05202013 CivPro First Draft

8/13/2019 05202013 CivPro First Draft

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First.Draft.Public.05202013


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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 CoreCommittee of the National Conference for the Reision of the Rules of Ciil!rocedure and their respectie Topical "orking #roups $T"#s%. TheCoreCommittee has been working with the &niersit' of the !hilippines (awCenter) 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 theletter N/ or R/ with a number. N signifies that the rule is new. "hile Rsignifies that it is an amendment of a current rule. The number refers to its

current number in the Rules of Ciil !rocedure. If a rule has simpl' beenamended) the changes to the indiidual sections are emphasi0ed in boldletters. ,t the end of each section) its original section number is indicated. Ifthe number is followed b' an a/ this means thesection 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 crossreferencing will beresoled before the inal raft of the Reised Rules of Ciil !rocedure isreleased 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 Reision of the Rules of Ciil !rocedure. This will be held on 2634

+une 2413 at the !hilippine +udicial ,cadem' Training Center) Taga'ta')

!hilippines.

inall') the Final Draft will be refined after the National Conferenceand presented to the 7upreme CourtEn Banc for approal.

8n the organi0ation of these rules) the Rules should be collated in themost logical manner possible. The rules are grouped under titles that wouldmake the most sense to an aerage user.

7ince the scope of these reisions does not extend to 7pecial


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!roceedings) Criminal !rocedure) etc. the most that can be done is to allot aTitle for these particular rules. This wa' if and when those Rules areeentuall' updated or reised) the court) the publishers) and the rules9 usersma' simpl' slip these new rules in without disrupting the numbering or flowof the other rules.

In preparation for the possible reisions of these rules) it is alsosuggested that each title restart the numbering of its rules such that each titlewill hae its own Rule 1) 2) 3) etc.

It is also proposed that special rules such as those goerning drugscases) land registration cases) etc. be lifted from the law and transposed toseparate titles in an orderl' fashion. ,ll irreleant proisions of the lawshould be excluded. The titles listed aboe are b' no means exhaustie andsimpl' represent the most commonl' used proisions of law as experienced

b' certain trial court 5udges. 7ummar' !rocedure and 7mall Claims Courtrules should also be transposed to their respectie titles.

,ll these rules would be collectiel' known as the !hilippine Code of!rocedure.


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TABLE OFCONTENTS

TITLE I: GENERL PRO!ISIONS"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" #

R&(- 1 ............................................................................................................................. 1

GENERAL CONSIDERATIONS (R1) ......................................................................... 1

TITLE II: EFFICIENT PRCTICES """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" $

R&(- 1 ............................................................................................................................. 3EFFICIENT USE OF PAPER (N) .............................................................................. 3

R&(- 2 ............................................................................................................................. 3EFFICIENT 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 TRIL CO(RTS """""""""""""""""""""""""""""""""""""""""""""""""""""""" #*

R&(- 1 ........................................................................................................................... 12CONDITIONS TO ACTION (N) ............................................................................... 1

R&(- 2 ........................................................................................................................... 1;CAUSE OF ACTION (R) ........................................................................................ 15

R&(- 3 ........................................................................................................................... 1:PRODUCTION OR INSPECTION OF DOCUMENTS OR T$INGS (R7) ............ '4

R&(- < ........................................................................................................................... >;P$%SICAL AND MENTAL E+AMINATION OF PERSONS (R') ......................... '5

R&(- 6 ........................................................................................................................... >4

PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS ........................ 1'#

TITLE /I: PROCED(RE IN T2E S(PRE+E CO(RT """""""""""""""""""""""""""""""""""""""" #4#

R&(- 1 ......................................................................................................................... 1>1ORIGINAL AND APPEALED CASES (R5!) .......................................................... 1'1

TITLE /II: SPECIL CI!IL CTIONS """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" #40

R&(- 1 ......................................................................................................................... 1>:

COMMON PROVISIONS (N) ................................................................................. 1'4R&(- 2 ......................................................................................................................... 1>=

REVIE OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF T$ECOMMISSION ON ELECTIONS AND T$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=6E+PROPRIATION (R!7) ........................................................................................ 1"7

R&(- > ......................................................................................................................... 243JUDICIAL AND E+TRA*JUDICIAL FORECLOSURE OF REAL ESTATE

MORTGAGE (R!') ................................................................................................. #3R&(- = ......................................................................................................................... 24>

PARTITION (R!") .................................................................................................. #'R&(- 14 ....................................................................................................................... 212

FORCIBLE ENTR% AND UNLAFUL DETAINER (R7#).................................... 1R&(- 11 ....................................................................................................................... 21>

CONTEMPT (R71).................................................................................................. 1'


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TITLE I: GENERAL PROVISIONS

Rule #

GENERL CONSIDERTIONS %R#&

SECTION #"#" T/0 2 / R06. ? These Rules shall be known as

the *-#$ Rules of Civil Procedure" %#a&

SEC" #"*" O8c/9. ? The oerall ob5ectie of these rules is the

attainment of 5ustice in all ciil actions b' ensuring that@

$a% the 5arties are 5laced on e6ual footin7A

%8& the i95artialit of the courts is 7uarded and assured;

%c& the hearin7 and resolution of cases is eudicial dis5ute resolution

%'DR& and?or ar8itration;

%f& @hen trial is inevita8le= the cases are s5eedil heardand >ustl decided;

%7& the courts ti9e and resources are @isel distri8utes

in 5ro5ortion to

1. the a9ounts clai9ed)

2. the co95le


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2 FIRST DRAFT OF 2013 REVISED RULES OF CIVIL PROCEDURE

SEC" #"0" R20 2 8,:6. ? 'ud7es shall act @ith inte7rit=

dili7ence andco95etence.

In civil cases= the >ud7e shall e


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NATIONAL CONFERENCE FOR THE REVISION OF THE RULES OFCIVIL PROEDURE 3

TITLE II: EFFICIENTPRACTICES

Rule #

EFFICIENT (SE OF PPER %N&

SECTION #"#" C2>/ Pa;>6 ,n,. ? 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>6c>, 2>?a/6. ? ,ll court papers shall obsere the

following format reBuirements@

$a% T'ped singlespaced 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

$b% , left hand margin of 1.; inches from the edgeA topmargin 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 consecutiel' at the

bottom.

