58802004 Rules of Civil Procedure

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RULES OF CIVIL PROCEDURE

RULE 1

Sec. 2. In what courts applicable. — These Rules shall apply in all the courts, except as

otherwise provided by the Supree !ourt.

Sec. ". Cases governed . — These Rules shall #overn the procedure to be observed in actions,

civil or criinal, and special proceedin#s.

$a% & civil action is one by which a party sues another 'or the en'orceent or protection o' a

ri#ht, or the prevention or redress o' a wron#.

& civil action ay either be ordinary or special. (oth are #overned by the rules 'or ordinary civilactions, sub)ect to the speci'ic rules prescribed 'or a special civil action.

$b% & criinal action is one by which the State prosecutes a person 'or an act or oission punishable by law.

$c% & special proceedin# is a reedy by which a party see*s to establish a status, a ri#ht, or a particular 'act.

!ivil action + one by which a party sues another 'or the en'orceent or protection o' a ri#ht, or

the prevention or redress o' a wron#

!riinal action + one by which the State prosecutes a person 'or an act or oission punishable

by law.

Special proceedin# + a reedy by which a party see*s to establish a status, a ri#ht, or a particular

'act

Special civil actions are called so because special rules #overn.

Sec. . In what cases not applicable. — These Rules shall not apply to election cases, land

re#istration, cadastral, naturali-ation and insolvency proceedin#s, and other cases not herein provided 'or, except by analo#y or in a suppletory character and whenever practicable and

convenient.

!ases where the Rules apply only by analo#y or suppletorily

1. election cases2. land re#istration

". cadastral

. naturali-ation and



. insolvency proceedin#s, and

/. other cases not herein provided 'or

Sec. 5. Commencement of action. — & civil action is coenced by the 'ilin# o' the ori#inal

coplaint in court. 0' an additional de'endant is ipleaded in a later pleadin#, the action is

coenced with re#ard to hi on the date o' the 'ilin# o' such later pleadin#, irrespective o'

whether the otion 'or its adission, i' necessary, is denied by the court.

A. Ordinary Civil Actions (Rules !5"

#inds o$ actions

Real action + the sub)ect atter o' the action is real property $e.#. 'oreclosure o' real ort#a#e%

ersonal action + the sub)ect atter o' the action is personal property $e.#. 'oreclosure o' chattel

ort#a#e%

&ction in persona + the decision is en'orceable only a#ainst the parties

&ction in re + the decision is en'orceable a#ainst the whole world

&ction uasi in re + & real action ay still be an action in persona.

Rule

Section 1. Ordinary civil actions, basis of . — Every ordinary civil action ust be based on a

cause o' action.

Sec. . Cause of action, defined . — & cause o' action is the act or oission by which a party

violates a ri#ht o' another.

!&USE 34 &!T035 + act or oission by which a party violates a ri#ht o' another.

Sec. %. One suit for a single cause of action. — & party ay not institute ore than one suit 'or

a sin#le cause o' action.

Sec. &. Splitting a single cause of action; effect of . — 0' two or ore suits are instituted on the

basis o' the sae cause o' action, the 'ilin# o' one or a )ud#ent upon the erits in any one isavailable as a #round 'or the disissal o' the others.

& plainti'' can not split a sin#le cause o' action, but he ay )oin several causes o' action a#ainstthe sae de'endant, sub)ect to the 'ollowin# rules6

1. ust coply with the rules on )oinder o' parties



2. )oinder shall not include special civil actions or actions #overned by special rules $e.#.

suary procedure%

". where the causes o' action are between the sae parties but pertain to di''erent venues or )urisdictions, the )oinder ay be allowed in the RT! provided

a. one o' the causes o' action 'alls within the )urisdiction o' the RT! court and

b. the venue lies within such RT!

. where the clais in all the causes o' action are principally 'or recovery o' oney, the

a##re#ate aount claied shall be the test o' )urisdiction.

RULE % ' PARIES O CIVIL ACIO)S

Section 1. Who may be parties; plaintiff and defendant. — 3nly natural or )uridical persons, or

entities authori-ed by law ay be parties in a civil action. The ter 7plainti''8 ay re'er to theclaiin# party, the counter9claiant, the cross9claiant, or the third $'ourth, etc.%9party plainti''.

The ter 7de'endant8 ay re'er to the ori#inal de'endin# party, the de'endant in a counterclai,the cross9de'endant, or the third $'ourth, etc.%9party de'endant.

Sec. 2. Parties in interest. — & real party in interest is the party who stands to be bene'ited or

in)ured by the )ud#ent in the suit, or the party entitled to the avails o' the suit. Unless otherwise

authori-ed by law or these Rules, every action ust be prosecuted or de'ended in the nae o' thereal party in interest.

Sec. ". Representatives as parties. — :here the action is allowed to be prosecuted or de'ended

by a representative or soeone actin# in a 'iduciary capacity, the bene'iciary shall be included inthe title o' the case and shall be deeed to be the real party in interest. & representative ay be a

trustee o' an express trust, a #uardian, an executor or adinistrator, or a party authori-ed by law

or these Rules. &n a#ent actin# in his own nae and 'or the bene'it o' an undisclosed principal

ay sue or be sued without )oinin# the principal except when the contract involves thin#s belon#in# to the principal.

Sec. . pouses as parties. — ;usband and wi'e shall sue or be sued )ointly, except as provided

by law.

Sec. . !inor or incompetent persons. — & inor or a person alle#ed to be incopetent, ay

sue or be sued, with the assistance o' his 'ather, other, #uardian, or i' he has none, a #uardianad lite.

Rule on perissive )oinder o' parties + &ll persons in who or a#ainst who any ri#ht to relie'

in respect to or arisin# out o' the sae transaction or series o' transactions is alle#ed to exist,whether )ointly, severally, or in the alternative, ay )oin as plainti''s or be )oined as de'endants

in one coplaint, where any uestion o' law or 'act coon to all such plainti''s or to all such



de'endants ay arise in the action. <is)oinder o' causes o' action is not a #round to disiss a

case. The proper reedy is to severe the other cause o' action and to try separately. =Rule />

Sec. ?. Compulsory "oinder of indispensable parties. — arties in interest without who no 'inaldeterination can be had o' an action shall be )oined either as plainti''s or de'endants.

0ndispensable parties — parties in interest without who no 'inal deterination can be had o' an

action. 4ailure to iplead an indispensable party is #round to disiss the case.

5ecessary party + one who is not indispensable but who ou#ht to be )oined as a party i' coplete

relie' is to be accorded as to those already parties, or 'or a coplete deterination or settleento' the clai sub)ect o' the action. 4ailure to iplead a necessary party is a waiver o' the clai

a#ainst such party. 0t is not #round to disiss the case. =Sec. @>

Sec. A. #on$"oinder of necessary parties to be pleaded. — :henever in any pleadin# in which a

clai is asserted a necessary party is not )oined, the pleader shall set 'orth his nae, i' *nown,

and shall state why he is oitted. Should the court 'ind the reason 'or the oissionuneritorious, it ay order the inclusion o' the oitted necessary party i' )urisdiction over his

person ay be obtained.

The 'ailure to coply with the order 'or his inclusion, without )usti'iable cause, shall be deeed

a waiver o' the clai a#ainst such party.

The non9inclusion o' a necessary party does not prevent the court 'ro proceedin# in the action,

and the )ud#ent rendered therein shall be without pre)udice to the ri#hts o' such necessary party.

Sec. 1B. %nwilling co$plaintiff. — 0' the consent o' any party who should be )oined as plainti''can not be obtained, he ay be ade a de'endant and the reason there'or shall be stated in the

coplaint.

Sec. 11. !is"oinder and non$"oinder of parties. — 5either is)oinder nor non9)oinder o' partiesis #round 'or disissal o' an action. arties ay be dropped or added by order o' the court on

otion o' any party or on its own initiative at any sta#e o' the action and on such ters as are

)ust. &ny clai a#ainst a is)oined party ay be severed and proceeded with separately.

The non9)oinder o' a party which does not cause disissal re'ers to necessary parties. 5on9 )oinder o' an indispensable party is a #round to disiss the action.

Sec. 12. Class suit. — :hen the sub)ect atter o' the controversy is one o' coon or #eneral

interest to any persons so nuerous that it is ipracticable to )oin all as parties, a nuber o'the which the court 'inds to be su''iciently nuerous and representative as to 'ully protect the

interests o' all concerned ay sue or de'end 'or the bene'it o' all. &ny party in interest shall have

the ri#ht to intervene to protect his individual interest.

Reuisites o' a !lass Suit



1. the sub)ect atter o' the controversy is one o' coon or #eneral interest

2. to any persons so nuerous it is ipracticable to )oin all as parties

". a nuber o' the which the court 'inds to be su''iciently nuerous and representative as

to 'ully protect the interests o' all concerned sues or de'ends 'or the bene'it o' all

. &ny party in interest shall have the ri#ht to intervene to protect his individual interest.

Sec. 1". &lternative defendants. — :here the plainti'' is uncertain a#ainst who o' several

persons he is entitled to relie', he ay )oin any or all o' the as de'endants in the alternative,althou#h a ri#ht to relie' a#ainst one ay be inconsistent with a ri#ht o' relie' a#ainst the other.

