rules of civil procedure 1-5

8/3/2019 Rules of Civil Procedure 1-5

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RULES OF CIVIL PROCEDURE

RULE 1

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

otherwise provided by the Supreme Court.

Sec. 3. Cases governed. These Rules shall govern the procedure to be observed inactions, civil or criminal, and special proceedings.

(a) A civil action is one by which a party sues another for the enforcement or protection

of a right, or the prevention or redress of a wrong.

A civil action may either be ordinary or special. Both are governed by the rules for

ordinary civil actions, subject to the specific rules prescribed for a special civil action.

(b) A criminal action is one by which the State prosecutes a person for an act or

omission punishable by law.

(c) A special proceeding is a remedy by which a party seeks to establish a status, a

right, or a particular fact.

Civil action one by which a party sues another for the enforcement or protection of a

right, or the prevention or redress of a wrong

Criminal action one by which the State prosecutes a person for an act or omission

punishable by law.

Special proceeding a remedy by which a party seeks to establish a status, a right, or

a particular fact

Special civil actions are called so because special rules govern.

Sec. 4. In what cases not applicable. These Rules shall not apply to election cases,

land registration, cadastral, naturalization and insolvency proceedings, and other cases

not herein provided for, except by analogy or in a suppletory character and whenever

practicable and convenient.

Cases where the Rules apply only by analogy or suppletorily

1. election cases2. land registration3. cadastral


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4. naturalization and5. insolvency proceedings, and6. other cases not herein provided for

Sec. 5. Commencement of action. A civil action is commenced by the filing of the

original complaint in court. If an additional defendant is impleaded in a later pleading,the action is commenced with regard to him on the date of the filing of such later

pleading, irrespective of whether the motion for its admission, if necessary, is denied by

the court.

A. Ordinary Civil Actions (Rules 2-5)

Kinds of actions

Real action the subject matter of the action is real property (e.g. foreclosure of real

mortgage)

Personal action the subject matter of the action is personal property (e.g. foreclosure

of chattel mortgage)

Action in personam the decision is enforceable only against the parties

Action in rem the decision is enforceable against the whole world

Action quasi in rem A real action may still be an action in personam.

Rule 2

Section 1. Ordinary civil actions, basis of. Every ordinary civil action must be based

on a cause of action.

Sec. 2. Cause of action, defined. A cause of action is the act or omission by which

a party violates a right of another.

CAUSE OF ACTION act or omission by which a party violates a right of another.

Sec. 3. One suit for a single cause of action. A party may not institute more than

one suit for a single cause of action.Sec. 4. Splitting a single cause of action; effect of. If two or more suits are

instituted on the basis of the same cause of action, the filing of one or a judgment upon

the merits in any one is available as a ground for the dismissal of the others.

A plaintiff can not split a single cause of action, but he may join several causes of action

against the same defendant, subject to the following rules:


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1. must comply with the rules on joinder of parties2. joinder shall not include special civil actions or actions governed by special rules (e.g.

summary procedure)

3. where the causes of action are between the same parties but pertain to differentvenues or jurisdictions, the joinder may be allowed in the RTC provided

a. one of the causes of action falls within the jurisdiction of the RTC court and

b. the venue lies within such RTC

4. where the claims in all the causes of action are principally for recovery of money, the

aggregate amount claimed shall be the test of jurisdiction.

RULE 3 PARTIES TO CIVIL ACTIONS

Section 1. Who may be parties; plaintiff and defendant. Only natural or juridical

persons, or entities authorized by law may be parties in a civil action. The term

plaintiff may refer to the claiming party, the counter-claimant, the cross-claimant, or

the third (fourth, etc.)-party plaintiff. The term defendant may refer to the original

defending party, the defendant in a counterclaim, the cross-defendant, or the third

(fourth, etc.)-party defendant.

Sec. 2. Parties in interest. A real party in interest is the party who stands to be

benefited or injured by the judgment in the suit, or the party entitled to the avails ofthe suit. Unless otherwise authorized by law or these Rules, every action must be

prosecuted or defended in the name of the real party in interest.

