1997 rules of civil procedure(1)

8/12/2019 1997 Rules of Civil Procedure(1)

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1997 RULES OF CIVIL PROCEDURE, AS AMENDED

(RULES 1-71, RULES OF COURT)

EFFECTIVE JULY 1, 1997

Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted inBaguio 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 rulesconcerning the protection and enforcement of constitutional rights, pleading,practice and procedure in all courts, the admission to the practice of la, theIntegrated !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 thecourts, ecept as otherise 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 theenforcement or protection of a right, or the prevention or redress of arong, (a, &*)

A civil action may either be ordinary or special# !oth are governed bythe rules for ordinary civil actions, sub+ect to the specific rulesprescribed for a special civil action# (n)

(b) A criminal action is one by hich the State prosecutes a personfor an act or omission punishable by la# (n)

(c) A special proceeding is a remedy by hich a party see's toestablish a status, a right, or a particular fact# (*a, &*)

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Se%!n +'$n %hat &ase not appli&a'le# $ %hese &ules shall not apply toelection cases, land registration, cadastral, naturaliation and insolvencyproceedings, and other cases not herein provided for, ecept by analogy or ina suppletory character and henever practicable and convenient# (&-.a)

Se%!n *'Commen&ement of a&tion# $ A civil action is commenced by thefiling of the original complaint in court# If an additional defendant is impleadedin a later pleading, the action is commenced ith regard to him on the dated

of the filing of such later pleading, irrespective of hether the motion for itsadmission, if necessary, is denied by the court# (/a)

Se%!n 'Constru&tion# $ %hese &ules shall be liberally construed in orderto promote their ob+ective of securing a +ust, speedy and inepensivedisposition 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 mustbe based on a cause of action# (n)

Se%!n 'Cause of a&tion,defined# $ A cause of action is the act oromission 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 institutemore 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 suitsare 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 theothers# (-a)

Se%!n *'*oinder of &auses of a&tion# $ A party may in one pleadingassert, in the alternative or otherise, as many causes of action as he mayhave against an opposing party, sub+ect to the folloing conditions"

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(a) %he party +oining the causes of action shall comply ith the ruleson +oinder of parties1

(b) %he +oinder shall not include special civil actions or actionsgoverned by special rules1

(c) 2here the causes of action are beteen the same parties butpertain to different venues or +urisdictions, the +oinder may be

alloed in the &egional %rial Court provided one of the causes ofaction falls ithin the +urisdiction of said court and the venue liestherein1 and

(d) 2here the claims in all the causes action are principally forrecovery of money, the aggregate amount claimed shall be the testof +urisdiction# (5a)

Se%!n 'Mis+oinder of &auses of a&tion# $ 3is+oinder of causes of action isnot a ground for dismissal of an action# A mis+oined cause of action may, onmotion of a party or on the initiative of the court, be severed and proceededith 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 the claiming party, the counter6claimant, thecross6claimant, or the third (fourth, etc#) $ party plaintiff# %he term

defendant may refer to the original defending party, the defendant in acounter6claim, the cross6defendant, or the third (fourth, etc#) $ partydefendant# (a)

Se%!n 'Parties in interest# $ A real party in interest is the party hostands to be benefited or in+ured by the +udgment in the suit, or the partyentitled to the avails

of the suit# 7nless otherise authoried by la or these &ules, every actionmust 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 beprosecuted and defended by a representative or someone acting in afiduciary capacity, the beneficiary shall be included in the title of the case andshall be deemed to be the real property in interest# A representative may be a

trustee of an epert trust, a guardian, an eecutor or administrator, or a party

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authoried by la or these &ules# An agent acting in his on name and forthe benefit of an undisclosed principal may sue or be sued ithout +oining theprincipal 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 tobe 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 againsthom any right to relief in respect to or arising out of the same transaction orseries of transactions is alleged to eist, hether +ointly, severally, or in thealternative, may, ecept as otherise provided in these &ules, +oin asplaintiffs or be +oined as defendants in one complaint, here any 9uestion ofla or fact common to all such plaintiffs or to all such defendants may arise inthe action1 but the court may ma'e such orders as may be +ust to prevent anyplaintiff 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 interestithout hom no final determination can be had of an action shall be +oinedeither as plaintiffs or defendants# (:)

Se%!n 'Ne&essary party# $ A necessary party is one ho is notindispensable but ho ought to be +oined as a party if complete relief is to beaccorded as to those already parties, or for a complete determination orsettlement of the claim sub+ect of the action# (;a)

Se%!n 9'Non-+oinder of ne&essary parties to 'e pleaded# $ 2henever inany pleading in hich a claim is asserted a necessary party is not +oined, thepleader shall set forth his name, if 'non, and shall state hy he is omitted#Should the court find the reason for the omission unmeritorious, it may order the

inclusion of the omitted necessary party if +urisdiction over his person may beobtained#

%he failure to comply ith the order for his inclusion, 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 fromproceeding 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 shouldbe +oined as plaintiff can not be obtained, he may be made a defendant andthe reason therefor shall be stated in the complaint# (=)

Se%!n 11'Mis+oinder and non-+oinder of parties# $ >either mis+oinder nornon6+oinder of parties is ground for dismissal of an action# Parties may bedropped or added by order of the court on motion of any party or on its oninitiative 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 oneof common or general interest to many persons so numerous that it isimpracticable to +oin all as parties, a number of them hich the court finds tobe sufficiently numerous and representative as to fully protect the interests ofall concerned may sue or defend for the benefit of all# Any party in interestshall have the right to intervene to protect his individual interest# (*a)

Se%!n 1'Alternati(e defendants# $ 2here the plaintiff is uncertainagainst 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 onemay be inconsistent ith a right of relief against the other# (.a)

Se%!n 1+'n/no%n identity or name of defendant# $ 2henever theidentity or name of a defendant is un'non, he may be sued as the un'nononer heir devisee, or by such other designation as the case may re9uire,hen his identity or true name is discovered, the pleading must be amendedaccordingly# (-)

Se%!n 1*'ntity %ithout +uridi&al personality as defendant# $ 2hen to ormore persons not organied as an entity ith +uridical personality enter into atransaction, they may be sued under the name by hich they are generally orcommonly '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 apending action dies, and the claim is not thereby etinguished, it shall be theduty of his counsel to inform the court ithin thirty (.=) days after such deathof the fact thereof, and to give the name and address of his legalrepresentative or representatives# ?ailure of counsel to comply ith his dutyshall be a ground for disciplinary action#

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%he heirs of the deceased may be alloed to be substituted for thedeceased, ithout re9uiring the appointment of an eecutor or administratorand the court may appoint a guardian ad litemfor the minor heirs#

%he court shall forthith order said legal representative or representatives toappear 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 courtmay order the opposing party, ithin a specified time to procure theappointment of an eecutor or administrator for the estate of the deceasedand the latter shall immediately appear for and on behalf of the deceased#%he court charges in procuring such appointment, if defrayed by theopposing 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 apublic officer is a party in an action in his official capacity and during itspendency dies, resigns, or otherise ceases to hold office, the action may becontinued and maintained by or against his successor if, ithin thirty (.=)days after the successor 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 asubstantial need for continuing or maintaining it and that the successoradopts or continues or threatens to adopt or continue to adopt or continue theaction of his predecessor# !efore a substitution is made, the party or officerto be affected, unless epressly assenting thereto, shall be given reasonablenotice 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 incompetentor incapacitated, the court, upon motion ith notice, may allo the action tobe continued by or against the incompetent or incapacitated person assistedby his legal guardian or guardian ad litem# (


