1997 Rules of Civil Procedure asawasda

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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 andpromulgates the folloing rules concerning the protection and enforcement of constitutional rights, pleading, practice

and procedure in all courts, the admission to the practice of la, the Integrated !ar, and legal assistance to theunderprivileged"

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 as otherise provided by theSupreme Court# (n)

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

(a) A civil action is one by hich a party sues another for the enforcement or protection of a right, or theprevention 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 herein provided for, ecept by analogy or in a

suppletory character and henever practicable and convenient# (&-.a)

Se%&#!n +' Commen&ement of a&tion# $ A civil action is commenced by the filing of the original complaint in court# Ifan 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 of hether the motion for its admission, if necessary, is denied by thecourt# (/a)

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



Se%&#!n ' Representati(es as parties# $ 2here the action is alloed to be prosecuted and defended by arepresentative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case andshall 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 forthe benefit of an undisclosed 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 suedith 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 to relief in respect to orarising out of the same transaction or series of transactions is alleged to eist, hether +ointly, severally, or in thealternative, may, ecept as otherise provided in these &ules, +oin as plaintiffs or be +oined as defendants in one

complaint, here any 9uestion of la or fact common to all such plaintiffs or to all such defendants may arise in theaction1 but the court may ma'e such orders as may be +ust to prevent any plaintiff or defendant from beingembarrassed or put to epense in connection ith any proceedings in hich he may have no interest# (/n)

Se%&#!n 7' Compulsory +oinder of indispensa'le parties# $ Parties in interest ithout hom no final determinationcan 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 ought to be +oined as aparty 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 asserteda 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 necessaryparty if +urisdiction over his person may be obtained#

%he failure to comply ith the order for his inclusion, ithout +ustifiable cause, shall be deemed a aiver of the claimagainst such party#

%he non6inclusion of a necessary party does not prevent the court from proceeding in the action, and the +udgmentrendered therein shall be ithout pre+udice to the rights of such necessary party# (;a, <a)

Se%&#!n 12' n%illing &o-plaintiff. $ If the consent of any party ho should be +oined as plaintiff can not be obtained,he may be made a defendant and the reason therefor shall be stated in the complaint# (=)

Se%&#!n 11' Mis+oinder and non-+oinder of parties# $ >either mis+oinder nor non6+oinder of parties is ground fordismissal 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 severedand 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 manypersons 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 in interest 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 torelief, 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)

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 pleading must be amended accordingly# (-)



Se%&#!n 1+' ntity %ithout +uridi&al personality as defendant # $ 2hen to or more persons not organied as an entityith +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 party 1 duty of &ounsel # $ 2henever a party to a pending action dies, and the claim is notthereby etinguished, it shall be the duty of his counsel to inform the court ithin 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 tocomply 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 re9uiring the appointment of aneecutor 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 aperiod 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 appearithin 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 the deceased and the latter shall immediately appear for and onbehalf of the deceased# %he court charges in procuring such appointment, if defrayed by the opposing party, may berecovered 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 a party in an action inhis 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 orsuch time as may be granted by the court, it is satisfactorily shon to the court by any party that there is a substantialneed for continuing 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, the party or officer to be affected,unless epressly assenting thereto, shall be given reasonable notice 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 byhis legal guardian or guardian ad litem# (<a)

Se%&#!n 19' #ransfer of interest # $ In case of any transfer of interest, the action may be continued by or against theoriginal 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 money arising 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 dismissed but 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 parte application and hearing, is satisfied that the party is one ho has no money or propertysufficient 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 ofstenographic notes hich the court may order to be furnished him# %he amount of the doc'et and other laful feeshich 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 other laful fees shall be assessed and collected by the cler' of court# Ifpayment 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, shallbe commenced and tried in the proper court hich has +urisdiction over the area herein the real property involved,

or a portion thereof, is situated#

?orcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or cityherein 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 ofthe principal plaintiffs resides, or here the defendant or any of the principal 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 thePhilippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in thePhilippines, the action may be commenced and tried in the 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 the eclusive venuethereof# (.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 impliedly applies 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, and 3unicipal Circuit %rial Courts# (a)



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

RULE

5#n$ O0 Pea#n4$

Se%&#!n 1' Pleadings defined # $ Pleadings are the ritten statements of the respective claims and defenses of theparties 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 the pleading of theclaimant essential to his cause or causes of action#

