1997 RULES OF CIVIL PROCEDURE.doc

7/27/2019 1997 RULES OF CIVIL PROCEDURE.doc

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1997 RULES OF CIVIL PROCEDURE, AS

AMENDED

(RULES 1-71, RULES OF COURT)

EFFECTIVE JULY 1, 1997

Per Resolution of the Supreme Court in BarMatter No. 803 Adopted in Baguio City on April

8, !!"

RULES OF COURT

Pursuant to the provisions of section 5 (5) of

Article VIII of the Constitution, the Supreme

Court hereby adopts and promulgates the

folloing rules concerning the protection and

enforcement of constitutional rights, pleading,

practice and procedure in all courts, the

admission to the practice of la, the Integrated

!ar, and legal assistance to the underprivileged"

RULE 1

Genera Pr!"#$#!n$

Se%!n 1'#itle of the Rules# $ %hese &ule shall

be 'non and cited as the &ules of Court# ()

Se%!n '$n %hat &ourts appli&a'le# $ %hese

&ules shall apply in all the courts, ecept asotherise provided by the Supreme Court# (n)

Se%!n 'Cases go(erned# $ %hese &ules shall

govern the procedure to be observed in actions,civil or criminal and special proceedings#

(a) A civil action is one by hich a party

sues another for the enforcement or

protection of a right, or the prevention

or redress of a rong, (a, &*)

A civil action may either be ordinary orspecial# !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# If an additional defendant is

impleaded in a later pleading, the action iscommenced ith regard to him on the dated of

the filing of such later pleading, irrespective of

hether the motion for its admission, ifnecessary, is denied by the court# (/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)

C#"# A%!n$

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

RULE

Ca/$e !0 A%!n

Se%!n 1' )rdinary &i(il a&tions,'asis of.$

0very ordinary civil action must be based on a

cause of action# (n)

Se%!n 'Cause of a&tion,defined# $ A cause

of action is the act or omission by hich a party

violates a right of another# (n)

Se%!n ')ne suit for a single &ause of a&tion#

$ A party may not institute more than one suit

for a single cause of action# (.a)

Se%!n *' Splitting a single &ause of

a&tion1effe&t of.$ If to or more suits are

instituted on the basis of the same cause of

action, the filing of one or a +udgment upon the

merits in any one is available as a ground for the

dismissal of the others# (-a)

Se%!n +'*oinder of &auses of a&tion# $ A

party may in one pleading assert, in the

alternative or otherise, as many causes of

action as he may have against an opposing party,

sub+ect to the folloing conditions"

(a) %he party +oining the causes of

action shall comply ith the rules on

+oinder of parties1

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(b) %he +oinder shall not include special

civil actions or actions governed by

special rules1

(c) 2here the causes of action are

beteen the same parties but pertain to

different venues or +urisdictions, the+oinder may be alloed in the &egional

%rial Court provided one of the causes

of action falls ithin the +urisdiction ofsaid court and the venue lies therein1 and

(d) 2here the claims in all the causes

action are principally for recovery of

money, the aggregate amount claimed

shall be the test of +urisdiction# (5a)

Se%!n 'Mis+oinder of &auses of a&tion# $

3is+oinder of causes of action is not a ground

for dismissal of an action# A mis+oined cause of

action may, on motion of a party or on the

initiative of the court, be severed and proceeded

ith separately# (n)

RULE

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

Se%!n 1' ho may 'e parties1plaintiff and

defendant# $ 4nly natural or +uridical persons,

or entities authoried by la may be parties in a

civil action# %he term plaintiff may refer to theclaiming party, the counter6claimant, the cross6

claimant, or the third (fourth, etc#) $ party

plaintiff# %he term defendant may refer to the

original defending party, the defendant in a

counter6claim, the cross6defendant, or the third

(fourth, etc#) $ party defendant# (a)

Se%!n 'Parties in interest# $ A real party ininterest is the party ho stands to be benefitedor in+ured by the +udgment in the suit, or the

party entitled to the avails of the suit# 7nless

otherise authoried by la or these &ules,

every action must be prosecuted or defended in

the name of the real party in interest# (*a)

Se%!n 'Representati(es as parties# $ 2here

the action is alloed to be prosecuted and

defended by a representative or someone acting

in a fiduciary capacity, the beneficiary shall be

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

representative may be a trustee of an epert

trust, a guardian, an eecutor or administrator, or

a party authoried by la or these &ules# An

agent acting in his on name and for the benefit

of 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 sued ith the assistance of his

father, mother, guardian, or if he has none, a

guardian ad litem# (5a)

Se%!n 'Permissi(e +oinder of parties# $ All

persons in hom or against hom any right to

relief in respect to or arising out of the same

transaction or series of transactions is alleged to

eist, hether +ointly, severally, or in the

alternative, may, ecept as otherise provided in

these &ules, +oin as plaintiffs or be +oined as

defendants in one complaint, here any 9uestion

of la or fact common to all such plaintiffs or to

all such defendants may arise in the action1 but

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

embarrassed 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 determination can be had of an action shall

be +oined either as plaintiffs or defendants# (:)

Se%!n ' Ne&essary party# $ A necessary

party is one ho is not indispensable but ho

ought to be +oined as a party if complete relief is

to be accorded as to those already parties, or fora complete determination or settlement of the

claim sub+ect of the action# (;a)

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

hich a claim is asserted a necessary party is not

+oined, the pleader shall set forth his name, if

'non, and shall state hy he is omitted# Should

the court find the reason for the omissionunmeritorious, it may order the inclusion of the

omitted necessary party if +urisdiction over his

person may be obtained#

%he failure to comply ith the order for hisinclusion, ithout +ustifiable cause, shall be

deemed a aiver of the claim against such party#

%he non6inclusion of a necessary party does not

prevent the court from proceeding in the action,

and the +udgment rendered therein shall be

ithout pre+udice to the rights of such necessary

party# (;a,


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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 ofparties# $ >either mis+oinder nor non6+oinder

of parties is ground for dismissal of an action#

Parties may be dropped or added by order of thecourt on motion of any party or on its on

initiative at any stage the action and on such

terms as are +ust# Any claim against a mis+oined

party may be severed and proceeded ith

separately# (a)

Se%!n 1' Class suit# $ 2hen the sub+ect

matter of the controversy is one of common or

general interest to many persons so numerousthat 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 to relief, he may +oin any

or all of them as defendants in the alternative,although a right to relief against one may be

inconsistent ith a right of relief against the

other# (.a)

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 entity ith +uridical personality

enter into a transaction, they may be sued under

the name by hich they are generally or

commonly 'non#

In the anser of such defendant, the name and

addresses of the persons composing said entity

must all be revealed# (5a)

