it desirable, in the


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interest of +ustice and ith due regard to the importance of presenting the testimony of

itnesses orally in open court, to allo the deposition to be used1 and

(d) If only part of a deposition is offered in evidence by a party, the adverse party mayre9uire him to introduce all of it hich is relevant to the part introduced, and any party

may introduce any other parts# (-a, &*-)

Se%!n +'ffe&t of su'stitution of parties# $ Substitution of parties does not affect the right to

use depositions previously ta'en1 and, hen an action has been dismissed and another actioninvolving the same sub+ect is afterard brought beteen the same parties or their representatives

or successors in interest, all depositions lafully ta'en and duly filed in the former action may be

used in the latter as if originally ta'en therefor# (5, &*-)

Se%!n ')'+e&tions to admissi'ility# $ Sub+ect to the provisions of section *< of this &ule,ob+ection may be made at the trial or hearing, to receiving in evidence any deposition or part

thereof for any reason hich ould re9uire the eclusion of the evidence if the itness ere then

present and testifying (/, &*-)

Se%!n 7'ffe&t of ta/ing depositions# $ A party shall not be deemed to ma'e a person his onitness for any purpose by ta'ing his deposition# (:, &*-)

Se%!n 'ffe&t of using depositions# $ %he introduction in evidence of the deposition or any

part thereof for any purpose other than that of contradicting or impeaching the deponent ma'es

the deponent the itness of the party introducing the deposition, but this shall not apply to theuse by an adverse party of a deposition as described in paragraph (b) of section - of this &ule# (;,

&*-)

Se%!n 9'Re'utting deposition# $ At the trial or hearing any party may rebut any relevantevidence contained in a deposition hether introduced by him or by any other party# (


32/128

Se%!n 1'1is;ualifi&ation 'y interest# $ >o deposition shall be ta'en before a person ho is a

relative ithin the sith degree of consanguinity or affinity, or employee or counsel of any of the

parties, or ho is a relative ithin the same degree, or employee of such counsel1 or ho isfinancially interested in the action# (.a, &*-)

Se%!n 1*'Stipulations regarding ta/ing of depositions# $ If the parties so stipulate in riting,depositions may be ta'en before any person authoried to administer oaths, at any time or place,

in accordance ith these &ules and hen so ta'en may be used li'e other depositions# (-a, &*-)

Se%!n 1+'1eposition upon oral e2amination1 noti&e1 time and pla&e# $ A party desiring to

ta'e the deposition of any person upon oral eamination shall give reasonable notice in riting,

to every other party to the action# %he notice shall state the time and place for ta'ing thedeposition and the name and address of each person to be eamined, if 'non, and if the name is

not 'non, a general description sufficient to identify him or the particular class or group to

hich he belongs# 4n motion of any party upon hom the notice is served, the court may for

cause shon enlarge or shorten the time# (5, &*-)

Se%!n 1')rders for the prote&tion of parties and deponents# $ After notice is served for

ta'ing a deposition by oral eamination, upon motion seasonably made by any party or by the

person to be eamined and for good cause shon, the court in hich the action is pending may

ma'e an order that the deposition shall not be ta'en, or that it may be ta'en only at somedesignated place other than that stated in the notice, or that it may be ta'en only on ritten

interrogatories, or that certain matters shall not be in9uired into, or that the scope of the

eamination shall be held ith no one present ecept the parties to the action and their officers orcounsel, or that after being sealed the deposition shall be opened only by order of the court, or

that secret processes, developments, or research need not be disclosed, or that the parties shall

simultaneously file specified documents or information enclosed in sealed envelopes to be

opened as directed by the court or the court may ma'e any other order hich +ustice re9uires toprotect the party or itness from annoyance, embarrassment, or oppression# (/a, &*-)