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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 andhearing, is satisfied that the party is one ho has no money or propertysufficient and available for food, shelter and basic necessities for himself andhis family#

Such authority shall include an eemption from payment of doc'et and otherlaful 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 feeshich the indigent as eempted from paying shall be a lien on any+udgment rendered in the case favorable to the indigent, unless the courtotherise 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 afterhearing that the party declared as an indigent is in fact a person ithsufficient income or property, the proper doc'et and other laful fees shall beassessed and collected by the cler' of court# If payment is not made ithinthe 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 thevalidity of any treaty, la, ordinance, eecutive order, presidential decree,rules or regulations, the court, in its discretion, may re9uire the appearanceof the Solicitor @eneral ho may be heard in person or a representative dulydesignated by him# (*.a)

RULE +

Ven/e !0 A%!n$

Se%!n 1'4enue of real a&tions# $ Actions affecting title to or possession ofreal property, or interest therein, shall be commenced and tried in the propercourt 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 themunicipal trial court of the municipality or city herein the real propertyinvolved, or a portion thereof, is situated# (aB, *aBa)

Se%!n '4enue of personal a&tions# $ All other actions may becommenced and tried here the plaintiff or any of the principal plaintiffs

resides, or here the defendant or any of the principal defendants resides, or

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in the case of a non6resident defendant here he may be found, at theelection of the plaintiff# (*bBa)

Se%!n '4enue of a&tions against nonresidents# $ If any of the defendantsdoes not reside and is not found in the Philippines, and the action affects thepersonal status of the plaintiff, or any property of said defendant located inthe Philippines, the action may be commenced and tried in the court of theplace 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 f ilingof 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 %rialCourts shall be the same as in the &egional %rial Courts, ecept (a) here aparticular 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 inthese &ules shall include 3etropolitan %rial Courts, 3unicipal %rial Courts inCities, 3unicipal %rial Courts, and 3unicipal Circuit %rial Courts# (a)

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

RULE

5#n$ O0 Pea#n4$

Se%!n 1'Pleadings defined# $ Pleadings are the ritten statements of therespective claims and defenses of the parties submitted to the court forappropriate +udgment# (a)

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Se%!n 'Pleadings allo%ed# $ %he claims of a party are asserted in acomplaint, counterclaim, cross6claim, third (fourth, etc#)6party complaint, orcomplaint6in6intervention#

%he defenses of a party are alleged in the anser to the pleading asserting aclaim against him#

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

Se%!n 'Complaint# $ %he complaint is the pleading alleging the plaintiffscause or causes of action# %he names and residences of the plaintiff anddefendant must be stated in the complaint# (.a)

Se%!n +'Ans%er# $ An anser is a pleading in hich a defending partysets 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 orcauses of action#

(b) An affirmative defense is an allegation of a ne matter hich,hile hypothetically admitting the material allegations in the pleadingof 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 confessionand avoidance# (5a)

Se%!n 'Counter&laim# $ A counterclaim is any claim hich a defendingparty may have against an opposing party# (/a)

Se%!n 7'Compulsory &ounter&laim# $ A compulsory counterclaim is onehich, being cogniable by the regular courts of +ustice, arises out of or isconnected ith the transaction or occurrence constituting the sub+ect matterof the opposing partys claim and does not re9uire for its ad+udication thepresence of third parties of hom the court cannot ac9uire +urisdiction# Sucha counterclaim must be ithin the +urisdiction of the court both as to theamount and the nature thereof, ecept that in an original action before the&egional %rial Court, the counter6claim may be considered compulsoryregardless of the amount# (n)

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Se%!n 'Cross-&laim# $ A cross6claim is any claim by one party against aco6party arising out of the transaction or occurrence that is the sub+ect mattereither of the original action or of a counterclaim therein# Such cross6claimmay include a claim that the party against hom it is asserted is or may beliable to the cross6claimant for all or part of a claim asserted in the actionagainst the cross6claimant# (:)

Se%!n 9'Counter-&ounter&laims and &ounter-&ross&laims# $ A counter6

claim 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 isto deny, or allege facts in denial or avoidance of ne matters alleged by ayof defense in the anser and thereby +oin or ma'e issue as to such nematters# If a party does not file such reply, all the ne matters alleged in theanser are deemed controverted#

If the plaintiff ishes to interpose any claims arising out of the ne matters soalleged, 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, fileagainst a person not a party to the action, called the third (fourth, etc#) $party defendant for contribution, indemnity, subrogation or any other relief, inrespect of his opponents claim# (*a)

Se%!n 1'Bringing ne% parties# $ 2hen the presence of parties otherthan those to the original action is re9uired for the granting of complete reliefin the determination of a counterclaim or cross6claim, the court shall orderthem to be brought in as defendants, if +urisdiction over them can be

obtained# (-)

Se%!n 1'Ans%er to third 5fourth, et&.67party &omplaint# $ A third (fourth,etc#) $ party defendant may allege in his anser his defenses,counterclaims or cross6claims, including such defenses that the third (fourth,etc#) $ party plaintiff may have against the original plaintiffs claim# In propercases, he may also assert a counterclaim against the original plaintiff inrespect of the latters claim against the third6party plaintiff# (n)

RULE 7

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Par&$ !0 a Pea#n4

Se%!n 1'Caption# $ %he caption sets forth the name of the court, the titleof the action, and the doc'et number if assigned#

%he title of the action indicates the names of the parties# %hey shall all benamed in the original complaint or petition1 but in subse9uent pleadings, itshall 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 thedate of the pleading# (n)

(a) Paragraphs# $ %he allegations in the body of a pleading shall bedivided into paragraphs so numbered to be readily identified,each of hich shall contain a statement of a single set ofcircumstances so far as that can be

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(b) done ith convenience# A paragraph may be referred to by itsnumber in all succeeding pleadings# (.a)

(b) eadings# $ 2hen to or more causes of action are +oined thestatement of the first shall be prefaced by the ords first cause ofaction, of the second by second cause of action, and so on for theothers#

2hen one or more paragraphs in the anser are addressed to oneof several causes of action in the complaint, they shall be prefaced

by the ords anser to the first cause of action or anser to thesecond cause of action and so on1 and hen one or moreparagraphs 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 mayadd a general prayer for such further or other relief as may bedeemed +ust or e9uitable# (.a, &/)

(d) 1ate# $ 0very pleading shall be dated# (n)

Se%!n 'Signature and address# $ 0very pleading must be signed by theparty or counsel representing him, stating in either case his address hichshould not be a post office bo#

%he signature of counsel constitutes a certificate by him that he has read thepleading1 that to the best of his 'noledge, information, and belief there isgood ground to support it1 and that it is not interposed for delay#

An unsigned pleading produces no legal effect# 8oever, the court may, in itsdiscretion, allo such deficiency to be remedied if it shall appear that thesame as due to mere inadvertence and not intended for delay# Counselho deliberately files an unsigned pleading, or signs a pleading in violation ofthis &ule, or alleges scandalous or indecent matter therein, or fails promptlyreport to the court a change of his address, shall be sub+ect to appropriatedisciplinary action# (5a)