Se%!n 1'1eath of party1duty of &ounsel# $

2henever a party to a pending action dies, and

the claim is not thereby etinguished, it shall be

the duty of his counsel to inform the 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 to comply ith his duty shall

be a ground for disciplinary action#

%he heirs of the deceased may be alloed to be

substituted for the deceased, ithout re9uiring

the appointment of an eecutor or administrator

and the court may appoint a guardian adlitemfor the minor heirs#

%he court shall forthith order said legal

representative or representatives to appear and

be substituted ithin a period of thirty (.=) days

from notice#

If no legal representative is named by the

counsel for the deceased party, or if the one so

named shall fail to appear ithin the specified

period, the court may order the opposing party,

ithin a specified time to procure the

appointment of an eecutor or administrator for

the estate of the deceased and the latter shall

immediately appear for and on behalf of the

deceased# %he court charges in procuring such

appointment, if defrayed by the opposing party,may be recovered as costs# (/a, :a)

Se%!n 17'1eath or separation of a party %ho

is a pu'li& offi&er# $ 2hen a public officer is a

party in an action in his official capacity and

during its pendency dies, resigns, or otherise

ceases to hold office, the action may be

continued and maintained by or against his

successor if, ithin thirty (.=) days after thesuccessor ta'es office or such time as may be

granted by the court, it is satisfactorily shon to

the court by any party that there is a substantial

need 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 by

his legal guardian or guardian ad litem# (


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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 aspending at the time of such death, it shall not be

dismissed but shall instead be alloed tocontinue until entry of final +udgment# A

favorable +udgment obtained by the plaintiff

therein shall be enforced in the manner

especially provided in these &ules for

prosecuting claims against the estate of a

deceased person# (*a)

Se%!n 1'$ndigent party# $ A party may be

authoried to litigate his action, claim or defense

as an indigent if the court, upon an e2

parteapplication and hearing, is satisfied that

the party is one ho has no money or 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 of stenographic notes hich the court

may order to be furnished him# %he amount of

the doc'et and other laful fees hich the

indigent as eempted from paying shall be a

lien on any +udgment rendered in the case

favorable to the indigent, unless the court

otherise provides#

Any adverse party may contest the grant of such

authority at any time before +udgment is

rendered by the trial court# If the court should

determine after hearing that the party declared as

an indigent is in fact a person ith sufficient

income or property, the proper doc'et and other

laful fees shall be assessed and collected by

the cler' of court# If payment is not made ithin

the time fied by the court, eecution shall issue

or the payment thereof, ithout pre+udice to

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

Se%!n 'Noti&e to the Soli&itor eneral# $

In any action involving the validity of anytreaty, la, ordinance, eecutive order,

presidential decree, rules or regulations, the

court, in its discretion, may re9uire the

appearance of the Solicitor @eneral ho may beheard in person or a representative duly

designated by him# (*.a)

RULE *

Ven/e !0 A%!n$

Se%!n 1' 4enue of real a&tions# $ Actions

affecting title to or possession of real property,

or interest therein, shall be commenced and tried

in the proper court hich has +urisdiction over

the area herein the real property involved, or a

portion thereof, is situated#

?orcible entry and detainer actions shall be

commenced and tried in the municipal trial court

of the municipality or city herein the realproperty involved, or a portion thereof, is

situated# (aB, *aBa)

Se%!n ' 4enue of personal a&tions# $ All

other actions may be commenced and tried

here the plaintiff or any of the principal

plaintiffs resides, or here the defendant or any

of 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 the Philippines,

and the action affects the personal status of the

plaintiff, or any property of said defendant

located in the Philippines, the action may becommenced 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 venue thereof#

(.a, 5a)

RULE +

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

Se%!n 1' niform pro&edure# $ %he

procedure in the 3unicipal %rial Courts shall be

the same as in the &egional %rial Courts, ecept

(a) here a particular provision epressly or

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)

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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 the parties submitted to the court

for appropriate +udgment# (a)

Se%!n 'Pleadings allo%ed# $ %he claims of

a party are asserted in a complaint, counterclaim,

cross6claim, third (fourth, etc#)6party complaint,

or complaint6in6intervention#

%he defenses of a party are alleged in the anser

to the pleading asserting a claim against him#

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

Se%!n ' Complaint# $ %he complaint is the

pleading alleging the plaintiffs cause or causesof 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 pleadingin 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 the claimant

essential to his cause or causes of action#

(b) An affirmative defense is anallegation of a ne matter hich, hile

hypothetically admitting the material

allegations in the pleading of the

claimant, ould nevertheless prevent or

bar recovery by him# %he affirmative

defenses include fraud, statute 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 opposing party# (/a)

Se%!n 7' Compulsory &ounter&laim# $ A

compulsory counterclaim is one hich, being

cogniable by the regular courts of +ustice, arises

out of or is connected ith the transaction or

occurrence constituting the sub+ect matter of the

opposing partys claim and does not re9uire for

its ad+udication the presence of third parties of

hom the court cannot ac9uire +urisdiction#Such a counterclaim must be ithin the

+urisdiction of the court both as to the amountand the nature thereof, ecept that in an original

action before the &egional %rial Court, the

counter6claim may be considered compulsory

regardless of the amount# (n)

Se%!n 'Cross-&laim# $ A cross6claim is any

claim by one party against a co6party arising out

of the transaction or occurrence that is the

sub+ect matter either of the original action or of

a counterclaim therein# Such cross6claim may

include a claim that the party against hom it is

asserted is or may be liable to the cross6claimantfor all or part of a claim asserted in the action

against the cross6claimant# (:)

Se%!n 9'Counter-&ounter&laims and &ounter-

&ross&laims# $ A counter6claim may be

asserted against an original counter6claimant#

A cross6claim may also be filed against an

original cross6claimant# (n)

Se%!n 12'Reply# $ A reply is a pleading, the

office or function of hich is to deny, or allege

facts in denial or avoidance of ne matters

alleged by ay of defense in the anser andthereby +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 forth in an amended or

supplemental complaint# ()

Se%!n 11' #hird, 5fourth, et&.67party

&omplaint# $ A third (fourth, etc#) $ party

complaint is a claim that a defending party may,

ith leave of court, file against a person not aparty 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 theoriginal action is re9uired for 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# (-)

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Se%!n 1'Ans%er to third 5fourth, et&.67party

&omplaint# $ A third (fourth, etc#) $ party

defendant may allege in his anser his defenses,

counterclaims or cross6claims, including such

defenses that the third (fourth, etc#) $ partyplaintiff may have against the original plaintiffs

claim# In proper cases, he may also assert acounterclaim against the original plaintiff in

respect of the latters claim against the third6

party plaintiff# (n)