(b) An affirmative defense is an allegation of a ne matter hich, hile hypothetically admitting the materialallegations in the pleading of the claimant, ould nevertheless prevent or bar recovery by him# %he

affirmative defenses include fraud, statute of limitations, 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 opposingparty# (/a)

Se%&#!n 7' Compulsory &ounter&laim# $ A compulsory counterclaim is one hich, being cogniable by the regularcourts of +ustice, arises out of or is connected ith the transaction or occurrence constituting the sub+ect matter of theopposing partys claim and does not re9uire for its ad+udication the presence of third parties of hom the court cannot

ac9uire +urisdiction# Such a counterclaim must be ithin the +urisdiction of the court both as to the amount and thenature 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 out of the transaction oroccurrence 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 aclaim asserted in the action against the cross6claimant# (:)

Se%&#!n 9' Counter-&ounter&laims and &ounter-&ross&laims# $ A counter6claim may be asserted against an originalcounter6claimant#

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 allege facts in denial oravoidance 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, such claims shall be set forthin an amended or supplemental complaint# ()

Se%&#!n 11' #hird, 5fourth, et&.67party &omplaint # $ A third (fourth, etc#) $ party complaint is a claim that adefending 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 re9uiredfor the granting of complete relief in the determination of a counterclaim 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 inhis anser his defenses, counterclaims or cross6claims, including such defenses that the third (fourth, etc#) $ party

plaintiff may have against the original plaintiffs claim# In proper cases, he may also assert a counterclaim against theoriginal 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 ifassigned#

%he title of the action indicates the names of the parties# %hey shall all be named in the original complaint or petition1but in subse9uent pleadings, it shall be sufficient if the name of the first party 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 ordefenses, the relief prayed for, and the date of the pleading# (n)

(a) Paragraphs# $ %he allegations in the body of a pleading shall be divided into paragraphs so numberedto 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 paragraph may be referred to by its number in all succeedingpleadings# (.a)

(b) eadings# $ 2hen to or more causes of action are +oined the statement of the first shall be prefacedby 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 thecomplaint, they shall be prefaced by the ords anser to the first cause of action or anser to the secondcause of action and so on1 and hen one or more paragraphs 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 orother 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 not interposed for delay#

An unsigned pleading produces no legal effect# 8oever, the court may, in its discretion, allo such deficiency to beremedied 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 pleading in violation of this &ule, or alleges scandalous or indecentmatter 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 underoath, verified or accompanied by affidavit #(5a)

A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true andcorrect 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 be treated as an unsigned pleading# (/a)

Se%&#!n +' Certifi&ation against forum shopping # $ %he plaintiff or principal party shall certify under oath in thecomplaint 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 commenced any action or filed any claim involving thesame issues in any court, tribunal or 9uasi6+udicial agency and, to the best of his 'noledge, no such other action orclaim is pending therein1 (b) if there is such other pending action or claim, a complete statement of the present statusthereof1 and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, heshall report that fact ithin five (5) days therefrom to the court herein his aforesaid complaint or initiatory pleading

has been filed#

?ailure to comply ith the foregoing re9uirements shall not be curable by mere amendment of the complaint or otherinitiatory pleading but shall be cause for the dismissal of the case ithout pre+udice, unless otherise provided, upon

motion and after hearing# %he submission of a false certification or non6compliance ith any of the underta'ingstherein shall constitute indirect contempt of court, ithout pre+udice to the corresponding administrative and criminal

actions# If the acts of the party or his counsel clearly constitute illful and deliberate forum shopping, the same shallbe ground for summary dismissal ith pre+udice and shall constitute direct contempt, as ell as a cause foradministrative sanctions# (n)

RULE

Manner !0 Ma6#n4 Ae4a&#!n$ #n Pea#n4$

Se%&#!n 1' $n general # $ 0very pleading shall contain in a methodical and logical form, a plain, concise and directstatement of the ultimate facts on hich the party pleading relies for his claim or defense, as the case may be,

omitting the statement of mere evidentiary facts# ()

If a defense relied on is based on la, the pertinent provisions thereof and their applicability to him shall be clearlyand concisely stated# (n)

Se%&#!n ' Alternati(e &auses of a&tion or defenses# $ A party may set forth to or more statements of a claim ordefense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or

defenses# 2hen to or more statements are made in the alternative and one of them if made independently ould besufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements# (*)



Se%&#!n ' Conditions pre&edent # $ In any pleading a general averment of the performance or occurrence of allconditions precedent shall be sufficient# (.)