Se%!n +'4erifi&ation# $ 0cept hen otherise specifically re9uired by laor rule, pleadings need not be under oath, verified or accompanied byaffidavit #(5a)

A pleading is verified by an affidavit that the affiant has read the pleading andthat the allegations therein are true and correct of his 'noledge and belief#

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A pleading re9uired to be verified hich contains a verification based oninformation and belief, or upon 'noledge, information and belief, or lac'sa proper verification, shall be treated as an unsigned pleading# (/a)

Se%!n *'Certifi&ation against forum shopping# $ %he plaintiff or principalparty shall certify under oath in the complaint or other initiatory pleadingasserting a claim for relief, or in a sorn certification anneed thereto andsimultaneously filed thereith" (a) that he has not theretofore commencedany action or filed any claim involving the same issues in any court, tribunalor 9uasi6+udicial agency and, to the best of his 'noledge, no such other

action or claim is pending therein1 (b) if there is such other pending action orclaim, a complete statement of the present status thereof1 and (c) if he shouldthereafter learn that the same or similar action or claim has been filed or ispending, he shall report that fact ithin five (5) days therefrom to the courtherein his aforesaid complaint or initiatory pleading has been filed#

?ailure to comply ith the foregoing re9uirements shall not be curable bymere amendment of the complaint or other initiatory pleading but shall because for the dismissal of the case ithout pre+udice, unless otheriseprovided, upon motion and after hearing# %he submission of a falsecertification or non6compliance ith any of the underta'ings therein shallconstitute indirect contempt of court, ithout pre+udice to the corresponding

administrative and criminal actions# If the acts of the party or his counselclearly constitute illful and deliberate forum shopping, the same shall be

ground for summary dismissal ith pre+udice and shall constitute directcontempt, 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 andlogical form, a plain, concise and direct statement of the ultimate facts onhich 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 andtheir applicability to him shall be clearly and concisely stated# (n)

Se%!n 'Alternati(e &auses of a&tion or defenses# $ A party may set forthto or more statements of a claim or defense alternatively or hypothetically,

either in one cause of action or defense or in separate causes of action ordefenses# 2hen to or

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more statements are made in the alternative and one of them if madeindependently ould be sufficient, the pleading is not made insufficient by theinsufficiency of one or more of the alternative statements# (*)

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

Se%!n +'Capa&ity# $ ?acts shoing the capacity of a party to sue or besued 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 aparty, must be averred# A party desiring to raise an issue as to the legaleistence of any party or the capacity of any party to sue or be sued in arepresentative capacity, shall do so by specific denial, hich shall includesuch supporting particulars as are peculiarly ithin the pleaders 'noledge#(-)

Se%!n *'9raud, mista/e, &ondition of the mind# $ In all averments of fraudor mista'e the circumstances constituting fraud or mista'e must be statedith particularity# 3alice, intent, 'noledge, or other condition of the mind ofa person may be averred generally#(5a)

Se%!n '*udgment# $ In pleading a +udgment or decision of a domestic orforeign court, +udicial or 9uasi6+udicial tribunal, or of a board or officer, it issufficient to aver the +udgment or decision ithout setting forth mattershoing +urisdiction to render it# (/)

Se%!n 7'A&tion or defense 'ased on do&ument# $ 2henever an action ordefense is based upon a ritten instrument or document, the substance ofsuch instrument or document shall be set forth in the pleading, and the

original or a copy thereof shall be attached to the pleading as an ehibit,hich shall be deemed to be a part of the pleading, or said copy may ithli'e effect be set forth in the pleading# (:)

Se%!n 'o% to &ontest su&h do&uments# $ 2hen an action or defense isfounded upon a ritten instrument, copied in or attached to thecorresponding pleading as provided in the preceding section, thegenuineness and due eecution of the instrument shall be deemed admittedunless the adverse party, under oath specifically denies them, and sets forthhat he claims to be the facts, but the re9uirement of an oath does not applyhen the adverse party does not appear to be a party to the instrument orhen compliance ith an order for an inspection of the original instrument is

refused# (;a)

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Se%!n 9')ffi&ial do&ument or a&t# $ In pleading an official document orofficial act, it is sufficient to aver that the document as issued or the actdone in compliance ith la# (


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Se%!n 'Compulsory &ounter&laim,or &ross-&laim,not set up 'arred# $ A

compulsory counterclaim, or a cross6claim, not set up shall be barred# (-a)

Se%!n '1efault1de&laration of.$ If the defending party fails to anserithin the time alloed therefor, the court shall, upon motion of the claimingparty ith notice to the defending party, and proof of such failure, declare thedefending party in default# %hereupon, the court shall proceed to render+udgment granting the claimant such relief as his pleading may arrant,unless the court in its discretion re9uires the claimant to submit evidence#Such reception of evidence may be delegated to the cler' of court# (a, &;)

(a) ffe&t of order of default# $ A party in default shall be entitled to

notice of subse9uent proceedings but not to ta'e part in the trial# (*a,&;)

(b) Relief from order of default# $ A party declared in default may atany time after notice thereof and before +udgment file a motion underoath to set aside the order of default upon proper shoing that hisfailure to anser as due to fraud, accident, mista'e or ecusablenegligence and that he has a meritorious defense# In such case, theorder of default may be set aside on such terms and conditions asthe +udge may impose in the interest of +ustice# (.a, &;)

(c) ffe&t of partial default# $ 2hen a pleading asserting a claim

states a common cause of action against several defending parties,

some of hom anser and the others fail to do so, the court shall trythe case against all upon the ansers thus filed and render +udgmentupon the evidence presented# (-a, &;)#

(d) 2tent of relief to 'e a%arded# $ A +udgment rendered against aparty in default shall not eceed the amount or be different in 'indfrom that prayed for nor aard unli9uidated damages# (5a, &;)#

(e) here no defaults allo%ed# $ If the defending party in an actionfor annulment or declaration of nullity of marriage or for legalseparation fails to anser, the court shall order the prosecutingattorney to investigate hether or not a collusion beteen the partieseists, and if there is no collusion, to intervene for the State in orderto see to it that the evidence submitted is not fabricated# (/a, &;)

RULE 12

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A3ene an S/e3en&a Pea#n4$

Se%!n 1'Amendments in general# $ Pleadings may be amended by

adding or stri'ing out an allegation or the name of any party, or by correctinga mista'e in the name of a party or a mista'en or inade9uate allegation ordescription in any other respect, so that the actual merits of the controversymay speedily be determined, ithout regard to technicalities, and in the mostepeditious and inepensive manner# ()

Se%!n 'Amendments as a matter of right# $ A party may amend hispleading once as a matter of right at any time before a responsive pleading isserved or, in the case of a reply, at any time ithin ten (=) days after it isserved# (*a)

Se%!n 'Amendments 'y lea(e of &ourt# $ 0cept as provided in the netpreceding section, substantial amendments may be made only upon leave ofcourt# !ut such leave may be refused if it appears to the court that the motionas made ith intent to delay# 4rders of the court upon the matters providedin this section shall be made upon motion filed in court, and after notice to theadverse party, and an opportunity to be heard# (.a)

Se%!n +'9ormal amendments# $ A defect in the designation of the partiesand other clearly clerical or typographical errors may be summarily correctedby the court at any stage of the action, at its initiative or on motion, providedno pre+udice is caused thereby to the adverse party# (-a)

