roc rules on civil procedure

8/7/2019 ROC Rules on Civil Procedure

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1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 71, RULES OF COURT)PER RESOLUTION OF THE SUPREME COURT INBAR MATTER NO. 803 ADOPTED IN BAGUIO CIT ONAPRIL 8, 1997

RULES OF COURT

Pursuant to the provisions of section 5(5) of Article VIII of the Constitution, the Supreme Court hereby adopts andpromulgates the folloing rules concerning the protection and enforcement of constitutional rights, pleading, practice andprocedure in all courts, the admission to the practice of la, the Integrated !ar, and legal assistance to theunderprivileged"

RULE 1

GENERAL PROVISIONS

SECTION 1. Title of the Rules.# $hese% &ules shall be 'non and cited as the &ules of Court% ()

SEC. !. In what courts applicable. # $hese &ules shall apply in all the courts, ecept as otherise provided by theSupreme Court% (n)

SEC. 3. Cases governed.# $hese &ules shall govern the procedure to be observed in actions, civil or criminal, andspecial proceedings%

(a) A civil action is one by hich a party sues another for the enforcement or protection of a right, or the prevention orredress of a rong% (a, &*)

A civil action may either be ordinary or special% !oth are governed by the rules for ordinary civil actions, sub+ect to thespecific 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, &*)

SEC. ". In what cases not applicable.# $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)

SEC. #. Commencement of action.# A civil action is commenced by the filing of the original complaint in court% If anadditional defendant is impleaded in a later pleading, the action is commenced ith regard to him on the date of the filingof such later pleading, irrespective of hether the motion for its admission, if necessary, is denied by the court% (/a)

SEC. $. Construction.# $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)

CIVIL ACTIONS

ORDINAR CIVIL ACTIONS

RULE !

CAUSE OF ACTION

SECTION 1. Ordinary civil actions, basis of.# 0very ordinary civil action must be based on a cause of action% (n)

SEC. !. Cause of action, defined.# A cause of action is the act or omission by hich a party violates a right of another%(n)

SEC. 3. One suit for a single cause of action.# A party may not institute more than one suit for a single cause ofaction% (.a)

SEC. ". Splitting a single cause of action; effect of.# If to or more suits are instituted on the basis of the same cause


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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)

SEC. #. oinder of causes of action.# A party may in one pleading assert, in the alternative or otherise, as manycauses 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

(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 +oindermay be alloed in the &egional $rial Court provided one of the causes of action falls ithin the +urisdiction of said courtand the venue lies therein1 and

(d) 2here the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shallbe the test of +urisdiction% (5a)

SEC. $. !is"oinder of causes of action.# 3is+oinder of causes of action is not a ground for dismissal of an action% Amis+oined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded ithseparately% (n)

RULE 3

PARTIES TO CIVIL ACTIONS

SECTION 1. #ho may be parties; plaintiff and defendant.# 4nly natural or +uridical persons, or entities authoried byla may be parties in a civil action% $he term plaintiff6 may refer to the claiming party, the counter7claimant, the cross7claimant, or the third (fourth, etc%)#party plaintiff% $he term 8defendant8 may refer to original defending party, thedefendant in a counterclaim, the cross7defendant, or the third (fourth etc%)#party defendant% (a)%

SEC. !. $arties in interest.# A real party in interest is the party ho stands to be benefited or in+ured by the +udgment inthe suit, or the party entitled to the avails of the suit% 9nless otherise authoried by la or these &ules, every action mustbe prosecuted or defended in the name of the real party in interest% (*a)

SEC. 3. Representatives as parties.# 2here the action is alloed to be prosecuted or defended by a representative orsomeone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed to be

the real party in interest% A representative may be a trustee of an epress 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 undisclosedprincipal may sue or be sued ithout +oining the principal ecept hen the contract involves things belonging to theprincipal% (.a)

SEC. ". Spouses as parties.# :usband and ife shall sue or be sued +ointly, ecept as provided by la% (-a)

SEC. #. !inor or incompetent persons.# A minor or a person alleged to be incompetent, may sue or be sued, ith theassistance of his father, mother, guardian, or if he has none, a guardian ad litem% (5a)

SEC. $. $ermissive "oinder of parties.# All persons in hom or against hom any right to relief in respect to or arisingout of the same transaction or series of transactions is alleged to eist, hether +ointly, severally, or in the alternative, mayecept as otherise provided in these &ules, +oin as plaintiffs or be +oined as defendants in one complaint, here any;uestion of la or fact common to %all such plaintiffs or to all such defendants may arise in the action1 but the court mayma'e such orders as may be +ust to prevent any plaintiff or defendant from being embarrassed or put to epense inconnection ith any proceedings in hich he may have no interest% (/)

SEC. 7. Compulsory "oinder of indispensable parties.# Parties in interest ithout hom no final determination can behad of an action shall be +oined either as plaintiffs or defendants% (


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court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if +urisdictionover his person may be obtained%

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

$he non7inclusion of a necessary party does not prevent the court from proceeding in the action, and the +udgmentrendered therein shall be ithout pre+udice to the rights of such necessary party% (=a, >a)

SEC. 10. 'nwilling co&plaintiff.# If the consent of any party ho should be +oined as plaintiff can not be obtained, hemay be made a defendant and the reason therefor shall be stated in the complaint% (?)

SEC. 11. !is"oinder and non&"oinder of parties.# @either mis+oinder nor non7+oinder of parties is ground or dismissal ofan action% Parties may be dropped or added by order of the court on motion of any party or on its on initiative at anystage of the action and on such terms as are +ust% Any claim against a mis+oined party may be severed and proceeded

ith separately% (a)

SEC. 1!. Class suit.# 2hen the sub+ect matter of the controversy is one of common or general interest to many personsso numerous that it is impracticable to +oin all as parties, a number of them hich the court finds to be sufficientlynumerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all% Anyparty in interest shall have the right to intervene to protect his individual interest% (*a)

SEC. 13.(lternative 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 inconsistentith a right of relief against the other% (.a)

SEC. 1". 'n)nown identity or name of defendant. # 2henever the identity or name of a defendant is un'non, hemay be sued as the un'non oner, heir, devisee, or by such other designation as the case may re;uire1 hen hisidentity or true name is discovered, the pleading must be amended accordingly% (-)

SEC. 1#. *ntity without "uridical personality as defendant.# 2hen to or more persons not organied as an entityith +uridical personality enter into a transaction, they may be sued under the name by hich they are generally orcommonly 'non%

In the anser of such defendant, the names and addresses of the persons composing said entity must all be revealed%(5a)

SEC 1$. +eath of party; duty of counsel# 2henever a party to a pending action dies, and the claim is not therebyetinguished, it shall be the duty of his counsel to inform the court ithin thirty (.?) days after such death of the factthereof, and to give the name and address of his legal representative or representatives%

ailure of counsel to comply ith this duty shall be a ground for disciplinary action%

$he heirs of the deceased may be alloed to be substituted for the deceased, ithout re;uiring the appointment of aneecutor or administrator and the court may appoint a guardian ad litem for the minor heirs%

$he court shall forthith order said legal representative or representatives to appear and be substituted ithin a period ofthirty (.?) 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 ithinthe specified period, the court may order the opposing party, ithin a specified time, to procure the appointment of aneecutor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of thedeceased% $he court charges in procuring such appointment, if defrayed by the opposing party, may be recovered ascosts% (/a,


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SEC. 18. Incompetency or incapacity.# If a party becomes incompetent or incapacitated, the court, upon motion ithnotice, may allo the action to be continued by or against the incompetent incapacitated person assisted by his legalguardian or guardian ad litem% (>a)

SEC. 19. Transfer of interest.# In case of any transfer of interest, the action may be continued by or against the originalparty, unless the court upon motion directs the person to hom the interest is transferred to be substituted in the action or

+oined ith the original party% (*?)