Sec. 1. %n'nown identity or name of defendant. — :henever the identity or nae o' a

de'endant is un*nown, he ay be sued as the un*nown owner, heir, devisee, or by such other

desi#nation as the case ay reuireC when his identity or true nae is discovered, the pleadin#

ust be aended accordin#ly.

Sec. 1. (ntity without "uridical personality as defendant. — :hen two or ore persons not

or#ani-ed as an entity with )uridical personality enter into a transaction, they ay be sued under

the nae by which they are #enerally or coonly *nown.

0n the answer o' such de'endant, the naes and addresses o' the persons coposin# said entityust all be revealed.

0' the de'endant dies be'ore a case ay be 'iled

1. 'or recovery o' su o' oney + 'ile a clai be'ore the estate proceedin#s, where thecreditor will have to present evidence on the validity o' his claiC because the aountsou#ht to be collected is de'inite

2. 'or recovery o' property + 'ile a separate case a#ainst the executorDadinistratorC because

the aount o' the clai is unliuidated

". 'or daa#es 'or in)ury + 'ile a separate case be'ore the courts.

0' the de'endant dies

1. be'ore a case is 'iled

1. 'or recovery o' a su o' oney + 'ile a clai be'ore the estate proceedin#s, wherethe creditor will have to present evidence on the validity o' his clai

2. real action and action 'or daa#es + 'ile a separate case a#ainst theexecutorDadinistrator

". a'ter a case is 'iled but be'ore )ud#ent



1. 'or recovery o' a su o' oney + case shall not be disissed but shall

instead be allowed to continue until entry o' 'inal )ud#entC the )ud#ent

is then 'iled as a clai in the estate proceedin#sC decedents le#alrepresentative should be substituted 'or the decedent.

2. real action and action 'or daa#es

1% heirs o' the deceased ay be allowed to be substituted, without reuirin# theappointent o' an executor or adinistrator and the court ay appoint a #uardian ad lite 'or

the inor heirs.

2% 0' no le#al representative appears, the court ay order the opposin# party, within aspeci'ied tie, to procure the appointent o' an executor or adinistrator 'or the estate o' the

deceased and the latter shall iediately appear 'or and on behal' o' the deceased. riority to in

the appointent to

a% Survivin# spouse, or next o' *in

b% one or ore o' the principal creditors, i' copetent and willin# to serve

c% other person as the court ay select.

"% in case con'lict o' interest where a creditor bein# appointed adinistrator is to

appoint a special adinistrator where the creditor appointed will have to 'ile his own clai

1. a'ter )ud#ent but be'ore execution

1. 'or su o' oney + present the writ o' execution as a clai be'ore the probatecourt

2. real action and action 'or daa#es + substitute the de'endant with hisadinistrator or executor, and en'orce the writ a#ainst hi without #oin# to the

probate court

". a'ter levy on execution $applies only to recovery o' a su o' oney% + continue

with the auction sale and the o''icer a*in# the sale shall deliver the proceeds to

the plainti'', and account to the executor or adinistrator 'or any excess.

RULE 5 ' U)IFOR* PROCEDURE I) RIAL COURS

Rules on suary procedure are applicable in the 'ollowin# cases be'ore the <T!s

1. !ivil cases

1. 'orcible entry and unlaw'ul detainer, re#ardless o' aount o' daa#es

$copensation 'or use o' property% or unpaid rentals



5ote that perissive counterclais and "rd party coplaints are not allowed.

Sec. . &nswer. 9 :ithin ten $1B% days 'ro service o' suons, the de'endant shall 'ile his

answer to the coplaint and serve a copy thereo' on the plainti''. &''irative and ne#ativede'enses not pleaded therein shall be deeed waived, except 'or lac* o' )urisdiction over the

sub)ect atter. !ross9clais and copulsory counterclais not asserted in the answer shall beconsidered barred. The answer to counterclais or cross9clais shall be 'iled and served within

ten $1B% days 'ro service o' the answer in which they are pleaded.

Sec. /. (ffect of failure to answer.

4ailure o' the de'endant to answer + the court shall render )ud#ent as ay be warranted by the

'acts alle#ed in the coplaint and liited to what is prayed 'orC the court ay in its discretion

reduce the aount o' daa#es and attorneys 'ees claied 'or bein# excessive or otherwiseunconscionable.

5ote that when the de'endant 'ails to answer in suary procedure, the court ay otu propiorule 'or the plainti''. 0n ordinary civil actions, the court can do so only upon otion by the

plainti'' to declare the de'endant in de'ault and a'ter plainti'' supports his clai with evidence.

Sec. ?. Preliminary conference; appearance of parties. 9 5ot later than thirty $"B% days a'ter the

last answer is 'iled, a preliinary con'erence shall be held. The rules on pre9trial in ordinary

cases shall be applicable to the preliinary con'erence unless inconsistent with the provisions o'

this Rule.

The 'ailure o' the plainti'' to appear in the preliinary con'erence shall be a cause 'or the

disissal o' his coplaint. The de'endant who appears in the absence o' the plainti'' shall be

entitled to )ud#ent on his counterclai in accordance with Section / hereo'. &ll cross9claisshall be disissed.

0' a sole de'endant shall 'ail to appear, the plainti'' shall be entitled to )ud#ent in accordance

with Section / hereo'. This Rule shall not apply where one o' two or ore de'endants sued under

a coon cause o' action who had pleaded a coon de'ense shall appear at the preliinarycon'erence.

G E''ect o' 'ailure to appear at the preliinary con'erence by

1. the plainti'' + cause 'or the disissal o' his coplaintC de'endant who appears entitled to

)ud#ent on his counterclai as ay be warranted by the 'acts alle#ed. &ll cross9claisshall be disissed.2. the sole de'endant +plainti'' entitled to )ud#ent as ay be warranted by the 'acts

alle#ed in his coplaint

". one o' any de'endants sued under a coon cause o' action who had pleaded a

coon de'ense + case continues



Sec. @. Record of preliminary conference. 9 :ithin 'ive $% days a'ter the terination o' the

preliinary con'erence, the court shall issue an order statin# the atters ta*en up therein,

includin# but not liited to6

a% :hether the parties have arrived at an aicable settleent, and i' so, the ters thereo'C

b% The stipulations or adissions entered into by the partiesC.

c% :hether, on the basis o' the pleadin#s and the stipulations and adissions ade by the

parties, )ud#ent ay be rendered without the need o' 'urther proceedin#s, in which event the

)ud#ent shall be rendered within thirty $"B% days 'ro issuance o' the orderC

d% & clear speci'ication o' aterial 'acts which reain controvertedC and

e% Such other atters intended to expedite the disposition o' the case.

Sec. A. ubmission of affidavits and position papers. 9 :ithin ten $1B% days 'ro receipt o' theorder entioned in the next precedin# section, the parties shall subit the a''idavits o' their

witnesses and other evidence on the 'actual issues de'ined in the order, to#ether with their position papers settin# 'orth the law and the 'acts relied upon by the.

Sec. 1B. Rendition of "udgment. 9 :ithin thirty $"B% days a'ter receipt o' the last a''idavits and

position papers, or the expiration o' the period 'or 'ilin# the sae, the court shall render

)ud#ent.

;owever should the court 'ind it necessary to clari'y certain aterial 'acts, it ay, durin# the

said period, issue an order speci'yin# the atters to be clari'ied, and reuire the parties to subit

a''idavits or other evidence on the said atters within ten $1B% days 'ro receipt o' said order.Hud#ent shall be rendered within 'i'teen $1% days a'ter the receipt o' the last clari'icatory

a''idavits, or the expiration o' the period 'or 'ilin# the sae.

The court shall not resort to the clari'icatory procedure to #ain tie 'or the rendition o' the

)ud#ent.

Cri+inal Cases

Suary rocedure in !riinal cases

1. 0nitiated either by coplaint or in'oration $only by in'oration, in <etro <anila and!hartered cities, except when the o''ense cannot be prosecuted de o'icio%

2. &s any copies o' the in'oration or coplaint, with a''idavits o' coplainant and hiswitnesses, as there are accused plus 2, within days 'ro 'ilin#C otherwise the case ay

be disissed

". !ourt declares i' the case is covered by the rule on suary procedure



The coplaint or in'oration shall be accopanied by the a''idavits o' the coplainant and o'

his witnesses in such nuber o' copies as there are accused plus two $2% copies 'or the courts

'iles. 0' this reuireent is not coplied with within 'ive $% days 'ro date o' 'ilin#, the caseay be disissed.

Sec. 12. )uty of court. 9

$a% If commenced by compliant. 9 3n the basis o' the copliant and the a''idavits and other

evidence accopanyin# the sae, the court ay disiss the case outri#ht 'or bein# patentlywithout basis or erit and order the release o' the accused i' in custody.

$b% If commenced by information. 9 :hen the case is coenced by in'oration, or is not

disissed pursuant to the next precedin# para#raph, the court shall issue an order which, to#ether

with copies o' the a''idavits and other evidence subitted by the prosecution, shall reuire theaccused to subit his counter9a''idavit and the a''idavits o' his witnesses as well as any evidence

in his behal', servin# copies thereo' on the coplainant or prosecutor not later than ten $1B% days

'ro receipt o' said order. The prosecution ay 'ile reply a''idavits within ten $1B% days a'terreceipt o' the counter9a''idavits o' the de'ense.