Se%!n *'Amendment to &onform to or authori:e presentation of e(iden&e#$ 2hen issues not raised by the pleadings are tried ith the epress orimplied consent of the parties they shall be treated in all respects as if theyhad been raised in the pleadings# Such amendment of the pleadings as maybe necessary to cause them to conform to the evidence and to raise theseissues 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 theseissues# If evidence is ob+ected to at the trial on the ground that it is not ithinthe issues made by the pleadings, the court may allo the pleadings to beamended and shall do so ith liberality if the presentation of the merits of theaction and the ends of substantial +ustice ill be subserved thereby# %hecourt may grant a continuance to enable the amendment to be made# (5a)

Se%!n 'Supplemental pleadings# $ 7pon motion of a party the court may,upon reasonable notice and upon such terms as are +ust, permit him to servea supplemental pleading setting forth transactions, occurrences or eventshich have happened since the date of the pleading sought to besupplemented# %he adverse

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party may plead thereto ithin ten (=) days from notice of the orderadmitting 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 shallbe indicated by appropriate mar's, shall be filed# (:a)

Se%!n 'ffe&t of amended pleadings# $ An amended pleadingsupersedes the pleading that it amends# 8oever, admissions in supersededpleadings may be received in evidence against the pleader, and claims ordefenses alleged therein not incorporated in the amended pleading shall bedeemed 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 tothe complaint ithin fifteen (5) days after service of summons, unless adifferent period is fied by the court# (la)

Se%!n 'Ans%er of a defendant foreign pri(ate +uridi&al entity# $ 2herethe defendant is a foreign private +uridical entity and service of summons ismade on the government official designated by la to receive the same, the

anser shall be filed ithin thirty (.=) days after receipt of summons by suchentity# (*a)

Se%!n 'Ans%er to amended &omplaint# $ 2hen the plaintiff files anamended complaint as a matter of right, the defendant shall anser the sameithin 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 thesame# An anser earlier filed may serve as the anser to the amendedcomplaint if no ne anser is filed#

%his &ule shall apply to the anser to an amended counterclaim, amendedcross6claim, amended third (fourth, etc#)$party complaint, and amendedcomplaint6in6intervention# (.a)

Se%!n +'Ans%er to &ounter&laim or &ross-&laim# $ A counterclaim orcross6claim must be ansered ithin ten (=) days from service# (-)

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Se%!n *'Ans%er to third 5fourth, et&.6-party &omplaint# $ %he time toanser a third (fourth, etc#)$party complaint shall be governed by the samerule as the anser to the complaint# (5a)

Se%!n 'Reply# $ A reply may be filed ithin ten (=) days from service ofthe pleading responded to# (/)

Se%!n 7'Ans%er to supplemental &omplain# $ A supplemental complaintmay be ansered ithin ten (=) days from notice of the order admitting thesame, unless a different period is fied by the court# %he anser to thecomplaint shall serve as the anser to the supplemental complaint if no neor supplemental anser is filed# (n)

Se%!n '2isting &ounter&laim or &ross-&laim# $ A compulsorycounterclaim or a cross6claim that a defending party has at the time he fileshis anser shall be contained therein# (;a, &/)

Se%!n 9'Counter&laim or &ross-&laim arising after ans%er# $ Acounterclaim or a cross6claim hich either matured or as ac9uired by aparty after serving his pleading may, ith the permission of the court, bepresented as a counterclaim or a cross6claim by supplemental pleadingbefore +udgment# (


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Service is the act of providing a party ith a copy of the pleading or paperconcerned# If any party has appeared by counsel, service upon him shall bemade upon his counsel or one of them, unless service upon the party himselfis ordered by the court# 2here one counsel appears for several parties, heshall 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 presentingthe 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' ofcourt shall endorse on the pleading the date and hour of filing# In the secondcase, the date of the mailing of motions, pleadings, or any other papers orpayments or deposits, as shon by the post office stamp on the envelope orthe registry receipt, shall be considered as the date of their filing, payment, ordeposit in court# %he envelope shall be attached to the record of the case#(a)

Se%!n +'Papers re;uired to 'e filed and ser(ed# $ 0very +udgment,resolution, order, pleading subse9uent to the complaint, ritten motion,notice, appearance, demand, offer of +udgment or similar papers shall be filedith the court, and served upon the parties affected# (*a)

Se%!n *'Modes of ser(i&e# $ Service of pleadings motions, notices,orders, +udgments and other papers shall be made either personally or bymail# (.a)

Se%!n 'Personal ser(i&e# $ Service of the papers may be made bydelivering personally a copy to the party or his counsel, or by leaving it in hisoffice 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 byleaving the copy, beteen the hours of eight in the morning and si in theevening, at the partys or counsels residence, if 'non, ith a person ofsufficient age and discretion then residing therein# (-a)

Se%!n 7'Ser(i&e 'y mail# $ Service by registered mail shall be made bydepositing the copy in the post office in a sealed envelope, plainly addressedto 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 toreturn the mail to the sender after ten (=) days if undelivered# If no registryservice is available in the locality of either the senders or the addressee,service may be done by ordinary mail# (5a1 !ar 3atter >o# ;=., : ?ebruary


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un'non, service may be made by delivering the copy to the cler' of court,ith proof of failure of both personal service and service by mail# %he serviceis complete at the time of such delivery# (/a)

Se%!n 9'Ser(i&e of +udgments,final orders,or resolutions# $ Eudgments,final orders or resolutions shall be served either personally or by registeredmail# 2hen a party summoned by publication has failed to appear in theaction, +udgments, final orders or resolutions against him shall be servedupon him also by publication at the epense of the prevailing party# (:a)

Se%!n 12'Completeness of ser(i&e# $ Personal service is complete uponactual delivery# Service by ordinary mail is complete upon the epiration often (=) days after mailing, unless the court otherise provides# Service byregistered mail is complete upon actual receipt by the addressee, or after five(5) days from the date he received the first notice of the postmaster,

hichever date is earlier# (;a)

Se%!n 11'Priorities in modes of ser(i&e and filing# $ 2heneverpracticable, the service and filing of pleadings and other papers shall bedone personally# 0cept ith respect to papers emanating from the court, aresort to other modes must be accompanied by a ritten eplanation hy theservice or filing as not done personally# A violation of this &ule may because to consider the paper as not filed# (n)

Se%!n 1'Proof of filing# $ %he filing of a pleading or paper shall beproved by its eistence in the record of the case# If it is not in the record, but

is claimed to have been filed personally, the filing shall be proved by theritten or stamped ac'noledgment of its filing by the cler' of court on a

copy of the same1 if filed by registered mail, by the registry receipt and by theaffidavit of the person ho did the mailing, containing a full statement of thedate and place of depositing the mail in the post office in a sealed envelopeaddressed to the court, ith postage fully prepaid, and ith instructions to thepostmaster to return the mail to the sender after ten (=) days if notdelivered# (n)

Se%!n 1'Proof of Ser(i&e# $ Proof of personal service shall consist of aritten admission of the party served, or the official return of the server, orthe affidavit of the party serving, containing a full statement of the date, placeand manner of service# If the service is by ordinary mail, proof thereof shallconsist of an affidavit of the person mailing of facts shoing compliance ithsection : of this &ule# If service is made by registered mail, proof shall bemade by such affidavit and the registry receipt issued by the mailing office#%he registry return card shall be filed immediately upon its receipt by thesender, or in lieu thereof the unclaimed letter together ith the certified orsorn copy of the notice given by the postmaster to the addressee# (=a)