Se%!n 17'Re&ord of e2amination,oath1o'+e&tions# $ %he officer before hom the deposition

is to be ta'en shall put the itness on oath and shall personally, or by some one acting under hisdirection and in his presence, record the testimony of the itness# %he testimony shall be ta'en

stenographically unless the parties agree otherise# All ob+ections made at the time of the

eamination to the 9ualifications of the officer ta'ing the deposition, or to the manner of tal'ingit, or to the evidence presented, or to the conduct of any party, and any other ob+ection to the

proceedings, shall be noted by the officer upon the deposition# 0vidence ob+ected to shall be

ta'en sub+ect to the ob+ections# In lieu of participating in the oral eamination, parties served

ith notice of ta'ing a deposition may transmit ritten interrogatories to the officers, ho shallpropound them to the itness and record the ansers (er'atim# (:, &*-)

Se%!n 1'Motion to terminate or limit e2amination# $ At any time during the ta'ing of the

deposition, on motion or petition of any party or of the deponent, and upon a shoing that theeamination is being conducted in bad faith or in such manner as unreasonably to annoy,

embarrass, or oppress the deponent or party, the court in hich the action is pending or the

&egional %rial Court of the place here the deposition is being ta'en may order the officer


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34/128

Se%!n +'1eposition upon %ritten interrogatories1ser(i&e of noti&e and of interrogatories# $

A party desiring to ta'e the deposition of any person upon ritten interrogatories shall serve

them upon every other party ith a notice stating the name and address of the person ho is toanser them and the name or descriptive title and address of the officer before hom the

deposition is to be ta'en# 2ithin ten (=) days thereafter, a party so served may serve cross6

interrogatories upon the party proposing to ta'e the deposition# 2ithin five (5) days thereafter,the latter may serve re6direct interrogatories upon a party ho has served cross6interrogatories#

2ithin three (.) days after being served ith re6direct interrogatories, a party may serve recross6

interrogatories upon the party proposing to ta'e the deposition# (*5, &*-)

Se%!n ')ffi&ers to ta/e responses and prepare re&ord# $ A copy of the notice and copies ofall interrogatories served shall be delivered by the party ta'ing the deposition to the officer

designated in the notice, ho shall proceed promptly, in the manner provided by sections :, o record on appeal shall be re9uiredecept in special proceedings and other cases of multiple or separate appeals here la

on these &ules so re9uire# In such cases, the record on appeal shall be filed and served in

li'e manner#

(b)Petition for re(ie%# $ %he appeal to the Court of Appeals in cases decided by the&egional %rial Court in the eercise of its appellate +urisdiction shall be by petition for

revie in accordance ith &ule -*#

(c)Appeal 'y &ertiorari# $ In all cases here only 9uestions of la are raised or

involved, the appeal shall be to the Supreme Court by petition for revie on &ertiorariin

accordance ith the &ule -5# (n)

Se%!n 'Period of ordinary appeal# $ %he appeal shall be ta'en ithin fifteen (5) days from

notice of the +udgment or final order appealed from# 2here a record on appeal is re9uired, the

appellant shall file a notice of appeal and a record on appeal ithin thirty (.=) days from noticeof the +udgment or final order#

%he period of appeal shall be interrupted by a timely motion for ne trial or reconsideration# >o

motion for etension of time to file a motion for ne trial or reconsideration shall be alloed# (n)

Se%!n *'Appellate &ourt do&/et and other la%ful fees# $ 2ithin the period for ta'ing an

appeal, the appellant shall pay to the cler' of the court hich rendered the +udgment or finalorder appealed from, the full amount of the appellate court doc'et and other laful fees# Proof of

payment of said fees shall be transmitted to the appellate court together ith the original recordor the record on appeal# (n)

Se%!n +'Noti&e of appeal# $ %he notice of appeal shall indicate the parties to the appeal,

specify the +udgment or final order or part thereof appealed from, specify the court to hich the

appeal is being ta'en, and state the material dates shoing the timeliness of the appeal# (-a)


68/128

Se%!n 'Re&ord on appeal1form and &ontents thereof.$ %he full names of all the parties to

the proceedings shall be stated in the caption of the record on appeal and it shall include the

+udgment or final order from hich the appeal is ta'en and, in chronological order, copies ofonly such pleadings, petitions, motions and all interlocutory orders as are related to the appealed

