RULES OF COURT _________ Pursuant to the provisions of Section 5(5) of Article !!! of the Constitution" the Supre#e Court here$% a&opts an& pro#ul'ates the folloin' rules concernin' the the prote rotec ctio tion an& enfor nforce ce# #ent of constitutional ri'hts" plea&in'" practice an& proce&ur proce&ure e in all courts" the a&#ission a&#ission to the practice of la" the !nte'rate& ar" an& le'al assistance to the un&erprivile'e&*
co&&enced with reard to hi& on the date of the filin of such later !leadin# irres!ecti%e of whet whethe herr the the &oti &otion on for for its its ad&i ad&iss ssio ion# n# if necessar"# is denied b" the court. (/a) SEC. /. Construction.—These Construction.—These Rules be liberall" construed in order to !ro&ote ob+e ob+ect cti% i%e e of secu securi rin n a +ust +ust## s!ee s!eed" d" ine$!e ine$!ensi nsi%e %e dis!os dis!ositi ition on of e%er" e%er" actio action n !roceedin. (a)
shall their and and and
PART !
C!!L ACT!O-S RULE +
,E-ERAL PRO!S!O-S
OR.!-AR/ C!!L ACT!O-S
RULE 0
SECT SECTION ION 1. Title Title of the the Rules Rules.—These .—These Rules shall be known and cited as the Rules of Court. (1) SEC. . In what courts applicable.—These applicable .—These rule rules s shal shalll a!!l a!!l" " in all all cour courts ts## e$ce e$ce!t !t as otherwise !ro%ided b" the Su!re&e Court. (n) SEC. SEC. '. Cases Cases governed governed .—These .—These Rules Rules shall o%ern the !rocedure !rocedure to be obser%ed obser%ed in act action ions# ci%i ci%ill or cri cri&inal inal## and and s!e s!ecia cial !roceedins.
CAUSE OF ACT!OSECTION 1. Ordinary civil actions, basis of.—E%er" of.—E%er" ordinar" ci%il action &ust be based on a cause of action. (n) SEC. . Cause of action, defined .— .— cause of action is the act or o&ission b" which a !art" %iolates a riht of another. (n)
(a) ci%il action action is one b" which a !art" sues another for the enforce&ent or !rotection of a riht# or the !re%ention or redress of a wron. (1a# R)
SEC. '. One suit for a single cause of action.— action.— !art" !art" &a" not institut institute e &ore &ore than than one suit for a sinle cause of action. ('a)
ci%i ci%ill act action ion &a" eit either her be ordinar" or s!ecial. *oth are o%erned b" the rules for ordinar" ci%il actions# sub+ect to the s!ecific rules !rescribed for a s!ecial ci%il action. (n)
SEC. ,. Splitting a single cause of action; effect of.—If of.—If two or &ore suits are are instituted instituted on the basis of the sa&e cause of action# the filin of one or a +ud&ent u!on the &erits in an" one is a%ailable as a round for the dis&issal of the others. (,a)
(b) (b) cri& cri&in inal al acti action on is one one b" which the State !rosecutes a !erson for an act or o&ission !unishable b" law. (n) (c) s! s !ecial !r ! roceedin is a re&e re&ed" d" b" whic which h a !art !art" " seek seeks s to establish a status# a riht# or a !articular fact. (a# R) SEC. ,. In what cases not applicabl applicable e .— These These Rules Rules shall shall not a!!l" to election election cases# cases# land reistrat reistration# ion# cadastra cadastral# l# naturalinaturali-atio ation n and insol% insol%enc enc" " !rocee !roceedin dins# s# and other other cas cases es not herein !ro%ided for# e$ce!t b" analo" or in a su!!letor" character and whene%er !racticable and con%enient. (R1,'a) SEC. . Commencement Commencement of action.— action.— ci%il action is co&&enced b" the filin of the oriinal co&!laint in court. If an additional additional defendant defendant is i&!lea i&!leaded ded in a later later !leadi !leadin# n# the action action is
SEC. . oinder of causes of action.— action.— !art !art" " &a" &a" in one one !lea !leadi din n asse assert rt## in the the altern alternati ati%e %e or otherw otherwise ise## as &an" &an" causes causes of action action as he &a" ha%e ha%e aains aainstt an o!!osi o!!osin n !art"# sub+ect to the followin conditions0 (a) The !art" +oinin +oinin the causes of acti action on shal shalll co&! co&!l" l" with with the the rule rules s on +oinder of !arties !arties (b) The +oinder +oinder shall shall not include include s!ecial ci%il actions or actions o%erned b" s!ecial rules (c) 2here the the causes causes of action are between between the sa&e !arties !arties but !ertain to diff differ eren entt %enu %enues es or +uri +urisd sdic icti tion ons# s# the the +oinder &a" be allowed in the Reional Trial Court !ro%ided one of the causes of action action falls falls within within the +urisdiction +urisdiction of said
court and the %enue lies therein and (d) (d) 2her 2here e the the clai clai&s &s in all all the the causes of action are !rinci!all" for reco%er" of &one"# the areate a&ount clai&ed shall be the test of +urisdiction. (a) SEC. /. !is"oinder of causes of action.— action .— 3is+oinder of causes of action is not a round for dis&issal dis&issal of an action. action. &is+oined &is+oined cause cause of action action &a"# &a"# on &otion &otion of a !art" !art" or on the initiati%e of the court# be se%ered and !roceeded with se!aratel". (n)
RULE 1
PART!ES TO C!!L ACT!O-S
SECTION 1. #ho may be parties; plaintiff and defend defendant ant .—On . —Onl" l" nat natural ural or +uri +uridi dica call !ersons# or entities authori-ed b" law &a" be !arties in a ci%il action. The ter& 4!laintiff5 &a" refe referr to the the clai clai&i &in n !art !art"# "# the the coun counte ter6 r6 clai&ant# the cross6clai&ant# or the third (fourth etc.)—!art" !laintiff. The ter& 4defendant5 &a" refe referr to the the ori oriin inal al defe defend ndin in !art !art"# "# the the defe defend ndan antt in a coun counte terc rcla lai& i&## the the cros cross6 s6 defen defendan dant# t# or the third third (fourt (fourth# h# etc.) etc.)—!a —!art" rt" defendant. (1a) SEC. . $arties in interest .— .— real !art" in interest is the !art" who stands to be benefited or in+ured b" the +ud&ent in the suit# or the !art" entitl entitled ed to the a%ails a%ails of the suit. suit. 7nless 7nless otherw otherwise ise auth authori ori-ed -ed b" law or these these Rules# Rules# e%er" action &ust be !rosecuted or defended in the na&e of the real !art" in interest. (a). SEC. SEC. '. Represen Representati tatives ves as parties parties.. — 2here the action is allowed to be !rosecuted or defended b" a re!resentati%e re!resentati%e or so&eone actin in a fiduciar" ca!acit"# the beneficiar" shall be includ included ed in the title title of the case and shall shall be dee&ed dee&ed to to be the real real !art" !art" in interes interest. t. re!resentati%e &a" be a trustee of an e$!ress trust# a uardian# an e$ecutor or ad&inistrator# or a !art" authori-ed authori-ed b" law law or these these Rules. n aent actin in his own na&e and for the benefit of an undisclosed !rinci!al &a" sue or be sued without without +oinin the !rinci!al !rinci!al e$ce!t when the cont contra ract ct in%o in%ol% l%es es thin thins s belo belon nin in to the the !rinci!al. ('a) SEC. ,. Spouses as parties.—8usband parties.—8usband and wife wife shall shall sue sue or be sued sued +ointl +ointl"# "# e$ce!t e$ce!t as !ro%ided b" law. (,a) SEC. . !inor or incompetent persons.— persons .— &inor or a !erson !erson alleed to be inco&!etent inco&!etent##
&a" sue or be sued# with the assistance of his father# &other# uardian# or if he has none# a uardian ad litem. litem. (a) SEC. /. $ermissive "oinder of parties.—ll parties.—ll !ersons in who& or aainst who& an" riht to relief in res!ect to or arisin out of the sa&e transaction or series of transactions is alleed to e$is e$ist# t# whet whethe herr +oin +ointl tl"# "# se%e se%era rall ll"# "# or in the the alternati%e# alternati%e# &a" e$ce!t as otherwise !ro%ided in these these Rules# +oin as !laintif !laintiffs fs or be +oined +oined as defe defend ndan ants ts in one one co&! co&!la lain int# t# where here an" an" 9ues 9uesti tion on of law law or fact fact co&& co&&on on to all all such such !laintiffs or to all such defendants &a" arise in the action but the court &a" &ake such orders as &a" &a" be +ust +ust to !re% !re%en entt an" an" !lai !laint ntif ifff or defendan defendantt fro& bein e&barrass e&barrassed ed or !ut to e$!ense in connection with an" !roceedins in which he &a" ha%e no interest. (/) SEC. :. Compu ompuls lsor ory y "oin "oinde derr of indisp indispen ensab sable le partie parties s.—;a .—;art rtie ies s in inte intere rest st without who& no final deter&ination can be had of an action shall be +oined either s !laintiffs or defendants. (:) SEC. <. %ecessary %ecessary party party .— .— necessar necessar" " !art" is one who is not indis!ensable but who ouht to be +oined as a !art" if co&!lete relief is to be accorded as to those alread" !arties# or for a co&!lete deter&ination or settle&ent of the clai& sub+ect of the action. (