Se%&#!n *' Capa&ity # $ ?acts shoing the capacity of a party to sue or be sued or the authority of a party to sue orbe sued in a representative capacity or the legal eistence of an organied association of person that is made a party,must be averred# A party desiring to raise an issue as to the legal eistence of any party or the capacity of any party

to sue or be sued in a representative capacity, shall do so by specific denial, hich shall include such supporting

particulars as are peculiarly ithin the pleaders 'noledge# (-)

Se%&#!n +' 9raud, mista/e, &ondition of the mind # $ In all averments of fraud or mista'e the circumstancesconstituting 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+udicialtribunal, or of a board or officer, it is sufficient to aver the +udgment or decision 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 based upon a ritteninstrument or document, the substance of such instrument or document shall be set forth in the pleading, and theoriginal 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 be set 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 admitted unless 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 partydoes 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 thedocument as issued or the act done in compliance ith la# (<)

Se%&#!n 12' Spe&ifi& denial # $ A defendant must specify each material allegation of fact the truth of hich he doesnot admit and, henever practicable, shall set forth the substance of the matters upon hich he relies to support his

denial# 2here a defendant desires to deny only a part of an averment, he shall specify so much of it as is true andmaterial and shall deny only the remainder# 2here a defendant is ithout 'noledge or information sufficient to forma belief as to the truth of a material averment made to the complaint, he shall so state, and this shall have the effect

of a denial# (=a)

Se%&#!n 11' Allegations not spe&ifi&ally denied deemed admitted # $ 3aterial averment in the complaint, other thanthose as to the amount of unli9uidated damages, shall be deemed admitted hen not specifically denied# Allegations

of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath# (a, &<)

Se%&#!n 1' Stri/ing out of pleading or matter &ontained therein# $ 7pon motion made by a party before respondingto a pleading or, if no responsive pleading is permitted by these &ules, upon motion made by a party ithin tenty(*=) days after the service of the pleading upon him, or upon the courts on initiative at any time, the court may

order any pleading to be stric'en out or that any sham or false, redundant, immaterial, impertinent, or scandalousmatter be stric'en out therefrom# (5, &<)

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 todismiss or in the anser are deemed aived# 8oever, hen it appears from the pleadings or the evidence on record



that the court has no +urisdiction over the sub+ect matter, that there is another action pending beteen the sameparties 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 compulsory counterclaim, or a cross6claim, not set up shall be barred# (-a)

Se%&#!n ' 1efault 1 de&laration of. $ If the defending party fails to anser ithin the time alloed therefor, the courtshall, 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 ashis pleading may arrant, unless the 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 butnot 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 of default 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 the interest of +ustice# (.a, &;)

(c) ffe&t of partial default # $ 2hen a pleading asserting a claim states a common cause of action againstseveral 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 theamount 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 or declaration of nullity ofmarriage 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 inorder to see to it that the evidence submitted is not fabricated# (/a, &;)

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 thename of any party, or by correcting a mista'e in the name of a party or a mista'en or inade9uate allegation or

description in any other respect, so that the actual merits of the controversy may speedily be determined, ithoutregard 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 matter of right at any timebefore 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, substantialamendments 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 the matters provided in this section shall be madeupon 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 ortypographical 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 thepleadings 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 the pleadings as may be necessary to cause them to conformto the evidence and to raise these issues may be made upon motion of any party at any time, even after +udgment1but failure to amend does not effect the result of the trial of these issues# If evidence is ob+ected to at the trial on theground that it is not ithin the issues made by the pleadings, the court may allo the pleadings to 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 reasonable notice and upon suchterms 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 to be supplemented# %he adverse party may plead theretoithin ten (=) days from notice of the order 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)

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 be deemed 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 complaint ithin fifteen (5) daysafter 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 +uridicalentity and service of summons is made on the government official designated 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, thedefendant shall anser the same ithin fifteen (5) days after being served ith a copy thereof#