+udgment or final order for the proper understanding of the issue involved, together ith such

data as ill sho that the appeal as perfected on time# If an issue of fact is to be raised onappeal, the record on appeal shall include by reference all the evidence, testimonial and

documentary, ta'en upon the issue involved# %he reference shall specify the documentary

evidence by the ehibit numbers or letters by hich it as identified hen admitted or offered atthe hearing, and the testimonial evidence by the names of the corresponding itnesses# If the

hole testimonial and documentary evidence in the case is to be included, a statement to that

effect ill be sufficient ithout mentioning the names of the itnesses or the numbers or letters

of ehibits# 0very record on appeal eceeding tenty (*=) pages must contain a sub+ect inde#(/a)

Se%!n 7'Appro(al of re&ord on appeal# $ 7pon the filing of the record on appeal for approval

and if no ob+ection is filed by the appellee ithin five (5) days from receipt of a copy thereof, thetrial court may approve it as presented or upon its on motion or at the instance of the appellee,

may direct its amendment by the inclusion of any omitted matters hich are deemed essential to

the determination of the issue of la or fact involved in the appeal# If the trial court orders the

amendment of the record, the appellant, ithin the time limited in the order, or such etensionthereof as may be granted, or if no time is fied by the order ithin ten (=) days from receipt

thereof, shall redraft the record by including therein, in their proper chronological se9uence, such

additional matters as the court may have directed him to incorporate, and shall thereupon submitthe redrafted record for approval, upon notice to the appellee, in li'e manner as the original draft#

(:a)

Se%!n '*oint re&ord on appeal# $ 2here both parties are appellants, they may file a +ointrecord on appeal ithin the time fied by section . of this &ule, or that fied by the court# (;a)

Se%!n 9'Perfe&tion of appeal1 effe&t thereof.$ A partys appeal by notice of appeal is deemed

perfected as to him upon the filing of the notice of appeal in due time#

A partys appeal by record on appeal is deemed perfected as to him ith respect to the sub+ect

matter thereof upon the approval of the record on appeal filed in due time#

In appeals by notice of appeal, the court loses +urisdiction over the case upon the perfection ofthe appeals filed in due time and the epiration of the time to appeal of the other parties#

In appeals by record on appeal, the court loses +urisdiction only over the sub+ect matter thereof

upon the approval of the records on appeal filed in due time and the epiration of the appeal of

the other parties#

In either case, prior to the transmittal of the original record or the record on appeal, the court may

issue orders for the protection and preservation of the rights of the parties hich do not involve

any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants,


69/128


70/128

RULE *

Pe!n 0!r Re"#e= Fr!3 &e Re4#!na Tr#a C!/r&$ &! &e C!/r& !0 Aea$

Se%!n 1'o% appeal ta/en1 time for filing# $ A party desiring to appeal from a decision of the&egional %rial Court rendered in the eercise of its appellate +urisdiction may file a verified

petition for revie ith the Court of Appeals, paying at the same time to the cler' of said court

the corresponding doc'et and other laful fees, depositing the amount of P5==#== for costs, and

furnishing the &egional %rial Court and the adverse party ith a copy of the petition# %hepetition shall be filed and served ithin fifteen (5) days from notice of the decision sought to be

revieed or of the denial of petitioners motion for ne trial or reconsideration filed in due time

after +udgment# 7pon proper motion and the payment of the full amount of the doc'et and otherlaful fees and the deposit for costs before the epiration of the reglementary period, the Court

of Appeals may grant an additional period of fifteen (5) days only ithin hich to file the

petition for revie# >o further etension shall be granted ecept for the most compelling reasonand in no case to eceed fifteen (5) days# (n)

Se%!n '9orm and &ontents# $ %he petition shall be filed in seven (:) legible copies, ith the

original copy intended for the court being indicated as such by the petitioner, and shall (a) state

the full names of the parties to the case, ithout impleading the loer courts or +udges thereofeither as petitioners or respondents1 (b) indicate the specific material dates shoing that it as

filed on time1 (c) set forth concisely a statement of the matters involved, the issues raised, the

specification of errors of fact or la, or both, allegedly committed by the &egional %rial Court,and the reasons or arguments relied upon for the alloance of the appeal1 (d) be accompanied by

clearly legible duplicate originals or true copies of the +udgments or final orders of both loer

courts, certified correct by the cler' of court of the &egional %rial Court, the re9uisite number ofplain copies thereof and of the pleadings and other material portions of the record as ouldsupport the allegations of the petition#