. 'nwilling co&plaintiff .— . — If the the consent of an" !art" who should be +oined as !laintiff can not be obtained # he &a" be &ade a defen defendan dantt and and the reason reason theref therefor or shall shall be stated in the co&!laint. (1>) SEC. 11. !is"oinde !is"oinderr and non&"oinder non&"oinder of parties.—N parties.—Neith either er &is+oinde &is+oinderr nor non6+oind non6+oinder er of !artie !arties s is round round for dis&is dis&issal sal of an action action.. ;arties &a" be dro!!ed or added b" order of the cour courtt on &otio &otion n of an" an" !art !art" " or on its own own initiati%e at an" stae of the action and on such ter&s as are +ust. n" clai& aainst aainst a &is+oined &is+oined !art !art" " &a" &a" be se%e se%ere red d and and !roc !rocee eede ded d with with
court and the %enue lies therein and (d) (d) 2her 2here e the the clai clai&s &s in all all the the causes of action are !rinci!all" for reco%er" of &one"# the areate a&ount clai&ed shall be the test of +urisdiction. (a) SEC. /. !is"oinder of causes of action.— action .— 3is+oinder of causes of action is not a round for dis&issal dis&issal of an action. action. &is+oined &is+oined cause cause of action action &a"# &a"# on &otion &otion of a !art" !art" or on the initiati%e of the court# be se%ered and !roceeded with se!aratel". (n)
RULE 1
PART!ES TO C!!L ACT!O-S
SECTION 1. #ho may be parties; plaintiff and defend defendant ant .—On . —Onl" l" nat natural ural or +uri +uridi dica call !ersons# or entities authori-ed b" law &a" be !arties in a ci%il action. The ter& 4!laintiff5 &a" refe referr to the the clai clai&i &in n !art !art"# "# the the coun counte ter6 r6 clai&ant# the cross6clai&ant# or the third (fourth etc.)—!art" !laintiff. The ter& 4defendant5 &a" refe referr to the the ori oriin inal al defe defend ndin in !art !art"# "# the the defe defend ndan antt in a coun counte terc rcla lai& i&## the the cros cross6 s6 defen defendan dant# t# or the third third (fourt (fourth# h# etc.) etc.)—!a —!art" rt" defendant. (1a) SEC. . $arties in interest .— .— real !art" in interest is the !art" who stands to be benefited or in+ured b" the +ud&ent in the suit# or the !art" entitl entitled ed to the a%ails a%ails of the suit. suit. 7nless 7nless otherw otherwise ise auth authori ori-ed -ed b" law or these these Rules# Rules# e%er" action &ust be !rosecuted or defended in the na&e of the real !art" in interest. (a). SEC. SEC. '. Represen Representati tatives ves as parties parties.. — 2here the action is allowed to be !rosecuted or defended b" a re!resentati%e re!resentati%e or so&eone actin in a fiduciar" ca!acit"# the beneficiar" shall be includ included ed in the title title of the case and shall shall be dee&ed dee&ed to to be the real real !art" !art" in interes interest. t. re!resentati%e &a" be a trustee of an e$!ress trust# a uardian# an e$ecutor or ad&inistrator# or a !art" authori-ed authori-ed b" law law or these these Rules. n aent actin in his own na&e and for the benefit of an undisclosed !rinci!al &a" sue or be sued without without +oinin the !rinci!al !rinci!al e$ce!t when the cont contra ract ct in%o in%ol% l%es es thin thins s belo belon nin in to the the !rinci!al. ('a) SEC. ,. Spouses as parties.—8usband parties.—8usband and wife wife shall shall sue sue or be sued sued +ointl +ointl"# "# e$ce!t e$ce!t as !ro%ided b" law. (,a) SEC. . !inor or incompetent persons.— persons .— &inor or a !erson !erson alleed to be inco&!etent inco&!etent##
&a" sue or be sued# with the assistance of his father# &other# uardian# or if he has none# a uardian ad litem. litem. (a) SEC. /. $ermissive "oinder of parties.—ll parties.—ll !ersons in who& or aainst who& an" riht to relief in res!ect to or arisin out of the sa&e transaction or series of transactions is alleed to e$is e$ist# t# whet whethe herr +oin +ointl tl"# "# se%e se%era rall ll"# "# or in the the alternati%e# alternati%e# &a" e$ce!t as otherwise !ro%ided in these these Rules# +oin as !laintif !laintiffs fs or be +oined +oined as defe defend ndan ants ts in one one co&! co&!la lain int# t# where here an" an" 9ues 9uesti tion on of law law or fact fact co&& co&&on on to all all such such !laintiffs or to all such defendants &a" arise in the action but the court &a" &ake such orders as &a" &a" be +ust +ust to !re% !re%en entt an" an" !lai !laint ntif ifff or defendan defendantt fro& bein e&barrass e&barrassed ed or !ut to e$!ense in connection with an" !roceedins in which he &a" ha%e no interest. (/) SEC. :. Compu ompuls lsor ory y "oin "oinde derr of indisp indispen ensab sable le partie parties s.—;a .—;art rtie ies s in inte intere rest st without who& no final deter&ination can be had of an action shall be +oined either s !laintiffs or defendants. (:) SEC. <. %ecessary %ecessary party party .— .— necessar necessar" " !art" is one who is not indis!ensable but who ouht to be +oined as a !art" if co&!lete relief is to be accorded as to those alread" !arties# or for a co&!lete deter&ination or settle&ent of the clai& sub+ect of the action. (. 'nwilling co&plaintiff .— . — If the the consent of an" !art" who should be +oined as !laintiff can not be obtained # he &a" be &ade a defen defendan dantt and and the reason reason theref therefor or shall shall be stated in the co&!laint. (1>) SEC. 11. !is"oinde !is"oinderr and non&"oinder non&"oinder of parties.—N parties.—Neith either er &is+oinde &is+oinderr nor non6+oind non6+oinder er of !artie !arties s is round round for dis&is dis&issal sal of an action action.. ;arties &a" be dro!!ed or added b" order of the cour courtt on &otio &otion n of an" an" !art !art" " or on its own own initiati%e at an" stae of the action and on such ter&s as are +ust. n" clai& aainst aainst a &is+oined &is+oined !art !art" " &a" &a" be se%e se%ere red d and and !roc !rocee eede ded d with with
se!aratel". (11a) SEC. SEC. 1. Class Class suit .—2hen .—2hen the sub+ect sub+ect &atter of the contro%ers" is one of the co&&on or ene enera rall inte intere rest st to &an" &an" !ers !erson ons s so nu&erous that it is i&!racticable to +oin all as !arties# a nu&ber of the& which the court finds to be sufficie sufficientl" ntl" nu&erous nu&erous and re!resent re!resentati% ati%e e as to full" !rotect the interests of all concerned &a" sue or defend defend for the the benefit benefit of all. all. n" !art" in interest shall ha%e the riht to inter%ene to !rotect his indi%idual interest. (1a) SEC. 1'. (lternative defendants.—2here defendants.—2here the !laintiff is uncertain aainst who of se%eral !ersons he is entitled to relief# he &a" +oin an" or all of the& as defendants in the alternati%e# althouh a riht to relief aainst one &a" be inconsiste inconsistent nt with a riht of relief relief aainst aainst the other. (1'a) SEC. SEC. 1,. 'n)nown 'n)nown identity identity or name of defendant .—2hene%er the identit" or na&e of a defendant is unknown# he &a" be sued as the unknown owner# heir# de%isee# or b" such other desination as the case &a" re9uire when his identit" or true na&e is disco%ered# the !leadin &ust be a&ended accordinl". (1,) SEC. 1. *nti *ntity ty with withou outt "uri "uridi dica call personality as defendant .—2hen .—2hen two or &ore !ersons not orani-ed as an entit" with +uridical !ersonalit" enter into a transaction# the" &a" be sued sued unde underr the the na&e na&e b" whic which h the" the" are are enerall" or co&&onl" known. In the answer of such defendant the na&es and addresses addresses of the !ersons co&!osin co&!osin said entit" &ust all be re%ealed. (1a) SEC. 1/. +eath of party; duty of counsel . —2hene%er a !art" to a !endin action dies# and the clai& is not there thereb" b" e$tin e$tinuis uishe hed# d# it shall be the dut" of his counsel to infor& the court within thirt" ('>) da"s after such death of the fact thereof thereof## and to i%e i%e the the na&e na&e and and add addres ress of his leal eal re!r re!re esen sentati% ati%e e or re!resent re!resentati% ati%es. es. ?ailure ?ailure of counsel counsel to co&!l" co&!l" with this dut" shall be a round for disci!linar" action. The heirs of the deceased &a" be allowed to be subst substit itute uted d for the the decea deceased sed## witho without ut re9uir re9uirin in the the a!!oin a!!oint&e t&ent nt of an e$ecut e$ecutor or or ad&ini ad&inistr strato atorr and the the court court &a" a!!oin a!!ointt a uardian ad litem for litem for the &inor heirs. The court shall forthwith forthwith order said leal leal re!resentati%e or re!resentati%es to a!!ear and be substituted within a !eriod of thirt" ('>) da"s fro& notice. If no leal re!resentati%e is na&ed b" the counsel for the deceased !art" or if the one so na&ed shall fail to a!!ear within the s!ecified !eriod# the court &a" order the o!!osin !art"# withi ithin n a s!eci !eciffied ied ti&e i&e# to !roc !rocu ure the a!!oint&ent of an e$ecutor or ad&inistrator for
