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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# (
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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, &
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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,
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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# (
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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
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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# (
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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'
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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
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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
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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
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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
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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# (
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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# (
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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
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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# (
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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 :,
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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