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Se%!n 1+'Noti&e of lis pendens# $ In an action affecting the title or theright of possession of real property, the plaintiff and the defendant, henaffirmative relief is claimed in his anser, may record in the office of theregistry of deeds of the province in hich the property is situated notice of thependency 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 inthat province affected thereby# 4nly from the time of filing such notice forrecord shall a purchaser, or encumbrancer of the property affected thereby,be deemed to have constructive notice of the pendency of the action, andonly of its pendency against the parties designated by their real names#

%he notice of lis pendenshereinabove mentioned may be cancelled onlyupon order of the court, after proper shoing that the notice is for thepurpose of molesting the adverse party, or that it is not necessary to protectthe rights of the rights of the party ho caused it to be recorded# (*-a, &6-)

RULE 1+

S/33!n$

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

Se%!n 'Contents# $ %he summons shall be directed to the defendant,signed by the cler' of court under seal and contain (a) the name of the court

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 thedefendant so ansers plaintiff ill ta'e +udgment by default and may begranted 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, or other proper court officer, or for +ustifiable reasons by anysuitable person authoried by the court issuing the summons# (5a)

Se%!n +'Return# $ 2hen the service has been completed, the servershall, ithin five (5) days therefrom, serve a copy of the return, personally orby registered mail,

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to the plaintiffs counsel, and shall return the summons to the cler', hoissued it, accompanied by proof of service# (/a)

Se%!n *'$ssuan&e of alias summons# $ If a summons is returned ithoutbeing served on any or all of the defendants, the server shall also serve acopy of the return on the plaintiffs counsel, stating the reasons for the failureof service, ithin five (5) days therefrom# In such a case, or if the summons

has been lost, the cler', on demand of the plaintiff, may issue an aliassummons# (-a)

Se%!n 'Ser(i&e in person on defendant# $ 2henever practicable, thesummons shall be served by handling a copy thereof to the defendant inperson, 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 defendantcannot be served ithin a reasonable time as provided in the precedingsection, service may be effected (a) by leaving copies of the summons at thedefendants residence ith some person of suitable age and discretion thenresiding 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 personsassociated in an entity ithout +uridical personality are sued under the nameby hich they are generally or commonly 'non, service may be effectedupon all the defendants by serving upon any one of them, or upon the personin charge of the office or place of business maintained in such name# !utsuch service shall not bind individually any person hose connection ith theentity has, upon due notice, been severed before the action as brought#(


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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 thedefendant is a foreign private +uridical entity hich has transacted business inthe Philippines, service may be made on its resident agent designated inaccordance 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 its officers oragents 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 @eneral1in case of a province, city or municipality, or li'e public corporations, servicemay be effected on its eecutive head, or on such other officer or officers asthe la or the court may direct# (5)

Se%!n 1+'Ser(i&e upon defendant %hose identity or %herea'outs areun/no%n# $ In any action here the defendant is designated as an un'nononer, 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 effectedupon him by publication in a nespaper of general circulation and in suchplaces and for such time as the court may order# (/a)

Se%!n 1*'2traterritorial ser(i&e# $ 2hen the defendant does not resideand is not found in the Philippines, and the action affects the personal statusof the plaintiff or relates to, or the sub+ect of hich is, property ithin thePhilippines, in hich the defendant has or claims a lien or interest, actual orcontingent, or in hich the relief demanded consists, holly or in part, inecluding the defendant from any interest therein, or the property of thedefendant has been attached ithin the Philippines, service may, by leave ofcourt, 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 as the court may order, in hich case a copy of the summonsand order of the court shall be sent by registered mail to the last 'nonaddress of the defendant, or in any other manner the court may deemsufficient# Any order granting such leave shall specify a reasonable time,hich shall not be less than sity (/=) days after notice, ithin hich thedefendant must anser# (:a)

Se%!n 1'Residents temporarily out of the Philippines# $ 2hen any actionis commenced against a defendant ho ordinarily resides ithin thePhilippines, but ho is temporarily out of it, service may, by leave of court, bealso effected out of the Philippines, as under the preceding section# (;a)

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Se%!n 17'


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Se%!n +'earing of motion# $ 0cept for motions hich the court may actupon ithout pre+udicing the rights of the adverse party, every ritten motionshall be set for hearing by the applicant#

0very ritten motion re9uired to be heard and the notice of the hearingthereof shall be served in such a manner as to ensure its receipt by the otherparty at least three (.) days before the date of hearing, unless the court forgood cause sets the hearing on shorter notice# (-a)

Se%!n *'Noti&e of hearing# $ %he notice of hearing shall be addressed toall parties concerned, and shall specify the time and date of the hearinghich must not be later than ten (=) days after the filing of the motion# (5a)

Se%!n 'Proof of ser(i&e ne&essary# $ >o ritten motion set for hearingshall be acted upon by the court ithout proof of service thereof# (/a)

Se%!n 7'Motion day# $ 0cept for motions re9uiring immediate action, allmotions shall be scheduled for hearing on ?riday afternoons, or if ?riday is anon6or'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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(a) %hat the court has no +urisdiction over the person of the defendingparty1

(b) %hat the court has no +urisdiction over the sub+ect matter of theclaim1

(c) %hat venue is improperly laid1

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

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

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

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

(h) %hat the claim or demand set forth in the plaintiffs pleading hasbeen paid, aived, abandoned, or otherise etinguished1

(i) %hat the claim on hich the action is founded is enforceable underthe provisions of the statute of frauds1 and

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

Se%!n 'earing of motion# $ At the hearing of the motion, the partiesshall submit their arguments on the 9uestions of la and their evidence onthe 9uestions of fact involved ecept those not available at that time# Shouldthe case go to trial, the evidence presented during the hearing shallautomatically be part of the evidence of the party presenting the same# (n)

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

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

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

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Se%!n +'#ime to plead# $ If the motion is denied, the movant shall file hisanser ithin the balance of the period prescribed by &ule to hich heas entitled at the time of serving his motion, but not less than five (5) daysin 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 periodprescribed by &ule counted from service of the amended pleading, unlessthe court provides a longer period# (-a)

Se%!n *'ffe&t of dismissal# $ Sub+ect to the right of appeal, an ordergranting 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 todismiss 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 thediscretion 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 tothe prosecution in the same or separate action of a counterclaim pleaded inthe anser# (n)

RULE 17

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

Se%!n 1'1ismissal upon noti&e 'y plaintiff.$ A complaint may bedismissed by the plaintiff by filing a notice of dismissal at any time beforeservice of the anser or of a motion for summary +udgment# 7pon suchnotice 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 filedby a plaintiff ho has once dismissed in a competent court an action basedon or including the same claim# (a)

Se%!n '1ismissal upon motion of plaintiff.$ 0cept as provided in thepreceding section, a complaint shall not be dismissed at the plaintiffs

instance save upon approval of the court and upon such terms and

conditions as the court deems proper# If a counterclaim has been pleaded bya defendant prior to the service upon him of the plaintiffs motion fordismissal, the dismissal shall be limited to the complaint# %he dismissal shallbe ithout pre+udice to the right of the defendant to