the estate of the deceased and the latter shall i&&edi i&&ediate atel" l" a!!ea a!!earr for and on behal behalff of the the deceased. The court chares in !rocurin such a!!oint&ent# if defra"ed b" the o!!osin !art"# &a" be reco%ered as costs. (1/a# 1:a) SEC. 1:. +eath or separation of a party who is a public officer .—2hen .—2hen a !ublic officer is a !art" in an action in his official ca!acit" and durin its !endenc" dies# resins# or other wise ceas ceases es to hold hold offi office ce## the the acti action on &a" &a" be contin continue ued d and and &aint &aintain ained ed b" or aains aainstt his successor successor if# within within thirt" thirt" ('>) da"s after the successor takes office or such ti&e as &a" be ranted b" the court# it is satisfactoril" shown to the court b" an" !art" that there is a substantial need for continuin or &aintainin it and that the successor ado!ts or continues or threatens to ado!t do!t or cont ontinue inue the act action ion of his !redecessor. *efore a substitution substitution is is &ade# the the !art" or officer to be affected# unless e$!ressl" assentin assentin thereto thereto## shall shall be i%en i%en reasonabl reasonable e notice of the a!!lication therefor and accorded an o!!ortunit" to be heard. (1) SEC. SEC. >. >. (ction on contractual money claims.— claims.—2h 2hen en the the acti action on is for for reco reco%e %er" r" of &one" arisin fro& contract# e$!ress or i&!lied# and the the defen defendan dantt dies dies before before entr" entr" of final final +ud&ent in the court in which the action was !endin at the ti&e of such death# it shall not be dis& dis&is isse sed d but but shal shalll inst instea ead d be allo allowe wed d to cont contin inue ue until until entr" entr" of fina finall +ud +ud&e &ent nt.. fa%orable fa%orable +ud&ent +ud&ent obtained b" the !laintif !laintifff ther therei ein n shal shalll be enfor nforce ced d in the the &ann &anner er es!eci !ecia all" ll" !ro% !ro%iided ded in these hese Rule ules for !ros !rosec ecut utin in clai clai&s &s aai aains nstt the the esta estate te of a deceased !erson. (1a) SEC. 1. Indigent party .— .— !art" &a" be authori-ed to litiate his action# clai& or defense as an indie indient nt if the the court# court# u!on u!on an e parte a!!lic a!!licati ation on and heari hearin# n# is satisf satisfied ied that that the !art" !art" is one one who who has has no &one" &one" or !ro!ert" !ro!ert" suffic sufficien ientt and a%aila a%ailable ble for food# food# shelte shelterr and and basic necessities for hi&self and his fa&il". Such authorit" shall include an e$e&!tion fro& !a"&ent of docket and other lawful fees# and of transcri!ts of stenora!hic notes which the court court &a" order order to be furnished furnished hi&. hi&. The a&ount a&ount of the the docke dockett and and other other lawful lawful fees fees which the indient was e$e&!ted fro& !a"in
shall be a lien on an" +ud&ent rendered in the case fa%orable to the indient# unless the court otherwise !ro%ides. n" ad%erse !art" &a" contest the rant of such authorit" at an" ti&e before +ud&ent is rendered b" the trial court. If the court should deter&ine after hearin that the !art" declared as an indient is in fact a !erson with sufficient inco&e or !ro!ert"# the !ro!er docket and other lawful fees shall be assessed and collected b" the clerk of court. If the !a"&ent is not &ade within the ti&e fi$ed b" the court# e$ecution shall issue or the !a"&ent thereof# without !re+udice to such other sanctions as the court &a" i&!ose. (a). SEC. . %otice to the Solicitor -eneral .— In an" action in%ol%in the %alidit" of an" treat"# law# ordinance# e$ecuti%e order# !residential decree# rules or reulations# the court# in its discretion# &a" re9uire the a!!earance of the Solicitor @eneral who &a" be heard in !erson or throuh a re!resentati%e dul" desinated b" hi&. ('a)
RULE 2
E-UE OF ACT!O-S SECTION 1. enue of real actions.— ctions affectin title to or !ossession of real !ro!ert"# or interest therein# shall be co&&enced and tried in the !ro!er court which has +urisdiction o%er the area wherein the real !ro!ert" in%ol%ed# or a !ortion thereof# is situated. ?orcible entr" and detainer actions shall be co&&enced and tried in the &unici!al trial court of the &unici!alit" or cit" wherein the real !ro!ert" in%ol%ed# or a !ortion thereof# is situated. (1AaB# AaBa) SEC. . enue of personal actions.—ll other actions &a" be co&&enced and tried where the !laintiff or an" of the !rinci!al !laintiffs resides# or where the defendant or an" of the !rinci!al defendants resides# or in the case of a non6resident defendant where he &a" be found# at the election of the !laintiff. (AbBa) SEC. '. enue of actions against nonresidents.—If an" of the defendants does not reside and is not found in the ;hili!!ines# and the action affects the !ersonal status of the !laintiff# or an" !ro!ert" of said defendant located in the ;hili!!ines# the action &a" be co&&enced and tried in the court of the !lace where the !laintiff resides# or where the !ro!ert" or an" !ortion thereof is situated or found. (AcBa)
SEC. ,. #hen Rule not applicable.—This Rule shall not a!!l"— (a) In those cases where a s!ecific rule or law !ro%ides otherwise or (b) 2here the !arties ha%e %alidl" areed in writin before the filin of the action on the e$clusi%e %enue thereof.
RULE 5
U-!FOR3 PROCE.URE !- TR!AL COURTS SECTION 1. 'niform procedure.—The !rocedure in the 3unici!al Trial Courts shall be the sa&e as in the Reional Trial Courts# e$ce!t (a) where a !articular !ro%ision e$!ressl" or i&!liedl" a!!lied onl" to either of said courts# or (b) in ci%il cases o%erned b" the Rule on Su&&ar" !rocedure. (n) SEC. . !eaning of terms.—The ter& 43unici!al Trial Courts5 as used in these Rules shall include 3etro!olitan Trial Courts# 3unici!al Trial Courts in Cities# 3unici!al Trial Courts# and 3unici!al Circuit Trial Courts. (1a)
PROCE.URE !- RE,!O-AL TR!AL COURTS RULE 4
!-.S OF PLEA.!-,S
SECTION 1. $leadings defined .—;leadins are the written state&ents of the res!ecti%e clai&s and defenses of the !arties sub&itted to the court for a!!ro!riate +ud&ent. (1a) SEC. . $leadings allowed .—The clai&s of a !art" are asserted in a co&!laint# counterclai&# cross6clai&# third (fourth# etc.)— !art" co&!laint# or co&!laint6in6inter%ention. The defenses of a !art" are alleed in the answer to the !leadin assertin a clai& aainst hi&. n answer &a" be res!onded to b" a re!l". (n) SEC. '. Complaint .—The co&!laint is the !leadin allein the !laintiffs cause or causes of action. The na&es and residences of the !laintiff and defendant &ust be stated in the co&!laint. ('a) SEC. ,. (nswer .—n answer is a !leadin in which a defendin !art" sets fourth his defenses. (,a)
SEC. . +efenses.—Defenses &a" either be neati%e or affir&ati%e. (a) neati%e defense is the s!ecific denial of the &aterial fact or facts alleed in the !leadin of the clai&ant essential to his cause or causes of action. (b) n affir&ati%e defense is an alleation of a new &atter which# while h"!otheticall" ad&ittin the &aterial alleations in the !leadin of the clai&ant would ne%ertheless !re%ent or bar reco%er" b" hi&. The affir&ati%e defenses include fraud# statute of li&itations# release !a"&ent# illealit"# statute of frauds# esto!!el# for&er reco%er"# dischare in bankru!tc"# and an" other &atter b" wa" of confession and a%oidance. (a) SEC. /. Counterclaim.— counterclai& is an" clai& which a defendin !art" &a" ha%e aainst an o!!osin !art". (/a) SEC. :. Compulsory counterclaim.— co&!ulsor" counterclai& is one which# 1.bein coni-able b" the reular courts of +ustice# . arises out of or is connected with the transaction or occurrence constitutin the sub+ect &atter of the o!!osin !art"s clai& and '. does not re9uire for its ad+udication the !resence of third !arties of who& the court cannot ac9uire +urisdiction. Such a counterclai& &ust be within the +urisdiction of the court both as to the a&ount and the nature thereof# e$ce!t that in an oriinal action before the Reional Trial Court# the counterclai& &a" be considered co&!ulsor" reardless of the a&ount. (n) SEC. <. Cross&claim.— cross6clai& is an" clai& b" one !art" aainst a co6!art" arisin out of the transaction or occurrence that is the sub+ect &atter either of the oriinal action or of a counterclai& therein. Such cross6clai& &a" include a clai& that the !art" aainst who& it is asserted is or &a" be liable to the cross6 clai&ant for all or !art of a clai& asserted in the action aainst the cross6clai&ant. (:) SEC. =. Counterclaims and counter&cross& claims.— counterclai& &a" be asserted aainst an oriinal counter6clai&ant. cross6clai& &a" also be filed aainst an oriinal cross6clai&ant. (n) SEC. 1>. Reply .— re!l" is a !leadin# the office or function of which is to den"# or allee facts in denial or a%oidance of new &atters alleed b" wa" of defense in the answer and thereb" +oin or &ake issue as to such new &atters. If a !art" does not file such re!l"# all the new &atters alleed in the answer are