Sec. 3. Representatives as parties. Where the action is allowed to be prosecuted or

defended by a representative or someone 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 express trust, a guardian, an executor

or administrator, or a party authorized by law or these Rules. An agent acting in his

own name and for the benefit of an undisclosed principal may sue or be sued without

joining the principal except when the contract involves things belonging to the principal.

Sec. 4. Spouses as parties. Husband and wife shall sue or be sued jointly, except as

provided by law.

Sec. 5. Minor or incompetent persons. A minor or a person alleged to be

incompetent, may sue or be sued, with the assistance of his father, mother, guardian,

or if he has none, a guardian ad litem.


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Rule on permissive joinder of parties All persons in whom or against whom any right

to relief in respect to or arising out of the same transaction or series of transactions is

alleged to exist, whether jointly, severally, or in the alternative, may join as plaintiffs or

be joined as defendants in one complaint, where any question of law or fact common to

all such plaintiffs or to all such defendants may arise in the action. Misjoinder of causesof action is not a ground to dismiss a case. The proper remedy is to severe the other

cause of action and to try separately. [Rule 6]

Sec. 7. Compulsory joinder of indispensable parties. Parties in interest without whom

no final determination can be had of an action shall be joined either as plaintiffs or

defendants.

Indispensable parties parties in interest without whom no final determination can be

had of an action. Failure to implead an indispensable party is ground to dismiss the

case.

Necessary party one who is not indispensable but who ought to be joined as a party ifcomplete relief is to be accorded as to those already parties, or for a complete

determination or settlement of the claim subject of the action. Failure to implead a

necessary party is a waiver of the claim against such party. It is not ground to dismiss

the case. [Sec. 8]

Sec. 9. Non-joinder of necessary parties to be pleaded. Whenever in any pleading in

which a claim is asserted a necessary party is not joined, the pleader shall set forth his

name, if known, and shall state why he is omitted. Should the court find the reason for

the omission unmeritorious, it may order the inclusion of the omitted necessary party ifjurisdiction over his person may be obtained.

The failure to comply with the order for his inclusion, without justifiable cause, shall be

deemed a waiver of the claim against such party.

The non-inclusion of a necessary party does not prevent the court from proceeding in

the action, and the judgment rendered therein shall be without prejudice to the rights

of such necessary party.

Sec. 10. Unwilling co-plaintiff. If the consent of any party who should be joined as

plaintiff can not be obtained, he may be made a defendant and the reason therefor

shall be stated in the complaint.

Sec. 11. Misjoinder and non-joinder of parties. Neither misjoinder nor non-joinder of

parties is ground for dismissal of an action. Parties may be dropped or added by order

of the court on motion of any party or on its own initiative at any stage of the action


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and on such terms as are just. Any claim against a misjoined party may be severed and

proceeded with separately.

The non-joinder of a party which does not cause dismissal refers to necessary parties.

Non-joinder of an indispensable party is a ground to dismiss the action.

Sec. 12. Class suit. When the subject matter of the controversy is one of common or

general interest to many persons so numerous that it is impracticable to join all as

parties, a number of them which the court finds to be sufficiently numerous and

representative as to fully protect the interests of all concerned may sue or defend for

the benefit of all. Any party in interest shall have the right to intervene to protect his

individual interest.

Requisites of a Class Suit

1.

the subject matter of the controversy is one of common or general interest2. to many persons so numerous it is impracticable to join all as parties3. a number of them which the court finds to be sufficiently numerous and

representative as to fully protect the interests of all concerned sues or

defends for the benefit of all

4. Any party in interest shall have the right to intervene to protect his individualinterest.

Sec. 13.Alternative defendants. Where the plaintiff is uncertain against who ofseveral persons he is entitled to relief, he may join any or all of them as defendants in

the alternative, although a right to relief against one may be inconsistent with a right of

relief against the other.