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prosecute his counterclaim in a separate action unless ithin fifteen (5)days from notice of the motion he manifests his preference to have hiscounterclaim resolved in the same action# 7nless otherise specified in theorder, a dismissal under this paragraph shall be ithout pre+udice# A classsuit 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, theplaintiff fails to appear on the date of the presentation of his evidence in chiefon the complaint, or to prosecute his action for an unreasonable length oftime, or to comply ith these &ules or any order of the court, the complaintmay be dismissed upon motion of the defendant or upon the courts onmotion, ithout pre+udice to the right of the defendant to prosecute hiscounterclaim in the same or in a separate action# %his dismissal shall havethe effect of an ad+udication upon the merits, unless otherise declared bythe court# (.a)

Se%!n +'1ismissal of &ounter&laim,&ross-&laim,or third-party &omplaint#

$ %he provisions of this &ule shall apply to the dismissal of anycounterclaim, cross6claim, or third6party complaint# A voluntary dismissal bythe claimant by notice as in section of this &ule, shall be made before aresponsive pleading or a motion for summary +udgment is served or, if thereis 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 andfiled, if shall be the duty of the plaintiff to promptly move e2 partethat thecase be set for pre6trial (5a, &*=)

Se%!n 'Nature and purpose# $ %he pre6trial is mandatory# %he court shallconsider"

(a) %he possibility of an amicable settlement or of a submission toalternative modes of dispute resolution1

(b) %he simplification of the issues1

(c) %he necessity or desirability of amendments to the pleadings1

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(d) %he possibility of obtaining stipulations or admissions of facts andof documents to avoid unnecessary proof1

(e) %he limitation of the number of itnesses1

(f) %he advisability of a preliminary reference of issues to acommissioner1

(g) %he propriety of rendering +udgment on the pleadings, orsummary +udgment, or of dismissing the action should a valid groundtherefor 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 theaction# (a, &*=)

Se%!n 'Noti&e of pre-trial# $ %he notice of pre6trial shall be served oncounsel, or on the party ho has no counsel# %he counsel served ith suchnotice is charged ith the duty of notifying the party represented by him# (n)

Se%!n +'Appearan&e of parties# $ It shall be the duty of the parties andtheir counsel to appear at the pre6trial# %he non6appearance of a party maybe ecused only if a valid cause is shon therefor or if a representative shallappear in his behalf fully authoried in riting to enter into an amicablesettlement, to submit to alternative modes of dispute resolution, and to enterinto stipulations or admissions of facts and of documents# (n)

Se%!n *'ffe&t of failure to appear# $ %he failure of the plaintiff to appearhen so re9uired pursuant to the net preceding section shall be cause fordismissal 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 shallbe cause to allo the plaintiff to present his evidence e2 parteand the courtto render +udgment on the basis thereof# (*a, &*=)

Se%!n 'Pre-trial 'rief.$ %he parties shall file ith the court and serve onthe adverse party, in such manner as shall ensure their receipt thereof atleast 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 settlementor alternative modes of dispute resolution, indicating the desiredterms thereof1 (b) A summary of admitted facts and proposed stipulation of facts1

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(c) %he issues to be tried or resolved1

(d) %he documents or ehibits to be presented stating the purposethereof1

(e) A manifestation of their having availed or their intention to availthemselves of discovery procedures or referral to commissioners1and

(f) %he number and names of the itnesses, and the substance oftheir respective testimonies#

?ailure to file the pre6trial brief shall have the same effect as failure to appearat the pre6trial# (n)

Se%!n 7'Re&ord of pre-trial# $ %he proceedings in the pre6trial shall berecorded# 7pon the termination thereof, the court shall issue an order hichshall recite in detail the matters ta'en up in the conference, the action ta'enthereon, the amendments alloed to the pleadings, and the agreements oradmissions made by the parties as to any of the matters considered# Should

the action proceed to trial, the order shall, eplicitly define and limit the issuesto be tried# %he contents of the order shall control the subse9uent course ofthe 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 in the success of either of the parties, or an interestagainst both, or is so situated as to be adversely affected by a distribution orother disposition of property in the custody of the court or of an officer thereofmay, ith leave of court, be alloed to intervene in the action# %he court shallconsider hether or not the intervention ill unduly delay or pre+udice thead+udication of the rights of the original parties, and hether or not theintervenors 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 anytime 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 complaint6

in6intervention if he asserts a claim against either or all of the original parties,

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or an anser6in6intervention if he unites ith the defending party in resistinga claim against the latter# (*cBa, &*)

Se%!n +'Ans%er to &omplaint-in-inter(ention# $ %he anser to thecomplaint6in6intervention shall be filed ithin fifteen (5) days from notice ofthe order admitting the same, unless a different 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 directsupervision 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 toset for hearing# Preference shall be given to ha'eas &orpuscases, electioncases, special civil actions, and those so re9uired by la# (a, &**)

Se%!n 'Assignment of &ases# $ %he assignment of cases to the differentbranches of a court shall be done eclusively by raffle# %he assignment shallbe 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 processdirected to a person re9uiring him to attend and to testify at the hearing or thetrial of an action, or at any investigation conducted by competent authority, orfor the ta'ing of his deposition# It may also re9uire him to bring ith him anyboo's, documents, or other things under his control, in hich case it is calleda 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 ith

investigations conducted by said officer or body1 or

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(d) any Eustice of the Supreme Court or of the Court of Appeals inany case or investigation pending ithin the Philippines#

2hen application for a subpoena to a prisoner is made, the +udge or officershall eamine and study carefully such application to determine hether thesame is made for a valid purpose#

>o prisoner sentenced to death, re&lusion perpetuaor life imprisonment andho is confined in any penal institution shall be brought outside the saidpenal institution for appearance or attendance in any court unless authoriedby the Supreme Court (*a, &*.)

Se%!n '9orm and &ontents# $ A subpoena shall state the name of thecourt and the title of the action or investigation, shall be directed to theperson hose attendance is re9uired, and in the case of a subpoena du&este&um, it shall also contain a reasonable description of the boo's, documentsor 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 before thetime specified therein if it is unreasonable and oppressive, or the relevancy ofthe boo's, documents or things does not appear, or if the person in hosebehalf the subpoena is issued fails to advance the reasonable cost of theproduction thereof#

%he court may 9uash a subpoena ad testifi&andumon the ground that theitness is not bound thereby# In either case, the subpoena may be 9uashedon the ground that the itness fees and 'ilometrage alloed by these &ulesere 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 constitutesufficient authoriation for the issuance of subpoenas for the persons namedin said notice by the cler' of the court of the place in hich the deposition isto be ta'en# %he cler' shall not, hoever, issue a subpoena du&es te&umtoany such person ithout an order of the court# (5a, &*.)

Se%!n 'Ser(i&e# $ Service of a subpoena shall be made in the samemanner as personal or substituted service of summons# %he original shall beehibited and a copy thereof delivered to the person on hom it is served,tendering to him the fees for one days attendance and the 'ilometragealloed by these &ules, ecept that, hen a subpoena is issued by or on

behalf of the &epublic of the Philippines or an officer or agency thereof, the

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tender need not be made# %he service must be made so as to allo theitness a reasonable time for preparation and travel to the place ofattendance# If the subpoena is du&es te&um,the reasonable cost ofproducing 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 beforea +udicial officer may be re9uired to testify as if he ere in attendance upon asubpoena is sued by such court or officer# (=, &*.)