SEC" #"$" C2;< /2 0, an, 6>9,. ? &nless otherwise directed

b' the court) a part' needs to file onl' one original of his or her court paper

and sere one cop' each on the aderse part' or parties as well as on the

other parties to the case. !arties represented in common b' the same counsel

shall be sered with onl' one cop' through that counsel. The cop' sered ona part' need not include annexes that emanate from such part'. $n%

Rule *

EFFICIENT (SE OF CO(RT TI+E %N&

SECTION *"#"Pa: 0?/a/2n. = , motion) an opposition to it) and

a repl' as well as trial memoranda) positions papers) and similar court papers


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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" *"*" S??a>< @n >>,. ? , 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 2> n2n*c2?;0anc @/ >>?n/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 shallconsider the erring court paper not filed unless the part' pa's within fie $;%

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 $

PRESCRIED FOR+S ND S+PLE CO(RT PPERS %N&

SECTION $"#"P>6c>, F2>?6. ? , part' must) when forms aremandated for certain court papers) use such forms for the preparation and

filing of the same. The prescribed forms) coered b' a list) are found in

,ppendix , of these Rules. 7oft or electronic copies of the same shall be

made aailable 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/> 2>?6. ? To ensure compliance with essential

technical reBuirements for certain papers that are filed in court) samples ofsuch papers are found in ,ppendix * for use b' the parties. These are)

howeer) 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%


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2. -licit from him or her those facts which are

releant to the issues that the case presentsA and

3. Identif' and mark as exhibits the attached

documentar' and ob5ect eidence and establish

their authenticit' in accordance with the Rules ofCourtA

$e% The signature of the witness oer his or her printed nameAand

$f% , 5urat with the signature of the notar' public who

administers the oath or an officer who is authori0ed b'

law to administer the same.

$g% , sworn attestation at the end) executed b' the law'er

who conducted or superised the examination of thewitness) 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 gaeA and

2. Neither the affiant nor an' other person then

present or assisting him or her instructed the

witness to lie or suppress eidence or present fake

documents regarding and in connection with the

latter9s answers.

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.


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TITLE : %PROPOSED TITLE ON& '(RISDICTION

Rule

'(RISDICTION OF TRIL CO(RTS O!ER CI!IL CTIONS %N&

SECTION #"#"J>6,c/2n n :n>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 Ciil Cases. ? +etro5olitan Trial Courts= +etro5olitan Trial

Courts in Cities= +unici5al Trial Courts= and +unici5al Circuit TrialCourts shall e


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onl' to determine the issue of possession.

$c% -xclusie original 5urisdiction in all ciil actions whichinole 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' thousandpesos $! 24)444.44% or) in ciil actions in Fetro Fanila)where such assessed alue does not exceed ift'thousand pesos $! ;4)444.44% exclusie of interest)damages of whateer kind) attorne'Gs fees) litigationexpenses and costs@ !roided) That alue of such

propert' shall be determined b' the assessed alue of thead5acent lots. $,s amended b' R. ,. No. 66,c/2n n c>/an ca66. ? In the absence of

all the Regional Trial +udges in a proince 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 proince or cit' where the absent Regional Trial +udges

sit. $n%

SEC" #"0" S??a>< ;>2c,>6 n 6;ca0 ca66. ? 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'exclusiel' forcible entr' and unlawful detainer cases) those inoling

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 achiee an expeditious and inexpensie


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determination thereof without regard to technical rules. 7uch simplified

procedures ma' proide that affidaits and counteraffidaits ma' be

admitted in lieu of oral testimon' and that the periods for filing pleadings

shall be nonextendible. $n%

SEC" #"1" R:2na0 T>a0 C2>/ 8>6,c/2n n c90 ca66. ?

Regional Trial Courts shall exercise exclusie original 5urisdiction@

$a% In all ciil actions in which the sub5ect of the litigation is

incapable of pecuniar' estimationA

$b% In all ciil actions which inole the title to) or

possession of) real propert') or an' interest therein)

where the assessed alue of the propert' inoled

exceeds Twent' thousand pesos $! 24)444.44% or for ciilactions in Fetro Fanila) where such alue exceeds ift'

thousand pesos $! ;4)444.44% except actions for forcible

entr' into and unlawful detainer of lands or buildings)

original 5urisdiction oer which is conferred uponFetropolitan Trial Courts) Funicipal Trial Courts) and

Funicipal Circuit Trial CourtsA

$c% In all actions in admiralt' and maritime 5urisdictionwhere the demand or claim exceeds Three Dundred

Thousand pesos $! 344)444.44% or) in Fetro Fanila)where such demand or claim exceeds our hundredThousand !esos $!:44)444.44%A

$d% 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 our

Dundred Thousand !esos $!:44)444.44%A

$e% In all actions inoling the contract of marriage and

marital relationsA

$f% In all cases not within the exclusie 5urisdiction of an'

court) tribunal) person or bod' exercising 5urisdiction or

an' court) tribunal) person or bod' exercising 5udicial or

Buasi5udicial functionsA

$g% In all ciil actions and special proceedings falling within


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the exclusie original 5urisdiction of a +uenile and

omestic Relations Court and of the Courts of ,grarian

Relations as now proided b' lawA and

$h% In all other cases in which the demand) exclusie of

interest) damages of whateer kind) attorne'Gs fees)litigation expenses) and costs or the alue of the propert'in controers' exceeds Three Dundred Thousand !esos$! 344)444.44% or) in such other cases in Fetro Fanila)where the demand) exlusie of the aboementioneditems exceeds our Dundred Thousand !esos$! :44)444.44%. $,s amended b' R. ,. No. 66,c/2n. ? Regional Trial Courts shall

exercise appellate 5urisdiction oer all cases decided b' Fetropolitan Trial

Courts) Funicipal Trial Courts) and Funicipal Circuit Trial Courts in theirrespectie territorial 5urisdictions. 7uch cases shall be decidedon 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;ca0 8>6,c/2n /2 />< 6;ca0 ca66. ? The 7upreme

Court ma' designate certain branches of the Regional Trial Courts to handle

exclusiel' criminal cases) 5uenile and domestic relations cases) agrarian

cases) urban land reform cases which do not fall under the 5urisdiction of

Buasi5udicial 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;ca0 R06 2 P>2c,>. ? "heneer a Regional Trial

Court takes cogni0ance of 5uenile and domestic relations cases andHor


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agrarian cases) the special rules of procedure applicable under present laws

to such cases shallcontinueto be applied) unless subseBuentl' amended b'

law or b' rules of court promulgated b' the 7upreme Court.