SEC. !0.(ction on contractual money claims.# 2hen the action is for recovery of money arising from contract,epress or implied, and the defendant dies before entry of final +udgment in the court in hich the action as pending atthe time of such death, it shall not be dismissed but shall instead be alloed to continue until entry of final +udgment% Afavorable +udgment obtained by the plaintiff therein shall be enforced in the manner especially provided in these &ules forprosecuting claims against the estate of a deceased person% (*a)

SEC. !1. Indigent party.# A party may be authoried to litigate his action, claim or defense as an indigent if the court,upon an e parte application and hearing, is satisfied that the party is one ho has no money or property sufficient andavailable for food, shelter and basic necessities for himself and his family%

Such authority shall include an eemption from payment of doc'et and other laful fees, and of transcripts ofstenographic notes hich the court may order to be furnished him% $he amount of the doc'et and other laful fees hichthe 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 thecourt should determine after hearing that the party declared as an indigent is in fact a person ith sufficient income orproperty, the proper doc'et and other laful fees shall be assesed and collected by the cler' of court% If payment is notmade ithin the time fied by the court, eecution shall issue or the payment thereof, ithout pre+udice to such othersanctions as the court may impose% (**a)

SEC !!. %otice to the Solicitor eneral.# In any action involving the validity of any treaty, la, ordinance, eecutiveorder, presidential decree, rules or regulations, the court, in its discretion, may re;uire the appearance of the SolicitorBeneral ho may be heard in person or through a representative duly designated by him% (*.a

RULE "

VENUE OF ACTIONS

SECTION 1. -enue of real actions.# Actions affecting title to or possession of real property, or interest therein, shall becommenced and tried in the proper court hich has +urisdiction over the area herein the real property involved, or aportion thereof, is situated%

orcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or cityherein the real property involved, or a portion thereof, is situated% (aD, *aDa)

SEC. !. -enue of personal actions.# All other actions may be commenced and tried here the plaintiff or any of theprincipal plaintiffs resides, or here the defendant or any of the principal defendants resides, or in the case of a non7resident defendant here he may be found, at the election of the plaintiff% (*bDa)

SEC. 3. -enue of actions against nonresidents # If any of the defendants does not reside and is not found in thePhilippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in thePhilippines, the action may be commenced and tried in the court of the place here the plaintiff resides here theproperty or any portion thereof is situated or found% (*cDa)

SEC. ". #hen Rule not applicable.# $his &ule shall not apply7

(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 #


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UNIFORM PROCEDURE IN TRIAL COURTS

SECTION 1. 'niform procedure.# $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) incivil cases governed by the &ule on Summary Procedure% (n)

SEC. !. !eaning of terms.# $he term 83unicipal $rial Courts8 as used in these &ules shall include 3etropolitan $rialCourts, 3unicipal $rial Courts in Cities, 3unicipal $rial Courts, and 3unicipal Circuit $rial Courts% (a)

PROCEDURE IN REGIONAL TRIAL COURTS

RULE $

%INDS OF PLEADINGS

SECTION 1. $leadings defined.# Pleadings are the ritten statements of the respective claims and defenses of theparties submitted to the court for appropriate +udgment% (a)

SEC. !. $leadings allowed.# $he claims of a party are asserted in a complaint, counterclaim, cross7claim, third (fourth,etc%)7party complaint, or complaint7in7intervention%

$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)

SEC. 3. Complaint.# $he complaint is the pleading alleging the plaintiffs cause or causes of action% $he names andresidences of the plaintiff and defendant must be stated in the complaint% (.a)

SEC. ".(nswer.# An anser is a pleading in hich a defending party sets forth his defenses% (-a)

SEC. #. +efenses.# Eefenses 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 tohis cause or causes of action%

(b) An affirmative defense is an allegation 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, andany other matter by ay of confession and avoidance% (5a)

SEC. $. Counterclaim.# A counterclaim is any claim hich a defending party may have against an opposing party% (/a)

SEC. 7. Compulsory counterclaim.# 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 opposingpartyFs claim and does not re;uire for its ad+udication the presence of third parties of hom the court cannot ac;uire

+urisdiction% Such a counterclaim must be ithin the +urisdiction of the court both as to the amount and the nature thereof,ecept that in an original action before the &egional $rial Court, the counterclaim may be considered compulsoryregardless of the amount% (n)

SEC. 8. Cross&claim.# A cross7claim is any claim by one party against a co7party arising out of the transaction oroccurrence that is the sub+ect matter either of the original action or of a counterclaim therein% Such cross7claim mayinclude a claim that the party against hom it is asserted is or may be liable to the cross7claimant for all or part of a claimasserted in the action against the cross7claimant% (


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If the plaintiff ishes to interpose any claims arising out of the ne matters so alleged, such claims shall be set forth in anamended or supplemental complaint% ()

SEC. 11. Third, fourth, etc./0party complaint.0 ( third fourth, etc./# party complaint is a claim that a defendingparty may, ith leave of court, file against a person not a party to the action, called the third (fourth, etc%) #partydefendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponentFs claim% (*a)

SEC. 1!. 1ringing new parties.# 2hen the presence of parties other than those to the original action is re;uired for thegranting of complete relief in the determination of a counterclaim or cross7claim, the court shall order them to be broughtin as defendants, if +urisdiction over them can be obtained% (-)

SEC. 13.(nswer to third fourth, etc./0 party complaint0 ( third fourth, etc./ # party defendant may allege in hisanser his defenses, counterclaims or cross7claims, including such defenses that the third (fourth, etc%) #party plaintiffmay have against the original plaintiffs claim% In proper cases, he may also assert a counterclaim against the originalplaintiff in respect of the latterFs claim against the third7party plaintiff% (n)

RULE 7

PARTS OF A PLEADING

SECTION 1. Caption.# $he caption sets forth the name of the court, the title of the action, and the doc'et number ifassigned%

$he title of the action indicates the names of the parties% $hey shall all be named in the original complaint or petition1 butin subse;uent pleadings, it shall be sufficient if the name of the first party on each side be stated ith an appropriateindication hen there are other parties%

$heir respective participation in the case shall be indicated% (a, *a)

SEC. !. The body.# $he body of the pleading sets forth its designation, the allegations of the partyFs claims or defenses,the relief prayed for, and the date of the pleading% (n)

(a) $aragraphs.# $he allegations in the body of a pleading shall be divided into paragraphs so numbered as to bereadily identified, each of hich shall contain a statement of a single set of circumstances so far as that can be done ithconvenience% A paragraph may be referred to by its number in all succeeding pleadings% (.a)

(b) 2eadings.# 2hen to or more causes of action are +oined, the statement of the first shall be prefaced by the ordsfirst cause of action,8 of the second by 8second cause of action,8 and so on for the others%

2hen one or more paragraphs in the anser are addressed to one of several causes of action in the complaint, they shallbe prefaced by the ords 8anser to the first cause of action8 or 8anser to the second cause of action8 and so on1 and

hen one or more paragraphs of the anser are addressed to several causes of action, they shall be prefaced by ordsto that effect% (-)

(c) Relief.# $he pleading shall specify the relief sought, but it may add a general prayer for such further or other relief asmay be deemed +ust or e;uitable% (.a, &/)

(d) +ate.# 0very pleading shall be dated% (n)

SEC. 3. Signature and address.# 0very pleading must be signed by the party or counsel representing him, stating ineither 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% :oever, the court may, in its discretion, allo such deficiency to beremedied if it shall appear that the same as due to mere inadvertence and not intended for delay% Counsel hodeliberately files an unsigned pleading, or signs a pleading in violation of this &ule, or alleges scandalous or indecentmatter therein, or fails to promptly report to the court a change of his address, shall be sub+ect to appropriate disciplinaryaction% (5a)


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SEC. ". -erification.# 0cept hen otherise specifically re;uired 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 andcorrect of his 'noledge and belief%

A pleading re;uired to be verified hich contains a based on information and belief,8 or upon 'noledge, information andbelief,8 or lac's a proper verification, shall be treated as an unsigned pleading% (/a)