Sec. 14. Unknown identity or name of defendant. Whenever the identity or name of a

defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by

such other designation as the case may require; when his identity or true name is

discovered, the pleading must be amended accordingly.

Sec. 15. Entity without juridical personality as defendant. When two or more persons

not organized as an entity with juridical personality enter into a transaction, they may

be sued under the name by which they are generally or commonly known.

In the answer of such defendant, the names and addresses of the persons composing

said entity must all be revealed.

If the defendant dies before a case may be filed


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3) in case conflict of interest where a creditor being appointed administrator

is to appoint a special administrator where the creditor appointed will have to file his

own claim

1. after judgment but before execution1. for sum of money present the writ of execution as a claim before

the probate court

2. real action and action for damages substitute the defendant withhis administrator or executor, and enforce the writ against him

without going to the probate court

3. after levy on execution (applies only to recovery of a sum ofmoney) continue with the auction sale and the officer making the

sale shall deliver the proceeds to the plaintiff, and account to the

executor or administrator for any excess.

RULE 5 UNIFORM PROCEDURE IN TRIAL COURTS

Rules on summary procedure are applicable in the following cases before the MTCs

1. Civil cases1. forcible entry and unlawful detainer, regardless of amount of

damages (compensation for use of property) or unpaid rentals

2.

except probate proceedings, civil cases where the total amount ofthe plaintiffs claim does not exceed P10,000 exclusive of interest

and costs.

3. Criminal cases1. traffic violations2. rental law violations3. municipal or city ordinances violations4. damage to property through criminal negligence, where

the imposable fine does not exceed P10,000

5. penalty not exceeding 6-month imprisonment, or aP1,000 fine

Exceptions:

1. civil case where the plaintiffs cause of action is pleaded in the samecomplaint with another cause of action subject to the ordinary procedure


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2. criminal case where the offense charged is necessarily related to anothercriminal case subject to the ordinary procedure.

Recall that criminal cases that should undergo reconciliation proceedings under the

Katarungang Pambaranggay are offenses punishable by not more than 1 year or a fine

not over P5,000

Therefore nearly all summary procedure criminal cases must go through the

Katarungang Pambaraggay.

Sec. 2. Determination of applicability

Upon filing of the initiatory pleading, the court shall declare whether the case is

governed by the rule on summary procedure.

Civil CasesProcedure in summary civil cases

1. complaint is filed2. court declares it falls under summary procedure3. may dismiss the case motu proprio; if not, issue summons4. defendant files his answer within 10 days (defenses and claims not pleaded

are waived, except lack of jurisdiction over subject matter)

5. answer to counterclaims or cross-claims within 10 days from service of theanswer

6. preliminary conference not later than 30 days after the last answer is filed;absence of

1. plaintiff cause for the dismissal of his complaint; defendantentitled to judgment on his counterclaim as if plaintiff did not file an

answer to the counterclaim; all cross-claims dismissed

2. sole defendant plaintiff shall be entitled to judgment as ifdefendant did not file an answer

3. 1 or some of many defendants sued under a common cause ofaction who had pleaded a common defense no adverse effect on

the defense

4. the court issues record of preliminary conference, within 5 daysafter the termination of the preliminary conference, covering

1. terms of any amicable settlement2. stipulations or admissions entered into by the parties


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3. Whether, on the basis of the pleadings and thestipulations and admissions made by the parties,

judgment may be rendered without the need of further

proceedings, in which event the judgment shall be

rendered within 30 days from issuance of the order4. material facts which remain controverted5. matters intended to expedite the disposition of the case.

5. parties shall submit the affidavits of their witnesses and otherevidence on the factual issues defined in the order, together with

their position papers, within 10 days issuance of record of

preliminary conference

6. within 30 days after receipt of the last affidavits and positionpapers, or the expiration of the period for filing the same, the court

either1. renders judgment2. requires clarification of certain material facts, within 10

days from receipt of said order; then render judgment

within 15 days from receipt of the last clarificatory

affidavits, or the expiration of the period for filing the

same

A. Pleadings allowed

Allowable pleadings (must all be verified)

1. complaint2. compulsory counterclaims3. cross-claims in the answer4. answer

Note that permissive counterclaims and 3rd

party complaints are not allowed.