RULE 7

Par&$ !0 a Pea#n4

Se%!n 1'Caption# $ %he caption sets forth the

name of the court, the title of the action, and the

doc'et number if assigned#

%he title of the action indicates the names of the

parties# %hey shall all be named in the original

complaint or petition1 but 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 or defenses, 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 numbered to be

readily identified, each of hich shall

contain a statement of a single set of

circumstances so far as that can be doneith convenience# A paragraph may be

referred to by its number in all

succeeding pleadings# (.a)

(b) eadings# $ 2hen to or more

causes of action are +oined the statement

of the first shall be prefaced by the

ords first cause of action, of the

second by second cause of action, and

so on for the others#

2hen one or more paragraphs in theanser are addressed to one of several

causes of action in the complaint, they

shall be prefaced by the ords anser

to the first cause of action or anser

to the second cause of action and so on1

and hen one or 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 or other

relief as may be deemed +ust ore9uitable# (.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 be remedied if it shall appear

that the same as due to mere inadvertence and

not intended for delay# Counsel ho deliberately

files an unsigned pleading, or signs a pleading in

violation of this &ule, or alleges scandalous or

indecent matter therein, or fails promptly report

to the court a change of his address, shall be

sub+ect to appropriate disciplinary action# (5a)

Se%!n *' 4erifi&ation# $ 0cept hen

otherise specifically re9uired by la or rule,

pleadings need not be under oath, verified or

accompanied by affidavit #(5a)

A pleading is verified by an affidavit that the

affiant has read the pleading and that the

allegations therein are true and correct of his'noledge and belief#

A pleading re9uired to be verified hich

contains a verification based on information

and belief, or upon 'noledge, information

and belief, or lac's a proper verification, shall

be treated as an unsigned pleading# (/a)

Se%!n +'Certifi&ation against forum shopping#

$ %he plaintiff or principal party shall certify

under oath in the complaint or other initiatory

pleading asserting a claim for relief, or in asorn certification anneed thereto and

simultaneously filed thereith" (a) that he has

not theretofore commenced any action or filed

any claim involving the same issues in any

court, tribunal or 9uasi6+udicial agency and, to

the best of his 'noledge, no such other action

or claim is pending therein1 (b) if there is such

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other pending action or claim, a complete

statement of the present status thereof1 and (c) if

he should thereafter learn that the same or

similar action or claim has been filed or is

pending, he shall report that fact ithin five (5)days there from to the court herein his

aforesaid complaint or initiatory pleading hasbeen filed#

?ailure to comply ith the foregoingre9uirements shall not be curable by mere

amendment of the complaint or other initiatory

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 non6

compliance ith any of the underta'ings therein

shall constitute indirect contempt of court,

ithout pre+udice to the correspondingadministrative and criminal actions# If the acts of

the party or his counsel clearly constitute illful

and deliberate forum shopping, the same shall be

ground for summary dismissal ith pre+udice

and shall constitute direct contempt, as ell as a

cause for administrative 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 direct statement of theultimate 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 clearly and

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 or defense alternatively or

hypothetically, either in one cause of action ordefense 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 be sufficient, 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 all conditions 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 or be 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 orthe capacity of any party to sue or be sued in a

representative capacity, shall do so by specificdenial, 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

circumstances constituting fraud or mista'e

must be stated ith particularity# 3alice, intent,

'noledge, or other condition of the mind of a

person may be averred generally#(5a)

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

+udicial or 9uasi6+udicial tribunal, or of a board

or officer, it is sufficient to aver the +udgment 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 ritten instrument or document, the substance

of such instrument or document shall be set forth

in the pleading, and the original or a copy

thereof shall be attached to the pleading as anehibit, 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 party does

not appear to be a party to the instrument or

hen compliance ith an order for an inspectionof the original instrument is refused# (;a)

Se%!n 9' )ffi&ial do&ument or a&t# $ In

pleading an official document or official act, it is

sufficient to aver that the document as issued

or the act done in compliance ith la# (


8/82

it as is true and material and shall deny only the

remainder# 2here a defendant is ithout

'noledge or information sufficient to form a

belief as to the truth of a material averment

made to the complaint, he shall so state, and thisshall have the effect of a denial# (=a)

Se%!n 11'Allegations not spe&ifi&ally denied

deemed admitted# $ 3aterial averment in the

complaint, other than those as to the amount ofunli9uidated 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, &


9/82

mista'en or inade9uate allegation or description

in any other respect, so that the actual merits of

the controversy may speedily be determined,

ithout regard to technicalities, and in the most

epeditious and inepensive manner# ()

Se%!n 'Amendments as a matter of right# $A party may amend his pleading once as a

matter of right at any time before a responsive

pleading is served or, in the case of a reply, atany time ithin ten (=) days after it is served#

(*a)

Se%!n 'Amendments 'y lea(e of &ourt# $

0cept as provided in the net preceding

section, substantial amendments may be made

only upon leave of court# !ut such leave may be

refused if it appears to the court that the motion

as made ith intent to delay# 4rders of thecourt upon the matters provided in this section

shall be made upon motion filed in court, and

after notice to the adverse party, and an

opportunity to be heard# (.a)

Se%!n *'9ormal amendments# $ A defect in

the designation of the parties and other clearly

clerical or typographical errors may be

summarily corrected by the court at any stage of

the action, at its initiative or on motion, provided

no pre+udice is caused thereby to the adverse

party# (-a)

Se%!n +' Amendment to &onform to orauthori:e presentation of e(iden&e# $ 2hen

issues not raised by the pleadings are tried ith

the epress or implied consent of the parties they

shall be treated in all respects as if they had been

raised in the pleadings# Such amendment of the

pleadings as may be necessary to cause them to

conform to the evidence and to raise these issues

may be made upon motion of any party at any

time, even after +udgment1 but failure to amend

does not effect the result of the trial of these

issues# If evidence is ob+ected to at the trial on

the ground that it is not ithin the issues made

by the pleadings, the court may allo the

pleadings to be amended and shall do so ithliberality 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 bemade# (5a)

Se%!n ' Supplemental pleadings# $ 7pon

motion of a party the court may, upon

reasonable notice and upon such terms as are+ust, permit him to serve a supplemental

pleading setting forth transactions, occurrences

or events hich have happened since the date of

the pleading sought to be supplemented# %he

adverse party may plead thereto ithin 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 byappropriate 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) days after service of

summons, unless a different period is fied by

the court# (la)

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

is a foreign private +uridical entity and service of

summons is made on the government official

designated by la to receive the same, theanser shall be filed ithin thirty (.=) days after

receipt of summons by such entity# (*a)