+ round for motu propio dismissal of criminal case covered by summary procedure initiated by

complaint - patently without basis or merit. he court can not dismiss a criminal case outright

if it is commenced by information.

Sec. 1". &rraignment and trial. 9 Should the court, upon a consideration o' the coplaint orin'oration and the a''idavits subitted by both parties, 'ind no cause or #round to hold the

accused 'or trial, it shall order the disissal o' the caseC otherwise, the court shall set the case 'or

arrai#nent and trial.

0' the accused is in custody 'or the crie char#ed, he shall be iediately arrai#ned and i' heenters a plea o' #uilty, he shall 'orthwith be sentenced.

Sec. 1. Preliminary conference. 9 (e'ore conductin# the trial, the court shall call the parties to a

preliinary con'erence durin# which a stipulation o' 'acts ay be entered into, or the proprietyo' allowin# the accused to enter a plea o' #uilty to a lesser o''ense ay be considered, or such

other atters ay be ta*en up to clari'y the issues and to ensure a speedy disposition o' the

case. ;owever, no adission by the accused shall be used a#ainst hi unless reduced to writin#

and si#ned by the accused and his counsel. & re'usal or 'ailure to stipulate shall not pre)udicethe accused.

Sec. 1. Procedure of trial. 9 &t the trial, the a''idavits subitted by the parties shall constitute

the direct testionies o' the witnesses who executed the sae. :itnesses who testi'ied ay be

sub)ected to cross9exaination, redirect or re9cross exaination. Should the a''iant 'ail to testi'y,his a''idavit shall not be considered as copetent evidence 'or the party presentin# the a''idavit,

but the adverse party ay utili-e the sae 'or any adissible purpose.



Except on rebuttal or surrebuttal, no witness shall be allowed to testi'y unless his a''idavit was

previously subitted to the court in accordance with Section 12 hereo'.

;owever, should a party desire to present additional a''idavits or counter9a''idavits as part o' hisdirect evidence, he shall so ani'est durin# the preliinary con'erence, statin# the purpose

thereo'. 0' allowed by the court, the additional a''idavits o' the prosecution or the counter9a''idavits o' the de'ense shall be subitted to the court and served on the adverse party not later

than three $"% days a'ter the terination o' the preliinary con'erence. 0' the additional a''idavitsare presented by the prosecution, the accused ay 'ile his counter9a''idavits and serve the sae

on the prosecution within three $"% days 'ro such service.

Sec. 1/. &rrest of accused. 9 The court shall not order the arrest o' the accused except 'or 'ailureto appear whenever reuired. Release o' the person arrested shall either be on bail or on

reco#ni-ance by a responsible citi-en acceptable to the court.

Sec. 1?. /udgment. 9 :here a trial has been conducted, the court shall proul#ate the )ud#ent

not later than thirty $"B% days a'ter the terination o' trial.

Sec. 1@. Referral to 0upon. 9 !ases reuirin# re'erral to the Lupon 'or conciliation under the provisions o' residential Iecree 5o. 1B@ where there is no showin# o' copliance with such

reuireent, shall be disissed without pre)udice and ay be revived only a'ter such

reuireent shall have been coplied with. This provision shall not apply to criinal caseswhere the accused was arrested without a warrant.

4ailure to coply with Fatarun#an# abaran##ay when reuired is #round 'or disissal o' the

coplaint, unless the accused was arrested without a warrant.

G Prohibited pleadings and motions (Section 19):

1. <otion to disiss the coplaint or to uash the coplaint or in'oration, except on the#round o' lac* o' )urisdiction over the sub)ect atter, or 'ailure to coply with the

Fatarun#an# abaran##ay

2. <otion 'or a bill o' particulars

". <5T, or <'R, or otion 'or openin# o' trial

. etition 'or relie' 'ro )ud#ent

. <otion 'or extension o' tie to 'ile pleadin#s, a''idavits or any other paper

/. <eoranda

?. etition 'or certiorari, andaus, or prohibition a#ainst any interlocutory order issued bythe court

@. <otion to declare the de'endant in de'ault

A. Iilatory otions 'or postponeent



1B. Reply

11. Third party coplaints

12. 0nterventions.

Sec. 2B. &ffidavits. 9 The a''idavits reuired to be subitted under this Rule shall state only 'actso' direct personal *nowled#e o' the a''iants which are adissible in evidence, and shall show

their copetence to testi'y to the atters stated therein.

& violation o' this reuireent ay sub)ect the party or the counsel who subits the sae to

disciplinary action, and shall be cause to expun#e the inadissible a''idavit or portion thereo''ro the record.

G Special reuireent 'or a''idavits under suary procedure6 ust state only adissible

evidence and show their copetence to testi'y on such atters. 3therwise, the o''erin# party orcounsel ay be sub)ect to disciplinary action and the inadissible portion is expun#ed.

Sec. 21. &ppeal. 9 The )ud#ent or 'inal order shall be appealable to the appropriate re#ional

trial court which shall decide the sae in accordance with Section 22 o' (atas abansa (l#.

12A. The decision o' the re#ional trial court in civil cases #overned by this Rule, includin#

'orcible entry and unlaw'ul detainer, shall be iediately executory, without pre)udice to a'urther appeal that ay be ta*en there'ro. Section 1B o' Rule ?B $o' the 1A/ Rules o' !ourt%

shall be deeed repealed.

• Suary decisions are appealable to the RT!. RT! decision in e)ectent cases are

iediately executory.

RULES , ' -- #I)DS OF PLEADI)/S

leadin#s are the written stateents o' the respective clais and de'enses o' the parties

subitted to the court 'or appropriate )ud#ent.

The coplaint is the pleadin# alle#in# the plainti''s cause or causes o' action. The naes andresidences o' the plainti'' and de'endant ust be stated in the coplaint.

&n answer is a pleadin# in which a de'endin# party sets 'orth his de'enses.

De$enses

$a% & ne#ative de'ense is the speci'ic denial o' the aterial 'act or 'acts alle#ed in the pleadin# o'

the claiant essential to his cause or causes o' action.



$b% An a$$ir+ative de$ense is an alle#ation o' a new atter which, while hypothetically

adittin# the aterial alle#ations in the pleadin# o' the claiant, would nevertheless prevent or

bar recovery by hi. The a''irative de'enses include 'raud, statute o' liitations, release, payent, ille#ality, statute o' 'rauds, estoppel, 'orer recovery, dischar#e in ban*ruptcy, and any

other atter by way o' con'ession and avoidance.

& counterclai is any clai which a de'endin# party ay have a#ainst an opposin# party.

& copulsory counterclai is one which, bein# co#ni-able by the re#ular courts o' )ustice, arisesout o' or is connected with the transaction or occurrence constitutin# the sub)ect atter o' the

opposin# partys clai and does not reuire 'or its ad)udication the presence o' third parties o'

who the court cannot acuire )urisdiction. Such a counterclai ust be within the )urisdictiono' the court both as to the aount and the nature thereo', except that in an ori#inal action be'ore

the Re#ional Trial !ourt, the counterclai ay be considered copulsory re#ardless o' the

aount.

& cross9clai is any clai by one party a#ainst a co9party arisin# out o' the transaction oroccurrence that is the sub)ect atter either o' the ori#inal action or o' a counterclai therein.

Such cross9clai ay include a clai that the party a#ainst who it is asserted is or ay be

liable to the cross9claiant 'or all or part o' a clai asserted in the action a#ainst the cross9

claiant.

Counterclai+ is any clai which a de'endin# party ay have a#ainst an opposin# party

Reuireents 'or a copulsory counterclai6

1. arises out o' or is connected with the transaction or occurrence constitutin# the sub)ect

atter o' the opposin# partys clai2. does not reuire 'or its ad)udication the presence o' third parties o' who the courtcannot acuire )urisdiction.

". ust be within the )urisdiction o' the court both as to the aount and the nature

0n an ori#inal action be'ore the RT!, a counterclai ay be considered copulsory re#ardless

o' the aount. & perissive counterclai ust also be within the )urisdiction o' the court, and

ust not reuire the presence o' "rd parties over who the court can not acuire )urisdiction. 0t

ust not be connected with the transaction or occurrence constitutin# the sub)ect atter o' theopposin# partys clai, otherwise, it would be a copulsory counterclai.

Cross!clai+ is any clai by one party a#ainst a co9party arisin# out o' the transaction oroccurrence that is the sub)ect atter either o' the ori#inal action or o' a counterclai therein.

& re0ly is a pleadin#, the o''ice or 'unction o' which is to deny, or alle#e 'acts in denial oravoidance o' new atters alle#ed by way o' de'ense in the answer and thereby )oin or a*e

issue as to such new atters. 0' a party does not 'ile such reply, all the new atters alle#ed in the

answer are deeed controverted. 0' the plainti'' wishes to interpose any clais arisin# out o' thenew atters so alle#ed, such clais shall be set 'orth in an aended or suppleental coplaint.



& third $'ourth, etc.%9party coplaint is a clai that a de'endin# party ay, with leave o' court,

'ile a#ainst a person not a party to the action, called the third $'ourth, etc.%9party de'endant, 'or

contribution, indenity, subro#ation or any other relie', in respect o' his opponents clai.

)ecessary 0arties + :hen the presence o' parties other than those to the ori#inal action is

reuired 'or the #rantin# o' coplete relie' in the deterination o' a counterclai or cross9clai,the court shall order the to be brou#ht in as de'endants, i' )urisdiction over the can be

obtained.