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TITLE IV: PROCEDURE IN TRIALCOURTS

Rule #

CONDITIONS TO CTION %N&

SECTION #"#" C2n,/2n6 /2 0n:. ? &nless otherwise proided b'

these rules) no action ma' be filed in court unless accompanied b'@

$a% !roof of receipt b' defendant of a prior written demand

from plaintiff)

$b% "ritten proof of a failed effort to meet and negotiate a

settlement between the partiesA and

$c% 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 proision of law relied upon) without

pre5udice to the authorit' of the court to subseBuentl' direct the parties to

submit to ,R an' related issues or matters for which settlement or

arbitration is not prohibited.

SEC #"*" >//n ,?an, an, 2> /2 ?/. ? 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 aoiding court action

through negotiation. , period of at least ten $14% da's shall be gien to the

other part' to respond to the demand.

7hould the plaintiff or the defendant regard such a direct meetinginadisable because of some personal reason or deep personal enmit'

between them) the part' shall in writing designate counsel or a

representatie to attend the meeting with full authorit' to negotiate and agree

to the terms of an' settlement.

SEC" #"$" C2n/>,?an,. E The court shall not entertain an'

counterclaim withoutproof that the defendant made a prior written counter


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demand upon the plaintiff and unless the defendant declares that he or she or

she or his or her representatie brought up such counter demand in a

settlement meeting with the plaintiff or his orherrepresentatie and that he

or she or she further took part in the submission of their dispute to an' of the

alternatie dispute resolutions mentioned in 7ection 1.:. below.

SEC" #"0" A0/>na/9 ,6;/ >620/2n. = 7hould there be no

faorable response or no response at all to the demand) the aggrieed part'

must submit the proposed action for alternatie dispute resolution through

an' two of the following modes@

$a% a negotiation between the parties andHor counsel to settle

or resole the disputeA

$b% a mutuall' acceptable neutral thirdpart' or mediator)including but not limited to council of elders) tribal

council) traditional leaders) and the like) as well as (egal

-ducation *oardaccredited law student interns) a law

school legal aid unit) an Integrated *ar of the !hilippines

legal aid serice) or an' registered nongoernmental

organi0ation dedicated to settling disputes amicabl'A

$c% baranga' conciliation) pursuant to R.,. No. 61


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applies for a temporar' restraining order or a writ of

preliminar' in5unction) a preliminar' attachment) a

replein order) or receiership) unless in the meantime

the court has granted or denied the application for such

proisional remed'.In the latter cases) the court ma' nonetheless direct the parties to

submit to alternatiedisputeresolution pending further action on their cases.

"hen claiming the exception) the plaintiff has the burden of proing his

entitlement to such exception. ,n application for a proisional remed'

plainl' to aoid the reBuirements of prior demand and submission to

alternatie dispute resolution shall be ground for dismissal of the complaint

or the counterclaim.

SEC" #"3" D;26/ 2 6//0?n/ A:>?n/. E,n' part' to a

negotiation) conciliation) or mediation that is not court annexed ma' deposit

with the Clerk of court oftheRegional Trial Court where an' of the parties

who is an indiidual 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 goerned b' the

special rules on alternatie dispute resolution

SEC" #")" Ec/ 2 n2n*c2?;0anc. E No ciil case) except asproided aboe) shall be filed in court without first undergoing an' two

modes of ,R. $n%

SEC" #"4" C2??nc?n/ 2 Ac/2n. ? , ciil action is commenced

b' the filing of the original complaint in court accompanied b' the pa'ment

of ;4 of the prescribed docket fees.

The 8alance of 1- shall 8e 5aid @ithin ten %#-& das fro9 the

ter9ination of 5reli9inar conference 5ro5er @ithout settle9ent of the

dis5ute" Failure to 5a the 8alance shall result in the dis9issal of theaction"

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"


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9otion to sue as an indi7ent 9ust acco95an the initiator

5leadin7= @hen 5ro5er= and 8e resolved 8 the E 2 ca66 2 ac/2n. = , part' shall 5lead) in the

alternatie or otherwise) all causes of action e


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but pertain to different enues or 5urisdictions) the 5oinder

ma' be allowed inthe Regional Trial Court proided 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 recoer' of mone') the aggregate amount claimed

shall be the test of 5urisdiction.

ailure to plead all the aboe causes of action existing at the time of

filing shall result in a waier of the cause of action not pleaded. $;a%

SEC" *"1"M682n,> 2 ca66 2 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 initiatie of the court) be seered and

proceeded with separatel'. $


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or a7ainst the ori7inal real 5art in interest= the transferee= or 8oth" $2a%

SEC" $"$"R;>6n/a/96 a6 ;a>/6. ? "here the action is allowed

to be prosecuted or defended b' a representatie 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. , representatie 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 inoles 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 5rinci5alshall notif the court= @ithin $- das fro9 no@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;266 a6 ;a>/6. ? Dusband and wife shall sue or be

sued 5ointl') except as proided b' law. $:a%

SEC" $"1" Mn2> 2> nc2?;/n/ ;>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"J2n,> 2 ;a>/6. = ,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 discoered onl' after the filing

of a responsie pleading through no fault of the plaintiff or defendant) as the

case ma' be) the court shall order the inclusion) on its own initiatie 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 third$or fourth) etc.% part' complaint) shall be

deemed a waier 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= atan sta7e of the action

and on such ter9s as are >ust" n clai9 a7ainst a 9is>oined 5art 9a


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8e severed and 5roceeded @ith se5aratel" $


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SEC" $"#*" Da/ 2> 6;a>a/2n 2 a ;a>/< @2 6 a ;0c 2c>. ?

"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?;/nc< 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,:n/ ;a>/


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of an a7ree9ent= the succeedin7 sections shall a55l" $n%

SEC" 0"*" Vn 2 >a0 ac/2n6. = In the a8sence of an a7ree9ent

on venue= real actions shall be commenced and tried in the proper court

which has 5urisdiction oer the place wherein the real propert' inoled) or

an' portion thereof) is situated. $1a%

SEC" 0"$" Vn 2 ;>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 non

resident defendant ma' be found) at the election of the 5laintiff.