2here its filing is not a matter of right, the defendant shall anser the amended complaint ithin ten (l=) days fromnotice 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 complaintshall 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 ansered ithin ten (=) daysfrom 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)



Se%&#!n ' 2isting &ounter&laim or &ross-&laim# $ A compulsory counterclaim or a cross6claim that a defendingparty has at the time he files his anser shall be contained therein# (;a, &/)

Se%&#!n 9' Counter&laim or &ross-&laim arising after ans%er # $ A counterclaim or a cross6claim hich either maturedor as ac9uired by a party after serving his pleading may, ith the permission of the court, be presented as a

counterclaim or a cross6claim by supplemental pleading before +udgment# (<, &/)

Se%&#!n 12' )mitted &ounter&laim or &ross-&laim# $ 2hen a pleader fails to set up a counterclaim or a cross6claimthrough oversight, inadvertence, or ecusable neglect, or hen +ustice re9uires, he may, by leave of court, set up the

counterclaim or cross6claim by amendment before +udgment# (., &<)

Se%&#!n 11' 2tension of time to plead # $ 7pon motion and on such terms as may be +ust, the court may etend thetime to plead provided in these &ules#

%he court may also, upon li'e terms, allo an anser or other pleading to be filed after the time fied by these &ules#(:)

RULE 1

:# !0 Par&#%/ar$

Se%&#!n 1' hen applied for 1 purpose# $ !efore responding to a pleading, a party may move for a definite statementor for a bill of particulars of any matter hich is not averted ith sufficient definiteness or particularity to enable himproperly to prepare his responsive pleading# If the pleading is a reply, the motion must be filed ithin ten (=) days

from service thereof# Such motion shall point out the defects complained of, the paragraphs herein they arecontained, and the details desired# (a)

Se%&#!n ' A&tion 'y the &ourt # $ 7pon the filing of the motion, the cler' of court must immediately bring it to theattention of the court hich may either deny or grant it outright, or allo the parties the opportunity to be heard# (n)

Se%&#!n ' Complian&e %ith order # $ If the motion is granted, either in hole or in part, the compliance thereith

must be effected ithin ten (=) days from notice of the order, unless a different period is fied by the court# %he bill ofparticulars or a more definite statement ordered by the court may be filed either in a separate or in an amended

pleading, serving a copy thereof on the adverse party# (n)

Se%&#!n *' ffe&t of non-&omplian&e# $ If the order is not obeyed, or in case of insufficient compliance thereith, thecourt may order the stri'ing out of the pleading or the portions thereof to hich the order as directed or ma'e such

other order as it deems +ust# (cBa)

Se%&#!n +' Stay of period to file responsi(e pleading # $ After service of the bill of particulars or of a more definitepleading, 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 hich it 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 servicethereof, 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' ofcourt#

Service is the act of providing a party ith a copy of the pleading or paper concerned# If any party has appeared bycounsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself isordered 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 the opposite side# (*a)

Se%&#!n ' Manner of filing # $ %he filing of pleadings, appearances, motions, notices, orders, +udgments and all otherpapers shall be made by presenting the original copies thereof, plainly indicated 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 dateand hour of filing# In the second case, the date of the mailing of motions, pleadings, or any other papers or paymentsor deposits, as shon by the post office stamp on the envelope or the registry receipt, shall be considered 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 thecomplaint, ritten motion, notice, appearance, demand, offer of +udgment or similar 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 bemade either personally or by mail# (.a)

Se%&#!n ' Personal ser(i&e# $ Service of the papers may be made by delivering personally a copy to the party or hiscounsel, 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 themorning and si in the evening, at the partys or counsels residence, if 'non, ith a person of sufficient age and

discretion then residing therein# (-a)

Se%&#!n 7' Ser(i&e 'y mail # $ Service by registered mail shall be made by depositing the copy in the post office in asealed envelope, plainly addressed to the party or his counsel at his office, if 'non, otherise at his residence, if'non, ith postage fully prepaid, and ith instructions to the postmaster to return the mail to the sender after ten

(=) days if undelivered# If no registry service is available in the locality of either the senders or the addressee,service may be done by ordinary mail# (5a1 !ar 3atter >o# ;=., : ?ebruary <<;)