dee&ed controverte&6 If the !laintiff whishes to inter!ose an" clai&s arisin out of the new &atters so alleed such clai&s shall be set forth in an a&ended or su!!le&ental co&!laint. (11) SEC. 11. Third, /fourth, etc.0— party complaint .— third (fourth# etc.)—!art" co&!laint is a clai& that a defendin !art" &a"# with lea%e of court# file aainst a !erson not a !art" to the action# called the third (fourth# etc.) —!art" defendant# for contribution# inde&nit"# subroation or an" other relief# in res!ect of his o!!onents clai&. (1a) SEC. 1. 1ringing new parties.—2hen the !resence of !arties other than those to the oriinal action is re9uired for the rantin of co&!lete relief in the deter&ination of a counterclai& or cross6clai&# the court shall order the& to be brouht in as defendants# if +urisdiction o%er the& can be obtained. (1,) SEC. 1'. (nswer to third /fourth, etc.02 party complaint.— third (fourth# etc.)—!art" defendant &a" allee in his answer his defenses# counterclai&s or cross6clai&s# includin such defenses that the third (fourth# etc.)—!art" !laintiff &a" ha%e aainst the oriinal !laintiffs clai&. In !ro!er cases# he &a" also assert a counterclai& aainst the oriinal !laintiff in res!ect of the latters clai& aainst the third6!art" !laintiff. (n)
RULE 7
PARTS OF A PLEA.!-, SECTION 1. Caption.—The ca!tion sets forth the na&e of the court# the title of the action# and the docket nu&ber if assined. The title of the action indicates the na&es of the !arties. The" shall all be na&ed in the oriinal co&!laint or !etition but in subse9uent !leadins# it shall be sufficient if the na&e of the first !art" on each side be stated with an a!!ro!riate indication when there are other !arties. Their res!ecti%e !artici!ation in the case shall be indicated. (1a#a) SEC. . The body . —The bod" of the !leadin sets forth its desination# the alleations of the !art"s clai&s or defenses# the relief !ra"ed for# and the date of the !leadin. (a) $aragraphs.—The alleations in the bod" of a !leadin shall be di%ided into !arara!hs so nu&bered as to be readil" identified# each of which shall contain a
state&ent of a sinle set of circu&stances so far as that can be done with con%enience. !arara!h &a" be referred to b" its nu&ber in all succeedin !leadins. (b) 3eadings2#hen two or &ore causes of action are +oined# the state&ent of the first shall be !refaced b" the words 4first cause of action#5 of the second b" 4second cause of action#5 and so on for the others. 2hen one or &ore !arara!hs in the answer are addressed to one of se%eral causes of action in the co&!laint# the" shall be !refaced b" the words 4answer to the first cause of action5 or 4answer to the second cause of action5 and so on and when one or &ore !arara!hs of the answer are addressed to se%eral causes of action# the" shall be !refaced b" words to that effect. (,) (c) Relief.2The !leadin shall s!ecif" the relief souht# but it &a" add a eneral !ra"er for such further or other relief as &a" be dee&ed +ust or e9uitable. (d) +ate.2E%er" !leadin shall be dated. SEC. '. Signature and address.2E%er" !leadin &ust be sined b" the !art" or counsel re!resentin hi&# statin in either case his address which should not be a !ost office bo$. The sinature of counsel constitutes a certificate b" hi& that he has r ead the !leadin that to the best of his knowlede# infor&ation# and belief there is ood round to su!!ort it and that it is not inter!osed for dela". n unsined !leadin !roduces no leal effect. 8owe%er# the court &a"# in its discretion# allow such deficienc" to be re&edied if it shall a!!ear that the sa&e was due to &ere inad%ertence and not intended for dela". Counsel who deliberatel" files an unsined !leadin# or sins a !leadin in %iolation of this Rule# or allees scandalous or indecent &atter therein# or fails to !ro&!tl" re!ort to the court a chane of his address# shall be sub+ect to a!!ro!riate disci!linar" action. (a) SEC. ,. erification.2E$ce!t when otherwise s!ecificall" re9uired b" law or rule# !leadins need not be under oath# %erified or acco&!anied b" affida%it. !leadin is %erified b" an affida%it that the affiant has read the !leadin and that the alleations therein are true and correct of his !ersonal knowlede or based on authentic records. !leadin re9uired to be %erified which contains a %erification based on 4infor&ation and belief#5 or u!on 4knowlede# infor&ation and belief#5 or lacks a !ro!er %erification# shall be treated as an unsi'ne& plea&in'6 SEC.
.
Certification
against
forum
shopping. —The !laintiff or !rinci!al !art" shall certif" under oath in the co&!laint or other initiator" !leadin assertin a clai& for relief# or in a sworn certification anne$ed thereto and si&ultaneousl" filed therewith0 (a) that he has not theretofore co&&enced an" action or filed an" clai& in%ol%in the sa&e issues in an" court# tribunal or 9uasi6+udicial aenc" and# to the best of his knowlede# no such other action or clai& is !endin therein (b) if there is such other !endin action or clai&# a co&!lete state&ent of the !resent status thereof and (c) if he should thereafter learn that the sa&e or si&ilar action or clai& has been filed or is !endin# he shall re!ort that fact within fi%e () da"s therefro& to the court wherein his aforesaid co&!laint or initiator" !leadin has been filed. ?ailure to co&!l" with the foreoin re9uire&ents shall not be curable b" &ere a&end&ent of the co&!laint or other initiator" !leadin but shall be cause for the dis&issal of the case without !re+udice# unless otherwise !ro%ided# u!on &otion and after hearin. The sub&ission# of a false certification or non6 co&!liance with an" of the undertakins therein shall constitute indirect conte&!t of court# without !re+udice to the corres!ondin ad&inistrati%e and cri&inal actions. If the acts of the !art" or his counsel clearl" constitute willful and deliberate foru& sho!!in# the sa&e shall be round for su&&ar" dis&issal with !re+udice and shall constitute direct conte&!t# as well as a cause for ad&inistrati%e sanctions.
RULE 8
3A--ER OF 3A!-, ALLE,AT!O-S !PLEA.!-,S SECTION 1. In general .—E%er" !leadin shall contain in a ðodical and loical for&# a !lain# concise and direct state&ent of the ulti&ate facts on which the !art" !leadin relies for his clai& or defense# as the case &a" be# o&ittin the state&ent of &ere e%identiar" facts. If a defense relief on is based on law# the !ertinent !ro%isions thereof and their a!!licabilit" to hi& shall be clearl" and concisel" stated. SEC. . (lternative causes of action or defenses.2 !art" &a" set forth two or &ore state&ents of a clai& or defense alternati%el" or h"!otheticall"# either in one cause of action or defense or in se!arate causes of action or defenses. 2hen two or &ore state&ents are &ade in the alternati%e and one of the& if &ade inde!endentl" would be sufficient# the !leadin
is not &ade insufficient b" the insufficienc" of one or &ore of the alternati%e state&ents. SEC. '. Conditions precedent.2In an" !leadin a eneral a%er&ent of the !erfor&ance or occurrence of all conditions !recedent shall be sufficient. SEC. ,. Capacity.2?acts showin the ca!acit" of a !art" to sue or be sued or the authorit" of a !art" to sue or be sued in a re!resentati%e ca!acit" or the leal e$istence of an orani-ed association of !ersons that is &ade a !art"# &ust be a%erred. !art" desirin to raise an issue as to the leal e$istence of an" !art" or the ca!acit" of an" !art" to sue or be sued in a re!resentati%e ca!acit"# shall do so b" s!ecific denial# which shall include such su!!ortin !articulars as are !eculiarl" within the !leaders knowlede. SEC. . 4raud, mista)e, condition of the mind.2In all a%er&ents of fraud or &istake# the circu&stances constitutin fraud or &istake &ust be stated with !articularit". 3alice# intent# knowlede or other condition of the &ind of a !erson &a" be a%erred enerall". SEC. /. udgment.2In !leadin a +ud&ent or decision of a do&estic or forein court# +udicial or 9uasi6+udicial tribunal# or of a board or officer# it is sufficient to a%er the +ud&ent or decision without settin forth &atter showin +urisdiction to render it. SEC. :. (ction or defense based on document.22hene%er an action or defense is based u!on a written instru&ent or docu&ent# the substance of such instru&ent or docu&ent shall be set forth in the !leadin# and the oriinal or a co!" thereof shall be attached to the !leadin as an e$hibit# which shall be dee&ed to be a !art of the !leadin# or said co!" &a" with like effect be set forth in the !leadin. SEC. <. 3ow to contest such documents.2 2hen an action or defense is founded u!on a written instru&ent# co!ied in or attached to the corres!ondin !leadin as !ro%ided in the !recedin section# the enuineness and due e$ecution of the instru&ent shall be dee&ed ad&itted unless the ad%erse !art"# under oath# s!ecificall" denies the&# and sets forth what he clai&s to be the facts but the re9uire&ent of an oath does not a!!l" when the ad%erse !art" does not a!!ear to be a !art" to the instru&ent or when co&!liance with an order for an ins!ection of the oriinal instru&ent is refused. SEC. =. Official document or act.—In !leadin an official docu&ent or official act# it is sufficient to a%er that the docu&ent was issued or the act done in co&!liance with law. SEC. 1>. Specific denial.2 defendant &ust s!ecif" each &aterial alleation of fact the truth of which he does not ad&it and# whene%er