Sec. 5.Answer. - Within ten (10) days from service of summons, the defendant shall

file his answer to the complaint and serve a copy thereof on the plaintiff. Affirmative

and negative defenses not pleaded therein shall be deemed waived, except for lack of

jurisdiction over the subject matter. Cross-claims and compulsory counterclaims not

asserted in the answer shall be considered barred. The answer to counterclaims or

cross-claims shall be filed and served within ten (10) days from service of the answer in

which they are pleaded.

Sec. 6. Effect of failure to answer.

Failure of the defendant to answer the court shall render judgment as may be

warranted by the facts alleged in the complaint and limited to what is prayed for; the


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court may in its discretion reduce the amount of damages and attorneys fees claimed

for being excessive or otherwise unconscionable.

Note that when the defendant fails to answer in summary procedure, the court may

motu propio rule for the plaintiff. In ordinary civil actions, the court can do so only uponmotion by the plaintiff to declare the defendant in default and after plaintiff supports his

claim with evidence.

Sec. 7. Preliminary conference; appearance of parties. - Not later than thirty (30) days

after the last answer is filed, a preliminary conference shall be held. The rules on pre-

trial in ordinary cases shall be applicable to the preliminary conference unless

inconsistent with the provisions of this Rule.

The failure of the plaintiff to appear in the preliminary conference shall be a cause for

the dismissal of his complaint. The defendant who appears in the absence of theplaintiff shall be entitled to judgment on his counterclaim in accordance with Section 6

hereof. All cross-claims shall be dismissed.

If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in

accordance with Section 6 hereof. This Rule shall not apply where one of two or more

defendants sued under a common cause of action who had pleaded a common defense

shall appear at the preliminary conference.

* Effect of failure to appear at the preliminary conference by

1. the plaintiff cause for the dismissal of his complaint; defendant whoappears entitled to judgment on his counterclaim as may be warranted by the

facts alleged. All cross-claims shall be dismissed.

2. the sole defendant plaintiff entitled to judgment as may be warranted by thefacts alleged in his complaint

3. one of many defendants sued under a common cause of action who hadpleaded a common defense case continues

Sec. 8. Record of preliminary conference. - Within five (5) days after the termination of

the preliminary conference, the court shall issue an order stating the matters taken up

therein, including but not limited to:

a) Whether the parties have arrived at an amicable settlement, and if so, the terms

thereof;

b) The stipulations or admissions entered into by the parties;.


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c) Whether, on the basis of the pleadings and the stipulations and admissions made

by the parties, judgment may be rendered without the need of further proceedings, in

which event the judgment shall be rendered within thirty (30) days from issuance of

the order;

d) A clear specification of material facts which remain controverted; and

e) Such other matters intended to expedite the disposition of the case.

Sec. 9. Submission of affidavits and position papers. - Within ten (10) days from receipt

of the order mentioned in the next preceding section, the parties shall submit the

affidavits of their witnesses and other evidence on the factual issues defined in the

order, together with their position papers setting forth the law and the facts relied upon

by them.Sec. 10. Rendition of judgment. - Within thirty (30) days after receipt of the last

affidavits and position papers, or the expiration of the period for filing the same, the

court shall render judgment.

However should the court find it necessary to clarify certain material facts, it may,

during the said period, issue an order specifying the matters to be clarified, and require

the parties to submit affidavits or other evidence on the said matters within ten (10)

days from receipt of said order. Judgment shall be rendered within fifteen (15) days

after the receipt of the last clarificatory affidavits, or the expiration of the period for

filing the same.

The court shall not resort to the clarificatory procedure to gain time for the rendition of

the judgment.