Se%&#!n ' Su'stituted ser(i&e# $ If service of pleadings, motions, notices, resolutions, orders and other paperscannot be made under the to preceding sections, the office and place of residence of the party or his counsel beingun'non, service may be made by delivering the copy to the cler' of court, ith proof of failure of both personal

service and service by mail# %he service is complete at the time of such delivery# (/a)

Se%&#!n 9' Ser(i&e of +udgments, final orders, or resolutions# $ Eudgments, final orders or resolutions shall be servedeither personally or by registered mail# 2hen a party summoned by publication has failed to appear in the action,

+udgments, final orders or resolutions against him shall be served upon him also by publication at the epense of theprevailing party# (:a)

Se%&#!n 12' Completeness of ser(i&e# $ Personal service is complete upon actual delivery# Service by ordinary mailis complete upon the epiration of ten (=) days after mailing, unless the court otherise provides# Service by

registered mail is complete upon actual receipt by the addressee, or after five (5) days from the date he received thefirst notice of the postmaster, hichever date is earlier# (;a)

Se%&#!n 11' Priorities in modes of ser(i&e and filing # $ 2henever practicable, the service and filing of pleadings andother papers shall be done personally# 0cept ith respect to papers emanating from the court, a resort to other

modes must be accompanied by a ritten eplanation hy the service or filing as not done personally# A violation ofthis &ule may be cause to consider the paper as not filed# (n)

Se%&#!n 1' Proof of filing # $ %he filing of a pleading or paper shall be proved by its eistence in the record of thecase# If it is not in the record, but is claimed to have been filed personally, the filing shall be proved by the ritten orstamped ac'noledgment of its filing by the cler' of court on a copy of the same1 if filed by registered mail, by the

registry receipt and by the affidavit of the person ho did the mailing, containing a full statement of the date and place



of depositing the mail in the post office in a sealed envelope addressed to the court, ith postage fully prepaid, andith instructions to the postmaster to return the mail to the sender after ten (=) days if not delivered# (n)

Se%&#!n 1' Proof of Ser(i&e# $ Proof of personal service shall consist of a ritten admission of the party served, orthe official return of the server, or the affidavit of the party serving, containing a full statement of the date, place andmanner of service# If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of

facts shoing compliance ith section : of this &ule# If service is made by registered mail, proof shall be made by

such affidavit and the registry receipt issued by the mailing office# %he registry return card shall be filed immediatelyupon its receipt by the sender, or in lieu thereof the unclaimed letter together ith the certified or sorn copy of the

notice given by the postmaster to the addressee# (=a)

Se%&#!n 1*' Noti&e of lis pendens# $ In an action affecting the title or the right of possession of real property, theplaintiff and the defendant, hen affirmative relief is claimed in his anser, may record in the office of the registry ofdeeds of the province in hich the property is situated notice of the pendency of the action# Said notice shall contain

the names of the parties and the ob+ect of the action or defense, and a description of the property in that provinceaffected thereby# 4nly from the time of filing such notice for record shall a purchaser, or encumbrancer of the property

affected thereby, be deemed to have constructive notice of the pendency of the action, and only of its pendencyagainst the parties designated by their real names#

%he notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court, after propershoing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the

rights of the rights of the party ho caused it to be recorded# (*-a, &6-)

RULE 1*

S/33!n$

Se%&#!n 1' Cler/ to issue summons# $ 7pon the filing of the complaint and the payment of the re9uisite legal fees,the cler' of court shall forthith issue the corresponding summons to the defendants# (a)

Se%&#!n ' Contents# $ %he summons shall be directed to the defendant, signed by the cler' of court under seal andcontain (a) the name of the court and the names of the parties to the action1 (b) a direction that the defendant anserithin the time fied by these &ules1 (c) a notice that unless the defendant so ansers plaintiff ill ta'e +udgment by

default and may be granted the relief applied for#

A copy of the complaint and order for appointment of guardian ad litem if any, shall be attached to the original andeach copy of the summons# (.a)

Se%&#!n ' By %hom ser(ed # $ %he summons may be served by the sheriff, his deputy, or other proper court officer,or for +ustifiable reasons by any suitable person authoried by the court issuing the summons# (5a)