!racticable# shall set forth the substance of the &atters u!on which he relies to su!!ort his denial. 2here a defendant desires to den" onl" a !art of an a%er&ent# he shill s!ecif" so &uch of it as is true and &aterial and shall den" onl" the re&ainder. 2here a defendant is without knowlede or infor&ation sufficient to for& a belief as to the truth of a &aterial a%er&ent &ade in the co&!laint# he shall so state# and this shall ha%e the effect of a denial. SEC. 11. (llegations not specifically denied deemed admitted.23aterial a%er&ent in the co&!laint# other than those as to the a&ount of unli9uidated da&aes# shall be .dee&ed ad&itted when not s!ecificall" denied. lleations of usur" in a co&!laint to reco%er usurious interest are dee&ed ad&itted if not denied under oath. (1a# R=) SEC. 1. Stri)ing out of pleading or matter contained therein.27!on &otion &ade b" a !art" before res!ondin to a !leadin or# if no res!onsi%e !leadin is !er&itted by these Rules# u!on &otion &ade b" a !art" within twent" (>) da"s after the ser%ice of the !leadin u!on hi&# or u!on the courts own initiati%e at an" ti&e# the court &a" order an" !leadin to be stricken out or that an" sha& or false# redundant# i&&aterial# i&!ertinent# or scandalous &atter be stricken out therefro&. (# R=)
RULE 9
EFFECT OF FA!LURE TO PLEA. SECTION 1. +efenses and ob"ections not !leaded.—Defenses and ob+ections not !leaded either in a &otion to dis&iss or in the answer are dee&ed wai%ed. 8owe%er# when it a!!ears fro& the !leadins or the e%idence on record that the court has no +urisdiction o%er the sub+ect &atter# that there is another action !endin between the sa&e !arties for the sa&e cause# or that the action is barred b" a !rior +ud&ent or b" statute of li&itations# the court shall dis&iss the clai&. (a) SEC. . Compulsory counterclaim, or cross&claim, not set up barred.2 co&!ulsor" counterclai&# or a cross6clai&# not set u! shall be barred. (,a) SEC. '. +efault; declaration of.2If the defendin !art" fails to answer within the ti&e allowed therefor# the court shall# u!on &otion of the clai&in !art" with notice to the defendin !art"# and !roof of such failure# declare the defendin !art" in default. Thereu!on# the court shall !roceed to render +ud&ent rantin the clai&ant such relief as his !leadin &a" warrant# unless the court in its discretion
re9uires the clai&ant to sub&it e%idence. Such rece!tion of e%idence &a" be deleated to the clerk of court. (1a# R1<) (a) *ffect of order of default.2 !art" in default shall be entitled to notice of subse9uent !roceedins but not to take !art in the trial. (a# R1<) (b) Relief from order of default.2 !art" declared in default &a" at an" ti&e after notice thereof and before +ud&ent file a &otion under oath to set aside the order of default u!on !ro!er showin that his failure to answer was due to fraud# accident# &istake or e$cusable nelience and that he has a &eritorious defense. In such case# the order of default &a" be set aside on such ter&s and conditions as the +ude &a" i&!ose in the interest of +ustice. ('a# R1<) (c) *ffect of partial default.22hen a !leadin assertin a clai& states a co&&on cause of action aainst se%eral defendin !arties# so&e of who& answer and the others fail to do so# the court shall tr" the case aainst all u!on the answers thus filed and render +ud&ent u!on the e%idence !resented. (,a# R1<) (d) *tent of relief to be awarded.2 +ud&ent rendered aainst a !art" in default shall not e$ceed the a&ount or be different in kind fro& that !ra"ed for nor award unli9uidated da&aes. (a# R1<) (e) #here no defaults allowed.2If the defendin !art" in an action for annul&ent or declaration of nullit" of &arriae or for leal se!aration fails to answer# the court shall order the !rosecutin attorne" to in%estiate whether or not a collusion between the !arties e$ists# and if there is no collusion# to inter%ene for the State in order to see to it that the e%idence sub&itted is not fabricated. (/a# R1<)
RULE +:
A3E-.E. A-. SUPPLE3E-TAL PLEA.!-,S SECTION 1. (mendments in general .— ;leadins &a" be a&ended b" addin or strikin out an alleation or the na&e of an" !art"# or b" correctin a &istake in the na&e of a !art" or a &istaken or inade9uate alleation or descri!tion in an" other res!ect# so that the actual &erits of the contro%ers" &a" s!eedil" be deter&ined# without reard to technicalities# and in the &ost e$!editious and ine$!ensi%e &anner. (1) SEC. . (mendments as a matter of riht.
— !art" &a" a&end his !leadin once as a &atter of riht at an" ti&e before a res!onsi%e !leadin is ser%ed or# in the case of a re!l"# at an" ti&e within ten (1>) da"s after it is ser%ed. (a) SEC. '. (mendments by leave of court .— E$ce!t as !ro%ided in the ne$t !recedin section# substantial a&end&ents &a" be &ade onl" u!on lea%e of court. *ut such lea%e &a" be refused if it a!!ears to the court that the &otion was &ade with intent to dela". Orders of the court u!on the &atters !ro%ided in this section shall be &ade u!on &otion filed in court# and after notice to the ad%erse !art"# and an o!!ortunit" to be heard. ('a) SEC. ,. 4ormal amendments.2 defect in the desination of the !arties and other clearl" clerical or t"!ora!hical errors &a" be su&&aril" corrected b" the court at an" stae of the action# at its initiati%e or on &otion# !ro%ided so !re+udice is caused thereb" to the ad%erse !art". (,a) SEC. . (mendment to conform to or authori5e presentation of evidence.—2hen issues not raised b" the !leadins are tried with the e$!ress or i&!lied consent of the !arties# the" shall be treated in all res!ects as if the" had been raised in the !leadins. Such a&end&ent of the !leadins as &a" be necessar" to cause the& to confor& to the e%idence and to raise these issues &a" be &ade u!on &otion of an" !art" at an" ti&e# e%en after +ud&ent but failure to a&end does not affect the result of the trial of these issues. If e%idence is ob+ected to at the trial on the round that it is not within the issues &ade b" the !leadins# the court &a" allow the !leadins to be a&ended and shall do so with liberalit" if the !resentation of the &erits of the action and the ends of substantial +ustice will be subser%ed thereb". The court &a" rant a continuance to enable the a&end&ent to be &ade. (a) SEC. /. Supplemental pleadings. 2 7!on &otion of a !art" the court &a"# u!on reasonable notice and u!on such ter&s as are +ust# !er&it hi& to ser%e a su!!le&ental !leadin settin forth transactions# occurrences or e%ents which ha%e ha!!ened since the date of the !leadin souht to be su!!le&ented. The ad%erse !art" &a" !lead thereto within ten (1>) da"s fro& notice of the order ad&ittin the su!!le&ental !leadin. (/a) SEC. :. 4iling of amended pleadings.2 2hen an" !leadin is a&ended# a new co!" of the entire !leadin# incor!oratin the a&end&ents# which shall be indicated b" a!!ro!riate &arks# shall be filed. (:a) SEC. <. *ffect of amended pleadings.2 n a&ended !leadin su!ersedes the !leadin that it a&ends. 8owe%er# ad&issions in su!erseded !leadins &a" be recei%ed in e%idence aainst the !leader and clai&s or defenses alleed
therein not incor!orated in the !leadin shall be dee&ed wai%ed. (n)
a&ended
RULE ++
;) da"s after recei!t of su&&ons b" such entit". (a) SEC. '. (nswer to amended complaint.2 2here the !laintiff files an a&ended co&!laint as a &atter of riht# the defendant shall answer the sa&e within fifteen (1) da"s after bein ser%ed with a co!" thereof. 2here its filin is not a &atter of riht# the defendant shall answer the a&ended co&!laint within ten (1>) da"s fro& notice of the Order ad&ittin the sa&e. n answer earlier filed &a" ser%e as the answer to the a&ended co&!laint# if no new answer is filed. This Rule shall a!!l" to the answer to an a&ended counterclai& a&ended cross6clai&# a&ended third (fourth# etc.)— !art" co&!laint# and a&ended co&!laint6in6inter%ention. ('a) SEC. ,. (nswer to counterclaim or cross& claim.2 counterclai& or cross6clai& &ust be answered within ten (1>) da"s fro& ser%ice. (,) SEC. . (nswer to third /fourth, etc.02 party complaint.2. The ti&e to answer a third (fourth# etc.)—!art" co&!laint shall be o%erned b" the sa&e rule as the answer to the co&!laint. (a) SEC. /. Reply.2 re!l" &a" be filed within ten (1>) da"s fro& ser%ice of the !leadin res!onded to. (/) SEC. :. (nswer to supplemental complaint. 2 su!!le&ental co&!laint &a" be answered within ten (1>) da"s fro& notice of the order ad&ittin the sa&e# unless a different !eriod is fi$ed b" the court. The answer to the co&!laint shall ser%e as the answer to the su!!le&ental co&!laint if no new or su!!le&ental answer is filed. (a) SEC. <. *isting counterclaim or cross6