RULE 1 ' PARS OF A PLEADI)/

Si2ni$icance o$ counsel3s si2nature

1. The si#nature o' counsel constitutes a certi'icate by hi that he has read the pleadin#C

that to the best o' his *nowled#e, in'oration, and belie' there is #ood #round to support

itC and that it is not interposed 'or delay.

2. &n unsi#ned pleadin# produces no le#al e''ect. ;owever, the court ay, in its discretion,allow such de'iciency to be reedied i' it shall appear that the sae was due to ere

inadvertence and not intended 'or delay.

". !ounsel who deliberately 'iles an unsi#ned pleadin#, or si#ns a pleadin# in violation o'

this Rule, or alle#es scandalous or indecent atter therein, or 'ails to proptly report tothe court a chan#e o' his address, shall be sub)ect to appropriate disciplinary action.

Veri$ication + a''idavit by an a''iant that he has read the pleadin# and that the alle#ations therein

are true and correct o' his personal *nowled#e or based on authentic records.

5ote that 7belie'8 as basis 'or veri'ication has been deleted by a 1 <ay 2BBB aendent.

based on 7in'oration and belie',8 or upon 7*nowled#e, in'oration and belie'8 is not su''icientveri'ication.

5ot all pleadin#s need to be veri'ied.

Certi$ication a2ainst $oru+ s4o00in2 $applies to initiatory pleadin#sC de Leon6 and also to

petitions 'or review, and petition 'or review on certiorari%

1. that he has not thereto'ore coenced any action or 'iled any clai involvin# the saeissues in any court, tribunal or uasi9)udicial a#ency and, to the best o' his *nowled#e, no

such other action or clai is pendin# therein

2. i' there is such other pendin# action or clai, a coplete stateent o' the present statusthereo'C and

". i' he should therea'ter learn that the sae or siilar action or clai has been 'iled or is

pendin#, he shall report that 'act within days to the court wherein his a'oresaidcoplaint or initiatory pleadin# has been 'iled



0' disissal o' a case on the #round o' lac* o' certi'icate a#ainst 'oru shoppin# is silent, it is

deeed to be without pre)udice. 0' 'oru shoppin# was will'ul and deliberate, disissal shall be

with pre)udice.

RULE ' *A))ER OF *A#I)/ ALLE/AIO)S I) PLEADI)/

<anner o' a*in# averents o'

1. 4raud or ista*e + particular

2. alice, intent, *nowled#e, or other condition o' the ind + #eneral

0' alle#ation o' 'raud or ista*e is not particular, the reedy is to 'ile a bill o' particulars.

:here an action or de'ense is based on a docuent, the substance o' such docuent be set 'orthin the pleadin# and a copy thereo' attached as an exhibit. The opposin# party ust speci'ically

deny such docuent under oath, otherwise, the #enuineness and due execution o' the instruent

shall be deeed aditted.

The rule applies only to 7pleadin#s,8 not otions. ;ence, an actionable docuent in a <TIneed not be denied under oath.

5ote that even docuents on which a de'ense is based ust be denied under oath. This is an

exception to the rule that all new atters in the answer are deeed controverted by 'ailure to 'ile

a reply.

:hen denial under oath o' an actionable docuent not reuired

1. the adverse party is not a party to the instruent2. copliance with an order 'or an inspection o' the ori#inal is re'used

&lle#ations that ay be #eneral

1. ultiate 'act, no evidentiary 'acts2. pertinent provisions o' law on which a de'ense relies on

". conditions precedent

. capacity or authority to sue and be sued, or le#al existence ust be averred

. <alice, intent, *nowled#e or other condition o' the ind

/. )ud#ent o' another court or tribunal, doestic or 'orei#n

?. o''icial docuent or o''icial act

@. denial o' unliuidated daa#es



&lle#ations that ust be speci'ic

1. Juestions as to le#al existence or capacity to sue and be sued

2. circustances constitutin# 'raud or ista*e ust be stated with particularity

". substance o' an docuent on which an action or de'ense is based

. contest o' an actionable docuent $under oath%

. denial o' plainti''s alle#ations

/. denial o' usurious interest $under oath%

4or an alle#ation that de'endant is 7without *nowled#e or in'oration su''icient to 'or a belie'

as to the truth o' a aterial averent ade in the coplaint8 to constitute denial, it ust be

shown that the de'endant indeed was in no position to *now the truth o' the averent in thecoplaint. (ut i' it can be deonstrated that he in 'act was in a position to *now, then the denial

is ine''ective and the averent is deeed aditted.

<atters that ay be stric*en out 'ro a pleadin#

1. sha or 'alse2. redundant

". iaterial

. ipertinent

. scandalous

RULE 6 ' EFFEC OF FAILURE O PLEAD

Ie'enses appearin# on the coplaint which are not waived by 'ailure to plead, on which the

court ay disiss the clai6

1. lac* o' )urisdiction over the sub)ect atter 2. another action pendin# between the sae parties 'or the sae cause $lis pendentia%

". action is barred by a prior )ud#ent $res ad)udicata%

. Statute o' liitations

Procedure $or declarin2 a de$endin2 0arty in de$ault

1. 'ailure to answer within the tie allowed

2. otion o' the claiin# party



". notice to the de'endin# party

. court declares the de'endin# party in de'ault

. !ourt either

1. reuires the claiant to subit evidence $ay be dele#ated to the cler* o' court%,or

2. renders )ud#ent #rantin# the claiant such relie' as his pleadin# ay warrant,

which shall not

1% exceed the aount prayed 'or or

2% be di''erent in *ind 'ro that prayed 'or nor

"% award unliuidated daa#es

The court has no authority to otu proprio declare a de'endant in de'ault. 0' the plainti'' does notove to declare the de'endant in de'ault, the court ay otu proprio disiss with pre)udice the

action on the #round o' 'ailure to prosecute under Rule 1? Sec. ".

E$$ects o$ de$ault

1. de'aultin# party still entitled to notice o' subseuent proceedin#s, but not to ta*e part inthe trial

2. de'aultin# party ay ove to set aside the order o' de'ault, provided

1. 'iled at any tie a'ter notice o' de'ault and be'ore )ud#ent

2. otion ust be under oath

". proper showin# that

1% his 'ailure to answer was due to 'raud, accident, ista*e or excusable ne#li#ence

$4&<E%, and

2% he has a eritorious de'ense

1. :hen soe o' several de'endin# parties answer and the others 'ail to do so, the court

shall try the case a#ainst all upon the answers thus 'iled and render )ud#ent upon theevidence presented.

0' Rule "@ is no lon#er available, then use Rule ? $&nnulent o' Hud#ents or 4inal 3rders and

Resolutions%

Actions 74ere no de$aults allo7ed



1. annulent

2. declaration o' nullity

". le#al separation

RULE -- ' 89E) O FILE RESPO)SIVE PLEADI)/S

84en res0onse to t4e $ollo7in2 0leadin2s +ust :e $iled

1. ain coplaint, third or 'ourth party coplaint + within 1 days a'ter service o'suons, unless a di''erent period is 'ixed by the court

2. i' de'endant is a 'orei#n private )uridical entity and service o' suons is ade on the

#overnent o''icial so desi#nated by law + within "B days a'ter receipt o' suons by

the 'orei#n entity

". aended clais

1. 1 days 'ro service o' aended coplaint, i' aended as a atter o' ri#ht

2. 1B days 'ro notice o' adission o' aended coplaint, i' aended with leave o'court $&n answer earlier 'iled ay serve as the answer to the aended coplaint

i' no new answer is 'iled%

". answer, counterclai or cross9clai + within 1B days 'ro service

. suppleental coplaint + within 1B days 'ro notice o' the adittin# court order,

unless a di''erent period is 'ixed by the court $answer to the coplaint shall serve

as the answer to the suppleental coplaint i' no new or suppleental answer is'iled%.

Krounds to adit an oitted counterclai or cross9clai by aendent$be'ore )ud#ent%

1. oversi#ht2. inadvertence

". excusable ne#lect

. )ustice reuires

RULE - ' ;ILL OF PARICULARS



(ill o' particulars + de'inite stateent o' any atter which is not averred with su''icient

de'initeness or particularity to enable the adverse party properly to prepare his responsive

pleadin#.

Procedure in :ill o$ 0articulars

1. application by an adverse party be'ore respondin# to a pleadin#, or within 1B days 'ro

service o' the reply

2. cler* o' court brin#s it to the attention o' the court

". $no hearin# necessary% the court either

1. deny it outri#ht

2. #rant it outri#ht

". allow the parties the opportunity to be heard

. 0' the otion is #ranted, the copliance therewith ust be e''ected within 1B days'ro notice o' the order, unless a di''erent period is 'ixed by the court.

. The bill o' particulars ay be 'iled either in a separate or in an aended pleadin#,servin# a copy thereo' on the adverse party

/. &'ter service o' the bill o' particulars or o' a ore de'inite pleadin#, or a'ter

notice o' denial o' his otion, the ovin# party ay 'ile his responsive pleadin#within the period to which he was entitled at the tie o' 'ilin# his otion, which

shall not be less than days in any event.

?. 0' the order is not obeyed, or in case o' insu''icient copliance, the court ay

order the stri*in# out o' the pleadin# or the portions thereo' to which the order

was directed or a*e such other order as it dees )ust.