SEC. #. Certification against forum shopping. # $he plaintiff or principal party shall certify under oath in the complaintor other initiatory pleading asserting a claim for relief or in a sorn certification anneed thereto and simultaneously filedthereith" (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court,tribunal or ;uasi7+udicial agency and, to the best of his 'noledge, no such other action or claim is pending therein1 (b) ifthere is such other pending action or claim, 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 is pending, he shall report that fact ithin five (5)days therefrom to the court herein his aforesaid complaint or initiatory pleading has been filed%

ailure to comply ith the foregoing re;uirements shall not be curable by mere amendment of the complaint or otherinitiatory pleading but shall be cause for the dismissal of the case ithout pre+udice, unless otherise provided, uponmotion and after hearing% $he submission of a false certification or non7compliance ith any of the underta'ings thereinshall constitute indirect contempt of court, ithout pre+udice to the corresponding administrative and criminal actions% If theacts of the party or his counsel clearly constitute illful and deliberate forum shopping, the same shall be ground forsummary dismissal ith pre+udice and shall constitute direct contempt, as ell as a cause for administrative sanctions% (n)

RULE 8

MANNER OF MA%ING ALLEGATIONS IN PLEADINGS

SECTION 1. In general.# 0very pleading shall contain in a methodical and logical form, a plain, concise and directstatement of the ultimate facts on hich the party pleading relies for his claim or defense, as the case may be, omittingthe 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 andconcisely stated% (n)

SEC. !.(lternative causes of action 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 or defense or in separate causes of action or defenses% 2hento or more statements are made in the alternative and one of them if made independently ould be sufficient, thepleading is not made insufficient by the insufficiency of one or more of the alternative statements% (*)

SEC. 3. Conditions precedent.# In any pleading a general averment of the performance or occurrence of all conditionsprecedent shall be sufficient% (.)

SEC. ". Capacity.# acts shoing the capacity of a party to sue or be sued or the authority of a party to sue or be suedin a representative capacity or the legal eistence of an organied association of persons that is made a party, must beaverred% A party desiring to raise an issue as to the legal eistence of any party or the capacity of any party to sue or besued in a representative capacity, shall do so by specific denial, hich shall include such supporting particulars as arepeculiarly ithin the pleaderFs 'noledge% (-)

SEC #. 3raud, mista)e, condition of the mind.# In all averments of fraud or mista'e, the circumstances constitutingfraud or mista'e must be stated ith particularity% 3alice, intent, 'noledge or other condition of the mind of a person maybe averred generally% (5a)

SEC. $. udgment.# In pleading a +udgment or decision of a domestic or foreign court, +udicial or ;uasi7+udicial tribunal,or of a board or officer, it is sufficient to aver the +udgment or decision ithout setting forth matter shoing +urisdiction torender it% (/)

SEC. 7.(ction or defense based on document. # 2henever an action or defense is based upon a ritten instrumentor document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copythereof shall be attached to the pleading as an ehibit, hich shall be deemed to be a part of the pleading, or said copymay ith li'e effect be set forth in the pleading% (


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SEC. 8. 2ow to contest such documents.# 2hen an action or defense is founded upon a ritten instrument, copied inor attached to the corresponding pleading as provided in the preceding section, the genuineness and due eecution of theinstrument shall be deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth hathe claims to be the facts1 but the re;uirement of an oath does not apply hen the adverse party does not appear to be aparty to the instrument or hen compliance ith an order for an inspection of the original instrument is refused% (=a)

SEC. 9. Official document or act.# In pleading an official document or official act, it is sufficient to aver that thedocument as issued or the act done in compliance ith la% (>)

SEC. 10. Specific denial.# A defendant must specify each material allegation of fact the truth of hich he does not admitand, henever practicable, shall set forth the substance of the matters upon hich he relies to support his denial% 2herea defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material and shalldeny only the remainder% 2here defendant is ithout 'noledge or information sufficient to form a belief as to the truth ofa material averment made in the complaint, he shall so state, and this shall have the effect of a denial% (?a)

SEC. 11.(llegations not specifically denied deemed admitted.# 3aterial averment in the complaint, other than thoseas to the amount of unli;uidated damages shall be deemed admitted hen not specifically denied% Allegations of usury ina complaint to recover usurious interest are deemed admitted if not denied under oath% (a, &>)

SEC. 1!. Stri)ing out of pleading or matter contained therein.# 9pon motion made by a party before responding to apleading or, if no responsive pleading is permitted by these &ules, upon motion made by a party ithin tenty (*?) daysafter the service of the pleading upon him, or upon the courtFs on initiative at any time, the court may order any pleadingto be stric'en out or that any sham or false, redundant, immaterial, impertinent, or scandalous matter be stric'en out

therefrom% (5, &>)

RULE 9

EFFECT OF FAILURE TO PLEAD

SECTION 1. +efenses and ob"ections not pleaded.# Eefenses and ob+ections not pleaded either in a motion todismiss or in the anser are deemed aived% :oever, hen it appears from the pleadings or the evidence on record thatthe court has no +urisdiction over the sub+ect matter, that there is another action pending beteen the same parties for thesame cause, or that the action is barred by a prior +udgment or by statute of limitations, the court shall dismiss the claim%(*a)

SEC.!. Compulsory counterclaim, or cross&claim, not set up barred.# A compulsory counterclaim or a cross7claim

set up shall be barred% (-a)

SEC. 3. +efault; declaration of.# If the defending fails to anser ithin the time alloed therefor, the court shall, uponmotion of the claiming party ith notice to the defending party, and proof of such failure, declare the defending party indefault% $hereupon, the court shall proceed to render +udgment granting the claimant such relief as his pleading may

arrant, unless the court in its discretion re;uires the claimant to submit evidence% Such reception of evidence may bedelegated to the cler' of court% (a, &=)

(a) *ffect of order of default.# A party in default shall be entitled to notice of subse;uent proceedings but not to ta'epart in the trial% (*a, &=)

(b) Relief from order of default.# A party declared in default may at any time after notice thereof and before +udgmentfile a motion under oath to set aside the order of default upon proper shoing that his failure to anser as due to fraud,accident, mista'e or ecusable negligence and that he has a meritorious defense% In such case, the order of default maybe set aside on such terms and conditions as the +udge may impose in the interest of +ustice% (.a, &=)

(c) *ffect of partial default.# 2hen a pleading asserting a claim states a common cause of action against severaldefending parties, some of hom anser and the others fail to do so, the court shall try the case against all upon theansers thus filed and render +udgment upon the evidence presented% (-a, &=)

(d) *4tent of relief to be awarded.# A +udgment rendered against a party in default shall not eceed the amount or bedifferent in 'ind from that prayed for nor aard unli;uidated damages% (5a, &=)

(e) #here no defaults allowed.# If the defending party in action for annulment or declaration of nullity of marriage or forlegal separation fails to anser, the court shall order the prosecuting attorney to investigate hether or not a collusionbeteen the parties eists if there is no collusion, to intervene for the State in order to see to it that the evidence


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submitted is not fabricate% (/a, &=)

RULE 10

AMENDED AND SUPPLEMENTAL PLEADINGS

SECTION 1.(mendments in general.# Pleadings may be amended by adding or stri'ing out an allegation or the nameof any party, or by correcting a mista'e in the name of a party or a mista'en or inade;uate allegation or description in anyother 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% ()

SEC. !.(mendments as a matter of right.# A party may amend his pleading once as a matter of right at any timebefore a responsive pleading is served or, in the case of a reply, at any time ithin ten (?) days after it is served% (*a)

SEC. 3.(mendments by leave of court.# 0cept as provided in the net preceding section, substantial amendmentsmay be made only upon leave of court% !ut such leave may be refused if it appears to the court that the motion as made

ith intent to delay% 4rders of the court upon the matters provided in this section shall be made upon motion filed in court,and after notice to the adverse party, and an opportunity to be heard% (.a)

SEC. ". 3ormal amendments.# A defect in the designation of the parties and other clearly clerical or typographicalerrors 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)