Se%!n 'Ans%er to amended &omplaint# $

2hen the plaintiff files an amended complaint

as a matter of right, the defendant shall anser

the same ithin fifteen (5) days after being

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 from notice of the order

admitting the same# An anser earlier filed may

serve as the anser to the amended complaint ifno 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,

9


10/82

etc#)$party complaint shall be governed by the

same rule as the anser to the complaint# (5a)

Se%!n 'Reply# $ A reply may be filed ithin

ten (=) days from service of the pleading

responded to# (/)

Se%!n 7'Ans%er to supplemental &omplain# $

A supplemental complaint may be ansered

ithin ten (=) days from notice of the order

admitting the same, unless a different period is

fied by the court# %he anser to the complaint

shall serve as the anser to the supplemental

complaint if no ne or supplemental anser is

filed# (n)

Se%!n '2isting &ounter&laim or &ross-&laim#

$ A compulsory counterclaim or a cross6claim

that a defending party 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 matured or 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# (


11/82

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 other papers shall be made by

presenting the original copies thereof, plainly

indicated as such, personally to the cler' ofcourt or by sending them by registered mail# In

the first case, the cler' of court shall endorse on

the pleading the date and hour of filing# In the

second case, the date of the mailing of motions,

pleadings, or any other papers or payments or

deposits, as shon by the post office stamp on

the envelope or the registry receipt, shall be

considered as the date of their filing, payment,

or deposit in court# %he envelope shall beattached to the record of the case# (a)

Se%!n *' Papers re;uired to 'e filed and

ser(ed# $ 0very +udgment, resolution, order,

pleading subse9uent to the complaint, ritten

motion, notice, appearance, demand, offer of

+udgment 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, +udgmentsand other papers shall be made either personally

or by mail# (.a)

Se%!n 'Personal ser(i&e# $ Service of the

papers may be made by delivering personally a

copy to the party or his counsel, or by leaving it

in his office ith his cler' or ith a person

having charge thereof# If no person is found in

his office, or his office is not 'non, or he has

no office, then by leaving the copy, beteen the

hours of eight in the morning and si in the

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 a sealed 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, servicemay be done by ordinary mail# (5a1 !ar 3atter

>o# ;=., : ?ebruary


12/82

place and manner 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 shallbe made by such affidavit and the registry

receipt issued by the mailing office# %he registryreturn card shall be filed immediately upon 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, the plaintiff and the

defendant, hen affirmative relief is claimed in

his anser, may record in the office of the

registry of deeds of the province in hich theproperty 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 province

affected 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 pendenshereinabove

mentioned may be cancelled only upon order of

the court, after proper shoing 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 berecorded# (*-a, &6-)

RULE 1*

S/33!n$

Se%!n 1'Cler/ to issue summons# $ 7pon the

filing of the complaint and the payment of there9uisite legal fees, the cler' of court shall

forthith issue the corresponding summons to

the defendants# (a)

Se%!n ' Contents# $ %he summons shall bedirected to the defendant, signed by the cler' of

court under seal and contain (a) the name of thecourt and the names of the parties to the action1

(b) a direction that the defendant anser ithin

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 litemif any, shall be

attached to the original and each copy of the

summons# (.a)

Se%!n 'By %hom ser(ed# $ %he summons

may be served by the sheriff, his deputy, orother 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 a copy 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 the defendants, the server shall also

serve a copy of the return on the plaintiffs

counsel, stating the reasons for the failure of

service, ithin five (5) days therefrom# In such acase, 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 a copy 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 time as 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 the copies at defendants office

or regular place of business ith some

competent person in charge thereof# (;a)

Se%!n 'Ser(i&e upon entity %ithout +uridi&al

personality# $ 2hen persons associated in anentity ithout +uridical personality are sued

under the name by hich they are generally or

commonly 'non, service may be effected upon

all the defendants by serving upon any one of

them, or upon the person in charge of the office

or place of business maintained in such name#

!ut such service shall not bind individually any

person hose connection ith the entity has,

upon due notice, been severed before the action

as brought# (


13/82

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 an incompetent, serviceshall be made upon him personally and on his

legal guardian if he has one, or if none his

guardian ad litemhose appointment shall beapplied for by the plaintiff# In the case of a

minor, service may also be made 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 or association organied

under the las of the Philippines ith a +uridical

personality, service may be made on thepresident, 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 entity hich 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 to that effect, or on any of itsofficers 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 may be 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 the defendant is designated as an

un'non oner, or the li'e, or henever his

hereabouts are un'non and cannot be

ascertained by diligent in9uiry, service may, by

leave 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, and the action affects the

personal status of the plaintiff or relates to, or

the sub+ect of hich is, property ithin the

Philippines, in hich the defendant has or

claims a 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 the defendant

has been attached ithin the Philippines, service

may, by leave of court, be effected out of the

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

circulation in such places and for such time asthe court may order, in hich case a copy of the

summons and order of the court shall be sent by

registered mail to the last 'non address of the

defendant, or in any other manner the court may

deem sufficient# Any order granting such leave

shall specify 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 residesithin the Philippines, but ho is temporarily

out of it, service may, by leave of court, be also

effected out of the Philippines, as under the

preceding section# (;a)

Se%!n 17'


14/82

RULE 1+

M!!n$

Se%!n 1'Motion defined# $ A motion is an

application for relief other than by a pleading#

(a)

Se%!n 'Motions must 'e in %ritings# $ All

motions shall be in riting ecept those made in

open court or in the course of a hearing or trial#

(*a)

Se%!n 'Contents# $ A motion shall state the

relief sought to be obtained and the grounds

upon hich it is based, and if re9uired by these&ules or necessary to prove facts alleged therein,

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

Se%!n *'earing of motion# $ 0cept for

motions hich the court may act upon ithout

pre+udicing the rights of the adverse party, every

ritten motion shall be set for hearing by the

applicant#

0very ritten motion re9uired to be heard and

the notice of the hearing thereof shall be servedin such a manner as to ensure its receipt by the

other party at least three (.) days before the date

of hearing, unless the court for good cause sets

the hearing on shorter notice# (-a)

Se%!n +'Noti&e of hearing# $ %he notice of

hearing shall be addressed to all parties

concerned, and shall specify the time and date of

the hearing hich must not be later than ten (=)

days after the filing of the motion# (5a)

Se%!n 'Proof of ser(i&e ne&essary# $ >oritten motion set for hearing shall be acted

upon by the court ithout proof of service

thereof# (/a)

Se%!n 7'Motion day# $ 0cept for motions

re9uiring immediate action, all motions shall be

scheduled for hearing on ?riday afternoons, or if

?riday is a non6or'ing day, in the afternoon of

the net or'ing day# (:a)