Residence is the actual or ha8itual 5lace of a8ode" $2a%

SEC" 0"0" Vn 2 ac/2n6 a:an6/ n2n*>6,n/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

PLEDINGS %R)&

SECTION 1"#"P0a,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


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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 respectie participation in the case shall also be indicated. $1a%

SEC" 1"$" T 2,


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deficienc' to be remedied if it shall appear that the same was due to mere

inadertence and not intended for dela'. $n%

SEC" 1"3" V>ca/2n < Pa>/


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Rule 3

FOR(+ S2OPPING %N&

SECTION 3"#" F2>? 62;;n:. ? orum shopping ma' refereither tothefiling of@

$a% 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

$b% 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 ofRule136 of theRules of CourtA proided 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%

SEC" 3"*" F2>? 62;;n: ;>2/, 6anc/2n6. ? orum

shopping is strictl' prohibited. The submission of a false certification or

noncompliance with an' of the undertakings therein shall constitute indirect

contempt of court) without pre5udice to the corresponding administratie 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 administratie sanctions. $? 62;;n: @n >>,. ? ,ll

initiator' pleadings shall contain a certification of nonforum 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 notamount to forum shopping./

*' so certif'ing) the plaintiff or counsel attests that@

$a% No action or claim inoling 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 Buasi5udicial agenc')


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or if filed) that the same is no longer pending and has

been dismissedwithoutpre5udice.

$b% To the best of the plaintiff9s knowledge) no such other

action or claim is pending or was preiousl' filed.

$c% 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 fie $;% da's from knowledge. $n%

SEC" 3"0"N2n*C2?;0anc. ? ailure to compl' with this rule shall

not be curable b' amendment of the initiator' pleading. $n%

Rule )

INITITOR, ND RESPONSI!E PLEDINGS %R3&

SECTION )"#. In/a/2>< an, >6;2n69 ;0a,n:6 ,n,. ?

Initiator' and Responsie pleadings are the initial written statements of the

respectie claims and defenses of theparties.$1a%

SEC" )"*.In/a/2>< P0a,n:6. ? Initiator' !leadings include@

$a% ComplaintsA

$b% Complaints in InterentionA

$c% !ermissie CounterclaimA

$d% CrossclaimA and

$e% Third) $ourth) etc.%!art' Complaints. $n%

SEC" )"$"R6;2n69 P0a,n:6. = Responsie !leadings include@

$a% ,nswersA

$b% ,nswers to !ermissie CounterclaimA

$c% ,nswers to CrossclaimsA

$d% ,nswers to Complaint in InterentionA and

$e% Third) $ourth) etc.%!art' ,nswers. $n%

SEC" )"0. C2?;0an/. ? The complaint is the pleading where a part'


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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 respectie -mail or

electronic Internet addresses and contact numbers

if known to the part'.

2. ,erments regarding the part'9s capacit' to sue or

be sued) or the authorit' of the representatie 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 caseof 5uridical persons) proof of authorit' of its

representatie to file the action shall be attached to

the complaint

$b% acts@ The ultimate and eidentiar' facts constituting the

plaintiff9s cause of action) dul' supported b' the

documents andHor eidence on which the action is based.

Clear and legible copies thereof should be attached either

to the pleading or the 5udicial affidaits) consecutiel'

marked. The markings shall be retained throughout theproceedings.

$c% Issues@ , preliminar' statement of foreseeable issuesA

$d% (aws@ 7pecific applicable laws) rules) or 5urisprudence on

which the action is based or that support the actionA

$e% Conditions !recedent@ -fforts taken to settle the dispute

out of court) which include@

1. sending a demand letterA and

2. utili0ing an' two aailable settlementbased modes

of alternatie dispute resolution as enumerated in

Title IJ) Rule 1) 7ection 1.

$f% ,dmissions@ 7pecific proposals for stipulations or

admissions of facts and documents.

$g% !roposed 7ettlement@


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1. ,n enumeration of acceptable terms of settlement.

2. , statement of willingness to submit the dispute to

an arbitrator.

$h% Referral@ The need for reference of certain matters or

issues to a commissioner or assessor.

$i% !ra'er@ The specific reliefs pra'ed for.

$5% Jerification@ Jerification either b' the part' or b'

counsel.

$k% Certification of Nonorum 7hopping) if necessar'.

$l% The names and complete addresses of the counsel)

including their respectie -mail or electronic Internet

addresses and contact numbers if knownA proided that apost office box address shall be prohibited.

$m% !roof of pa'ment of docket and other reBuired fees.

$n% Table of -xhibits

8nl' exhibits included in the Table shall be allowed

during trial.

$o% Table of "itnesses

8nl' witnesses included in the Table shall be allowed to

testif' during trial. $3a%

SEC" )"1"An6@>. ? ,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 respectie -mail or electronic

Internet addresses and contact numbers if known to the

part'.

$b% acts@ The ultimate and eidentiar' facts constituting thedefendant9s defense) dul' supported b' the documents

andHor eidence on which the action is based. Clear and

legible copies thereof should be attached either to the

pleading or the 5udicial affidaits) consecutiel' marked.

The markings shall be retained throughout the

proceedings.


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$c% Issues@ , preliminar' statement of foreseeable issues.

$d% (aws@ 7pecific applicable laws) rules) or 5urisprudence

that support the defense.

$e% CounterclaimsHCrossclaims@ ,ll compulsor'

counterclaims and crossclaims arising from the

complaint) including third $fourth) etc.%part' complaints)

otherwise the' shall be barred.

$f% ,dmissions@ 7pecific proposals for stipulations or

admissions of facts and documents.

$g% 7ettlement@

1. ,n enumeration of acceptable terms of settlement.

2. , statement of willingness to submit the dispute to

an arbitrator.

$h% Referral@ The need for reference of certain matters or

issues to a commissioner or assessor.

$i% !ra'er@ The specific reliefs pra'ed for.

$5% Jerification@ Jerification either b' the part' or b'

counsel.

$k% Certification of Nonorum 7hopping) if necessar'.$l% The names and complete addresses of the counsel)

including their respectie -mail or electronic Internet

addresses and contact numbers if knownA proided that a

post office box address shall be prohibited.

$m% Table of -xhibits

8nl' exhibits included in the Table shall be allowed

during trial.

$n% Table of "itnesses

8nl' witnesses included in the Table shall be allowed to

testif' during trial.