SEC. #.(mendment to conform to or authori5e presentation of evidence.# 2hen issues not raised by the pleadingsare tried ith the epress or implied consent the parties, they shall be treated in all respects as if they had been raised inthe pleadings% Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and toraise these issues may be made upon motion of any party at any time, even after +udgment1 but failure to amend does notaffect 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 theissues made by the pleadings, the court may allo the pleadings to be amended and shall do so ith liberality if thepresentation of the merits of the action and the ends of substantial +ustice ill be subserved thereby% $he court may granta continuance to enable the amendment to be made% (5a)

SEC. $. Supplemental pleadings.# 9pon motion of a party the court may, upon reasonable notice and upon such termsas 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)

SEC. 7. 3iling of amended pleadings.# 2hen any pleading is amended, a ne copy of the entire pleading,incorporating the amendments, hich shall be indicated by appropriate mar's, shall be filed% (


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of the order admitting the same% An anser earlier filed may serve as the anser to the amended complaint if no neanser is filed%

$his &ule shall apply to the anser to an amended counterclaim, amended cross7claim, amended third (fourth, etc%) #party complaint, and amended complaint7in7intervention% (.a)

SEC. ".(nswer to counterclaim or cross&claim.# A counterclaim or cross7claim must be ansered ithin ten (?)days from service% (-)

SEC. #.(nswer to third fourth, etc./ 0party complaint.# $he time to anser a third (fourth, etc) # party complaintshall be governed by the same rule as the anser to the complaint% (5a)

SEC. $. Reply. # A reply may be filed ithin ten (?) days from service of the pleading responded to% (/)

SEC. 7.(nswer to supplemental complaint. # A supplemental complaint may be ansered ithin ten (?) days fromnotice of the order admitting the same, unless a different period is fied by the court% $he anser to the complaint shallserve as the anser to the supplemental complaint if no ne or supplemental anser is filed% (n)

SEC. 8. *4isting counterclaim or cross&claim. # A compulsory counterclaim or a cross7claim that a defending partyhas at the time he files his anser shall be contained therein% (=a, &/)

SEC. 9. Counterclaim or cross&claim arising after answer.# A counterclaim or a cross7claim hich either matured oras ac;uired by a party after serving his pleading may, ith the permission of the court, be presented as a counterclaim

or a cross7claim by supplemental pleading before +udgment% (>, &/)

SEC. 10. Omitted counterclaim or cross&claim.# 2hen a pleader fails to set up a counterclaim or a cross7claimthrough oversight, inadvertence, or ecusable neglect, or hen +ustice re;uires, he may, by leave of court, set up thecounterclaim or cross7claim by amendment before +udgment% (.a, &>)

SEC. 11. *4tension of time to plead.# 9pon motion and on such terms as may be +ust, the court may etend the time toplead provided in these &ules%

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


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SEC. $. 1ill a part of pleading.# A bill of particulars becomes part of the pleading for hich it is intended% (aDa)

RULE 13

FILING AND SERVICE OF PLEADINGS, 'UDGMENTS AND OTHER PAPERS

SECTION 1. Coverage.# $his &ule shall govern the filing of all pleadings and other papers, as ell as the servicethereof, ecept those for hich a different mode of service is prescribed% (n)

SEC. !. 3iling and service, defined.# iling is the act of presenting the pleading or other paper to the cler' of court%

Service is the act of providing a party ith a copy of the pleading or paper concerned% If any party has appeared bycounsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself isordered by the court% 2here one counsel appears for several parties, he shall only be entitled to one copy of any paperserved upon him by the opposite side% (*a)

SEC. 3. !anner of filing.# $he filing of pleadings, appearances, motions, notices, orders, +udgments and all otherpapers shall be made by presenting the original copies thereof, plainly indicated as such, personally to the cler' of courtor by sending them by registered mail% In the first case, the cler' of court shall endorse on the pleading the date and hourof 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 be attached to the record of the case% (a)

SEC. ". $apers re6uired to be filed and served. # 0very +udgment, resolution, order, pleading subse;uent to thecomplaint, ritten motion, notice, appearance, demand, offer of +udgment or similar papers shall be filed ith the court,and served upon the parties affected% (*a)

SEC. #. !odes of service. # Service of pleadings motions, notices, orders, +udgments and other papers shall be madeeither personally or by mail% (.a)

SEC. $. $ersonal service.# Service of the papers may be made by delivering personally a copy to the party or hiscounsel, or by leaving it in his office ith his cler' or ith a person having charge thereof% If no person is found in hisoffice, or his office is not 'non, or he has no office, then by leaving the copy, beteen the hours of eight in the morningand si in the evening, at the partyFs or counselFs residence, if 'non, ith a person of sufficient age and discretion thenresiding therein% (-a)

SEC. 7. Service by mail.# Service by registered mail shall be made by depositing the copy in the post office, in a sealedenvelope, plainly addressed to the party or his counsel at his office, if 'non, otherise at his residence, if 'non, ithpostage fully pre7paid, and ith instructions to the postmaster to return the mail to the sender after ten (?) days ifundelivered% If no registry service is available in the locality of either the sender or the addressee, service may be done byordinary mail% (5a)

SEC. 8. Substituted service.# If service of pleadings, motions, notices, resolutions, orders and other papers cannot bemade under the to preceding sections, the office and place of residence of the party or his counsel being un'non,service may be made by delivering the copy to the cler' of court, ith proof of failure of both personal service and serviceby mail% $he service is complete at the time of such delivery% (/a)

SEC. 9. Service of "udgments, final orders or resolutions.# Gudgments, final orders or resolutions shall be servedeither personally or by registered mail% 2hen a party summoned by publication has failed to appear in the action,

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


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SEC. 1!. P* * *++-.# $he filing of a pleading or paper shall be proved by its eistence in the record of the case% If itis not in the record, but is claimed to have been filed personally, the filing shall be proved by the ritten or stampedac'noledgment of its filing by the cler' of court on a copy of the same1 if filed by registered mail, by the registry receiptand by the affidavit of the person ho did the mailing, containing a full statement of the date and place of depositing themail in the post office in a sealed envelope addressed to the court, ith postage fully prepaid, and ith instructions to thepostmaster to return the mail to the sender after ten (?) days if not delivered% (n)

SEC. 13. $roof of service.# Proof of personal service shall consist of a ritten admission of the party served, or theofficial return of the server, or the affidavit of the party serving, containing a full statement of the date, place and manner ofservice% If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts shoingcompliance ith section < of this &ule% If service is made by registered mail, proof shall be made by such affidavit and theregistry receipt issued by mailing office% $he registry return card shall be immediately upon its receipt by the sender, or inlieu thereof the unclaimed letter together ith the certified or sorn copy of the notice given by the postmaster to theaddressee% (?a)

SEC. 1". %otice of lis pendens.# In an action affecting the title or the right of possession of real property, the plaintiffand the defendant, hen affirmative relief is claimed in his anser, may record in the office of the registry of deeds of theprovince in hich the property is situated a notice of the pendency of the action% Said notice shall contain the names ofthe parties and the ob+ect of the action or defense, and a description of the properly in that province affected thereby% 4nlyfrom the time of filing such notice for record shall a purchaser, or encumbrancer of the property affected thereby% 4nlyfrom the time of filing such notice for record shall a purchaser, or encumbrancer of the property affected thereby, bedeemed to have constructive notice of the pendency of the action, and only of its pendency against the parties designated

by their real names%

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

ho caused it to be recorded% (*-a, &-)

RULE 1"

SUMMONS

SECTION 1. Cler) to issue summons.# 9pon the filing of the complaint and the payment of the re;uisite legal fees, thecler' of court shall forthith issue the corresponding summons to the defendants% (a)

SEC. !. Contents.# $he summons shall be directed to the defendant, signed by the cler' of court under seal, andcontain" (a) the name of the court and the names of the parties to the action1 (b) a direction that the defendant anser

ithin the time fied by these &ules1 (c) a notice that unless the defendant so ansers, plaintiff ill ta'e +udgment bydefault and may be granted the relief applied for%