@. & bill o' particulars becoes part o' the pleadin# 'or which it is intended.

RULE -% ' FILI)/ A)D SERVICE OF PLEADI)/S< =UD/*E)S A)D O9ER

PAPERS

4ilin# + the act o' presentin# the pleadin# or other paper to the cler* o' court.

Service + the act o' providin# a party with a copy o' the pleadin# or paper concerned.

1. 0' any party has appeared by counsel, service should be upon his counsel, unless service

upon the party hisel' is ordered by the court.2. :here one counsel appears 'or several parties, he shall only be entitled to one copy o'

any paper served upon hi by the opposite side.



Pa0ers re>uired to :e $iled and served

1. )ud#ent

2. resolution

". order

. pleadin# subseuent to the coplaint

. written otion

/. notice

?. appearance

@. deand

A. o''er o' )ud#ent

1B. or siilar papers

Except court papers, resort to odes other than personal service ust be accopanied by awritten explanation why the service or 'ilin# was not done personally, otherwise it is #round to

consider the paper as not 'iled.

7o 7ays o$ $ilin2

1. personally presentin# the ori#inal copies to the cler* o' court, who shall endorse on the

pleadin# the date and hour o' 'ilin#2. sendin# the ori#inal copies by re#istered ail, the date o' the ailin# as shown by the

post o''ice stap on the envelope or the re#istry receipt, shall be considered as the date

o' their 'ilin#

5ote that 'ilin# ay not be by ordinary ail or substituted service. These ethods are available

only on service o' papers, not 'ilin#.

Proo$ o$ $ilin2

1. its existence in the record o' the case

2. 0' it is not in the record, but is claied to have been 'iled

1. ersonally + written or staped ac*nowled#ent o' its 'ilin# by the cler* o' courton a copy

2. re#istered ail + by the

1% re#istry receipt, and

2% a''idavit o' the person who did the ailin#, containin# a 'ull stateent o'



a% the date and place o' depositin# the ail in the post o''ice

b% in a sealed envelope

c% addressed to the court

d% with posta#e 'ully prepaid

e% with instructions to the postaster to return the ail to the sender a'ter 1B days i' notdelivered

Four +odes o$ service o$ 0a0ers

1. personal + coplete upon delivery

2. Re#istered ail + coplete upon actual receipt, or a'ter days receipt o' 'irst notice o'the postaster, whichever is earlier

". ordinary ail + coplete upon expiration o' 1B days a'ter ailin#, unless the court

otherwise provides

. substituted service + coplete upon delivery to the cler* o' court

Priorities in 0ersonal service o$ 0a0ers

1. leavin# it in his o''ice with his cler* or with a person havin# char#e thereo' 2. i' not possible, then by leavin# the copy, between @ a.. to / p.. at his residence, with a

person o' su''icient a#e and discretion then residin# therein

Priorities in service :y +ail o$ 0a0ers

1. re#istered ail to o''ice, i' *nown2. otherwise re#istered ail to residence, i' *nown

". 0' no re#istry service is available in the locality o' either the sender or the addressee,

service ay be done by ordinary ail.

Re>uisites $or su:stituted service o$ 0a0ers

1. service can not be ade personally or by ail

2. the o''ice and residence o' the party or his counsel bein# un*nown

". deliver a copy to the cler* o' court

. with proo' o' 'ailure o' both personal service and service by ail $certi'ied or sworn copyo' the notice #iven by the postaster to the addressee%



1% server shall serve a copy o' the return on the plainti''s counsel, statin# the reasons

'or the 'ailure o' service within days there'ro

2% the cler*, on deand o' the plainti'', ay issue an alias suons $also i' suonshas been lost%

t4e rules on su++ons on de$endant 74o is a

1. resident

1. resent in the hilippines

1% ersonal service $Rule 1, Sec. /%

2% Substituted service $Rule 1, Sec. ?%

"% ublication, but only i'

a% his identity or whereabouts is un*nown $Rule 1, Sec. 1%, &5I

b% the action is in re or uasi in re =Citi1en urety v. !elencio$*errera, "@ S!R&

"/A $1A?1%>

1. &bsent 'ro the hilippines


2% Extraterritorial service Rule 1, Sec. 1/ and 1C action need not be in re or uasi

in re =2almonte v. C&, 22 S!R& A2 $1AA/%>M

1. non9resident

1. resent in the hilippines

1% ersonal service $Rule 1, Sec. /%


1. &bsent 'ro the hilippines

1% &ction in re or uasi in re + only Extraterritorial service $Rule 1, Sec. 1%

2% &ction in persona, and )ud#ent can not be secured by attachent $e.#. action 'or

in)unction%

a% wait 'or the de'endant to coe to the hilippines and to serve suons then

b% bait the de'endant to voluntarily appear in court $Rule 1, Sec. 2B%



c% plainti'' can 53T resort to extraterritorial service o' suons = 3awasa'i Port

ervices v. &mores, 1AA S!R& 2"B $1AA1%, and )ial Corporation v. oriano, 1/1 S!R& ?"?

$1A@@%>.

Re>uisites $or service :y 0u:lication

1. the action is in re or uasi in re

2. de'endants identity or whereabouts

1. are un*nown and

2. cannot be ascertained by dili#ent inuiry

". with leave o' court

Re>uisites $or e?traterritorial service

1. Either1. de'endant does not reside and is not 'ound in the hilippines, or

2. de'endant ordinarily resides within the hilippines, but who is teporarily out o'

it

". action either

1. a''ects the personal status o' the plainti'' or

2. relates to, or the sub)ect o' which is, property within the hilippines

1% in which the de'endant has or clais a lien or interest, or

2% in which the relie' deanded consists, wholly or in part, in excludin# the de'endant

'ro any interest therein, or

"% belon#s to the de'endant and has been attached

1. leave o' court

2. the order shall speci'y a reasonable tie, which shall not be less than /B days a'ter notice,

within which the de'endant ust answer

&ctions in re or uasi in re

1. a''ects the personal status o' the plainti'' or

2. relates to, or the sub)ect o' which is, property within the hilippines

1. in which the de'endant has or clais a lien or interest, actual or contin#ent, or



2. in which the relie' deanded consists, wholly or in part, in excludin# the

de'endant 'ro any interest therein, or

". belon#in# to the de'endant and has been attached

;ow extraterritorial service o' suons e''ected + with leave o' court

1. by personal service out o' the hilippines

2. by publication with copy o' the suons and order o' the court shall be sent byre#istered ail to the last *nown address o' the de'endant, or

". in any other anner the court ay dee su''icient

1. e.#. service by re#istered ail where re#istry return shows actual receipt

=Carriaga, /r. v. !alaya, 1" S!R& 1 $1A@/%>

2. ust be ade outside the hilippines =2almonte v. C&, 22 S!R& A2 $1AA/%>

RULE -, ' *OIO) O DIS*ISS

Section 1. rounds. — :ithin the tie 'or but be'ore 'ilin# the answer to the coplaint or

pleadin# assertin# a clai, a otion to disiss ay be ade on any o' the 'ollowin# #rounds6

$a% That the court has no )urisdiction over the person o' the de'endin# partyC

$b% That the court has no )urisdiction over the sub)ect atter o' the claiC

$c% That venue is iproperly laidC

$d% That the plainti'' has no le#al capacity to sueC

$e% That there is another action pendin# between the sae parties 'or the sae causeC

$'% That the cause o' action is barred by a prior )ud#ent or by the statute o' liitationsC

$#% That the pleadin# assertin# the clai states no cause o' actionC

$h% That the clai or deand set 'orth in the plainti''s pleadin# has been paid, waived,abandoned, or otherwise extin#uishedC

$i% That the clai on which the action is 'ounded is unen'orceable under the provisions o' the

statute o' 'raudsC and

$)% That a condition precedent 'or 'ilin# the clai has not been coplied with.



RULE -1 ' DIS*ISSAL OF ACIO)S

/rounds $or dis+issal t4at :ar re$ilin2

1. cause o' action is barred by a prior )ud#ent

2. cause o' action is barred by the statute o' liitations

". clai or deand set 'orth in the plainti''s pleadin# has been paid, waived, abandoned, or

otherwise extin#uished

. clai is unen'orceable under the statute o' 'rauds

/rounds to dis+iss t4at t4e court +ay invo@e +otu 0ro0rio

1. the action is barred by a prior )ud#ent

2. the action is barred by statute o' liitations

". no )urisdiction over the sub)ect atter

. there is another action pendin# between the sae parties 'or the sae cause

RULE - ' PRE!RIAL

Section 1. When conducted. — &'ter the last pleadin# has been served and 'iled, it shall be the

duty o' the plainti'' to proptly ove ex parte that the case be set 'or pre9trial. $a, R2B%

0t is now the plainti'' who oves ex parte that the case be set 'or pre9trial.

Sec. 2. #ature and purpose. — The pre9trial is andatory. The court shall consider6

$a% The possibility o' an aicable settleent or o' a subission to alternative odes o' dispute

resolutionC

$b% The sipli'ication o' the issuesC

$c% The necessity or desirability o' aendents to the pleadin#sC

$d% The possibility o' obtainin# stipulations or adissions o' 'acts and o' docuents to avoid

unnecessary proo'C

$e% The liitation o' the nuber o' witnessesC

$'% The advisability o' a preliinary re'erence o' issues to a coissionerC



$#% The propriety o' renderin# )ud#ent on the pleadin#s, or suary )ud#ent, or o'

disissin# the action should a valid #round there'or be 'ound to existC

$h% The advisability or necessity o' suspendin# the proceedin#sC and

$i% Such other atters as ay aid in the propt disposition o' the action.