clai&.66 co&!ulsor"# counterclai& or a cross6 clai& that a defendin !art" has at the ti&e he files his answer shall be contained therein. (. Omitted counterclaim or cross& claim.22hen a !leader fails to set u! a counterclai& or a cross6clai& throuh o%ersiht# inad%ertence# or e$cusable nelect# or when +ustice re9uires# he &a"# b" lea%e of court# set u! the counterclai& or cross6clai& b" a&end&ent before +ud&ent. ('a# R=) SEC. 11. *tension of time to plead .2 7!on &otion and on such ter&s as &a" be +ust# the court &a" e$tend the ti&e to !lead !ro%ided in these Rules. The court &a" also# u!on like ter&s# allow an answer or other !leadin to be filed after the ti&e fi$ed b" these Rules. (:)
RULE +0
!LL OF PART!CULARS SECTION 16 #hen applied for; purpose.— *efore res!ondin to a !leadin# a !art" &a" &o%e for a definite state&ent or for a bill of !articulars of an" &atter which is not a%erred with sufficient definiteness or !articularit" to enable hi& !ro!erl" to !re!are his res!onsi%e !leadin. If the !leadin is a re!l"# the &otion &ust be filed within ten (1>) da"s fro& ser%ice thereof. Such &otion shall !oint out the defects co&!lained of# the !arara!hs wherein the" are contained# and the details desired. (1a) SEC. . (ction by the court.—7!on the filin of the &otion# the clerk of court &ust i&&ediatel" brin it to the attention of the court which &a" either den" or rant it outriht# or allow the !arties the o!!ortunit" to be heard. (n) SEC. '. Compliance with order.2If the &otion is ranted# either in whole or in !art# the co&!liance therewith &ust be effected within ten (1>) da"s fro& notice of the order# unless a different !eriod is fi$ed b" the court. The bill of !articulars or a &ore definite state&ent ordered b" the court &a" be filed either in a se!arate or in an a&ended !leadin# ser%in a co!" thereof on the ad%erse !art". (n)
SEC. ,. *ffect of non&compliance.2If the order is not obe"ed# or in case of insufficient co&!liance therewith# the court &a" order the strikin out of the !leadin or the !ortions thereof to which the order was directed or &ake such other order as it dee&s +ust. (1AcBa) SEC. . Stay of period to file responsive pleading2fter ser%ice of the bill of !articulars or of a &ore definite !leadin# or after notice of denial of his &otion# the &o%in !art" &a" file his res!onsi%e !leadin within the !eriod to which he was entitled at the ti&e of filin his &otion# which shall not be less than fi%e () da"s in an" e%ent. (1AbBa) SEC /. 1ill a part of pleading.2 bill of !articulars beco&es !art of the !leadin for which it is intended. (1AaBa)
RULE +1
F!L!-, A-. SER!CE OF PLEA.!-,S" =U.,3E-TS A-. OT
SEC. ,. $apers re6uired to be filed and ser%ed.— E%er" +ud&ent# resolution# order# !leadin subse9uent to the co&!laint# written &otion# notice# a!!earance# de&and# offer of +ud&ent or si&ilar !a!ers shall be filed with the court# and ser%ed u!on the !arties affected. (a) SEC. . !odes of ser%ice.—Ser%ice of !leadins# &otions# notices# orders# +ud&ents and other !a!ers shall be &ade either !ersonall" or b" &ail. ('a) SEC. /. $ersonal service.2Ser%ice of the !a!ers &a" be &ade b" deli%erin !ersonall" a co!" to the !art" or his counsel# or b" lea%in it in his office with his clerk or with a !erson ha%in chare thereof. If no !erson is found in his office# or his office is not known# or he has no office# then b" lea%in the co!"# between the hours of eiht in the &ornin and si$ in the e%enin# at the !art"s or counsels residence# if known# with a !erson of sufficient ae and discretion then residin therein. (,a) SEC. :. Service by mail .—Ser%ice b" reistered &ail shall be &ade b" de!ositin the co!" in the office# in a sealed en%elo!e# !lainl" addressed to the !art" or his counsel at his office# if known# otherwise at his residence# if known# with !ostae full" !re!aid# and with instructions to the !ost&aster to return the &ail to the sender after ten (1>) da"s if undeli%ered. If no reistr" ser%ice is a%ailable in the localit" of either the sender or the addressee# ser%ice &a" be done b" ordinar" &ail. (a) SEC. <. Substituted service.—If ser%ice of !leadins# &otions# notices# resolutions# orders and other !a!ers cannot be &ade under the two !recedin sections# the office and !lace of residence of the !art" or his counsel bein unknown# ser%ice &a" be &ade b" deli%erin the co!" to the clerk of court# with !roof of failure of both !ersonal ser%ice and ser%ice b" &ail. The ser%ice is co&!lete at the ti&e of such deli%er". SEC. =. Service of "udgments, final orders, or resolutions.2ud&ents# final orders or resolutions shall be ser%ed either !ersonall" or b" reistered &ail. 2hen a !art" su&&oned b" !ublication has failed to a!!ear in the action# +ud&ents# final orders or resolutions aainst hi& shall be ser%ed u!on hi& also b" !ublication at the e$!ense of the !re%ailin !art". SEC. 1>. Completeness of ser%ice.— ;ersonal ser%ice is co&!lete u!on actual deli%er". Ser%ice b" ordinar" &ail is co&!lete u!on the e$!iration of ten (1>) da"s after &ailin# unless the court otherwise !ro%ides. Ser%ice b" reistered &ail is co&!lete u!on actual recei!t b" the addressee# or after fi%e () da"s fro& the date he recei%ed the first notice of the !ost&aster# whiche%er date is earlier. SEC. 11. $riorities in modes of service and
filin —2hene%er !racticable# the ser%ice and filin of !leadins and other !a!ers shall be done !ersonall". E$ce!t with res!ect to !a!ers e&anatin fro& the court# a resort to other &odes &ust be acco&!anied b" a written e$!lanation wh" the ser%ice or filin was not done !ersonall". %iolation of this Rule &a" be cause to consider the !a!er as not filed. SEC. 1. $roof of filing. 2The filin of a !leadin or !a!er shall be !ro%ed b" its e$istence in the record of the case. if it is not in the record# but is clai&ed to ha%e been filed !ersonall"# the filin shall be !ro%ed b" the written or sta&!ed acknowled&ent of its filin b" the clerk of court on a co!" of the sa&e if filed b" reistered &ail# b" the reistr" recei!t and b" the affida%it of the !erson who did the &ailin# containin a full state&ent of the date and !lace of de!ositin the &ail in the !ost office in a sealed en%elo!e addressed to the court# with !ostae full" !re!aid# and with instructions to the !ost&aster to return the &ail to the sender after ten (1>) da"s if not deli%ered. SEC. 1'. $roof of service.2;roof of !ersonal ser%ice shall consist of a written ad&ission of the !art" ser%ed# or the official return of the ser%er# or the affida%it of the !art" ser%in# containin a full state&ent of the date# !lace and &anner of ser%ice. If the ser%ice is b" ordinar" &ail# !roof thereof shall consist of an affida%it of the !erson &ailin of facts showin co&!liance with section : of this Rule. If ser%ice is &ade b" reistered &ail# !roof shall be &ade b" such affida%it and the reistr" recei!t issued b" the &ailin office. The reistr" return card shall be filed i&&ediatel" u!on its recei!t b" the sender# or in lieu thereof of the unclai&ed letter toether with the certified or sworn co!" of the notice i%en b" the !ost&aster to the addressee. SEC. 1,. %otice of lis pendens.2In an action affectin the title or the riht of !ossession of real !ro!ert"# the !laintiff and the defendant# when affir&ati%e relief is clai&ed in his answer# &a" record in the office of the reistr" of deeds of the !ro%ince in which the !ro!ert" is situated a notice of the !endenc" of the action. Said notice shall contain the na&es of the !arties and the ob+ect of the action or defense# and a descri!tion of the !ro!ert" in that !ro%ince affected thereb". Onl" fro& the ti&e of filin such notice for record shall a !urchaser# or encu&brancer of the !ro!ert" affected thereb"# be dee&ed to ha%e constructi%e notice of the !endenc" of the action# and onl" of its !endenc" aainst the !arties desinated b" their real na&es. The notice of lis pendens hereinabo%e &entioned &a" be cancelled onl" u!on order of the court# after !ro!er showin that the notice is for the !ur!ose of &olestin the ad%erse !art"# or that it is not necessar" to !rotect the rihts of
the !art" who caused it to be recorded.