%he petitioner shall also submit together ith the petition a certification under oath that he has

not theretofore commenced any other action involving the same issues in the Supreme Court, the

Court of Appeals or different divisions thereof, or any other tribunal or agency1 if there is suchother action or proceeding, he must state the status of the same1 and if he should thereafter learn

that a similar action or proceeding has been filed or is pending before the Supreme Court, the

Court of Appeals, or different divisions thereof, or any other tribunal or agency, he underta'es topromptly inform the aforesaid courts and other tribunal or agency thereof ithin five (5) days

therefrom# (n)

Se%!n 'ffe&t of failure to &omply %ith re;uirements# $ %he failure of the petitioner to

comply ith any of the foregoing re9uirements regarding the payment of the doc'et and otherlaful fees, the deposit for costs, proof of service of the petition, and the contents of and the

documents hich should accompany the petition shall be sufficient ground for the dismissal

thereof# (n)


71/128


72/128

RULE *

Aea$ Fr!3 &e C!/r& !0 Ta< Aea$ an >/a$#-J/#%#a A4en%#e$ &! &e C!/r& !0

Aea$

Se%!n 1'S&ope# $ %his &ule shall apply to appeals from +udgments or final orders of the Courtof %a Appeals and from aards, +udgments, final orders or resolutions of or authoried by any

9uasi6+udicial agency in the eercise of its 9uasi6+udicial functions# Among these agencies are the

Civil Service Commission, Central !oard of Assessment Appeals, Securities and 0changeCommission, 4ffice of the President, Fand &egistration Authority, Social Security Commission,

Civil Aeronautics !oard, !ureau of Patents, %rademar's and %echnology %ransfer, >ational

0lectrification Administration, 0nergy &egulatory !oard, >ational %elecommunicationsCommission, Department of Agrarian &eform under &epublic Act >o# //5:, @overnment

Service Insurance System, 0mployees Compensation Commission, Agricultural Invention

!oard, Insurance Commission, Philippine Atomic 0nergy Commission, !oard of Investments,

Construction Industry Arbitration Commission, and voluntary arbitrators authoried by la# (n)

Se%!n 'Cases not &o(ered# $ %his &ule shall not apply to +udgments or final orders issued

under the Fabor Code of the Philippines# (n)

Se%!n 'here to appeal# $ An appeal under this &ule may be ta'en to the Court of Appeals

ithin the period and in the manner herein provided, hether the appeal involves 9uestions offact, of la, or mied 9uestions of fact and la# (n)

Se%!n *'Period of appeal# $ %he appeal shall be ta'en ithin fifteen (5) days from notice of

the aard, +udgment, final order or resolution, or from the date of its last publication, if

publication is re9uired by la for its effectivity, or of the denial of petitioners motion for ne

trial or reconsideration duly filed in accordance ith the governing la of the court or agency a;uo# 4nly one () motion for reconsideration shall be alloed# 7pon proper motion and the

payment of the full amount of the doc'et fee before the epiration of the reglementary period,the Court of Appeals may grant an additional period of fifteen (5) days only ithin hich to file

the petition for revie# >o further etension shall be granted ecept for the most compelling

reason and in no case to eceed fifteen (5) days# (n)

Se%!n +'o% appeal ta/en# $ Appeal shall be ta'en by filing a verified petition for revie inseven (:) legible copies ith the Court of Appeals, ith proof of service of a copy thereof on the

adverse party and on the court or agency a ;uo# %he original copy of the petition intended for the

Court of Appeals shall be indicated as such by the petitioner#

7pon the filing of the petition, the petitioner shall pay to the cler' of court of the Court ofAppeals the doc'eting and other laful fees and deposit the sum of P5==#== for costs#