Criminal Cases

Summary Procedure in Criminal cases

1. Initiated either by complaint or information (only by information, in MetroManila and Chartered cities, except when the offense cannot be prosecuted

de oficio)

2. As many copies of the information or complaint, with affidavits of complainantand his witnesses, as there are accused plus 2, within 5 days from filing;

otherwise the case may be dismissed

3. Court declares if the case is covered by the rule on summary procedure


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4. If commenced by complaint and patently without basis or merit, court maydismiss the case; otherwise, court requires accused to submit his counter-

affidavit and the affidavits of his witnesses and any evidence in his behalf

5. Filing and service on prosecution of defenses evidence within 10 days fromreceipt of the order

6. prosecution may file reply affidavits within 10 days after receipt of thecounter-affidavits of the defense.

7. Court either dismisses the case, or set arraignment and trial8. If the accused is in custody for the crime charged, he shall be immediately

arraigned and if he enters a plea of guilty, he shall forthwith be sentenced.

9. Preliminary conference1. no admission by the accused shall be used against him unless

reduced to writing and signed by the accused and his counsel

2.

parties must manifest intention to present additional affidavits orcounter-affidavits as part of his direct evidence, and it should be

allowed by the court; filed and served within 3 days after the

termination of the preliminary conference; accused may file and

serve his counter-affidavits within 3 days from such service.

3. Trial the affidavits submitted by the parties shall constitute thedirect testimonies, subject to cross-examination, redirect or re-

cross examination; failure of affiant to testify will render his

affidavit incompetent for the offeror, but admissible for the

opposing party; witnesses must submit affidavits before testifying,except on rebuttal or surrebuttal

4. Accused shall not be arrested, except for failure to appear whenrequired; Accused may be released either on bail or recognizance

5. the court renders judgment within 30 days after the termination oftrial.

Note that preliminary conference is required in both civil and criminal cases.

In criminal cases, there is hearing and actual trial. In civil cases, only the pleadings,

affidavit, evidence, and position papers are considered. There is no hearing or trial in

summary civil cases.

Only those who have executed affidavits may testify on the stand, except rebuttal and

sur-rebuttal witnesses.


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Sec. 11. How commenced. - The filing of criminal cases falling within the scope of this

Rule shall be either by complaint or by information: Provided, however, that in

Metropolitan Manila and in Chartered Cities. such cases shall be commenced only by

information, except when the offense cannot be prosecuted de oficio.

The complaint or information shall be accompanied by the affidavits of the complainantand of his witnesses in such number of copies as there are accused plus two (2) copies

for the courts files. If this requirement is not complied with within five (5) days from

date of filing, the case may be dismissed.

Sec. 12. Duty of court. -

(a) If commenced by compliant. - On the basis of the compliant and the affidavits and

other evidence accompanying the same, the court may dismiss the case outright for

being patently without basis or merit and order the release of the accused if in custody.

(b) If commenced by information. - When the case is commenced by information, or isnot dismissed pursuant to the next preceding paragraph, the court shall issue an order

which, together with copies of the affidavits and other evidence submitted by the

prosecution, shall require the accused to submit his counter-affidavit and the affidavits

of his witnesses as well as any evidence in his behalf, serving copies thereof on the

complainant or prosecutor not later than ten (10) days from receipt of said order. The

prosecution may file reply affidavits within ten (10) days after receipt of the counter-

affidavits of the defense.

* Ground for motu propio dismissal of criminal case covered by summary procedure

initiated by complaint

patently without basis or merit. The court can not dismiss acriminal case outright if it is commenced by information.

Sec. 13.Arraignment and trial. - Should the court, upon a consideration of the

complaint or information and the affidavits submitted by both parties, find no cause or

ground to hold the accused for trial, it shall order the dismissal of the case; otherwise,

the court shall set the case for arraignment and trial.

If the accused is in custody for the crime charged, he shall be immediately arraigned

and if he enters a plea of guilty, he shall forthwith be sentenced.