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

SEC. 3. 1y whom served.# $he summons may be served by the sheriff, his deputy, or other proper court officer, or for+ustifiable reasons by any suitable person authoried by the court issuing the summons% (5a)

SEC. ". Return.# 2hen the service has been completed, the server shall, ithin five (5) days therefrom, serve a copy ofthe return, personally or by registered mail, to the plaintiffs counsel, and shall return the summons to the cler' ho issuedit, accompanied by proof of service% (/a)

SEC. #. Issuance 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 counsels stating the reasons for the failure of service,

ithin five (5) days therefrom% In such a case, or if the summons has been lost, the cler', on demand of the plaintiff, mayissue an alias summons% (-a)

SEC. $. Service in person on defendant.# 2henever practicable, the summons shall be served by handing a copythereof to the defendant in person, or, if he refuses to receive and sign for it, by tendering it to him% (


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residence ith some person of suitable age and discretion then residing therein, or (b) by leaving the copies atdefendantFs office or regular place of business ith some competent person in charge thereof% (=a)

SEC. 8. Service upon entity without "uridical personality.# 2hen persons associated in an entity ithout +uridicalpersonality are sued under the name by hich they are generally or commonly 'non, service may be effected upon allthe defendants by serving upon any one of them, or upon the person in charge of the office or place of businessmaintained in such name% !ut such service shall not bind individually any person hose connection ith the entity has,upon due notice, been severed before the action as brought% (>a)

SEC. 9. Service upon prisoners.# 2hen the defendant is a prisoner confined in a +ail or institution, service shall beeffected upon him by the officer having the management of such +ail or institution ho is deemed deputied as a specialsheriff for said purpose% (*a)

SEC. 10. Service upon minors and incompetents.# 2hen the defendant is a minor, insane or otherise anincompetent, service shall be made upon him personally and on his legal guardian if he has one, or if none, upon hisguardian ad litem hose appointment shall be applied for by the plaintiff% In the case of a minor, service may also be madeon his father or mother% (?a, a)

SEC. 11. Service upon domestic private "uridical entity.# 2hen the defendant is a corporation, partnership orassociation organied under the las of the Philippines ith a +uridical personality, service may be made on the president,managing partner, general manager, corporate secretary, treasurer, or in7house counsel% (.a)

SEC. 1!. Service upon foreign private "uridical entity.# 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 lafor 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)

SEC. 13. Service upon public corporations. # 2hen the defendant is the &epublic of the Philippines, service may beeffected on the Solicitor Beneral1 in case of a province, city or municipality, or li'e public corporations, service may beeffected on its eecutive head, or on such other officer or officers as the la or the court may direct% (5)

SEC. 1". Service upon defendant whose identity or whereabouts are un)nown.# In any action here the defendantis designated as an un'non oner, or the li'e, or henever his hereabouts are un'non and cannot be ascertained bydiligent in;uiry, service may, by leave of court, be effected upon him by publication in a nespaper of general circulationand in such places and for such time as the court may order% (/a)

SEC. 1#. *4traterritorial service.# 2hen the defendant does not reside and is not found in the Philippines, and theaction 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, hollyor in part, in ecluding the defendant from any interest therein, or the property of the defendant has been attached ithinthe Philippines, service may, by leave of court, be effected out of the Philippines by personal service as under section /1or by publication in a nespaper of general circulation in such places and for such time as the court may order, in hichcase a copy of the summons and order of the court shall be sent by registered mail to the last 'non address of thedefendant, or in any other manner the court may deem sufficient% Any order granting such leave shall specify a reasonabletime, hich shall not be less than sity (/?) days after notice, ithin hich the defendant must anser% ()

SEC. 18. $roof of service.# $he proof of service of a summons shall be made in riting by the server and shall set forththe manner, place, and date of service1 shall specify any papers hich have been served ith the process and the nameof the person ho received the same1 and shall be sorn to hen made by a person other than a sheriff or his deputy%(*?)

SEC. 19. $roof of service by publication. # If the service has been made by publication, service may be proved by theaffidavit of the printer, his foreman or principal cler', or of the editor, business or advertising manager, to hich affidavit acopy of the publication shall be attached, and by an affidavit shoing the deposit of a copy of the summons and order for


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publication in the post office, postage prepaid, directed to the defendant by registered mail to his last 'non address% (*)

SEC. !0. -oluntary appearance.# $he defendantFs voluntary appearance in the action shall be e;uivalent to service ofsummons% $he inclusion in a motion to dismiss of other grounds aside from lac' of +urisdiction over the person of thedefendant shall not be deemed a voluntary appearance% (*.a)

RULE 1#

MOTIONS

SECTION 1. !otion defined.# A motion is an application for relief other than by a pleading% (a)

SEC. !. !otions must be in writing.# All motions shall be in riting ecept those made in open court or in the course ofa hearing or trial% (*a)SEC. 3. Contents.# A motion shall state the relief sought to be obtained and the grounds upon hich it is based, and ifre;uired by these &ules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits andother papers% (.a)

SEC. ". 2earing of motion.# 0cept for motions hich the court may act upon ithout pre+udicing the rights of theadverse party, every ritten motion shall be set for hearing by the applicant%

0very ritten motion re;uired to be heard and the notice of the hearing thereof shall be served in 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 setsthe hearing on shorter notice% (-a)

SEC. #. %otice of hearing.# $he notice of hearing shall be addressed to all parties concerned, and shall specify the timeand date of the hearing hich must not be later than ten (?) days after the filing of the motion% (5a)

SEC. $. $roof of service necessary.# @o ritten motion set for hearing shall be acted upon by the court ithout proof ofservice thereof% (/a)

SEC. 7. !otion day.# 0cept for motions re;uiring immediate action, all motions shall be scheduled for hearing onriday afternoons, or if riday is a non7or'ing day, in the afternoon of the net or'ing day% (, a motion attac'ing a pleading, order,

+udgment, or proceeding shall include all ob+ections then available, and all ob+ections not so included shall be deemedaived% (=a)

SEC. 9. !otion for leave.# A motion for leave to file a pleading or motion shall be accompanied by the pleading ormotion sought to be admitted% (n)

SEC. 10. 3orm.# $he &ules applicable to pleadings shall apply to ritten motions so far as concerns caption,designation, signature, and other matters of form% (>a)

RULE 1$

MOTION TO DISMISS

SECTION 1. rounds.# 2ithin the time for but before filing the anser to the complaint or pleading asserting a claim, amotion to dismiss may be made on any of the folloing grounds"

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

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

(e) $hat venue is improperly laid1

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

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


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

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

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

(i) $hat the claim on hich the action is founded is unenforceable under the provisions of the statute offrauds1 and

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

SEC. !. 2earing of motion.# At the hearing of the motion, the parties shall submit their arguments on the;uestions of la and their evidence on the ;uestions of fact involved ecept those not available at that time%Should the case go to trial, the evidence presented during the hearing shall automatically be part of theevidence of the party presenting the same% (n)

SEC. 3. Resolution of motion.# After the hearing, the court may dismiss the action or claim, deny themotion, or order the amendment of the pleading%

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

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

SEC. ". Time to plead.# If the motion is denied, the movant shall file his anser ithin the balance of theperiod 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 beamended, he shall file his anser ithin the period prescribed by &ule counted from service of theamended pleading, unless the court provides a longer period% (-a)

SEC. #. *ffect of dismissal.# Sub+ect to the right of appeal, an order granting a motion to dismiss based onparagraphs (f), (h) and (i) of section hereof shall bar the refiling of the same action or claim% (n)

SEC. $. $leading grounds as affirmative 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 beenfiled% (5a)

$he dismissal of the complaint under this section shall be ithout pre+udice to the prosecution in the same orseparate action of a counterclaim pleaded in the anser% (n)

RULE 17

DISMISSAL OF ACTIONS

SECTION 1. +ismissal upon notice by plaintiff.# A complaint may be dismissed by the plaintiff by filing a notice ofdismissal at any time before service of the anser or of a motion for summary +udgment% 9pon such notice being filed, thecourt shall issue an order confirming the dismissal% 9nless otherise stated in the notice, the dismissal is ithoutpre+udice, ecept that a notice operates as an ad+udication upon the merits hen filed by a plaintiff ho has oncedismissed in a competent court an action based on or including the same claim% (a)