, permissie counterclaim) crossclaim) or third $fourth) etc.%part'

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


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7ection 6.: of this Rule.,n answer to a permissie counterclaim) crossclaim) and third

$fourth) etc.%part' 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= eurisdiction 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" )")" D6?66a0 2> J,:?n/ 2n C2>/6 In/a/9. = If on the

face of the complaint) it is apparent that the court does not hae 5urisdiction

oer the sub5ect matter of the action) the action has prescribed) or there is afailure to compl' with prefiling reBuirements) the court shall) on its

initiatie) 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 initiatie

dismiss an action on an' of the following grounds@ lack of 5urisdiction oer

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 aderse part'Gs pleading) the court) after the filingof the answer and before the preliminar' conference) ma' direct 5udgment

on such pleading. Doweer) in actions for declaration of nullit' or

annulment of marriage or for legal separation) the material facts alleged in

the complaint shall alwa'sbeproed. $n%

SEC" )"4" C2n/>c0a?. ? , counterclaim is an' claim that a

defendingpart'ma' hae against an opposing part'. $


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both as to its amount and nature. If the counterclaim is in excess of the

5urisdictional amount) the excess shall be waied.

In an original action before the Regional Trial Courts) the compulsor'

counterclaim ma' be considered regardless of the amount. $6a%

SEC" )"#-" P>?669 C2n/>c0a?. ? , permissie 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.

, permissie counterclaim) if not included in the answer) ma' also be

filed together with a motion for leae within an inextendible period of 1;

da's from filing of the moant9s answer. $n%

SEC" )"##" C>266*c0a?. ? , crossclaim is an' claim b' one part'

against a copart' arising out of the transaction or occurrence that is the

sub5ect matter either of the original action or of a counterclaim therein. 7uch

crossclaim ma' include a claim that the part' against whom it is asserted is

or ma' be liable to the crossclaimant for all or part of a claim asserted in the

action against thecrossclaimant.$>a%

SEC" )"#*"R;0< /2 an An6@>. ? , repl' is a pleading that alleges

facts in denial or aoidance of new matters alleged b' wa' of defense in an

answer to a co95laint= a crossclai9= or a 5er9issive counterclai9 andthereb' 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'

counterclaim) if an')aredeemed controerted. "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 affidait and

documents) if necessar'. $14a%

SEC" )"#$" P>2, 2> 0n: a >;0


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The third $fourth) etc.%part' complaint shall conform to the

reBuirements set forth in 7ection 3 of this Rule. $11a%

SEC" )"#1" P>2, 2> 0n: / />, (2>/ /c.)*;a>/< c2?;0an/.

? The third $fourth) etc.%part' complaint shall be filed together with a

motion for leae within an inextendible period of 1; da's from filing of the

moant9s answer. $n%

SEC" )"#3. An6@> /2 ;>?669 c2n/>c0a? c>266*c0a? an,

/>, (2>/ /c.)*;a>/< c2?;0an/. ? , defendant to a permissie

counterclaim) crossclaim or third $fourth) etc.%part' complaint ma' allege

in the answer all defenses) counterclaims or crossclaims. $13a%

SEC" )"#)" N2 R82n,>. ? , re5oinder or its eBuialent is

prohibited. $n%

Rule 4

+NNER OF +ING LLEGTIONS IN PLEDINGS %R4&

SECTION 4"#" In :n>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 oradefense) as the case ma' be) dul'

supported b' laws and eidence.

, part' shall specif' the pertinent proisions of law supporting the

claim or defense. $1a%

SEC" 4"*" A0/>na/9 ca66 2 ac/2n 2> ,n66. ? , part' ma'

set forth two or more statements of a claim or defense) alternatiel' 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

alternatie and one of them) if made independentl' would be sufficient) the

pleading is not made insufficient b' the insufficienc' of one or more of thealternatie statements. $2a%

SEC" 4"$" O/> Dn66. ? , defendant ma' h'potheticall' admit

the material allegation in the pleading of the claimant) which would

neertheless preent or bar the defendant9s recoer'. The affirmatie

defenses include fraud) statute of limitations) release) pa'ment) illegalit')


41/232


statute of frauds) estoppel) former recoer') discharge in bankruptc') and

an' other matter b' wa' of confession and aoidance.

, negatie 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>a, ?6/a c2n,/2n 2 / ?n,. ? In all aerments

of fraud or mistake) the circumstances constituting fraud or mistake must be

stated with particularit'. Falice) intent) knowledgeorother condition of the

mind of a person ma' be aerred generall'. $;a%

SEC" 4"1"D2?6/c 2> F2>:n J,:?n/. ? In pleading a 5udgment

or decision of a domestic or foreign court) 5udicial or Buasi5udicial tribunal)or of a board or officer) it is sufficient to aer 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. $


42/232


cop' of the document shall be attached and dul' marked. $=a%

SEC" 4"." S;cc ,na0. ? , defendant must specif' each material

allegation of fact the truth of which he or she or she does not admit and)

wheneer 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

aerment) 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

aerment made in the complaint) he or she or she shall so state) and this shall

hae the effect of a denial. $14a%

SEC" 4"#-" A00:a/2n6 n2/ 6;cca00< ,n, ,?, a,?//,. ?

Faterial aerments in an' initiator' pleading) other than those as to theamount of unliBuidated damages) shall be deemed admitted when not

specificall' denied. $11a%

SEC" 4"##" S/>n: 2/ 2 ;0a,n: 2> ?a//> c2n/an, />n. ?

&pon motion made b' a part' before responding to a pleading or) if no

responsie pleading is permitted b' these Rules) upon motion made b' a

part' within fifteen $1;% da's after the serice of the pleading upon him) or

upon the court9s own initiatie 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 FIL(RE TO PLED %R.&

SECTION ."#. Dn66 an, 28c/2n6 n2/ ;0a,,. = efenses

and ob5ections not pleaded in the ans@er are deemed waied= e


43/232


be barred. $2a%

SEC" ."$" efaultA declaration of. ?

%a& If the defending part' fails to answer within there7le9entar 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.

$b% The clai9in7 5art shall su89it >udicial affidavit in

su55ort of his or her clai9s" The court shall then

render >ud79ent @hich shall neither e,> 2 ,a0/. = , 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.