Sec. 14. Preliminary conference. - Before conducting the trial, the court shall call the

parties to a preliminary conference during which a stipulation of facts may be entered

into, or the propriety of allowing the accused to enter a plea of guilty to a lesser offense

may be considered, or such other matters may be taken up to clarify the issues and to

ensure a speedy disposition of the case. However, no admission by the accused shall

be used against him unless reduced to writing and signed by the accused and his

counsel. A refusal or failure to stipulate shall not prejudice the accused.


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Sec. 15. Procedure of trial. - At the trial, the affidavits submitted by the parties shall

constitute the direct testimonies of the witnesses who executed the same. Witnesses

who testified may be subjected to cross-examination, redirect or re-cross examination.

Should the affiant fail to testify, his affidavit shall not be considered as competent

evidence for the party presenting the affidavit, but the adverse party may utilize thesame for any admissible purpose.

Except on rebuttal or surrebuttal, no witness shall be allowed to testify unless his

affidavit was previously submitted to the court in accordance with Section 12 hereof.

However, should a party desire to present additional affidavits or counter-affidavits as

part of his direct evidence, he shall so manifest during the preliminary conference,

stating the purpose thereof. If allowed by the court, the additional affidavits of the

prosecution or the counter-affidavits of the defense shall be submitted to the court and

served on the adverse party not later than three (3) days after the termination of thepreliminary conference. If the additional affidavits are presented by the prosecution,

the accused may file his counter-affidavits and serve the same on the prosecution

within three (3) days from such service.

Sec. 16.Arrest of accused. - The court shall not order the arrest of the accused except

for failure to appear whenever required. Release of the person arrested shall either be

on bail or on recognizance by a responsible citizen acceptable to the court.

Sec. 17.Judgment. - Where a trial has been conducted, the court shall promulgate the

judgment not later than thirty (30) days after the termination of trial.Sec. 18. Referral to Lupon. - Cases requiring referral to the Lupon for conciliation under

the provisions of Presidential Decree No. 1508 where there is no showing of compliance

with such requirement, shall be dismissed without prejudice and may be revived only

after such requirement shall have been complied with. This provision shall not apply to

criminal cases where the accused was arrested without a warrant.

Failure to comply with Katarungang Pambaranggay when required is ground for

dismissal of the complaint, unless the accused was arrested without a warrant.

* Prohibited pleadings and motions (Section 19):

1. Motion to dismiss the complaint or to quash the complaint or information,except on the ground of lack of jurisdiction over the subject matter, or failure

to comply with the Katarungang Pambaranggay

2. Motion for a bill of particulars3. MNT, or MfR, or motion for opening of trial4. Petition for relief from judgment


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5. Motion for extension of time to file pleadings, affidavits or any other paper6. Memoranda7. Petition for certiorari, mandamus, or prohibition against any interlocutory

order issued by the court

8. Motion to declare the defendant in default9. Dilatory motions for postponement10.Reply11.Third party complaints12.Interventions.

Sec. 20.Affidavits. - The affidavits required to be submitted under this Rule shall state

only facts of direct personal knowledge of the affiants which are admissible in evidence,

and shall show their competence to testify to the matters stated therein.A violation of this requirement may subject the party or the counsel who submits the

same to disciplinary action, and shall be cause to expunge the inadmissible affidavit or

portion thereof from the record.

* Special requirement for affidavits under summary procedure: must state only

admissible evidence and show their competence to testify on such matters. Otherwise,

the offering party or counsel may be subject to disciplinary action and the inadmissible

portion is expunged.

Sec. 21.Appeal. - The judgment or final order shall be appealable to the appropriate

regional trial court which shall decide the same in accordance with Section 22 of Batas

Pambansa Blg. 129. The decision of the regional trial court in civil cases governed by

this Rule, including forcible entry and unlawful detainer, shall be immediately

executory, without prejudice to a further appeal that may be taken therefrom. Section

10 of Rule 70 (of the 1964 Rules of Court) shall be deemed repealed.

Summary decisions are appealable to the RTC. RTC decision in ejectment casesare immediately executory.

rules of civil procedure 1-5

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