/rounds $or e?cused a:sence o$ a 0arty at t4e 0re!trial

1. valid cause is shown, or

2. a representative appears in his behal' 'ully authori-ed in writin# to

1. enter into an aicable settleent

2. subit to alternative odes o' dispute resolution, and

". enter into stipulations or adissions o' 'acts and o' docuents

Distinctions :et7een 0re!trial in civil and cri+inal cases

!ivil re9trial !riinal re9trial

<andatory <andatory

resence o' de'endant and counsel

andatory

&ccused need not be present, but his counsel

ust be present, otherwise he ay be

sanctioned

&icable settleent is discussed &icable settleent is not discussed, unlessthe criinal case is covered by suary procedure

&#reeent included in pre9trial order need

not be in writin#

&#reeents or adissions ust be written and

si#ned by the accused and counsel to be

adissible a#ainst hi.

!an have pro''er o' evidence ro''er o' evidence only a'ter trial

RULE - ' SU;POE)A

Su:0oena is a process directed to a person reuirin# hi to attend and to testi'y at the hearin# or

the trial o' an action, or at any investi#ation conducted by copetent authority, or 'or the ta*in#o' his deposition. 0t ay also reuire hi to brin# with hi any boo*s, docuents, or other

thin#s under his control, in which case it is called a subpoena duces tecu.

/rounds $or >uas4in2 a su:0oena duces tecu+



1. unreasonable and oppressive, or

2. relevancy o' the ob)ect does not appear, or

". the person in whose behal' the subpoena is issued 'ails to advance the reasonable cost o'

the production o' the ob)ect

. witness 'ees and *iloetra#e allowed by these Rules were not tendered when thesubpoena was served

/rounds $or >uas4in2 a su:0oena ad testi$icandu+

1. the witness is not bound thereby2. witness 'ees and *iloetra#e allowed by these Rules were not tendered when the

subpoena was served

RULES % ' 6 *ODES OF DISCOVER

#inds o$ de0ositions

1. Iepositions endin# &ctions2. Iepositions (e'ore &ction or endin# &ppeal

". 0nterro#atories to arties

. &dission by &dverse arty

. roduction or 0nspection o' Iocuents o' Thin#s

/. hysical and <ental Exaination o' ersons

4e de0onent +ay :e e?a+ined re2ardin2 any +atter

1. not privile#ed, and

2. is relevant to the sub)ect o' the pendin# action

&'ter notice is served 'or ta*in# a deposition by oral exaination, upon otion seasonably ade by any party or by the person to be exained and 'or #ood cause shown, the court in which the

action is pendin# ay a*e an order that

1. deposition shall not be ta*en

2. it ay be ta*en only at soe desi#nated place other than that stated in the notice

". it ay be ta*en only on written interro#atories

. certain atters shall not be inuired into



. the scope o' the exaination shall be held with no one present except the parties to the

action and their o''icers or counsel

/. a'ter bein# sealed the deposition shall be opened only by order o' the court

?. secret processes, developents, or research need not be disclosed

@. the parties shall siultaneously 'ile speci'ied docuents or in'oration enclosed in

sealed envelopes to be opened as directed by the court

A. any other order which )ustice reuires to protect the party or witness 'ro annoyance,

ebarrassent, or oppression.

Re>uisites $or a court order to ter+inate or li+it t4e sco0e and +anner o$ ta@in2 o$ t4e

de0osition

1. otion or petition o' any party or o' the deponent

2. &t any tie durin# the ta*in# o' the deposition

". showin# that the exaination is bein# conducted in bad 'aith or to unreasonably to

annoy, ebarrass, or oppress the deponent or party

. issued by the court in which the action is pendin# or the RT! o' the place where the

deposition is bein# ta*en

0' the order ade terinates the exaination, it shall be resued therea'ter only upon the order

o' the court in which the action is pendin#.

Upon deand o' the ob)ectin# party or deponent, the ta*in# o' the deposition shall be suspended

'or the tie necessary to a*e a notice 'or an order.

0n #rantin# or re'usin# such order, the court ay ipose upon either party or upon the witness

the reuireent to pay such costs or expenses as the court ay dee reasonable.

4e de0osition +ay :e used a2ainst any 0arty 74o

1. was present or represented at the ta*in# o' the deposition, or 2. who had due notice

84en de0osition +ay :e used

1. &t the trial or

2. upon the hearin# o'

1. a otion or

2. an interlocutory proceedin#



&ny deposition ay be used by any party 'or the purpose o' contradictin# or ipeachin# the

testiony o' deponent as a witness.

Instances 74en t4e de0osition o$ any 7itness +ay :e used :y t4e adverse 0arty $or any

0ur0ose

1. the deponent is a party

2. the deponent, at the tie o' ta*in# the deposition, was an o''icer, director, or ana#in#

a#ent o' a public or private corporation, partnership, or association which is a party

Instances 74en t4e de0osition o$ any 7itness +ay :e used :y any 0arty $or any 0ur0ose

1. the witness is deadC or

2. the witness resides at a distance ore than 1BB *iloeters 'ro the place o' trial or

hearin#

". the witness is out o' the hilippines, unless it appears that his absence was procured by

the o''eror

. the witness is unable to attend or testi'y because o' a#e, sic*ness, in'irity, or

iprisonent

. o''eror has been unable to procure the attendance o' the witness by subpoenaC or

/. upon application and notice, that such exceptional circustances exist as to a*e itdesirable, in the interest o' )ustice and with due re#ard to the iportance o' presentin# the

testiony o' witnesses orally in open court, to allow the deposition to be usedC

?. i' only part o' a deposition is o''ered in evidence by a party

RULES %B!% RIAL

Order o$ trial + the trial shall be liited to the issues stated in the pre9trial order and shall proceed as 'ollows

1. plainti'' shall adduce evidence in support o' his coplaint

2. de'endant shall then adduce evidence in support o' his de'ense, counterclai, cross9clai

and third9party coplaint

". third9party de'endant, i' any, shall adduce evidence o' his de'ense, counterclai, cross9

clai and 'ourth9party coplaintC

. 'ourth9party, and so 'orth, i' any, shall adduce evidence o' the aterial 'acts pleaded by

theC

. parties a#ainst who any counterclai or cross9clai has been pleaded, shall adduce

evidence in support o' their de'ense, in the order to be prescribed by the courtC



/. The parties ay then respectively adduce rebuttin# evidence only, unless the court, 'or

#ood reasons and in the 'urtherance o' )ustice, perits the to adduce evidence upon

their ori#inal caseC and

?. Upon adission o' the evidence, the case shall be deeed subitted 'or decision, unless

the court directs the parties to ar#ue or to subit their respective eoranda or any'urther pleadin#s.

E?ce0tions to t4e order o$ trial

1. when separate trial o' any clai or issue is ordered

2. court otherwise directs 'or special reasons

". as deterined by the court in case o' several de'endants or third9party de'endants, and so

'orth, havin# separate de'enses who appear by di''erent counsel

RULE %% ' DE*URRER O EVIDE)CE

Distin2uis4 de+urrer to evidence in civil and cri+inal cases

Ieurrer to Evidence in !ivil !ases Ieurrer to Evidence in !riinal !ases

Kround is6 4acts and law show no ri#ht to

relie'

#round is6 0nsu''icient evidence

3n otion 3n otion or otu proprio

0' denied + he has ri#ht to present evidence,

no prior leave o' court reuiredC 0' #ranted but reversed on appeal it is a waiver o' the

ri#ht to present evidence

0' denied and <TI was 'iled without leave o'

court + waiver o' ri#ht to present evidenceC 0'denied and <TI was 'iled with leave o' court

+ the accused ay adduce evidence in his

de'ense

RULE %5 ' SU**AR =UD/*E)

Procedure in su++ary ud2+ents

1. otion served at least 1B days be'ore the tie speci'ied 'or the hearin#

2. any opposin# a''idavits, depositions, or adissions ust be served by the adverse party

at least " days be'ore the hearin#

". hearin#



. )ud#ent sou#ht shall be rendered 'orthwith i' the pleadin#s, supportin# a''idavits,

depositions, and adissions on 'ile, show that

1. except as to the aount o' daa#es, there is no #enuine issue as to any aterial

'act and

2. the ovin# party is entitled to a )ud#ent as a atter o' law.

". i' )ud#ent is not rendered upon the whole case or 'or all the relie's sou#ht and atrial is necessary, the court ascertains what aterial 'acts

1. exist without substantial controversy, and

2. are actually and in #ood 'aith controverted

. !ourt a*es an order speci'yin# the 'acts that appear without substantialcontroversy, includin# the extent to which the aount o' daa#es or other relie'

is not in controversy, and directin# such 'urther proceedin#s in the action as are

)ust.

. The 'acts speci'ied as without substantial controversy shall be deeed

established, and the trial shall be conducted only on the controverted 'acts.