Se%!n ' )mni'us motion# $ Sub+ect to the

provisions of section of &ule


15/82

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, or order the amendmentof 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 period prescribed by &ule

to hich he as entitled at the time of serving

his motion, but not less than five (5) days in any

event, computed from his receipt of the notice of

the denial# If the pleading is ordered to be

amended, he shall file his anser ithin the

period prescribed by &ule counted from

service of the amended pleading, unless the

court provides 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 on paragraphs (f), (h) and (i) of

section hereof shall bar the refiling of the same

action or claim# (n)

Se%!n ' Pleading grounds as affirmati(e

defenses# $ If no motion to dismiss has been

filed, any of the grounds for dismissal provided

for in this &ule may be pleaded as an affirmative

defense in the anser and, in the discretion of

the court, a preliminary hearing may be 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 or separate action of a

counterclaim pleaded in the anser# (n)

RULE 17

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

Se%!n 1'1ismissal upon noti&e 'y plaintiff.$

A complaint may be dismissed by the plaintiff

by filing a notice of dismissal at any time before

service of the anser or of a motion for

summary +udgment# 7pon such notice being

filed, the court shall issue an order confirming

the dismissal# 7nless otherise stated in the

notice, the dismissal is ithout pre+udice, ecept

that a notice operates as an ad+udication upon

the merits hen filed by a plaintiff ho has 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 be dismissed at the plaintiffs

instance save upon approval of the court andupon such terms and conditions as the court

deems proper# If a counterclaim has been

pleaded by a defendant prior to the service upon

him of the plaintiffs motion for dismissal, the

dismissal shall be limited to the complaint# %he

dismissal shall be ithout pre+udice to the right

of the defendant to prosecute his counterclaim in

a separate action unless ithin fifteen (5) days

from notice of the motion he manifests hispreference to have his counterclaim resolved in

the same action# 7nless otherise specified in

the order, a dismissal under this paragraph shall

be ithout pre+udice# A class suit shall not be

dismissed or compromised ithout the approval

of the court# (*a)

Se%!n '1ismissal due to fault of plaintiff.$

If, for no +ustifiable cause, the plaintiff fails to

appear on the date of the presentation of his

evidence in chief on the complaint, or to

prosecute his action for an unreasonable lengthof time, or to comply ith these &ules or any

order of the court, the complaint may be

dismissed upon motion of the defendant or upon

the courts on motion, ithout pre+udice to the

right of the defendant to prosecute his

counterclaim in the same or in a separate action#%his dismissal shall have the effect of an

ad+udication upon the merits, unless otherise

declared by the court# (.a)

Se%!n *' 1ismissal of &ounter&laim,&ross-

&laim,or third-party &omplaint# $ %heprovisions of this &ule shall apply to the

dismissal of any counterclaim, cross6claim, or

third6party complaint# A voluntary dismissal by

the claimant by notice as in section of this

&ule, shall 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)

RULE 1

Pre-Tr#a

Se%!n 1' hen &ondu&ted# $ After the last

pleading has been served and filed, if shall be

15


16/82

the duty of the plaintiff to promptly move e2

partethat the case be set for pre6trial (5a, &*=)

Se%!n 'Nature and purpose# $ %he pre6trial

is mandatory# %he court shall consider"

(a) %he possibility of an amicable

settlement or of a submission to

alternative modes of dispute resolution1

(b) %he simplification of the issues1

(c) %he necessity or desirability of

amendments to the pleadings1

(d) %he possibility of obtaining

stipulations or admissions of facts and

of documents to avoid unnecessaryproof1

(e) %he limitation of the number of

itnesses1

(f) %he advisability of a preliminary

reference of issues to a commissioner1

(g) %he propriety of rendering +udgment

on the pleadings, or summary +udgment,

or of dismissing the action should a

valid ground therefor be found to eist1

(h) %he advisability or necessity of

suspending the proceedings1 and

(i) Such other matters as may aid in the

prompt disposition of the action# (a,

&*=)

Se%!n 'Noti&e of pre-trial# $ %he notice of

pre6trial shall be served on counsel, or on the

party ho has no counsel# %he counsel served

ith such notice is charged ith the duty ofnotifying the party represented by him# (n)

Se%!n *'Appearan&e of parties# $ It shall be

the duty of the parties and their counsel to

appear at the pre6trial# %he non6appearance of a

party may be ecused only if a valid cause is

shon therefor or if a representative shall appear

in his behalf fully authoried in riting to enter

into an amicable settlement, to submit to

alternative modes of dispute resolution, and to

enter into stipulations or admissions of facts and

of documents# (n)

Se%!n +'ffe&t of failure to appear# $ %he

failure of the plaintiff to appear hen so

re9uired pursuant to the net preceding sectionshall be cause for dismissal of the action# %he

dismissal shall be ith pre+udice, unless other6

ise ordered by the court# A similar failure on

the part of the defendant shall be cause to allo

the plaintiff to present his evidence e2 parteand

the court to render +udgment on the basis

thereof# (*a, &*=)

Se%!n 'Pre-trial 'rief.$ %he parties shall

file ith the court and serve on the adverseparty, in such manner as shall ensure their

receipt thereof at least three (.) days before the

date of the pre6trial, their respective pre6trialbriefs hich shall contain, among others"

(a) A statement of their illingness to

enter into amicable settlement or

alternative modes of dispute resolution,

indicating the desired terms thereof1

(b) A summary of admitted facts and

proposed stipulation of facts1

(c) %he issues to be tried or resolved1

(d) %he documents or ehibits to be

presented stating the purpose thereof1

(e) A manifestation of their having

availed or their intention to avail

themselves of discovery procedures or

referral to commissioners1 and

(f) %he number and names of the

itnesses, and the substance of their

respective testimonies#

?ailure to file the pre6trial brief shall have the

same effect as failure to appear at the pre6trial#

(n)

Se%!n 7' Re&ord of pre-trial# $ %he

proceedings in the pre6trial shall be recorded#

7pon the termination thereof, the court shall

issue an order hich shall recite in detail thematters ta'en up in the conference, the action

ta'en thereon, the amendments alloed to the

pleadings, and the agreements or admissions

made by the parties as to any of the matters

considered# Should the action proceed to trial,

the order shall, eplicitly define and limit theissues to be tried# %he contents of the order shall

control the subse9uent course of the action,

unless modified before trial to prevent manifest

in+ustice# (5a, &*=)

RULE 19

In&er"en!n

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

has a legal interest in the matter in litigation, or

16


17/82

in the success of either of the parties, or an

interest against both, or is so situated as to be

adversely affected by a distribution or other

disposition of property in the custody of the

court or of an officer thereof may, ith leave ofcourt, be alloed to intervene in the action# %he

court shall consider hether or not theintervention ill unduly delay or pre+udice the

ad+udication of the rights of the original parties,

and hether or not the intervenors rights may be

fully protected in a separate proceeding# (*aB,

bBa, &*)