Se%&#!n *' Return# $ 2hen the service has been completed, the server shall, ithin five (5) days therefrom, serve acopy of the return, personally or by registered mail, to the plaintiffs counsel, and shall return the summons to the

cler', ho issued it, accompanied by proof of service# (/a)

Se%&#!n +' $ssuan&e of alias summons# $ If a summons is returned ithout being served on any or all of thedefendants, the server shall also serve a copy of the return on the plaintiffs counsel, stating the reasons for thefailure of service, ithin five (5) days therefrom# In such a case, or if the 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 acopy thereof to the defendant in person, or, if he refuses to receive and sign for 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 timeas provided in the preceding section, service may be effected (a) by leaving copies of the summons at the



defendants residence ith some person of suitable age and discretion then residing therein, or (b) by leaving thecopies 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 an entity ithout +uridicalpersonality are sued under the name by hich they are generally or commonly 'non, service may be effected uponall the defendants by serving upon any one of them, or upon the person in charge of the office or place of businessmaintained 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# (<a)

Se%&#!n 9' Ser(i&e upon prisoners# $ 2hen the defendant is a prisoner confined in a +ail or institution, service shallbe effected upon him by the officer having the management of such +ail or institution ho is deemed deputied as a

special sheriff for said purpose# (*a)

Se%&#!n 12' Ser(i&e upon minors and in&ompetents# $ 2hen the defendant is a minor, insane or otherise anincompetent, service shall be made upon him personally and on his legal guardian if he has one, or if none his

guardian ad litem hose appointment shall be applied for by the plaintiff# In the case of a minor, service may also bemade on his father or mother# (l=a, a)

Se%&#!n 11' Ser(i&e upon domesti& pri(ate +uridi&al entity # $ 2hen the defendant is a corporation, partnership orassociation organied under the las of the Philippines ith a +uridical personality, service may be made on the

president, managing partner, general manager, corporate secretary, treasurer, or in6house counsel# (.a)

Se%&#!n 1' Ser(i&e upon foreign pri(ate +uridi&al entities# $ 2hen the defendant is a foreign private +uridical entityhich has transacted business in the Philippines, service may be made on its resident agent designated in

accordance ith la for that purpose, or, if there be no such agent, on the government official designated by la tothat effect, or on any of its officers or agents ithin the Philippines# (-a)

Se%&#!n 1' Ser(i&e upon pu'li& &orporations# $ 2hen the defendant is the &epublic of the Philippines, service maybe effected on the Solicitor @eneral1 in case of a province, city or 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 any action here thedefendant is designated as an un'non oner, or the li'e, or henever his hereabouts are un'non and cannot beascertained by diligent in9uiry, service may, by leave of court, 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, andthe action affects the personal status of the plaintiff or relates to, or the sub+ect of hich is, property ithin thePhilippines, in hich the defendant has or claims a lien or 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 thedefendant has been attached ithin the Philippines, service may, by leave of court, be effected out of the Philippinesby 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 and order of the court shall be sent byregistered 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 a reasonable 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 of it, service may, by leave of court, be alsoeffected out of the Philippines, as under the preceding section# (;a)

Se%&#!n 17' <ea(e of &ourt # $ Any application to the court under this &ule for leave to effect service in any mannerfor hich leave of court is necessary shall be made by motion in riting, supported by affidavit of the plaintiff or some

person on his behalf, setting forth the grounds for the application# (<)

Se%&#!n 1' Proof of ser(i&e# $ %he proof of service of a summons shall be made in riting by the server and shallset forth the manner, place, and date of service1 shall specify any papers hich have been served ith the process



and the name of the person ho received the same1 and shall be sorn to hen made by a person other than asheriff or his deputy# (*=)

Se%&#!n 19' Proof of ser(i&e 'y pu'li&ation# $ If the service has been made by publication, service may be proved bythe affidavit of the printer, his foreman or principal cler', or of the editor, business or advertising manager, to hich

affidavit a copy of the publication shall be attached and by an affidavit shoing the deposit of a copy of the summonsand order for publication in the post office, postage prepaid, directed to the defendant by registered mail to his last

'non address# (*)

Se%&#!n 2' 4oluntary appearan&e# $ %he defendants voluntary appearance in the action shall be e9uivalent toservice of summons# %he inclusion in a motion to dismiss of other grounds aside 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 thecourse of a hearing or trial# (*a)