Se%!n 'Compelling attendan&e# $ In case of failure of a itness toattend, the court or +udge issuing the subpoena, upon proof of the servicethereof and of the failure of the itness, may issue a arrant to the sheriff ofthe province, or his deputy, to arrest the itness and bring him before thecourt or officer here his attendance is re9uired, and the cost of such arrantand seiure of such itness shall be paid by the itness if the court issuing itshall determine that his failure to anser the subpoena as illful andithout +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 courtfrom hich the subpoena is issued# If the subpoena as not issued by acourt, the disobedience thereto shall be punished in accordance ith theapplicable la or &ule# (*a &*.)

Se%!n 12'2&eptions# $ %he provisions of sections ; and < of this &uleshall not apply to a itness ho resides more than one hundred (==)'ilometers from his residence to the place here he is to testify by theordinary course of travel, or to a detention prisoner if no permission of thecourt in hich his case is pending as obtained# (


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Se%!n 'ffe&t of interruption# $ Should an act be done hich effectivelyinterrupts the running of the period, the alloable period after suchinterruption shall start to run on the day after notice of the cessation of thecause thereof#

%he day of the act that caused the interruption shall be ecluded in thecomputation of the period# (n)

RULE

De!$#!n$ Pen#n4 A%!n

Se%!n 1'1epositions pending a&tion,%hen may 'e ta/en# $ !y leave ofcourt after +urisdiction has been obtained over any defendant or over propertyhich is the sub+ect of the action, or ithout such leave after an anser hasbeen served, the testimony of any person, hether a party or not, may beta'en, at the instance of any party, by deposition upon oral eamination orritten interrogatories# %he attendance of itnesses may be compelled by

the use of a subpoena as provided in &ule *# Depositions shall be ta'enonly in accordance ith these &ules# %he deposition of a person confined inprison may be ta'en only by leave of court on such terms as the courtprescribes# (a, &*-)

Se%!n 'S&ope of e2amination# $ 7nless otherise ordered by the courtas provided by section / or ; of this &ule, the deponent may be eaminedregarding 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 locationof any boo's, documents, or other tangible things and the identity andlocation 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 undersections . to ; of &ule .*# (.a, &*-)

Se%!n +'se of depositions# $ At the trial or upon the hearing of a motionor an interlocutory proceeding, any part or all of a deposition, so far asadmissible under

the rules of evidence, may be used against any party ho as present orrepresented at the ta'ing of the deposition or ho had due notice thereof, inaccordance ith any one of the folloing provisions1

(a) Any deposition may be used by any party for the purpose of

contradicting or impeaching the testimony of deponent as a itness1

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(b) %he deposition of a party or of any one ho at the time of ta'ingthe deposition as an officer, director, or managing agent of a publicor private corporation, partnership, or association hich is a partymay be used by an adverse party for any purpose1

(c) %he deposition of a itness, hether or not a party, may be usedby any party for any purpose if the court finds" () that the itness isdead, or (*) that the itness resides at a distance more than onehundred (==) 'ilometers from the place of trial or hearing, or is out

of the Philippines, unless it appears that his absence as procuredby the party offering the deposition, or (.) that the itness is unableto attend or testify because of age, sic'ness, infirmity, orimprisonment, or (-) that the party offering the deposition has beenunable to procure the attendance of the itness by subpoena1 or (5)upon application and notice, that such eceptional circumstanceseist as to ma'e it desirable, in the interest of +ustice and ith dueregard 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, theadverse party may re9uire him to introduce all of it hich is relevantto 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 notaffect the right to use depositions previously ta'en1 and, hen an action hasbeen dismissed and another action involving the same sub+ect is afterardbrought beteen the same parties or their representatives or successors ininterest, all depositions lafully ta'en and duly filed in the former action maybe 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 inevidence any deposition or part thereof for any reason hich ould re9uirethe 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 toma'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 thedeposition or any part thereof for any purpose other than that of contradictingor 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

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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 mayrebut any relevant evidence contained in a deposition hether introduced byhim or by any other party# (


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is served, the court may for cause shon enlarge or shorten the time# (5,&*-)

Se%!n 1')rders for the prote&tion of parties and deponents# $ Afternotice is served for ta'ing a deposition by oral eamination, upon motionseasonably made by any party or by the person to be eamined and for goodcause shon, the court in hich the action is pending may ma'e an orderthat the deposition shall not be ta'en, or that it may be ta'en only at somedesignated 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 in9uiredinto, or that the scope of the eamination shall be held ith no one presentecept the parties to the action and their officers or counsel, or that afterbeing sealed the deposition shall be opened only by order of the court, or thatsecret processes, developments, or research need not be disclosed, or thatthe parties shall simultaneously file specified documents or informationenclosed in sealed envelopes to be opened as directed by the court or thecourt may ma'e any other order hich +ustice re9uires to protect the party oritness from annoyance, embarrassment, or oppression# (/a, &*-)

Se%!n 17'Re&ord of e2amination,oath1o'+e&tions# $ %he officer beforehom the deposition is to be ta'en shall put the itness on oath and shallpersonally, or by some one acting under his direction and in his presence,record the testimony of the itness# %he testimony shall be ta'enstenographically unless the parties agree otherise# All ob+ections made atthe time of the eamination to the 9ualifications of the officer ta'ing thedeposition, or to the manner of tal'ing it, or to the evidence presented, or tothe conduct of any party, and any other ob+ection to the proceedings, shall benoted by the officer upon the deposition# 0vidence ob+ected to shall be ta'ensub+ect to the ob+ections# In lieu of participating in the oral eamination,parties served ith notice of ta'ing a deposition may transmit ritteninterrogatories to the officers, ho shall propound them to the itness andrecord the ansers (er'atim# (:, &*-)

Se%!n 1'Motion to terminate or limit e2amination# $ At any time duringthe ta'ing of the deposition, on motion or petition of any party or of thedeponent, and upon a shoing that the eamination is being conducted inbad faith or in such manner as unreasonably to annoy, embarrass, oroppress 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 mayorder the officer conducting 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 beresumed thereafter only upon the order of the court in hich the action ispending# 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

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order# In granting or refusing such order, the court may impose upon eitherparty or upon the itness the re9uirement to pay such costs or epenses asthe court may deem reasonable# (;a, &*-)

Se%!n 19'Su'mission to %itness1 &hanges1 signing# $ 2hen the testimonyis fully transcribed, the deposition shall be submitted to the itness foreamination and shall be read to or by him, unless such eamination andreading are aived by the itness and by the parties# Any changes in form orsubstance 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 itnessfor ma'ing them# %he deposition shall then be signed by the itness, unlessthe parties by stipulation aive the signing or the itness is ill or cannot befound or refuses to sign# If the deposition is not signed by the itness, theofficer shall sign it and state on the record the fact of the aiver or of theillness or absence of the itness or the fact of the refusal to sign togetherith the reason be given therefor, if any, and the deposition may then beused as fully as though signed, unless on a motion to suppress under section*< (f) of this &ule, the court holds that the reasons given for the refusal tosign re9uire re+ection of the deposition in hole or in part# (