Se%!n '#ime to inter(ene# $ %he motion to

intervene may be filed at any time before

rendition of +udgment by the trial court# A copy

of the pleading6in6intervention shall be attached

to the motion and served on the original parties#

(n)

Se%!n ' Pleadings-in-inter(ention# $ %he

intervenor shall file a complaint6in6intervention

if he asserts a claim against either or all of the

original parties, or an anser6in6intervention if

he unites ith the defending party in resisting a

claim against the latter# (*cBa, &*)

Se%!n *'Ans%er to &omplaint-in-inter(ention#

$ %he anser to the complaint6in6intervention

shall be filed ithin fifteen (5) days from

notice of the order admitting the same, unless adifferent period is fied by the court# (*dBa,

&*)

RULE 2

Caenar !0 Ca$e$

Se%!n 1' Calendar of &ases# $ %he cler' of

court, under the direct supervision of the +udge,shall 'eep a calendar of cases for pre6trial, for

trial, those hose trials ere ad+ourned or

postponed, and those ith motions to set for

hearing# Preference shall be given to ha'eas

&orpuscases, election cases, special civil

actions, and those so re9uired by la# (a, &**)

Se%!n ' Assignment of &ases# $ %he

assignment of cases to the different branches of

a court shall be done eclusively by raffle# %he

assignment shall be done in open session of

hich ade9uate notice shall be given so as toafford interested parties the opportunity to be

present# (:a, &**)

RULE 1

S/;!ena

Se%!n 1'Su'poena and su'poena du&es te&um#

$ Subpoena is a process directed to a person

re9uiring him to attend and to testify at the

hearing or the trial of an action, or at any

investigation conducted by competent authority,or for the ta'ing of his deposition# It may also

re9uire him to bring ith him any boo's,

documents, or other things under his control, inhich case it is called a subpoena du&es te&um#

(a, &*.)

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

may be issued by $

(a) the court before hom the itness is

re9uired to attend1

(b) the court of the place here the

deposition is to be ta'en1

(c) the officer or body authoried by la

to do so in connection ithinvestigations conducted by said officer

or body1 or

(d) any Eustice of the Supreme Court or

of the Court of Appeals in any case or

investigation pending ithin thePhilippines#

2hen application for a subpoena to a prisoner is

made, the +udge or officer shall eamine andstudy carefully such application to determine

hether the same is made for a valid purpose#

>o prisoner sentenced to death, re&lusion

perpetuaor life imprisonment and ho is

confined in any penal institution shall be

brought outside the said penal institution for

appearance or attendance in any court unlessauthoried by the Supreme Court (*a, &*.)

Se%!n '9orm and &ontents# $ A subpoena

shall state the name of the court and the title of

the action or investigation, shall be directed to

the person hose attendance is re9uired, and inthe case of a subpoena du&es te&um, it shall also

contain a reasonable description of the boo's,

documents or things demanded hich must

appear to the courtprima fa&ierelevant# (.a,

&*.)

Se%!n *' =uashing a su'poena# $ %he court

may 9uash a subpoena du&es te&umupon motion

promptly made and, in any event, at or beforethe time specified therein if it is unreasonable

and oppressive, or the relevancy of the boo's,

documents or things does not appear, or if the

person in hose behalf the subpoena is issued

17


18/82

fails to advance the reasonable cost of the

production thereof#

%he court may 9uash a subpoena

ad testifi&andumon the ground that the itness

is not bound thereby# In either case, the

subpoena may be 9uashed on the ground that theitness fees and 'ilometrage alloed by these

&ules ere not tendered hen the subpoena as

served# (-a, &*.)

Se%!n +'Su'poena for depositions# $ Proof of

service of a notice to ta'e a deposition, as

provided in sections 5 and *5 of &ule *., shall

constitute sufficient authoriation for the

issuance of subpoenas for the persons named in

said notice by the cler' of the court of the place

in hich the deposition is to be ta'en# %he cler'

shall not, hoever, issue a subpoena du&este&umto any such person ithout an order of the

court# (5a, &*.)

Se%!n ' Ser(i&e# $ Service of a subpoena

shall be made in the same manner as personal orsubstituted service of summons# %he original

shall be ehibited and a copy thereof delivered

to the person on hom it is served, tendering to

him the fees for one days attendance and the

'ilometrage alloed by these &ules, ecept that,

hen a subpoena is issued by or on behalf of the

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

%he service must be made so as to allo the

itness a reasonable time for preparation and

travel to the place of attendance# If the subpoena

is du&es te&um,the reasonable cost of producing

the boo's, documents or things demanded shall

also be tendered# (/a, &*.)

Se%!n 7'Personal appearan&e in &ourt# $ A

person present in court before a +udicial officer

may be re9uired to testify as if he ere in

attendance upon a subpoena is sued by such

court or officer# (=, &*.)

Se%!n 'Compelling attendan&e# $ In case of

failure of a itness to attend, the court or +udge

issuing the subpoena, upon proof of the service

thereof and of the failure of the itness, may

issue a arrant to the sheriff of the province, or

his deputy, to arrest the itness and bring him

before the court or officer here his attendance

is re9uired, and the cost of such arrant and

seiure of such itness shall be paid by the

itness if the court issuing it shall determine

that his failure to anser the subpoena asillful and ithout +ust ecuse# (, &*.)

Se%!n 9' Contempt# $ ?ailure by any person

ithout ade9uate cause to obey a subpoena

served upon him shall be deemed a contempt of

the court from hich the subpoena is issued# If

the subpoena as not issued by a court, the

disobedience thereto shall be punished in

accordance ith the applicable la or &ule# (*a

&*.)