SEC. !. +ismissal upon motion of plaintiff. # 0cept as provided in the preceding section, a complaint shall not bedismissed at the plaintiffs instance save upon approval of the court and upon such terms and conditions as the courtdeems proper% If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiffs motion fordismissal, the dismissal shall be limited to the complaint% $he dismissal shall be ithout pre+udice to the right of thedefendant to prosecute his counterclaim in a separate action unless ithin fifteen (5) days from notice of the motion hemanifests his preference to have his counterclaim resolved in the same action% 9nless otherise specified in the order, adismissal under this paragraph shall be ithout pre+udice% A class suit shall not be dismissed or compromised ithout theapproval of the court% (*a)


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SEC. 3. +ismissal due to fault of plaintiff. # If for no +ustifiable cause, the plaintiff fails to appear on the date of thepresentation of his evidence in chief on the complaint, or to prosecute his action for an unreasonable length of time, or tocomply ith these &ules or any order of the court, the complaint may be dismissed upon motion of the defendant or uponthe courtFs on motion, ithout pre+udice to the right of the defendant to prosecute his counterclaim in the same or in aseparate action% $his dismissal shall have the effect of an ad+udication upon the merits, unless otherise declared by thecourt% (.a)

SEC. ". +ismissal of counterclaim, cross&claim, or third&party complaint. # $he provisions of this &ule shall apply tothe dismissal of any counterclaim, cross7claim, or third7party complaint% A voluntary dismissal by the claimant by notice asin section of this &ule, shall be made before a responsive pleading or a motion for summary +udgment is served or, ifthere is none, before the introduction of evidence at the trial or hearing% (-a)

RULE 18

PRE/TRIALSECTION 1. #hen conducted.# After the last pleading has been served and filed, it shall be the duty of the plaintiff topromptly move e parte that the case be set for pre7trial% (5a, &*?)

SEC. !. %ature and purpose.# $he pre7trial 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 actionshould 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, &*?)

SEC. 3. %otice of pre&trial.# $he notice of pre7trial shall be served on counsel, or on the party ho has no counsel% $hecounsel served ith such notice is charged ith the duty of notifying the party represented by him% (n)

SEC. ".(ppearance of parties.# It shall be the duty of the parties and their counsel to appear at the pre7trial% $he non7appearance of a party may be ecused only if a valid cause is shon therefor or if a representative shall appear in hisbehalf 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)

SEC. #. *ffect of failure to appear.# $he failure of the plaintiff to appear hen so re;uired pursuant to the netpreceding section shall be cause for dismissal of the action% $he dismissal shall be ith pre+udice, unless otheriseordered by the court% A similar failure on the part of the defendant shall be cause to allo the plaintiff to present hisevidence e parte and the court to reader +udgment on the basis thereof% (*a, &*?)

SEC. $. $re&trial brief.# $he parties shall file ith the court and serve on the adverse party, in such manner as shallensure their receipt thereof at least three (.) days before the date of the pre7trial, their respective pre7trial briefs hichshall contain, among others"

(a) A statement of their illingness to enter into amicable settlement or alternative modes of disputeresolution, indicating the desired terms 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 purpose thereof1

(e) A manifestation of their having availed or their intention to avail themselves of discovery procedures orreferral to commissioners1 and

(f) $he number and names of the itnesses, and the substance of their respective testimonies%

ailure to file the pre7trial brief shall have the same effect as failure to appear at the pre7trial% (n)

SEC. 7. Record of pre&trial.# $he proceedings in the pre7trial shall be recorded% 9pon the termination thereof, the courtshall issue an order hich shall recite in detail the matters ta'en up in the conference, the action ta'en thereon, theamendments alloed to the pleadings, and the agreements or admissions made by the parties as to any of the mattersconsidered% Should the action proceed to trial, the order shall eplicitly define and limit the issues to be tried% $he contentsof the order shall control the subse;uent course of the action, unless modified before trial to prevent manifest in+ustice%(5a, &*?)

RULE 19

INTERVENTION

SECTION 1. #ho may intervene.# A person ho has a legal interest in the matter in litigation, or in the success ofeither of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or otherdisposition of property in the custody of the court or of an officer thereof may, ith leave of court, be alloed to intervenein the action% $he court shall consider hether or not the intervention ill unduly delay or pre+udice the ad+udication of therights of the original parties, and hether or not the intervenorFs rights may be fully protected in a separate proceeding%(*aD, bDa, &*)

SEC. !. Time to intervene.# $he motion to intervene may be filed at any time before rendition of +udgment by the trialcourt% A copy of the pleading7in7intervention shall be attached to the motion and served on the original parties% (n)

SEC. 3. $leadings&in&intervention.# $he intervenor shall file a complaint7in7intervention if he asserts a claim againsteither or all of the original parties, or an anser7in7intervention if he unites ith the defending party in resisting a claimagainst the latter% (*cDa, &*)

SEC. ".(nswer to complaint&in&intervention. # $he anser to the complaint7in7intervention shall be filed ithin fifteen(5) days from notice of the order admitting the same, unless a different period is fied by the court% (*dDa,&*)

RULE !0

CALENDAR OF CASES

SECTION 1. Calendar of cases.# $he cler' of court, under the direct supervision of the +udge, shall 'eep a calendar ofcases for pre7trial, for trial, those hose trials ere ad+ourned or postponed, and those ith motions to set for hearing%Preference shall be given to habeas corpus cases, election cases, special civil actions, and those so re;uired by la% (a,&**)

SEC. !.(ssignment of cases.# $he assignment of cases to the different branches of a court shall be done eclusivelyby raffle% $he assignment shall be done in open session of hich ade;uate notice shall be given so as to afford interestedparties the opportunity to be present% (


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SEC. !. 1y whom issued.# $he subpoena may be issued by#a) the court before hom the itness is re;uired 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 orbody1 or

d) any Gustice 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 and study carefully suchapplication to determine hether the same is made for a valid purpose%

@o prisoner sentenced to death, reclusion perpetua or life imprisonment and ho is confined in any penal institution shallbe brought outside the said penal institution for appearance or attendance in any court unless authoried by the SupremeCourt% (*a, &*.)

SEC. 3. 3arm and contents.# 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 re;uired, and in the case of a subpoena duces tecum, it shall alsocontain a reasonable description of the boo's, documents or things demanded hich must appear to the court prima facierelevant% (.a, &*.)

SEC. ". 8uashing a subpoena.# $he court may ;uash a subpoena duces tecum upon motion promptly made and, inany event, at or before the 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 fails to advance thereasonable cost of the production thereof%

$he court may ;uash a subpoena ad testificandum on the ground that the itness is not bound thereby% In either case, thesubpoena may be ;uashed on the ground that the itness fees and 'ilometrage alloed by these &ules ere nottendered hen the subpoena as served, (-a, &*.)

SEC. #. Subpoena for depositions.# Proof of service of a notice to ta'e a deposition, as provided in sections 5 and *5of &ule *., shall constitute sufficient authoriation for the issuance of subpoenas for the persons named in said notice bythe cler' of the court of the place in hich the deposition is to be ta'en% $he cler' shall not, hoever, issue a subpoena

duces tecum to any such person ithout an order of the court% (5a, &*.)

SEC. $. Service.# Service of a subpoena shall be made in the same manner as personal or substituted service ofsummons% $he original shall be ehibited and a copy thereof delivered to the person on hom it is served, tendering tohim the fees for one dayFs attendance and the 'ilometrage alloed by these &ules, ecept that, hen a subpoena isissued by or on behalf of the &epublic of the Philippines or an officer or agency thereof, the tender need not be made% $heservice must be made so as to allo the itness a reasonable time for preparation and travel to the place of attendance% Ifthe subpoena is duces tecum, the reasonable cost of producing the boo's, documents or things demanded shall also betendered% (/a, &*.)