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and if another party attends in person or by counsel because he epects thedeposition of that itness to be ta'en, the court may order the party givingthe notice to pay to such other party the amount of the reasonable epensesincurred by him and his counsel in so attending, including reasonableattorneys fees# (*-a, &*-)

Se%!n *'1eposition upon %ritten interrogatories1 ser(i&e of noti&e and ofinterrogatories# $ A party desiring to ta'e the deposition of any person uponritten interrogatories shall serve them upon every other party ith a notice

stating the name and address of the person ho is to anser them and thename or descriptive title and address of the officer before hom thedeposition is to be ta'en# 2ithin ten (=) days thereafter, a party so servedmay serve cross6interrogatories upon the party proposing to ta'e thedeposition# 2ithin five (5) days thereafter, the latter may serve re6directinterrogatories upon a party ho has served cross6interrogatories# 2ithinthree (.) days after being served ith re6direct interrogatories, a party mayserve recross6interrogatories upon the party proposing to ta'e the deposition#(*5, &*-)

Se%!n ')ffi&ers to ta/e responses and prepare re&ord# $ A copy of thenotice and copies of all interrogatories served shall be delivered by the partyta'ing the deposition to the officer designated in the notice, ho shallproceed promptly, in the manner provided by sections :, < and *= of this&ule, to ta'e the testimony of the itness in response to the interrogatoriesand to prepare, certify, and file or mail the deposition, attaching thereto thecopy of the notice and the interrogatories received by him# (*/, &*-)

Se%!n 7'Noti&e of filing and furnishing &opies# $ 2hen a deposition uponinterrogatories is filed, the officer ta'ing it shall promptly give notice thereof toall the parties, and may furnish copies to them or to the deponent uponpayment of reasonable charges therefor# (*:, &*-)

Se%!n ')rder for the prote&tion of parties and deponents# $ After theservice of the interrogatories and prior to the ta'ing of the testimony of thedeponent, the court in hich the action is pending, on motion promptly madeby a party or a deponent, and for good cause shon, may ma'e any orderspecified in sections 5, / and ; of this &ule hich is appropriate and +ustor an order that the deposition shall not be ta'en before the officerdesignated in the notice or that it shall not be ta'en ecept upon oraleamination# (*;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'inga deposition are aived unless ritten ob+ection is promptly servedupon the party giving the notice#

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(b)As to dis;ualifi&ation of offi&er# $ 4b+ection to ta'ing a depositionbecause of dis9ualification of the officer before hom it is to be ta'enis aived unless made before the ta'ing of the deposition begins oras soon thereafter as the dis9ualification becomes 'non or could bediscovered ith reasonable diligence#

(c)As to &ompeten&y or rele(an&y of e(iden&e# $ 4b+ections to thecompetency of itness or the competency, relevancy, or materialityof testimony are not aived by failure to ma'e them before or during

the ta'ing of the deposition, unless the ground, of the ob+ection isone hich might have been obviated or removed if presented at thattime#

(d)As to oral e2amination and other parti&ulars# $ 0rrors andirregularities occurring at the oral eamination in the manner ofta'ing the deposition in the form of the 9uestions or ansers, in theoath or affirmation, or in the conduct of the parties and errors of any'ind hich might be obviated, removed, or cured if promptlyprosecuted, are aived unless reasonable ob+ection thereto is madeat the ta'ing of the deposition#

(e)As to form of %ritten interrogatories# $ 4b+ections to the form ofritten interrogatories submitted under sections *5 and */ of this&ule are aived unless served in riting upon the party propoundingthem ithin the time alloed for serving succeeding cross or otherinterrogatories and ithin three (.) days after service of the lastinterrogatories authoried#

(f)As to manner of preparation# $ 0rrors and irregularities in themanner in hich the testimony is transcribed or the deposition isprepared, signed, certified, sealed, indorsed, transmitted, filed, orotherise dealt ith by the officer under sections :,


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petition in the court of the place of the residence of any epected adverseparty# (a &.-)

Se%!n 'Contents of petition# $ %he petition shall be entitled in the nameof the petitioner and shall sho" (a) that the petitioner epects to be a party toan action in a court of the Philippines but is presently unable to bring it orcause it to be brought1 (b) the sub+ect matter of the epected action and hisinterest therein1 (c) the facts hich he desires to establish by the proposedtestimony and his reasons for desiring to perpetuate it1 (d) the names or a

description of the persons he epects ill be adverse parties and theiraddresses so far as 'non1 and (e) the names and addresses of the personsto be eamined and the substance of the testimony hich he epects to elicitfrom each, and shall as' for an order authoriing the petitioner to ta'e thedepositions of the persons to be eamined named in the petition for thepurpose of perpetuating their testimony# (*, &.-)

Se%!n 'Noti&e and ser(i&e# $ %he petitioner shall serve a notice uponeach person named in the petition as an epected adverse party, togetherith a copy of the petition, stating that the petitioner ill apply to the court, ata time and place named therein, for the order described in the petition# Atleast tenty (*=) days before the date of the hearing, the court shall cause

notice thereof to be served on the parties and prospective deponents in themanner provided for service of summons# (.a, &.-)

Se%!n +')rder and e2amination# $ If the court is satisfied that theperpetuation of the testimony may prevent a failure or delay of +ustice, it shallma'e an order designating or describing the persons hose deposition maybe ta'en and specifying the sub+ect matter of the eamination and hetherthe depositions shall be ta'en upon oral eamination or ritteninterrogatories# %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 *. todepositions for perpetuating testimony, each reference therein to the court inhich the action is pending shall be deemed to refer to the court in hich thepetition for such deposition as filed# (5a, &.-)

Se%!n 'se of deposition# $ If a deposition to perpetuate testimony ista'en under this &ule, or if, although not so ta'en, it ould be admissible inevidence, it may be used in any action involving the same sub+ect mattersub6se9uently brought in accordance ith the provisions of sections - and 5of &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 proper cases, orbefore 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

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itnesses to perpetuate their testimony for in the event of further proceedingsin the said court# In such case the party ho desires to perpetuate thetestimony may ma'e a motion in the said court for leave to ta'e thedepositions, upon the same notice and service thereof as if the action aspending therein# %he motion shall state (a) the names and addresses of thepersons to be eamined and the substance of the testimony hich heepects to elicit from each, and (b) the reason for perpetuating theirtestimony# If the court finds that the perpetuation of the testimony is proper toavoid 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 andused in the same manner and under the same conditions as are prescribedin these &ules for depositions ta'en in pending actions# (:a, &.-)

RULE *

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

Se%!n 1'$nterrogatories to parties1 ser(i&e thereof.$ 7nder the same

conditions specified in section of &ule *., any party desiring to elicitmaterial and relevant facts from any adverse parties shall file and serve uponthe latter ritten interrogatories to be ansered by the party served or, if theparty served is a public or 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 beansered fully in riting and shall be signed and sorn to by the personma'ing them# %he party upon hom the interrogatories have been servedshall file and serve a copy of the ansers on the party submitting theinterrogatories ithin fifteen (5) days after service thereof unless the courton motion and for good cause shon, etends or shortens the time# (*a)

Se%!n ')'+e&tions to interrogatories# $ 4b+ections to any interrogatoriesmay be presented to the court ithin ten (=) days after service thereof, ithnotice as in case of a motion1 and a

1997 rules of civil procedure(1)

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