Distin2uis4 :et7een ud2+ent on t4e 0leadin2s and su++ary ud2+ent

Hud#ent on the leadin#s Suary Hud#ent

&vailable only a claiant &vailable to both claiant and de'endin#

parties

There is no tender o' issue There is no #enuine issue

Hud#ent based on pleadin#s only Hud#ent based on pleadin#s, a''idavits,

depositions, adissions

<otion 'or )ud#ent on the pleadin#s ust be served at least " days prior to the

scheduled hearin#

<otion 'or suary )ud#ent ust beserved at least 1B days prior to the scheduled

hearin#

RULES %1!%6 ' POS =UD/*E)

/rounds $or ne7 trial — :ithin the period 'or ta*in# an appeal when the 'ollowin# causesaterially a''ects the substantial ri#hts o' the a##rieved party

1. 4&<E which ordinary prudence could not have #uarded a#ainst and by reason o' which

such a##rieved party has probably been ipaired in his ri#htsC or 2. 5ewly discovered evidence, which he could not, with reasonable dili#ence, have

discovered and produced at the trial, and which i' presented would probably alter the

result.



!ontents o' the record on appeal $sae as in appeals 'ro RT!%

1. 'ull naes o' all the parties stated in the caption

2. include the )ud#ent or 'inal order 'ro which the appeal is ta*en

". in chronolo#ical order, copies o' only such related pleadin#s, petitions, otions and all

interlocutory orders

. such data as will show that the appeal was per'ected on tie.

. 0' an issue o' 'act is to be raised on appeal, the record on appeal shall include byre'erence all the related evidence, testionial and docuentary

/. Sub)ect index when the record on appeal exceeds 2B pa#es

0n e)ectent )ud#ents, execution is stayed only i' an appeal is ade to the RT!, supersedeas bond is 'iled and rentals continues to be paid pendin# appeal. 4ailure to pay rentals eans

execution ensues. The aount o' supersedeas bond should be the aount o' bac* rentals. (ut

'urther appeal 'ro the RT! to the !&, execution can no lon#er be stayed.

!ases that #o to the S! are by petition 'or review on certiorari. The only instance when a case

can #o to the S! on notice o' appeal is in criinal cases where the penalty iposed is reclusion

perpetua, or li'e iprisonent.

4ro uasi9)udicial a#encies to the !&, the appeal is by petition 'or review. &ppeal by itsel'does not stay execution o' the decision. 0t is stayed only i' the !& issues a preliinary

in)unction.

3n pure uestions o' law decided by RT! in its ori#inal )urisdiction, the appeal is directly to the

S! by petition 'or review on certiorari. ure uestions o' law decided by RT! in its appellate )urisdiction, the appeal is still to the !&.

A00eal $ro+ t4e RC (Rule &-"

&n appeal ay be ta*en 'ro a )ud#ent or 'inal order that copletely disposes o' the case, oro' a particular atter therein when declared by these Rules to be appealable.

5o appeal ay be ta*en 'ro6

$a% &n order denyin# a otion 'or new trial or reconsiderationC



$b% &n order denyin# a petition 'or relie' or any siilar otion see*in# relie' 'ro )ud#entC

$c% &n interlocutory orderC

$d% &n order disallowin# or disissin# an appealC

$e% &n order denyin# a otion to set aside a )ud#ent by consent, con'ession or coproise onthe #round o' 'raud, ista*e or duress, or any other #round vitiatin# consentC

$'% &n order o' executionC

$#% & )ud#ent or 'inal order 'or or a#ainst one or ore o' several parties or in separate clais,

counterclais, cross9clais and third9party coplaints, while the ain case is pendin#, unless

the court allows an appeal there'roC and

$h% &n order disissin# an action without pre)udice.

0n all the above instances where the )ud#ent or 'inal order is not appealable, the a##rieved

party ay 'ile an appropriate special civil action under Rule /.

Period o$ ordinary a00eal

1. within 1 days 'ro notice o' the )ud#ent or 'inal order appealed 'ro2. where a record on appeal is reuired, within "B days 'ro notice o' the )ud#ent or 'inal

order.

The period o' appeal shall be interrupted by a tiely otion 'or new trial or reconsideration.

5o otion 'or extension o' tie to 'ile a otion 'or new trial or reconsideration shall be allowed.

Petition $or Revie7 $ro+ t4e RC to t4e CA (Rule &

eriod to 'ile and serve petition 'or review 'ro RT! to !& + 1 days 'ro notice o' the

decision sou#ht to be reviewed or o' the denial o' petitioners <5T or <'RC extendible by

another 1 daysC 'urther extension o' 1 days only with copellin# reason

& party has a 'resh 1 days to 'ile a petition 'or review 'ro denial o' the <4R or <5T, butonly the reainin# period to 'ile a notice o' appeal.

The period to 'ile a petition 'or review ay be extended by the appellate court, but the period to

'ile a notice o' appeal ay not be extended by the court a uo.



". 4oreclosure ort#a#e

RULE & ' PRELI*I)AR CO)FERE)CE

Section 1. &t any tie durin# the pendency o' a case, the court ay call the parties and their

counsel to a preliinary con'erence6

$a% To consider the possibility o' an aicable settleent, except when the case is not allowed by

law to be coproisedC

$b% To de'ine, sipli'y and clari'y the issues 'or deterinationC

$c% To 'orulate stipulations o' 'acts and adissions o' docuentary exhibits, liit the nuber

o' witnesses to be presented in cases 'allin# within the ori#inal )urisdiction o' the court, or thosewithin its appellate )urisdiction where a otion 'or new trial is #ranted on the #round o' newly

discovered evidenceC and

$d% To ta*e up such other atters which ay aid the court in the propt disposition o' the case.

KR3U5IS 43R I0S<0SS&L 34 &E&L $RULE B%6

$a% 4ailure o' the record on appeal to show on its 'ace that the appeal was ta*en within the period 'ixed by these RulesC

$b% 4ailure to 'ile the notice o' appeal or the record on appeal within the period prescribed by

these RulesC

$c% 4ailure o' the appellant to pay the doc*et and other law'ul 'ees as provided in section o'Rule 1C

$d% Unauthori-ed alterations, oissions or additions in the approved record on appeal as

provided in section o' Rule C

$e% 4ailure o' the appellant to serve and 'ile the reuired nuber o' copies o' his brie' or

eorandu within the tie provided by these RulesC

$'% &bsence o' speci'ic assi#nent o' errors in the appellants brie', or o' pa#e re'erences to the

record as reuired in section 1", para#raphs $a%, $c%, $d% and $'% o' Rule C

$#% 4ailure o' the appellant to ta*e the necessary steps 'or the correction or copletion o' the

record within the tie liited by the court in its orderC

$h% 4ailure o' the appellant to appear at the preliinary con'erence under Rule @ or to coplywith orders, circulars, or directives o' the court without )usti'iable causeC and

$i% The 'act that the order or )ud#ent appealed 'ro is not appealable.



Re>uisites $or *otion $or )e7 rial :e$ore t4e CA (Rule 5%"

1. 'iled a'ter appeal has been per'ected and be'ore the !& loses )urisdiction.

2. Kround is newly discovered evidence which

1. could not have been discovered prior to the trial in the court below by the exercise

o' due dili#ence and

2. is o' such a character as would probably chan#e the result.

". accopanied by a''idavits showin#

1. the 'acts constitutin# the #rounds there'oreC and

2. the newly discovered evidence.

Ori2inal cases co2nia:le :e$ore t4e SC (Rule 5,"

1. petitions 'or1. certiorari

2. prohibition

". andaus

. uo warranto

. habeas corpus

/. disciplinary proceedin# a#ainst ebers o' the )udiciary and attorneys, and

?. cases a''ectin# abassadors, other public inisters and consuls

&n appeal to the Supree !ourt ay be ta*en only by a petition 'or review on certiorari, except

in criinal cases where the penalty iposed is death, reclusion perpetua or li'e iprisonent.;ence 'or any civil decision by the !& to #o to the S!, it ust be by pettion 'or review on

certiorari.

/rounds $or dis+issal o$ a00eal :e$ore t4e SC

1. 4ailure to ta*e the appeal within the re#leentary periodC

2. Lac* o' erit in the petitionC

". 4ailure to pay the reuisite doc*et 'ee and other law'ul 'ees or to a*e a deposit 'or

costsC

. 4ailure to coply with the reauireents re#ardin# proo' o' service and contents o' and

the docuents which should accopany the petitionC



bro*er, a#ent, or cler*, in the course o' his eployent as such, or by any other person in

a 'iduciary capacity, or 'or a will'ul violation o' dutyC

". 0n an action to recover the possession o' property un)ustly or 'raudulently ta*en, detained

or converted, when the property, or any part thereo', has been concealed, reoved, or

disposed o' to prevent its bein# 'ound or ta*en by the applicant or an authori-ed personC

. 0n an action a#ainst a party who has been #uilty o' a 'raud in contractin# the debt or

incurrin# the obli#ation upon which the action is brou#ht, or in the per'orance thereo'C

. 0n an action a#ainst a party who has reoved or disposed o' his property, or is about to

do so, with intent to de'raud his creditorsC or

/. 0n an action a#ainst a party who does not reside and is not 'ound in the hilippines, or on

who suons ay be served by publication.