%d& R0 >2? 2>,> 2 ,a0/. = , 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 toanswer was due to e/a0 ,a0/. ? "hen a pleading asserting a

claim states a common cause of action against seeral

defending parties) some of whom answer and the others

fail to do so) the court shall tr' the case against allupon

the answers thus filed and render 5udgment upon the

eidence presented. $3a%


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Rule #-

+ENDED ND S(PPLE+ENTL PLEDINGS %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 controers' ma' speedil' be determined) without

regard to technicalities) and in the most expeditious and

inexpensie manner. $1a%

%8& A?n,?n/6 a6 a ?a//> 2 >:/. = , part' ma' amendhis or her pleading once as a matter of right at an' time

before a responsie pleading is sered or) in the case of a

repl') at an' time within fifteen %#1& da's after it is

sered.$2a%

%c& A?n,?n/6 < 0a9 2 c2>/. = 7ubstantial

amendments ma' be made onl' upon leae of court

7ranted after the 9ovant and the adverse 5art shall

have 8een 7iven the o55ortunit to 8e heard. $3a%

%d& New copies. ? "hen an' pleading is amended) a newcop' of the entire pleading) incorporating the

amendments) which shall be indicated b' appropriate

marks) shall be filed. $6a%

SEC" #-"*" F2>?a0 a?n,?n/6. = Clerical or t'pographical errors

ma' be summaril' corrected b' the court at an' stage of the action) at its

initiatie or on motion) proided no pre5udice is caused thereb' to the

aderse part'. $:a%

SEC" #-"$" S;;0?n/a0 ;0a,n:6. = &pon motion of a part' thecourt ma') upon reasonable notice and upon such terms as are 5ust) permit

him or her to sere a supplemental pleading setting forth transactions)

occurences or eents which hae happened since the date of the pleading

sought to be supplemented. The aderse part' ma' plead thereto within

fifteen $1;% da's from the notice of the order admitting the supplemental

pleading. $


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SEC" #-"0" Ec/ 2 a?n,, ;0a,n:6. = ,n amended pleading

supersedes the pleading that it amends. Doweer) admissions in superseded

pleadings ma' be offered and ad9itted in eidence against the pleaderA and

claims or defenses alleged therein not incorporated in the amended pleading

shall be deemed waied. $>a%

Rule ##

H2EN TO FILE RESPONSI!E PLEDING %R##&

SECTION ##"#" An6@> /2 / c2?;0an/. = The respondent shall

file his or her answer to the complaint within thirt %$-& das after serice

of summons. The court 9a= for >ustifia8le reasons= 7rant 8ut one

e /2 c2n/>c0a? 2> c>266*c0a?. = , co95ulsor

counterclaim or crossclaim 9abe answered within fifteen %l1& da's from

serice.

5er9issive counterclai9 or crossJclai9 9ust 8e ans@ered

@ithin thirt %$-& das fro9 service. $:a%

SEC" ##"0" An6@> /2 />, (2>/ /c.)* ;a>/< c2?;0an/. = The

time to answer a third $fourth) etc.% part' complaint shall be goerned b'

the same rule as the answer to the complaint. $;%


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SEC" ##"1" R;0


47/232


SEC" #*"$"Mann> 2 0n:. ? The filing of pleadings) appearances)

motions) notices) orders) 5udgments and all other papers shall be made b':

%a& presenting the original copies thereof) plainl' indicated

as such) personall' to the clerk of court; or

$b% sending them b' registered mail; or

$c% licensed courierA or

$d% 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'mentsordeposits) as shownb' the post office stamp on the enelope or the registr' receipt) shall be

considered as the date of their filing) pa'ment) or deposit in court. The

enelope 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;>6 >>, /2 0, an, 6>9,. = -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 sered upon the parties affected. $:%

SEC" #*"1. M2,6 2 6>9c. ? 7erice 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. P>62na0 6>9c. ? 7erice of the papers ma' be made

b' deliering 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' leaing it in his or her office with his or her clerk or with a

person haing charge thereof. If no person is found in his or her office) or hisor her office is not known) or he or she or she has no office) then b' leaing

the cop') between the hours of eight in the morning and six in the eening)

at the part'Gs or counselGs residence) if known) with a person of sufficient age

and discretion then residing therein. $


48/232


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' prepaid) and

with instructions to the postmaster to return themail to the sender after ten

$l4% da's if undeliered. If no registr' serice is aailable in the localit' of

either the sender or the addressee) serice ma' be done b' ordinar' mail. $6%

SEC" #*"4"E0c/>2nc S>9c an, S>9c < Fac6?0. = 7ub5ect

to prior agreement between the parties made known to the court and placed

on record) serice b' electronic means shall be made b' sending an email to

the part'9s or counsel9s email address and serice 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 sered b' calling and

erif'ing with the recipient. Inan'eent) the sender assumes the technical

risks attendant to nonreceipt of the same b' the aderse part'. If there is a

discrepanc' between the electronic document and facsimile cop' sent andthe hardcop' filed in court) the former shall preail. $n%

SEC" #*".. Constructive6>9c. ? If serice 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) serice ma' be made b' deliering the cop'tothe

clerk of court) with proof of failure of service under Section #*"1 a8ove.

The serice iscompleteat the time of such delier'. $>a%

SEC" #*"#-" S>9c 2 8,:?n/6 na0 2>,>6 2> >620/2n6. ?+udgments) final ordersor resolutions shall be sered 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 e9c. ? !ersonal serice is completeupon actual delier'. 7erice b' ordinar' mail is complete upon the

expiration of ten $14% da's after mailing) unless the court otherwise proides.

7erice b' registered mail is complete upon actual receipt b' the addressee)

or after fie $;% da's from the date he or she or she receied the first notice

of the postmaster) whicheer date is earlier. Service 8 licensed courier is

co95lete u5on actual recei5t 8 the addressee= or after at least t@o


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atte95ts to deliver 8 the courier service or u5on the e22 2 6>9c. ? !roof of personal serice shall


50/232


consist of a written admission of the part' sered) or the official return of the

serer) or the affidait of the part' sering) containing a full statement of the

date) place and manner of serice. If the serice is made b'@

%a& Ma0 ? !roof thereof shall consist of an affidait of the

person mailing statin7 the facts showing compliance

with 7ection 6 of this Rule.

%8& R:6/>, ?a0? !roof shall be made b' such affidait

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 gien b' the postmaster to the addressee.

$c% Lcn6, an, ,0< acc>,/, c2>> 6>9c ? Proofshall 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.

$d% E0c/>2nc ?a0 2> ac6?0 ? 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 #$"#" C0> /2 66 6??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/n/6. = The summons shall be directed to theres5ondent) signed b' the clerk of court under seal) and contain@

$a% the name of the court and the names of the parties to the

actionA

$b% a direction that the res5ondent answer within the time

fixed b' these RulesA


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$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 adlitem) if an') shall be attached to the original and each cop' of the summons.