SEC. 7. $ersonal appearance in court.# A person present in court before a +udicial officer may be re;uired to testify asif he ere in attendance upon a subpoena issued by such court or officer% (?, &*.)

SEC. 8. Compelling attendance.# 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 hisdeputy, to arrest the itness and bring him before the court or officer here his attendance is re;uired, and the cost ofsuch arrant and seiure of such itness shall be paid by the itness if the court issuing it shall determine that his failureto anser the subpoena as illful and ithout +ust ecuse% (, &*.)

SEC. 9. Contempt.# ailure by any person ithout ade;uate cause to obey a subpoena served upon him shall bedeemed a contempt of the court from hich the subpoena is issued% If the subpoena as not issued by a court, thedisobedience thereto shall be punished in accordance ith the applicable la or &ule% (*a, &*.)

SEC. 10. *4ceptions.# $he provisions of sections = and > of this &ule shall not apply to a itness ho resides morethan one hundred (??) 'ilometers from his residence to the place here 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% (>a, &*.)


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RULE !!

COMPUTATION OF TIME

SECTION 1. 2ow to compute time.# In computing any period of time prescribed or alloed by these &ules, or by orderof the court, or by any applicable statute, the day of the act or event from hich the designated period of time begins torun is to be ecluded and the date of performance included% If the last day of the period, as thus computed, falls on aSaturday, a Sunday, or a legal holiday in the place here the court sits, the time shall not run until the net or'ing day%(n)

SEC. !. *ffect of interruption.# Should an act be done hich effectively interrupts the running of the period, thealloable period after such interruption shall start to run on the day after notice of the cessation of the cause thereof%

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

RULE !3

DEPOSITIONS PENDING ACTION

SECTION 1. +epositions pending action, when may be ta)en.# !y leave of court after +urisdiction has been obtained

over any defendant or over property hich is the sub+ect of the action, or ithout such leave after an anser has beenserved, the testimony of any person, hether a party or mot, may be ta'en, at the instance of any party, by depositionupon oral eamination or ritten interrogatories% $he attendance of itnesses may be compelled by the use of asubpoena as provided in &ule *% Eepositions shall be ta'en only in accordance ith these &ules% $he deposition of aperson confined in prison may be ta'en - only by leave of court on such terms as the court prescribes% (a, &*-)

SEC. !. Scope of e4amination.# 9nless otherise ordered by the court as provided by section / or = of this &ule, thedeponent may be eamined regarding any matter, not privileged, hich is relevant to the sub+ect of the pending 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 'noledgeof relevant facts% (*, &*-)

SEC. 3. *4amination and cross&e4amination. # 0amination and cross7eamination of deponents may proceed as

permitted at the trial under sections . to = of &ule .*% (.a, &*-)

SEC. ". 'se of depositions.# At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or allof a deposition, so far as admissible 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, in accordance ith any one of the folloingprovisions"

(a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent asa itness1

(b) $he deposition of a party or of any one ho at the time of ta'ing the deposition as an officer, director, or managingagent of a public or private corporation, partnership, or association hich is a party may be used by an adverse party forany purpose1

(c) $he deposition of a itness, hether or not a party, may be used by any party for any purpose if the court finds" ()that the itness is dead1 or (*) that the itness resides at a distance more than one hundred (??) 'ilometers from theplace of trial or hearing, or is out of the Philippines, unless it appears that his absence as procured by the party offeringthe deposition1 or (.) that the itness is unable to attend or testify because of age, sic'ness, infirmity, or imprisonment1 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 +usticeand ith due regard to the importance of presenting the testimony of itnesses orally in open court, to allo thedeposition to be used1 and

(d) If only part of a deposition is offered in evidence by a party, the adverse party may re;uire him to introduce all of ithich is relevant to the part introduced, and any party may introduce any other parts% (-a, &*-)


20/99

SEC. #. *ffect of substitution of parties. # Substitution of parties does not affect the right to use depositions previouslyta'en1 and, hen an action has been dismissed and another action involving the same sub+ect is afterard broughtbeteen the same parties or their representatives or successors in interest, all depositions lafully ta'en and duly filed inthe former action may be used in the latter as if originally ta'en therefor% (5, &*-)

SEC. $. Ob"ections to admissibility.# Sub+ect to the provisions of section *> of this &ule, ob+ection may be made at thetrial or hearing to receiving in evidence any deposition or part thereof for any reason hich ould re;uire the eclusion ofthe evidence if the itness ere then present and testifying% (/, &*-)

SEC. 7. *ffect of ta)ing depositions.# A party shall not be deemed to ma'e a person his on itness for any purposeby ta'ing his deposition% (


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made at the time of the eamination to the ;ualifications of the officer ta'ing the deposition, or to the manner of ta'ing it,or to the evidence presented, or to the conduct of any party, and any other ob+ection to the proceedings, shall be noted bythe officer upon the deposition% 0vidence ob+ected to shall be ta'en sub+ect to the ob+ections% In lieu of participating in theoral eamination, parties served ith notice of ta'ing a deposition may transmit ritten interrogatories to the officers, hoshall propound them to the itness and record the ansers verbatim% ( (f) of this &ule, the court holds that the reasons given for the refusal to sign re;uire re+ection of the depositionin hole or h part% (>a, &*-)

SEC. !0. Certification and filing by officer. # $he officer shall certify on the deposition that the itness as dull sornto by him and that the deposition is a true record of the testimony given by the itness% :e shall then securely seal thedeposition in an envelope indorsed the title of the action and mar'ed 8Eeposition of (here insert the name of itness)8and shall promptly file it ith the court in hich the action is pending or send it by registered mail to the cler' thereof forfiling% (*?, &*-)

SEC. !1. %otice of filing.# $he officer ta'ing the deposition shall give prompt notice of its filing to all the parties% (*,&*-)

SEC. !!. 3urnishing copies.# 9pon payment of reasonable charges therefor, the officer shall furnish a copy of thedeposition to any party or to the deponent% (**, &*-)

SEC. !3. 3ailure to attend of party giving notice.# If the party giving the notice of the ta'ing of a deposition fails toattend and proceed thereith and another attends in person or by counsel pursuant to the notice, the court may order theparty giving the notice to pay such other party the amount of the reasonable epenses incurred by him and his counsel inso attending, including reasonable attorneyFs fees% (*.a, &*-)

SEC. !". 3ailure of party giving notice to serve subpoena.# If the party giving the notice of the ta'ing of a depositionof a itness fails to serve a subpoena upon him and the itness because of such failure does not attend, and if anotherparty attends in person or by counsel because he epects the deposition of that itness to be ta'en, the court may orderthe party giving the notice to pay to such other party the amount of the reasonable epenses incurred by him and hiscounsel in so attending, including reasonable attorneyFs fees% (*-a, &*-)

SEC. !#. +eposition upon written interrogatories; service of notice and of interrogatories.# A party desiring ta'ethe deposition of any person upon ritten interrogatories shall serve them upon every other party ith a notice stating thename and address of the person ho is to anser them and the name or descriptive title and address of the officer before

hom the deposition is to be ta'en% 2ithin ten (?) days thereafter, a party so served may serve cross7interrogatoriesupon the party proposing to ta'e the deposition% 2ithin five (5) days thereafter, the latter may serve re7directinterrogatories upon a party ho has served cross7interrogatories% 2ithin three (.) days after being served ith re7directinterrogatories, a party may serve recross7interrogatories upon the party proposing to ta'e the deposition% (*5, &*-)

SEC. !$. Officers to ta)e responses and prepare record.# A copy of the notice and copies of all interrogatories servedshall be delivered by the party ta'ing the deposition to the officer designated in the notice, ho shall proceed promptly, inthe manner provided by sections and *? of this &ule, to ta'e the testimony of the itness in response to the


22/99

interrogatories and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and theinterrogatories received by him% (*/, &*-)

SEC. !7. %otice of filing and furnishing copies. # 2hen a deposition upon interrogatories is filed, the officer ta'ing itshall promptly give notice thereof to all the parties, and may furnish copies to them or to the deponent upon payment ofreasonable charges therefor% (*a, &*-)

RULE !"

DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

SECTION 1. +epositions before action; petition. # A person ho desires to perpetuate his on testimony or that ofanother person regarding any matter that may be cogniable in any court of the Philippines, may file a verified petition inthe court of the place of the residence of any epected adverse party% (a, &.-)

SEC. !. Contents of petition.# $he petition shall be entitled in the name of the petitioner and shall sho" (a) that thepetitioner epects to be a party to an action in a court of the Philippines but is presently unable to bring it or cause it to bebrought1 (b) the sub+ect matter of the epected action and his interest therein1 (c) the facts hich he desires to establishby the proposed testimony and his reasons for desiring to perpetuate it1 (d) the names or a description of the persons heepects ill be adverse parties and their addresses so far as 'non1 and (e)the names and addresses of the persons tobe eamined and the substance of the testimony hich he epects to elicit from each, and shall as' for an orderauthoriing the petitioner to ta'e the depositions of the persons to be eamined named in the petition for the purpose ofperpetuating their testimony% (*, &.-)


23/99

SEC. 3. %otice and service.# $he petitioner shall serve a notice upon each person named in the petition as an epectedadverse party, together ith a copy of the petition, stating that the petitioner ill apply to the court, at a time and placenamed therein, for the order described in the petition% At least tenty (*?) days before the date the hearing, the court shallcause notice thereof to be served on the parties and prospective deponents in the manner provided for service ofsummons% (.a, &.-)

SEC. ". Order and e4amination.# If the court is satisfied that the perpetuation of the testimony may prevent a failure ordelay of +ustice, it shall ma'e an order designating or describing the persons hose deposition may be ta'en andspecifying the sub+ect matter of the eamination and hether the depositions shall be ta'en upon oral eamination or

ritten interrogatories% $he depositions may then be ta'en in accordance ith &ule *. before the hearing% (-a, &.-)

SEC. #. Reference to court.# or the purpose of applying &ule *. to depositions for perpetuating testimony, eachreference therein to the court in hich the action is pending shall be deemed to refer to the court in hich the petition forsuch deposition as filed% (5a, &.-)%

SEC. $. '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 subse;uently broughtin accordance ith the provisions of sections - and 5 of &ule *.% (/a, &.-)

SEC. 7. +epositions pending appeal.# If an appeal has been ta'en from a +udgment of a court, including the Court ofAppeals in proper cases, 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 use in the eventof further proceedings in the said court% In such case the party ho desires to perpetuate the testimony may ma'e amotion in the said court for leave to ta'e the depositions, upon the same notice and service thereof as if the action aspending therein% $he motion shall state (a) the name and addresses of the persons to be eamined and the substance of

the testimony hich he epects to elicit from each1 and (b) the reason for perpetuating their testimony% If the court findsthat the perpetuation of the testimony is proper to avoid a failure or delay of +ustice, it y ma'e an order alloing thedepositions to be ta'en, and thereupon the depositions may be ta'en and used in the same manner and under the sameconditions as are prescribed in these &ules for depositions ta'en in pending actions% (


24/99

SEC. 3. Ob"ections to interrogatories.# 4b+ections to any interrogatories may be presented to the court ithin ten (?)days after service thereof, ith notice as in case of motion1 and ansers shall be deferred until the ob+ections areresolved, hich shall be at as early a time as is practicable% (.a)

SEC. ". %umber of interrogatories.# @o party may ithout leave of court, serve more than one set of interrogatories tobe ansered by the same party% (-)

SEC. #. Scope and use of interrogatories. # Interrogatories may relate to any matters that can be in;uired into tindersection * of &ule *., and the ansers may be used for the same purposes provided in section - of the same &ule% (5a)

SEC. $. *ffect of failure to serve written interrogatories.# 9nless thereafter alloed by the court for good causeshon and to prevent a failure of +ustice, a party not served ith ritten interrogatories may not be compelled by theadverse party to give testimony in open court, or to give a deposition pending appeal% (n)

RULE !$

ADMISSION B ADVERSE PART

SECTION 1. Re6uest for admission.# At any time after issues have been +oined, a party may file and serve upon anyother party a ritten re;uest for the admission by the latter of the genuineness of any material and relevant documentdescribed in and ehibited ith the re;uest or of the truth of any material and relevant matter of fact set forth in the

re;uest% Copies of the documents shall be delivered ith the re;uest unless copies have already been furnished% (a)

SEC. !. Implied admission.# 0ach of the matters of hich an admission is re;uested shall be deemed admitted unless,ithin a period designated in the re;uest, hich shall not be less than fifteen (5) days after service thereof, or ithin suchfurther time as the court may allo on motion, the party to hom the re;uest is directed files and serves upon the partyre;uesting the admission a sorn statement either denying specifically the matters of hich an admission is re;uested orsetting forth in detail the reasons hy he cannot truthfully either admit or deny those matters%

4b+ections to any re;uest for admission shall be submitted to the court by the party re;uested ithin the period for andprior to the filing of his sorn statement as contemplated in the preceding paragraph and his compliance thereith shallbe deferred until such ob+ections are resolved, hich resolution shall be made as early as practicable% (*a)

SEC. 3. *ffect of admission.# Any admission made by a party pursuant to such re;uest is for the purpose of thepending action only and shall not constitute an admission by him for any other purpose nor may the same be used againsthim in any other proceeding% (.)

SEC. ". #ithdrawal.# $he court may allo the party an admission under this &ule, hether epress or implied, toithdra or amend it upon such terms as may be +ust% (-)


25/99

SEC. #. *ffect of failure to file and serve re6uest for admission.# 9nless otherise alloed by the court for goodcause shon and to prevent a failure of +ustice, a party ho fails to file and serve a re;uest for admission on the adverseparty of material and relevant facts at issue hich are, or ought to be ithin the personal 'noledge of the latter, shall benot be permitted to present evidence on such facts% (n)

RULE !7

PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

SECTION 1. !otion for production or inspection order# 9pon motion of any party shoing good cause therefor thecourt in hich an action is pending may (a) order any party to produce and permit the inspection and copying orphotographing, by or on behalf of the moving party, of any designated documents, papers, boo's accounts, letters,photographs, ob+ects or tangible things, not privileged, hich constitute or contain evidence material to any matterinvolved in the action and hich are in his possession, custody or control1 or (b) order any party to permit entry upon

designated land or other property in his possession or control for the purpose of inspecting measuring, surveying, orphotographing the property or any designated relevant ob+ect or operation thereon% $he order shall specify the time, placeand manner of ma'ing the inspection and ta'ing copies and photographs, and may prescribe such terms and conditionsas are +ust% (a)

RULE !8

PHSICAL AND MENTAL EAMINATION OF PERSONS

SECTION 1. #hen e4amination may be ordered.# In an action in hich the mental or physical condition of a party is incontroversy, the court in hich the action is pending may in its discretion order him to submit to a physical or mentaleamination by a physician% ()

SEC. !. Order for e4amination.# $he order for eamination may be made only on motion for good cause shon andupon notice to the party to be eamined and to all other parties, and shall specify the time, place, manner, conditions andscope of the eamination and the person or persons by hom it is to be made% (*)

SEC. 3. Report of findings.# If re;uested by the party eamined, the party causing the eamination to be made shalldeliver to him a copy of a detailed ritten report of the eamining physician setting out his findings and conclusions% Aftersuch re;uest and delivery, the party causing the eamination to be made shall be entitled upon re;uest to receive from theparty eamined a li'e report of eamination, previously or thereafter made, of the same mental or physical condition% If theparty eamined refuses to deliver such report, the court on motion and notice ma'e an order re;uiring delivery on suchterms as are +ust, and if a physician fails or refuses to ma'e such a report the court may eclude his testimony if offered atthe trial% (.a)

SEC. ". #aiver of privilege.# !y re;uesting and obtaining a report of the eamination so

roc rules on civil procedure

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