0emption from payment of doc'eting and other laful fees and the deposit for costs may be

granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor# Ifthe Court of Appeals denies the motion, the petitioner shall pay the doc'eting and other laful

fees and deposit for costs ithin fifteen (5) days from notice of the denial# (n)


73/128

Se%!n 'Contents of the petition# $ %he petition for revie shall (a) state the full names of the

parties to the case, ithout impleading the court or agencies either as petitioners or respondents1

(b) contain a concise statement of the facts and issues involved and the grounds relied upon forthe revie1 (c) be accompanied by a clearly legible duplicate original or a certified true copy of

the aard, +udgment, final order or resolution appealed from, together ith certified true copies

of such material portions of the record referred to therein and other supporting papers1 and (d)contain a sorn certification against forum shopping as provided in the last paragraph of section

*, &ule -*# %he petition shall state the specific material dates shoing that it as filed ithin the

period fied herein# (*a)

Se%!n 7'ffe&t of failure to &omply %ith re;uirements# $ %he failure of the petitioner tocomply ith any of the foregoing re9uirements regarding the payment of the doc'et and other

laful fees, the deposit for costs, proof of service of the petition, and the contents of and the

documents hich should accompany the petition shall be sufficient ground for the dismissalthereof# (n)

Se%!n 'A&tion on the petition# $ %he Court of Appeals may re9uire the respondent to file acomment on the petition not a motion to dismiss, ithin ten (=) days from notice, or dismiss the

petition if it finds the same to be patently ithout merit, prosecuted manifestly for delay, or thatthe 9uestions raised therein are too unsubstantial to re9uire consideration# (/a)

Se%!n 9'Contents of &omment# $ %he comment shall be filed ithin ten (=) days from notice

in seven (:) legible copies and accompanied by clearly legible certified true copies of such

material portions of the record referred to therein together ith other supporting papers# %hecomment shall (a) point out insufficiencies or inaccuracies in petitioners statement of facts and

issues1 and (b) state the reasons hy the petition should be denied or dismissed# A copy thereof

shall be served on the petitioner, and proof of such service shall be filed ith the Court of

Appeals# (


74/128

Se%!n 1'ffe&t of appeal# $ %he appeal shall not stay the aard, +udgment, final order or

resolution sought to be revieed unless the Court of Appeals shall direct otherise upon such

terms as it may deem +ust# (=a)

Se%!n 1'Su'mission for de&ision# $ If the petition is given due course, the Court of Appeals

may set the case for oral argument or re9uire the parties to submit memoranda ithin a period offifteen (5) days from notice# %he case shall be deemed submitted for decision upon the filing of

the last pleading or memorandum re9uired by these &ules or by the court of Appeals# (n)

Procedure in the Court of Appeals

RULE **

Or#nar. Aeae Ca$e$

Se%!n 1'#itle of &ases# $ In all cases appealed to the Court of Appeals under &ule -, the title

of the case shall remain as it as in the court of origin, but the party appealing the case shall befurther referred to as the appellant and the adverse party as the appellee# (a, &-/)

Se%!n 'Counsel and guardians# $ %he counsel and guardians ad litemof the parties in the

court of origin shall be respectively considered as their counsel and guardians ad litemin the

Court of Appeals# 2hen others appear or are appointed, notice thereof shall be servedimmediately on the adverse party and filed ith the court# (*a, &-/)

Se%!n ')rder of transmittal of re&ord# $ If the original record or the record on appeal is not

transmitted to the Court of Appeals ithin thirty (.=) days after the perfection of the appeal,either party may file a motion ith the trial court, ith notice to the other, for the transmittal of

such record or record on appeal# (.a, &-/)

Se%!n *'1o&/eting of &ase# $ 7pon receiving the original record or the record on appeal and

the accompanying documents and ehibits transmitted by the loer court, as ell as the proof ofpayment of the doc'et and other laful fees, the cler' of court of the Court of Appeals shall

doc'et the case and notify the parties thereof# (-a, &-/)

2ithin ten (=) days from receipt of said notice, the appellant, in appeals by record on appeal,

shall

Documents

1 1997 RULES OF CIVIL PROCEDURE.doc