Se%&#!n ' Contents# $ A motion shall state the relief sought to be obtained and the grounds upon 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 ofthe adverse party, every ritten motion shall be set for hearing by the applicant#

0very ritten motion re9uired to be heard and the notice of the hearing thereof shall be served in such a manner asto 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 specifythe 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 upon by the court ithoutproof of service thereof# (/a)

Se%&#!n 7' Motion day # $ 0cept for motions re9uiring immediate action, all motions shall be scheduled for hearingon ?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 <, a motion attac'ing a pleading, order, +udgment, or proceeding shall include all ob+ections then available, and all ob+ections not so included shall be

deemed aived# (;a)

Se%&#!n 9' Motion for lea(e# $ A motion for leave to file a pleading or motion shall be accompanied by the pleadingor motion sought to be admitted# (n)

Se%&#!n 12' 9orm# $ %he &ules applicable to pleadings shall apply to ritten motions so far as concerns caption,designation, signature, and other matters of form# (<a)



RULE 1

M!&#!n &! D#$3#$$

Se%&#!n 1' rounds# $ 2ithin the time for but before filing the anser to the complaint or pleading asserting a claim,a motion to dismiss may be made on any of the folloing grounds"

(a) %hat the court has no +urisdiction over the person of the defending party1

(b) %hat the court has no +urisdiction over the sub+ect matter of the claim1

(c) %hat venue is improperly laid1

(d) %hat the plaintiff has no legal capacity to sue1

(e) %hat there is another action pending beteen the same parties for the same cause1

(f) %hat the cause of action is barred by a prior +udgment or by the statute of limitations1

(g) %hat the pleading asserting the claim states no cause of action1

(h) %hat the claim or demand set forth in the plaintiffs pleading has been paid, aived, abandoned, orotherise etinguished1

(i) %hat the claim on hich the action is founded is enforceable under the provisions of the statute of frauds1and

(+) %hat a condition precedent for filing the claim has not been complied ith# (a)

Se%&#!n ' earing of motion# $ At the hearing of the motion, the parties shall submit their arguments on the9uestions of la and their evidence on the 9uestions of fact involved ecept those not available at that time# Should

the case go to trial, the evidence presented during the hearing shall automatically be part of the evidence of the party

presenting the same# (n)

Se%&#!n ' Resolution of Motion# $ After the hearing, the court may dismiss the action or claim, deny the motion, ororder the amendment of the pleading#

%he court shall not defer the resolution of the motion for the reason that the ground relied upon is not indubitable#

In every case, the resolution shall state clearly and distinctly the reasons therefor# (.a)

Se%&#!n *' #ime to plead # $ If the motion is denied, the movant shall file his anser ithin the balance of the periodprescribed by &ule to hich he as entitled at the time of serving his motion, but not less than five (5) days in anyevent, 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 courtprovides a longer period# (-a)

Se%&#!n +' ffe&t of dismissal # $ Sub+ect to the right of appeal, an order granting a motion to dismiss based onparagraphs (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 fordismissal 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 had thereon 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 orseparate 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 plaintiff by filing a notice ofdismissal 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 isithout pre+udice, ecept that a notice operates as an ad+udication upon the merits hen filed by a plaintiff ho has

once dismissed 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 bedismissed at the plaintiffs instance save upon approval of the court and upon 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 plaintiffsmotion for dismissal, the dismissal shall be limited to the complaint# %he dismissal shall be ithout pre+udice to the

right of the defendant 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 otherisespecified 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 thepresentation of his evidence in chief on the complaint, or to prosecute his 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 thedefendant or upon the courts on motion, ithout pre+udice to the right of the defendant to prosecute his

counterclaim in the same or in a separate action# %his dismissal shall have the effect of an ad+udication upon themerits, unless otherise declared by the court# (.a)

Se%&#!n *' 1ismissal of &ounter&laim, &ross-&laim, or third-party &omplaint # $ %he provisions of this &ule shall applyto the dismissal of any counterclaim, cross6claim, or third6party complaint# A voluntary dismissal by the claimant bynotice as in section of this &ule, shall be made 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)

1997 Rules of Civil Procedure asawasda

Documents

Transcript of 1997 Rules of Civil Procedure asawasda