RULE +2
SU33O-S SECTION 16 Cler) to issue summons.2 7!on the filin of the co&!laint and the !a"&ent of the re9uisite leal fees# the clerk of court shall forthwith issue the corres!ondin su&&ons to the defendants. SEC6 . Contents.2The su&&ons shall be directed to the defendant# sined b" the clerk of court under seal# and contain0 (a) the na&e of the court and the na&es of the !arties to the action (b) a direction that the defendant answer within the ti&e fi$ed b" these Rules (c) a notice that unless the defendant so answers# !laintiff will take +ud&ent b" default and &a" be ranted the relief a!!lied for. co!" of the co&!laint and order for a!!oint&ent of uardian ad litem, if an"# shall be attached to the oriinal and each co!" of the su&&ons. SEC. '. 1y whom served .—The su&&ons &a" be ser%ed b" the sheriff# his de!ut"# or other !ro!er court officer# or for +ustifiable reasons b" an" suitable !erson authori-ed b" the court issuin the su&&ons. SEC. ,. Return.—2hen the ser%ice has been co&!leted# the ser%er shall# within fi%e () da"s therefro&# ser%e a co!" of the return# !ersonall" or b" reistered &ail# to the !laintiffs counsel# and shall return the su&&ons to the clerk who issued it# acco&!anied b" !roof of ser%ice. (/a) SEC. . Issuance of alias summons.2 If a su&&ons is returned without bein ser%ed on an" or all of the defendants# the ser%er shall also ser%e a co!" of the return on the !laintiffs counsel# statin the reasons for the failure of ser%ice# within fi%e () da"s therefro&. In such a case# or if the su&&ons has been lost# the clerk# on de&and of the !laintiff# &a" issue an alias su&&ons. SEC. /. Service in person on defendant. 2 2hene%er !racticable# the su&&ons shall be ser%ed handin a co!" thereof to the defendant in !erson# or# if he refuses to recei%e and sin for it# b" tenderin it to hi&. SEC. :. Substituted service.2 If , for +ustifiable causes# the defendant cannot be ser%ed within a reasonable ti&e as !ro%ided in the !recedin section# ser%ice &a" be effected (a) b" lea%in co!ies of the su&&ons at the defendants residence with so&e !erson of
suitable ae and discretion then residin therein# or (b) b" lea%in the co!ies at defendants office or reular !lace of business with so&e co&!etent !erson in chare thereof. SEC <. Service upon entity without "uridical personality.2 2hen !ersons associated in an entit" without +uridical !ersonalit" are sued under the na&e b" which the" are enerall" or co&&onl" known# ser%ice &a" be effected u!on all the defendants b" ser%in u!on an" one of the&# or u!on the !erson in chare of the office or !lace of business &aintained in such na&e. *ut such ser%ice shall not bind indi%iduall" an" !erson whose connection with the entit" has# u!on due notice# been se%ered before the action was brouht. SEC. =. Service upon prisoners.22hen the defendant is a !risoner confined in a +ail or institution# ser%ice shall be effected u!on hi& b" the officer ha%in the &anae&ent of such +ail or institution who is dee&ed de!uti-ed as a s!ecial sheriff for said !ur!ose. SEC. 1>. Service upon minors and incompetents 2 2hen the defendant is a &inor# insane or otherwise an inco&!etent# ser%ice shall be &ade u!on hi& !ersonall" and on his leal uardian if he has one# or if none# u!on his uardian ad litem whose a!!oint&ent shall be a!!lied for b" the !laintiff. In the case of a &inor# ser%ice &a" also be &ade on his father or &other. SEC. 11. Service upon domestic private "uridical entity.22hen the defendant is a cor!oration# !artnershi! or association orani-ed under the laws of the ;hili!!ines with a +uridical !ersonalit"# ser%ice &a" be &ade on the !resident# &anain !artner# eneral &anaer# cor!orate secretar"# treasurer# or in6house counsel. SEC. 1. Service upon foreign private "uridical entity.22hen the defendant is a forein !ri%ate +uridical entit" which has transacted business in the ;hili!!ines# ser%ice &a" be &ade on its resident aent desinated in accordance with law for that !ur!ose# or# if there be no such aent# on the o%ern&ent official desinated b" law to that effect# or on an" of its officers or aents within the ;hili!!ines. SEC. 1'. Service upon public corporations. —2hen the defendant is the Re!ublic of the ;hili!!ines# ser%ice &a" be effected on the Solicitor @eneral in case of a !ro%ince# cit" or &unici!alit"# or like !ublic cor!orations# ser%ice &a" be effected on its e$ecuti%e head# or on such other officer or officers as the law or the court &a" direct. SEC. 1,. Service upon defendant whose identity or whereabouts are un)nown.2In an" action where the defendant is desinated as an unknown owner# or the like# or whene%er his
whereabouts are unknown and cannot be ascertained b" dilient in9uir"# ser%ice &a"# b" lea%e of court# be effected u!on hi& b" !ublication in a news!a!er of eneral circulation and in such !laces and for such ti&e as the court &a" order. SEC. 1. *traterritorial service.22hen the defendant does not reside and is not found in the ;hili!!ines# and the action affects the !ersonal status of the !laintiff or relates to# or the sub+ect of which is# !ro!ert" within the ;hili!!ines# in which the defendant has or clai&s a lien or interest# actual or continent or in which the relief de&anded consists# wholl" or in !art# in e$cludin the defendant fro& an" interest therein# or the !ro!ert" of the defendant has been attached within the ;hili!!ines# ser%ice &a"# b" lea%e of court# be effected out of the ;hili!!ines b" !ersonal ser%ice as under section / or b" !ublication in a news!a!er of eneral circulation in such !laces and for such ti&e as the court &a" order# in which case a co!" of the su&&ons and order of the court shall be sent b" reistered &ail to the last known address of the defendant# or in an" other &anner the court &a" dee& sufficient. n" order rantin such lea%e shall s!ecif" a reasonable ti&e# which shall not be less than si$t" (/>) da"s after notice# within which the defendant &ust answer. SEC. 1/. Residents temporarily out of the $hilippines.22hen an" action is co&&enced aainst a defendant who ordinaril" resides within the ;hili!!ines# but who is te&!oraril" out of it# ser%ice &a"# b" lea%e of court# be also effected out of the ;hili!!ines# as under the !recedin section. SEC. 1:. 7eave of court.2n" a!!lication to the court under this Rule for lea%e to effect ser%ice in an" &anner for which lea%e of court is necessar" shall be &ade b" &otion in writin# su!!orted b" affida%it of the !laintiff or so&e !erson on his behalf settin forth the rounds for the a!!lication. SEC. 1<. $roof of service.2The !roof of ser%ice of a su&&ons shall be &ade in writin b" the ser%er and shall set forth the &anner# !lace# and date of ser%ice shall s!ecif" an" !a!ers which ha%e been ser%ed with the !rocess and the na&e of the !erson who recei%ed the sa&e and shall be sworn to when &ade b" a !erson other than a sheriff or his de!ut". SEC. 1=. $roof of service by publication.2If the ser%ice has been &ade b" !ublication# ser%ice &a" be !ro%ed b" the affida%it of the !rinter# his fore&an or !rinci!al clerk# or of the editor# business or ad%ertisin &anaer# to which affida%it a co!" of the !ublication shall be attached# and b" an affida%it showin the de!osit of a co!" of the su&&ons and order for !ublication in the !ost office# !ostae !re!aid# directed to the defendant b" reistered &ail to
his last known address. SEC. >. oluntary appearance.2The defendants %oluntar" a!!earance in the action shall be e9ui%alent to ser%ice of su&&ons. The inclusion in a &otion to dis&iss of other rounds aside fro& lack of +urisdiction o%er the !erson of the defendant shall not be dee&ed a %oluntar" a!!earance.
a%ailable# and all ob+ections not so included shall be dee&ed wai%ed. SEC. =. !otion for leave.2 &otion for lea%e to file a !leadin or &otion shall be acco&!anied b" the !leadin or &otion souht to be ad&itted. SEC. 1>. 4orm.2The Rules a!!licable to !leadins shall a!!l" to written &otions so far as concerns ca!tion# desination# sinature# and other &atters of for&.
RULE +5 RULE +4 3OT!O-S SECTION 1. !otion defined.2 &otion is an a!!lication for relief other than b" a !leadin. (1a) SEC. . !otions must be in writing.2ll &otions shall be in writin e$ce!t those &ade in o!en court or in the course of a hearin or trial. SEC. '. Contents.2 &otion shall state the relief souht to be obtained and the rounds u!on which it is based# and if re9uired b" these Rules or necessar" to !ro%e facts alleed therein# shall be acco&!anied b" su!!ortin affida%its and other !a!ers. SEC. ,. 3earing of motion.—E$ce!t for &otions which the court &a" act u!on without !re+udicin the rihts of the ad%erse !art"# e%er" written &otion shall be set for hearin b" the a!!licant. E%er" written &otion re9uired to be heard and the notice of the hearin thereof shall be ser%ed in such a &anner as to ensure its recei!t b" the other !art" at least three (') da"s before the date of hearin# unless the court for ood cause sets the hearin on shorter notice. SEC. . %otice of hearing.2The notice of hearin shall be addressed to all !arties concerned# and shall s!ecif" the ti&e and date of the hearin which &ust not be later than ten (1>) da"s after the filin of the &otion. SEC. /. $roof of service necessary.2No written &otion set for hearin shall be acted u!on b" the court without !roof of ser%ice thereof. SEC. :. !otion da".—E$ce!t for &otions re9uirin i&&ediate action# all &otions shall be scheduled for hearin on ?rida" afternoons# or if ?rida" is a non6workin da"# in the afternoon of the ne$t workin da". SEC. <. Omnibus motion.2Sub+ect to the !ro%isions of section 1 of Rule =# a &otion attackin a !leadin# order# +ud&ent# or !roceedin shall include all ob+ections then