$2a%

SEC" #$"$.B< @2? 6>9,. ? The summons ma' be sered b' the

sheriff) his or her deput') or other proper court officer. or 5ustifiable

reasons) the court 9a authoriAe the Chair5erson or a7a@ad of the

aran7a @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" Fa0> /2 6>9. = If the summons cannot be sered on

an' or all of the respondents) within fie $;% da's from the last attempt to

sere) the serer shall make a report to the clerk of court stating the reasons

for the failure of serice) 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,/< 2 S??2n6 an, 66anc 2 a0a6 6??2n6. =7ummons shall remain alid until dul' sered) unless recalled b' the court.

If the su99ons has 8een lost or destroed= the cler of court= on

9otion of the 5etitioner= 9a issue an alias su99ons. $n%

SEC" #$"3. S>9c n ;>62n 2n respondent. = "heneer

practicable) the summons shall be sered b' handing a cop' thereof to the

res5ondent in person) or) if he or she or she refuses to receie and sign for

it) b' tendering it to him. $


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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% *' leaing the copies at res5ondentKs office or regularplace of business with some competent person in charge

thereof. co95etent 5erson includes one @ho

custo9aril receives corres5ondence for theres5ondent. $6a%

SEC" #$"4" S>9c ;2n c2n60 2 >c2>,. E "here the summons

could not be sered personall' or b' substituted serice despite diligent

efforts within a reasonable period of time) or the aderse part' is a resident

of the !hilippines temporaril' absent therefrom or is a nonresident thereof)

serice of summons ma' be made upon the counsel of record of thedefendant regardless of an' limitations in his or her appearance.

7-C. 13.=. S>9c < ;0ca/2n. E "hen serice 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 foracop' from the proper court. $n%

SEC" #$"#-" S>9c ;2n n//< @/2/ 8>,ca0 ;>62na0/9c ;2n ;>62n>6. ? "hen the res5ondent is aprisoner confined in a 5ail or institution) serice shall be effected upon him

or her b' the officer haing 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%


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SEC" #$"#*" S>9c ;2n ?n2>6 an, nc2?;/n/6. = "hen the

res5ondent is a minor) insane or otherwise an incompetent) serice 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)

serice ma' also be made on his or her father or mother. $14a%

SEC" #$"#$. S>9c ;2n ,2?6/c ;>9a/ 8>,ca0 n//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% 5ersonal service coursed throu7h the a55ro5riate

court in the forei7n countr @ith the assistance of the

De5art9ent of Forei7n ffairsA

$b% 5u8lication once in a ne@s5a5er of 7eneralcirculation 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 no@n

address of the res5ondentA

$c% facsi9ile or an reco7niAed electronic 9eans that

could 7enerate 5roof of serviceA or


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$d% such other 9eans as the court 9a in its discretion

direct. $12a%

SEC" #$"#1. S>9c ;2n ;0c c2>;2>a/2n6. ? "hen the

res5ondent is the Republic of the !hilippines) serice ma' be effected on

the 7olicitor #eneralA in case of a proince) cit' or municipalit') or likepublic corporations) serice ma' be effected on its executie head) or on

such other officer or officers as the law or the court ma' direct. $13a%

SEC" #$"#3. S>9c ;2n respondent @26 ,n//< 2>

@>a2/6 a> nn2@n. = In an' action where the res5ondent is

designated as an unknown owner) or the like) or wheneer his or her

whereabouts are unknown and cannot be ascertained b' diligent inBuir')

serice ma') b' leae 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. Insuch a case= onl the 8asic co95laint or 5etition= @ithout

the annea/>>/2>a0 6>9c. = "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 excludingtheres5ondent from an' interest therein) orthe propert' of the res5ondent has been attached within the !hilippines)

serice ma') b' leae of court) be effected out of the !hilippines b' personal

serice as under 7ection 13.


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SEC" #$"#." La9 2 C2>/. = ,n' application to the court under

this Rule for leae to effect serice in an' manner for which leae of court is

necessar' shall be made b' motion in writing) supported b' affidait of the

5etitioner or some person on his or her behalf) setting forth the grounds for

the application. $16a%

SEC" #$"*-" P>22 2 6>9c. = The proof of serice of a summons

shall be made in writing b' the serer and shall set forth the manner) place)

and date of sericeA shall specif' an' papers which hae been sered with

the process and the name of the person who receied the sameA and shallbe

sworn to when made b' a person other than a sheriff or his or her deput'.

$1>%

SEC" #$"*#" P>22 2 6>9c < ;0ca/2n. ? If the serice hasbeen made b' publication) serice ma' be proed b' the affidait of the

5u8lisher) editor) business or adertising manager) to which affidait a cop'

of the publication shall be attached) and b' an affidait showing the deposit

of a cop' of the summons and order for publication in the post office)

postage prepaid) directed to the res5ondentb' registered mail to his or her

last known address" $1=a%

SEC" #$"*-" V20n/a>< a;;a>anc. ? The res5ondentKs oluntar'

appearance in the action shall be eBuialent to serice of summons. The

inclusion in an answer of grounds such as lack of 5urisdiction oer theperson of the res5ondent shall not be deemed a oluntar' appearance. $24a%

Rule #0

PRELI+INR, CONFERENCE %N&

SECTION #0"#" P20c< 2 /6 R0. ? It is the polic' of this Rule)

in relation to rule on acetoace 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 affidaits and documents that

eidence 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'


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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

collectie effort to search for truth and to render 5usticeto allA

$c% -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

$d% Fake maximum use of the court9s time and shorten trial

without sacrificing the Bualit' of hearing and

ad5udicationA

$e% ,ssist the court with work that the parties and theircounsel can properl' perform and thus enable the 5udge

to attend to other important mattersA and

$f% Raise the leel 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.

Sec" #0"*" Man,a/2>< ,6c026> 2 9,nc. EThe parties shall

submit to the court and disclose to each other earl' in the proceedings all the

eidence in the case that are known and aailable to them.

$a% or this purpose) the court shall) ?2/ ;>2;>2 or on

motion after the issueshae been 5oined b' the filing of

the last pleading in the case) gie notice to the parties to

simultaneousl' submit to the court within thirt' da's

from notice and sere upon each other) the following@

1. The 5udicial affidaits of their witnesses in support

of their allegations) which shall take the place of

such witnesses9 direct testimoniesA and

2. The parties9 documentar' or ob5ect eidence) if

an') which shall be attached to the 5udicial

affidaits) identified and marked as -xhibits C) C

1) C2) and so on in the case of the complainant) !)