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

itness ho resides more than one hundred

(==) 'ilometers from his residence to the placehere he is to testify by the ordinary course of

travel, or to a detention prisoner if no permission

of the court in hich his case is pending as

obtained# (


19/82

ith these &ules# %he deposition of a person

confined in prison may be ta'en only by leave of

court on such terms as the court prescribes# (a,

&*-)

Se%!n ' S&ope of e2amination# $ 7nless

otherise ordered by the court as provided bysection / or ; of this &ule, the deponent may

be eamined regarding any matter, not

privileged, hich is relevant to the sub+ect of thepending action, hether relating to the claim or

defense of any other party, including the

eistence, description, nature, custody,

condition, and location of any boo's,

documents, or other tangible things and the

identity and location of persons having

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

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

deponents may proceed as permitted at the trial

under sections . to ; of &ule .*# (.a, &*-)

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

proceeding, any part or all of a deposition, so far

as admissible under the rules of evidence, may

be used against any party ho as present or

represented at the ta'ing of the deposition or

ho had due notice thereof, in accordance ith

any one of the folloing provisions1

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

impeaching the testimony of deponent

as a itness1

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

deposition as an officer, director, or

managing agent of a public or private

corporation, partnership, or association

hich is a party may be used by an

adverse party for any purpose1

(c) %he deposition of a itness, hether

or not a party, may be used by any partyfor any purpose if the court finds" ()

that the itness is dead, or (*) that the

itness resides at a distance more than

one hundred (==) 'ilometers from the

place of trial or hearing, or is out of the

Philippines, unless it appears that his

absence as procured by the party

offering the deposition, or (.) that the

itness is unable to attend or testify

because of age, sic'ness, infirmity, or

imprisonment, or (-) that the party

offering the deposition has been unable

to procure the attendance of the itness

by subpoena1 or (5) upon application

and notice, that such eceptional

circumstances eist as to ma'e it

desirable, in the interest of +ustice and

ith due regard to the importance of

presenting the testimony of itnessesorally in open court, to allo the

deposition to be used1 and

(d) If only part of a deposition is offered

in evidence by a party, the adverse partymay re9uire him to introduce all of it

hich is relevant to the part introduced,

and any party may introduce any other

parts# (-a, &*-)

Se%!n +'ffe&t of su'stitution of parties# $

Substitution of parties does not affect the right to

use depositions previously ta'en1 and, hen an

action has been dismissed and another actioninvolving the same sub+ect is afterard brought

beteen the same parties or their representatives

or successors in interest, all depositions lafully

ta'en and duly filed in the former action may be

used in the latter as if originally ta'en therefor#

(5, &*-)

Se%!n ' )'+e&tions to admissi'ility# $

Sub+ect to the provisions of section *< of this

&ule, ob+ection may be made at the trial or

hearing, to receiving in evidence any deposition

or part thereof for any reason hich ouldre9uire the eclusion of the evidence if the

itness ere then present and testifying (/, &*-)

Se%!n 7'ffe&t of ta/ing depositions# $ A

party shall not be deemed to ma'e a person his

on itness for any purpose by ta'ing his

deposition# (:, &*-)

Se%!n 'ffe&t of using depositions# $ %he

introduction in evidence of the deposition or any

part thereof for any purpose other than that of

contradicting or impeaching the deponent ma'es

the deponent the itness of the party introducing

the deposition, but this shall not apply to the use

by an adverse party of a deposition as described

in paragraph (b) of section - of this &ule# (;,

&*-)

Se%!n 9'Re'utting deposition# $ At the trial

or hearing any party may rebut any relevant

evidence contained in a deposition hether

introduced by him or by any other party# (


20/82

Se%!n 11'Persons 'efore %hom depositions

may 'e ta/en in foreign &ountries# $ In a

foreign state or country, depositions may be

ta'en (a) on notice before a secretary of embassy

or legation, consul general, consul, vice6consul,or consular agent of the &epublic of the

Philippines, (b) before such person or officer asmay be appointed by commission or under

letters rogatory1 or (c) the person referred to in

section - hereof# (a, &*-)

Se%!n 1'Commission or letters rogatory# $

A commission or letters rogatory shall be issued

only hen necessary or convenient, on

application and notice, and on such terms, and

ith such direction as are +ust and appropriate#

4fficers may be designated in notices or

commissions either by name or descriptive title

and letters rogatory may be addressed to theappropriate +udicial authority in the foreign

country# (*a, &*-)

Se%!n 1'1is;ualifi&ation 'y interest# $ >o

deposition shall be ta'en before a person ho is

a relative ithin the sith degree of

consanguinity or affinity, or employee or

counsel of any of the parties, or ho is a relative

ithin the same degree, or employee of such

counsel1 or ho is financially interested in the

action# (.a, &*-)

Se%!n 1*' Stipulations regarding ta/ing of

depositions# $ If the parties so stipulate in

riting, depositions may be ta'en before any

person authoried to administer oaths, at any

time or place, in accordance ith these &ules

and hen so ta'en may be used li'e other

depositions# (-a, &*-)

Se%!n 1+' 1eposition upon oral

e2amination1 noti&e1 time and pla&e# $ A party

desiring to ta'e the deposition of any person

upon oral eamination shall give reasonable

notice in riting, to every other party to the

action# %he notice shall state the time and place

for ta'ing the deposition and the name and

address of each person to be eamined, if'non, and if the name is not 'non, a general

description sufficient to identify him or the

particular class or group to hich he belongs#

4n motion of any party upon hom the notice isserved, the court may for cause shon enlarge

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

Se%!n 1')rders for the prote&tion of parties

and deponents# $ After notice is served forta'ing a deposition by oral eamination, upon

motion seasonably made by any party or by the

person to be eamined and for good cause

shon, the court in hich the action is pending

may ma'e an order that the deposition shall not

be ta'en, or that it may be ta'en only at some

designated place other than that stated in the

notice, or that it may be ta'en only on ritten

interrogatories, or that certain matters shall not

be in9uired into, or that the scope of theeamination shall be held ith no one present

ecept the parties to the action and their officersor counsel, or that after being sealed the

deposition shall be opened only by order of the

court, or that secret processes, developments, or

research need not be disclosed, or that the

parties shall simultaneously file specified

documents or information enclosed in sealed

envelopes to be opened as directed by the court

or the court may ma'e any other order hich

+ustice re9uires to protect the party or itness

from annoyance, embarrassment, or oppression#

(/a, &*-)

Se%!n 17' Re&ord of

e2amination,oath1o'+e&tions# $ %he officer

before hom the deposition is to be ta'en shall

put the itness on oath and shall personally, or

by some one acting under his direction and in

his presence, record the testimony of the

itness# %he testimony shall be ta'en

stenographically unless the parties agree

otherise# All ob+ections made at the time of theeamination to the 9ualifications of the officer

ta'ing the deposition, or to the manner of tal'ing

it, or to the evidence presented, or to the conductof any party, and any other ob+ection to the

proceedings, shall be noted by the officer upon

the deposition# 0vidence ob+ected to shall be

ta'en sub+ect to the ob+ections# In lieu of

participating in the oral eamination, parties

served ith notice of ta'ing a deposition may

transmit ritten interrogatories to the officers,

ho shall propound them to the itness and

record the ansers (er'atim# (:, &*-)