. Preli+inary Inunction (Rule 5"

Finds o' in)unction

1. rohibitory1. preliinary

2. 'inal

". <andatory + an order which reuires the per'orance o' a particular act or acts

1. reliinary

2. 'inal

reliinary 0n)unction + an order #ranted at any sta#e o' an action or proceedin# prior to the

)ud#ent or 'inal order, reuirin# a party or a court, a#ency or a person to re'rain 'ro a particular act or acts. 0t ay also reuire the per'orance o' a particular act or acts, in which

case it shall be *nown as a preliinary andatory in)unction.

/rounds $or issuance o$ 0reli+inary inunction

1. the applicant is entitled to the relie' deanded, and the whole or part o' such relie'consists in restrainin# the coission or continuance o' the act or acts coplained o', or

in reuirin# the per'orance o' an act or acts either 'or a liited period or perpetuallyC

2. the coission, continuance or non9per'orance o' the act or acts coplained o' durin#the liti#ation would probably wor* in)ustice to the applicantC or

". a party, court, a#ency or a person is doin#, threatenin# or is atteptin# to do, or is

procurin# or su''erin# to be done, soe act or acts probably in violation o' the ri#hts o'the applicant respectin# the sub)ect o' the action or proceedin#, and tendin# to render the

)ud#ent ine''ectual.



Re>uisites $or 0reli+inary inunction or te+0orary restrainin2 order

1. veri'ied application showin# 'acts entitlin# the applicant to the relie' deanded

2. bond conditioned on payin# the party en)oined all daa#es which he ay sustain byreason o' the in)unction or teporary restrainin# order i' the court should 'inally decide

that the applicant was not entitled thereto

". KR6 hearin#. Exception6 court ay issue TR3 i' plainti'' ay su''er #rave or irreparablein)ury

84en 0rior or conte+0oraneous service o$ su++ons is not re>uired

1. suons could not be served personally or by substituted service despite dili#ent e''orts

2. the adverse party is a resident o' the hilippines teporarily absent

". the adverse party is a nonresident o' the hilippines

Sta2es o$ inunction

?2 hour TR3

1. i' the atter is o' extree ur#ency and the applicant will su''er #rave in)ustice andirreparable in)ury

2. issued by executive )ud#e o' a ultiple9sala court or the presidin# )ud#e o' a sin#le9sala

court

". issued ex parte, without hearin#

. therea'ter ust

1% serve suons and other docuents

2% conduct suary hearin# to deterine whether the TR3 shall be extended to 2B

days until the application 'or preliinary in)unction can be heard

2B9day TR3

1. 0' it shall appear 'ro the 'acts shown by a''idavits or by the veri'ied application that#reat or irreparable in)ury would result to the applicant be'ore the atter can be heard on

notice

2. 0' application is included in initiatory pleadin#

1% 5otice o' ra''le shall be preceded, or conteporaneously accopanied, by serviceo' suons, to#ether with a copy o' the coplaint or initiatory pleadin# and the applicants

a''idavit and bond, upon the adverse party in the hilippines.



2% Ra''led only a'ter notice to and in the presence o' the adverse party or the person to

be en)oined

1. issued with suary hearin# $to deterine whether the applicant will su''er #reat orirreparable in)ury% within 2 hours a'ter sheri''s return o' service andDor records are

received by the branch selected by ra''le2. :ithin 2B9day period court ust

9 order said party or person to show cause why the in)unction should not be #ranted

9 deterine whether or not the preliinary in)unction shall be #ranted, and accordin#ly issue thecorrespondin# order.

1. includin# the ori#inal ?2 hours, total e''ectivity o' TR3 shall

1% not exceed 2B days, i' issued by a RT! or <T!

2% not exceed /B days, i' issued by the !& or a eber thereo'

"% until 'uther orders, i' issued by the S!

1. TR3 is autoatically vacated upon expiration o' the period and without #rantin# o' preliinary in)unction

2. e''ectivity is not extendible without need o' any )udicial declaration to that e''ect

". no court shall have authority to extend or renew the sae on the sae #round 'or which it

was issued.

. reliinary in)unction

1. ;earin# and prior notice to the party sou#ht to be en)oined

2. 0' application is included in initiatory pleadin#

1% 5otice o' ra''le shall be preceded, or conteporaneously accopanied, by service

o' suons, to#ether with a copy o' the coplaint or initiatory pleadin# and the applicantsa''idavit and bond, upon the adverse party in the hilippines.

2% Ra''led only a'ter notice to and in the presence o' the adverse party or the person to

be en)oined

1. &pplicant posts a bond

2. 4inal in)unction

5ote that a bond is reuired only in preliinary in)unctions, but is not reuired in TR3s.

&'ter lapse o' the 2B day TR3, the court can still #rant a preliinary in)unction.



5ote that irreparable in)ury is always a reuisite in TR3s. (ut in the ?2 hour TR3, #rave

in)ustice ust also be shown. 0n the 2B day TR3, the #round is #reat or irreparable in)ury.

Paras v. Roura, 1/" S!R& 1 $1A@@% :ithout a preliinary in)unction, a TR3 issued by the !&expires without necessity o' court action.

G 5ote that TR3s issued by the S! are e''ected until 'urther orders.

/rounds $or o:ection to< or $or +otion o$ dissolution o$< inunction or restrainin2 order

1. upon showin# o' insu''iciency o' the application

2. other #rounds upon a''idavit o' the party or person en)oined

". appears a'ter hearin# that irreparable daa#e to the party or person en)oined will be

caused while the applicant can be 'ully copensated 'or such daa#es as he ay su''er,

and the party en)oined 'iles a counterbond

. insu''iciency o' the bond

. insu''iciency o' the surety or sureties

-. Receivers4i0 (Rule 56"

Receiver + an indi''erent person between the parties to a case, appointed by the court to receive

and preserve the property or 'und in liti#ation pendente lite, when it does not see reasonable to

the court that either party should hold it

urpose o' receivership + to preserve, adinister, or dispose o' property in liti#ation, pendente

lite

Instances 74en receivers4i0 +ay :e 2ranted

1. the party applyin# 'or the appointent o' a receiver has an interest in the property or 'und

which is the sub)ect o' the action or proceedin#, and that such property or 'und is indan#er o' bein# lost, or aterially in)ured unless a receiver be appointed to adinister

and preserve it

2. in an action by the ort#a#ee 'or the 'oreclosure o' a ort#a#e that the property is indan#er o' bein# wasted or dissipated or aterially in)ured, and that its value is probably

insu''icient to dischar#e the ort#a#e debt, or that the parties have so stipulated in the

contract o' ort#a#eC

". &'ter )ud#ent, to preserve the property durin# the pendency o' an appeal, or to dispose

o' it accordin# to the )ud#ent, or to aid execution when the execution has been returned

unsatis'ied or the )ud#ent obli#or re'uses to apply his property in satis'action o' the )ud#ent, or otherwise to carry the )ud#ent into e''ectC



. :henever in other cases it appears that the appointent o' a receiver is the ost

convenient and 'easible eans o' preservin#, adinisterin#, or disposin# o' the property

in liti#ation.

/eneral 0o7ers o$ receiver

1. to brin# and de'end, in such capacity, actions in his own nae

2. to ta*e and *eep possession o' the property in controversy

". to receive rents

. to collect debts due to hisel' as receiver or to the 'und, property, estate, person, orcorporation o' which he is the receiver

. to copound 'or and coproise the sae

/. to a*e trans'er

?. to pay outstandin# debts

@. to divide the oney and other property that shall reain aon# the persons le#ally

entitled to receive the sae

A. to do such acts respectin# the property as the court ay authori-e.

;owever, 'unds in the hands o' a receiver ay be invested only by order o' the court upon the

written consent o' all the parties to the action.

5o action ay be 'iled by or a#ainst a receiver without leave o' the court which appointed hi.

. Re0levin (Rule ,B"

& party prayin# 'or the recovery o' possession o' personal property ay, at the coenceent

o' the action or at any tie be'ore answer, apply 'or an order 'or the delivery o' such property to

hi, in the anner hereina'ter provided

Su00ort Pendente Lite (Rule ,-"

rovisions o' the 4aily !ode6

&rt. 1A. Support coprises everythin# indispensable 'or sustenance, dwellin#, clothin#, edicalattendance, education and transportation, in *eepin# with the 'inancial capacity o' the 'aily.

The education o' the person entitled to be supported re'erred to in the precedin# para#raph shall

include his schoolin# or trainin# 'or soe pro'ession, trade or vocation, even beyond the a#e o'a)ority. Transportation shall include expenses in #oin# to and 'ro school, or to and 'ro place

o' wor*. $2ABa%



&rt. 1A. Sub)ect to the provisions o' the succeedin# articles, the 'ollowin# are obli#ed to support

each other to the whole extent set 'orth in the precedin# article6

$1% The spousesC

$2% Le#itiate ascendants and descendantsC

$"% arents and their le#itiate children and the le#itiate and ille#itiate children o' the latterC

$% arents and their ille#itiate children and the le#itiate and ille#itiate children o' the

latterC and

$% Le#itiate brothers and sisters, whether o' 'ull or hal'9blood

&rt. 1A/. (rothers and sisters not le#itiately related, whether o' the 'ull or hal'9blood, areli*ewise bound to support each other to the 'ull extent set 'orth in &rticle 1A, except only when

the need 'or support o' the brother or sister, bein# o' a#e, is due to a cause iputable to theclaiants 'ault or ne#li#ence.

58802004 Rules of Civil Procedure

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Transcript of 58802004 Rules of Civil Procedure