!1) !2) and so on in the case of the plaintiff or


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petitioner) -xhibits R1) R2) R3) and so on in the

case of the respondent) or -xhibits ) 1) 2)

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 affidaits respecting matters not touched b' his

or her initial ones within fifteen da's of his or her receipt

of the aderse part'9s 5udicial affidaits. No further

5udicial affidait ma' be submitted without prior leae of

court which is to be granted onl' on 5ustifiable grounds.

$c% 7hould a part' or a witness desire to keep the original

document or ob5ect eidence 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 affidait that the cop' or reproduction

attached to such affidait is a faithful cop' orreproduction of the original. In addition) the part' or

witness shall bring to court the original document or

ob5ect eidence for a sideline comparison b' the aderse

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 waied) such secondar' eidence shall

not be admitted. This is without pre5udice to the

introduction of secondar' eidence in place of the

original when allowed b' existing rules.

$d% If the goernment emplo'ee or official or the reBuested

witness) who is neither the witness of the aderse part'

nor a hostile witness) un5ustifiabl' declines to execute a

5udicial affidait or refuses without 5ust cause to make

the releant books) documents) or other things under his

or her control aailable for cop'ing) authentication) and

eentual production in court) the reBuesting part' ma'

aail himself of the issuance of a subpoena a,

/6/can,? or ,c6 /c? under Rule 21 of the Rules

of Court. The part' reBuesting the issuance of a

subpoena shall bear the cost of its personal serice upon

the witness) the responsibilit' for ensuring that such


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serice is made) and the witness9 expense for appearing

before the law'er who will prepare his or her 5udicial

affidait or superise its preparation.

$e% , part' who fails to submit the reBuired 5udicial

affidaits and exhibits when due shall be deemed to haewaied their submission. 7till) the court ma') for good

cause shown and not later than fifteen da's from receipt

of the aderse part'9s 5udicial affidaits 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 proided the defaulting part' or his or

her counsel) whoeer 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.$f% In case a part' submits 5udicial affidaits that do not

conform to the contentreBuirements 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') howeer) allow but once and for

good cause shown the subseBuent submission of the

compliant replacement affidaits within ten da's of

receipt of the exclusion order. The court ma') if no good

cause is shown) still allow such subseBuent submission

proided the erring part' orhisor her counsel) whoeer

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.

$g% The direct testimon' of a witness shall be deemed offered

and admitted upon submission in court of his or her

5udicial affidait) sub5ect to motions for exclusion of

inadmissible testimonies at the appropriate time and to

the examination of such witness. The documents and

ob5ect eidence that the parties preiousl' 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


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motions for exclusion at the appropriate time and to the

examination of the witness.

SEC" #0"$" U6 2 c>/an ,6c29>< ;>2c,>6. ? , part' who

desires to aail himself or herself of interrogatories to parties) reBuests foradmissions) 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 hae waied his or her right to aail himself

of these modes of discoer'. 7uch part' shall take steps to complete the

process and submit the material portions of the record of the proceedings)

preiousl' undiclosed documents or facts) and the necessar' 5udicial

affidaits pertaining to the fruits of the discoer') whether faorable to him

or her or not) also within sixt' $


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eidence of the parties presentA


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deemed to hae waied 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 thecomment) the court shallprepare a final ersion of the Terms of Reference) using

the draft that petitioner9s counsel prepared and taking

into account the comment of respondent9s counsel.

$h% 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.

SEC" #0"1" R>>a0 /2 / Pa>n: B>anc 2> J,ca0 D6;/R620/2n. 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) gie notice to both parties and

counsel to appear before such pairing branch on a date and time preiousl'

agreed on b' phone calls or electronic message serices for a 5udicial dispute

resolution conference) wherein each 5udge) acting as a mediator) shall exert

eer' suitable effort to amicabl' settle the case) using his or her knowledge

of the parties9 relatie positions based on the Terms of Reference attached to

the record forwarded to it. The pairing branch9s success in this regard shallbe made part of his or her record of accomplishment for the particular 'ear.

$n%

SEC" #0"3"N2/c 2 P>0?na>< C2n>nc. ? The branch clerk of

court shall) upon failure of the 5udicial dispute reolution to settle the case

and the eentual return of the record from the pairing branch) sere copies of

the same on the parties through their counsel) reBuiring both parties and

counselto appear before the court for a preliminar' conference on a date and

time the' shall hae preiousl' agreed on b' phone calls or electronic

message serices. It shall be the dut' of counsel to promptl' inform theirrespectie clients regarding the setting and the need for them to be present as

well.

SEC" #0")" A;;a>anc 2 ;a>/6. ? It shall be the dut' of the

parties and their counsel to appear at the preliminar' conference. , part'9s

nonappearance ma' be excused onl'foralid cause shown or if he or she

or she is represented b' another who is full' authori0ed to act on his behalf


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respecting all the matters sub5ect of the conference.

SEC" #0"4"Dc62n < ,a0/ a:an6/ a6n/. ? In the eent 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 eidence the latter shall hae alread' submitted.

SEC" #0"."Dc62n < ,a0/ @n 6/ a6,. ? The court ma')

howeer) set aside a 5udgment rendered under 7ection aboe 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 aderse part' that his failure to

compl' with what was reBuired of him or her has been due to extrinsic fraud

or unaoidable accident. 8nl' when the ground is clearl' meritorious will

the court grant the motion. It ma' at its discretion) howeer) where theground is not clearl' meritorious) still grant the motion but upon pa'ment b'

the defaulting part' or his counsel) whoeer ma' appear at fault) of a fine of

not lessthan! 1)444.44 nor more than ! ;)444.44.

SEC" #0"#-" Ma//>6 /2 /an ; a/ / ;>0?na>< c2n>nc. ?

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 9aechan7es 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"

$b% If a part' insists that the court tr' an excluded issue) thecourt shall hae the same included for trial proided such

part' makes a deposit for court costs amounting to notless than ! 14)444.44 nor more than ! ;4)444.44 at the

discretion of the court. 7hould the trial court or) onappeal) a higher court find the additional issue a shamissue) it sha

05202013 CivPro First Draft

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