Se%!n 1' Motion to terminate or limit

e2amination# $ At any time during the ta'ing ofthe deposition, on motion or petition of any

party or of the deponent, and upon a shoing

that the eamination is being conducted in bad

faith or in such manner as unreasonably to

annoy, embarrass, or oppress the deponent or

party, the court in hich the action is pending or

the &egional %rial Court of the place here the

deposition is being ta'en may order the officerconducting the eamination to cease forthith

from ta'ing the deposition, or may limit the

scope and manner of the ta'ing of the

deposition, as provided in section / of this&ule# If the order made terminates the

eamination, it shall be resumed thereafter only

upon the order of the court in hich the action is

pending# 7pon demand of the ob+ecting party or

deponent, the ta'ing of the deposition shall be

suspended for the time necessary to ma'e a

notice for an order# In granting or refusing such

20


21/82

order, the court may impose upon either party or

upon the itness the re9uirement to pay such

costs or epenses as the court may deem

reasonable# (;a, &*-)

Se%!n 19' Su'mission to

%itness1 &hanges1signing# $ 2hen thetestimony is fully transcribed, the deposition

shall be submitted to the itness for

eamination and shall be read to or by him,unless such eamination and reading are aived

by the itness and by the parties# Any changes

in form or substance hich the itness desires

to ma'e shall be entered upon the deposition by

the officer ith a statement of the reasons given

by the itness for ma'ing them# %he deposition

shall then be signed by the itness, unless the

parties by stipulation aive the signing or the

itness is ill or cannot be found or refuses tosign# If the deposition is not signed by the

itness, the officer shall sign it and state on the

record the fact of the aiver or of the illness or

absence of the itness or the fact of the refusal

to sign together ith the reason be given

therefor, if any, and the deposition may then be

used as fully as though signed, unless on a

motion to suppress under section *< (f) of this

&ule, the court holds that the reasons given forthe refusal to sign re9uire re+ection of the

deposition in hole or in part# (


22/82

the action is pending, on motion promptly made

by a party or a deponent, and for good cause

shon, may ma'e any order specified in

sections 5, / and ; of this &ule hich is

appropriate and +ust or an order that thedeposition shall not be ta'en before the officer

designated in the notice or that it shall not beta'en ecept upon oral eamination# (*;a, &*-)

Se%!n 9'ffe&t of errors and irregularities in

depositions# $

(a) As to noti&e# $ All errors and

irregularities in the notice for ta'ing a

deposition are aived unless ritten

ob+ection is promptly served upon the

party giving the notice#

(b)As to dis;ualifi&ation of offi&er# $

4b+ection to ta'ing a deposition because

of dis9ualification of the officer before

hom it is to be ta'en is aived unless

made before the ta'ing of the deposition

begins or as soon thereafter as thedis9ualification becomes 'non or

could be discovered ith reasonable

diligence#

(c) As to &ompeten&y or rele(an&y of

e(iden&e# $ 4b+ections to the

competency of itness or the

competency, relevancy, or materiality of

testimony are not aived by failure toma'e them before or during the ta'ing

of the deposition, unless the ground, of

the ob+ection is one hich might have

been obviated or removed if presented at

that time#

(d) As to oral e2amination and other

parti&ulars# $ 0rrors and irregularities

occurring at the oral eamination in the

manner of ta'ing the deposition in the

form of the 9uestions or ansers, in the

oath or affirmation, or in the conduct of

the parties and errors of any 'ind hich

might be obviated, removed, or cured if

promptly prosecuted, are aived unless

reasonable ob+ection thereto is made at

the ta'ing of the deposition#

(e)As to form of %ritten interrogatories#

$ 4b+ections to the form of ritten

interrogatories submitted under sections

*5 and */ of this &ule are aived unless

served in riting upon the party

propounding them ithin the time

alloed for serving succeeding cross or

other interrogatories and ithin three (.)

days after service of the last

interrogatories authoried#

(f) As to manner of preparation# $

0rrors and irregularities in the manner in

hich the testimony is transcribed or the

deposition is prepared, signed, certified,

sealed, indorsed, transmitted, filed, orotherise dealt ith by the officer under

sections :,


23/82

Se%!n *' )rder and e2amination# $ If the

court is satisfied that the perpetuation of the

testimony may prevent a failure or delay of

+ustice, it shall ma'e an order designating or

describing the persons hose deposition may beta'en and specifying the sub+ect matter of the

eamination and hether the depositions shallbe ta'en upon oral eamination or ritten

interrogatories# %he depositions may be ta'en in

accordance ith &ule *. before the hearing# (-a,

&.-)

Se%!n +' Referen&e to &ourt# $ ?or the

purpose of applying &ule *. to depositions for

perpetuating testimony, each reference therein to

the court in hich the action is pending shall be

deemed to refer to the court in hich the petition

for such deposition as filed# (5a, &.-)

Se%!n 'se of deposition# $ If a deposition

to perpetuate testimony is ta'en under this &ule,

or if, although not so ta'en, it ould be

admissible in evidence, it may be used in any

action involving the same sub+ect matter sub6

se9uently brought in accordance ith the

provisions of sections - and 5 of &ule *.# (/a,

&.-)

Se%!n 7'1epositions pending appeal# $ If an

appeal has been ta'en from a +udgment of a

court, including the Court of Appeals in propercases, or before the ta'ing of an appeal if the

time therefor has not epired, the court in hich

the +udgment as rendered may allo the ta'ing

of depositions of itnesses to perpetuate their

testimony for in the event of further proceedings

in the said court# In such case the party ho

desires to perpetuate the testimony may ma'e a

motion in the said court for leave to ta'e the

depositions, upon the same notice and service

thereof as if the action as pending therein# %he

motion shall state (a) the names and addresses of

the persons to be eamined and the substance ofthe testimony hich he epects to elicit from

each, and (b) the reason for perpetuating their

testimony# If the court finds that the perpetuation

of the testimony is proper to avoid a failure or

delay of +ustice, it may ma'e an order alloing

the deposition to be ta'en, and thereupon the

depositions may be ta'en and used in the same

manner and under the same conditions as are

prescribed in these &ules for depositions ta'en

in pending actions# (:a, &.-)

RULE +

In&err!4a&!r#e$ &! Pare$

Se%!n 1' $nterrogatories to parties1ser(i&e

thereof.$ 7nder the same conditions specified

in section of &ule *., any party desiring to

elicit material and relevant facts from any

adverse parties shall file and serve upon thelatter ritten interrogatories to be ansered by

the party served or, if the party served is a publicor private corporation or a partnership or

association, by any officer thereof competent to

testify in its behalf# (a)

Se%!n 'Ans%er to interrogatories# $ %he

interrogatories shall be ansered fully in riting

and shall be signed and sorn to by the person

ma'ing them# %he party upon hom the

interrogatories have been served shall file and

serve a copy of the ansers on the party

submitting the interrogatories ithin fifteen (5)

days after service thereof unless the court onmotion and for good cause shon, etends or

shor

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1997 RULES OF CIVIL PROCEDURE.doc