3OT!O- TO .!S3!SS SECTION 1. -rounds.22ithin the ti&e for but before filin the answer to the co&!laint or !leadin assertin a clai&# a &otion to dis&iss &a" be &ade on an" of the followin rounds0 (a) That the court has no +urisdiction o%er the !erson of the defendin !art" (b) That the court has no +urisdiction o%er the sub+ect &atter of the clai& (c) That %enue is i&!ro!erl" laid (d) That the !laintiff has no leal ca!acit" to sue (e) That there is another action !endin between the sa&e !arties for the sa&e cause (f) That the cause of action is barred b" a !rior +ud&ent or b" the statute of li&itations () That the !leadin assertin the clai& states no cause of action (h) That the clai& or de&and set forth in the !laintiffs !leadin has been !aid# wai%ed# abandoned# or otherwise e$tinuished (i) That the clai& on which the action is founded is unenforceable under the !ro%isions of the statute of frauds and (+) That a condition !recedent for filin the clai& has not been co&!lied with. SEC. . 3earing of motion.2t the hearin of the &otion# the !arties shall sub&it their aru&ents on the 9uestions of law and their e%idence on the 9uestions of fact in%ol%ed e$ce!t those not a%ailable at that ti&e. Should the case o to trial# the e%idence !resented durin the hearin shall auto&aticall" be !art of the e%idence of the !art" !resentin the sa&e. SEC. '. Resolution of motion.2fter the hearin# the court &a" dis&iss the action or clai&# den" the &otion# or order the a&end&ent
of the !leadin. The court shall not defer the resolution of the &otion for the reason that the round relied u!on is not indubitable. In e%er" case# the resolution shall state clearl" and distinctl" the reasons therefor. ('a) SEC. ,. Time to plead.2If the &otion is denied# the &o%ant shall file his answer within the balance of the !eriod !rescribed b" Rule 11 to which he was entitled at the ti&e of ser%in his &otion# but not less than fi%e () da"s in an" e%ent# co&!uted fro& his recei!t of the notice of the denial. If the !leadin is ordered to be a&ended# he shall file his answer within the !eriod !rescribed b" Rule 11 counted fro& ser%ice of the a&ended !leadin# unless the court !ro%ides a loner !eriod. (,a) SEC. . *ffect of dismissal .—Sub+ect to the riht of a!!eal# an order rantin a &otion to dis&iss based on !arara!hs (f)# (h) and (i) of section 1 hereof shall bar the refilin of the sa&e action or clai&. (n) SEC. /. $leading grounds as affirmative defenses.2If no &otion to dis&iss has been filed# an" of the rounds for dis&issal !ro%ided for in this Rule &a" be !leaded as an affir&ati%e defense in the answer and# in the discretion of the court# a !reli&inar" hearin &a" be had thereon as if a &otion to dis&iss had been filed. (a) The dis&issal of the co&!laint under this section shall be without !re+udice to the !rosecution in the sa&e or se!arate action of a counterclai& !leaded in the answer. (n)
dee&s !ro!er. If a counterclai& has been !leaded b" a defendant !rior to the ser%ice u!on hi& of the !laintiffs &otion for dis&issal# the dis&issal shall be li&ited to the co&!laint. The dis&issal shall be without !re+udice to the riht of the defendant to !rosecute his counterclai& in a se!arate action unless within fifteen (1) da"s fro& notice of the &otion he &anifests his !reference to ha%e his counterclai& resol%ed in the sa&e action. 7nless otherwise s!ecified in the order# a dis&issal under this !arara!h shall be without !re+udice. class suit shall not be dis&issed or co&!ro&ised without the a!!ro%al of the court. (a) SEC. '. +ismissal due to fault of plaintiff.2 If , for no +ustifiable cause# the !laintiff fails to a!!ear on the date of the !resentation of his e%idence in chief on the co&!laint# or to !rosecute his action for an unreasonable lenth of ti&e# or to co&!l" with these Rules or an" order of the court# the co&!laint &a" be dis&issed u!on &otion of the defendant or u!on the courts own &otion# without !re+udice to the riht of the defendant to !rosecute his counterclai& in the sa&e or in a se!arate action. This dis&issal shall ha%e the effect of an ad+udication u!on the &erits# unless otherwise declared b" the court. ('a) SEC. ,. +ismissal of counterclaim, cross& claim, or third&party complaint.2The !ro%isions of this Rule shall a!!l". to the dis&issal of an" counterclai&# cross6clai&# or third6!art" co&!laint. %oluntar" dis&issal b" the clai&ant b" notice as in section 1 of this Rule# shall be &ade before a res!onsi%e !leadin or a &otion for su&&ar" +ud&ent is ser%ed or# if there is none# before the introduction of e%idence at the trial or hearin. (,n)
RULE +7 RULE +8
.!S3!SSAL OF ACT!O-S SECTION 1. +ismissal upon notice by !laintiff.— co&!laint &a" be dis&issed b" the !laintiff b" filin a notice of dis&issal at an" ti&e before ser%ice of the answer or of a &otion for su&&ar" +ud&ent. 7!on such notice bein filed# the court shall issue an order confir&in the dis&issal. 7nless otherwise stated in the notice# the dis&issal is without !re+udice# e$ce!t that a notice o!erates as an ad+udication u!on the &erits when filed b" a !laintiff who has once dis&issed in a co&!etent court an action based on or includin the sa&e clai&. (1a) SEC. . +ismissal upon motion of plaintiff. 2*cept as !ro%ided in the !recedin section# a co&!laint shall not be dis&issed at the !laintiffs instance sa%e u!on a!!ro%al of the court and u!on such ter&s and conditions as the court
PRE>TR!AL SECTION 1. #hen conducted .—fter the last !leadin has been ser%ed and filed# it shall be the dut" of the !laintiff to !ro&!tl" &o%e e parte that the case be set for !re6trial. (a# R>) SEC. . %ature and purpose.2The !re6trial is &andator". The court shall consider0 (a) The !ossibilit" of an a&icable settle&ent or of a sub&ission to alternati%e &odes of dis!ute resolution (b) The si&!lification of the issues (c) The necessit" or a&end&ents to the !leadins
desirabilit"
of
(d) The !ossibilit" of obtainin sti!ulations
or ad&issions of facts and of docu&ents to a%oid unnecessar" !roof of
(e) &anifestation of their ha%in a%ailed or then intention to a%ail the&sel%es of disco%er" !rocedures or referral to co&&issioners and
(f) The ad%isabilit" of a !reli&inar" reference of issues to a co&&issioner
(f) The nu&ber and na&es of the witnesses# and the substance of their res!ecti%e testi&onies.
() The !ro!riet" of renderin +ud&ent on the !leadins# or su&&ar" +ud&ent# or of dis&issin the action should a %alid round therefor be found to e$ist
?ailure to file the !re6trial brief shall ha%e the sa&e effect as failure to a!!ear at the !re6 trial. (n)
(e) The witnesses
li&itation
of
the
(h) The ad%isabilit" or sus!endin the !roceedins and
nu&ber
necessit"
of
(i) Such other &atters as &a" aid in the !ro&!t dis!osition of the action. (1a# R>) SEC. '. %otice of pre&trial.2The notice of !re6trial shall be ser%ed on counsel# or on the !art" who has no counsel. The counsel ser%ed with such notice is chared with the dut" of notif"in the !art" re!resented b" hi&. (n) SEC. ,. (ppearance of parties.2It shall be the dut" of the !arties and their counsel to a!!ear at the !re6trial. The non6a!!earance of a !art" &a" be e$cused onl" if a %alid cause is shown therefor or if a re!resentati%e shall a!!ear in his behalf full" authori-ed in writin to enter into an a&icable settle&ent# to sub&it to alternati%e &odes of dis!ute resolution# and to enter into sti!ulations or ad&issions of facts and of docu&ents. (n) SEC. . *ffect of failure to appear.2The failure of the !laintiff to a!!ear when so re9uired !ursuant to the ne$t !recedin section shall be cause for dis&issal of the action. The dis&issal shall be with !re+udice# unless otherwise ordered b" the court. si&ilar failure on the !art of the defendant shall be cause to allow the !laintiff to !resent his e%idence e parte and the court to render +ud&ent on the basis thereof. (a# R>) SEC. /. $re&trial brief.2The !arties shall file with the court and ser%e on the ad%erse !art"# in such &anner as shall ensure their recei!t thereof at least three (') da"s before the date of the !re6trial# their res!ecti%e !re6trial briefs which shall contain# a&on others0 (a) state&ent of their willinness to enter into a&icable settle&ent or alternati%e &odes of dis!ute resolution# indicatin the desired ter&s thereof (b) su&&ar" of ad&itted facts and !ro!osed sti!ulation of facts (c) The issues resol%ed
to
be tried
or
(d) The docu&ents or e$hibits to be !resented# statin the !ur!ose thereof
SEC. :. Recor d of pre&trial.2The !roceedins in the !retrial shall be recorded. 7!on the ter&ination thereof# the court shall issue an order which shall recite in detail the &atters taken u! in the conference the action taken thereon# the a&end&ents allowed to the !leadins# and the aree&ents or ad&issions &ade b" the !arties as to an" of the &atters considered. Should the action !roceed to trial# the order shall e$!licitl" define and li&it the issues to be tried. The contents of the order shall control the subse9uent course of the action# unless &odified before trial to !re%ent &anifest in+ustice. (a# R>)
RULE +9
!-TERE-T!OSECTION 1. #ho may intervene.2 !erson who has a leal interest in the &atter in litiation# or in the success of either of the !arties# or an interest aainst both# or is so situated as to be ad%ersel" affected b" a distribution or other dis!osition of !ro!ert" in the custod" of the court or of an officer thereof &a"# with lea%e of court# be allowed to inter%ene in the action. The court shall consider whether or not the inter%ention will undul" dela" or !re+udice the ad+udication of the rihts of the oriinal !arties# and whether or not the inter%enors rihts &a" be full" !rotected in a se!arate !roceedin. (AaB# AbBa# R1) SEC. . Time to intervene.FThe &otion to inter%ene &a" be filed at an" ti&e before rendition of +ud&ent b" the trial court. co!" of the !leadin6in6inter%ention shall be attached to the &otion and ser%ed on the oriinal !arties. (n) SEC. '. $leadings&in&intervention.FThe inter%enor shall file a co&!laint6in6inter%ention if he asserts a clai& aainst either or all of the oriinal !arties# or an answer6in6inter%ention if he unites with the defendin !art" in resistin a clai& aainst the latter. (AcBa# R1) SEC.
,.
(nswer
to
complaint&in&
intervention.FThe answer to the co&!laint6in6 inter%ention shall be filed within fifteen (1) da"s fro& notice of the order ad&ittin the sa&e# unless a different !eriod is fi$ed b" the court. (AdBa# R1)
!endin within the ;hili!!ines. 2hen a!!lication for a sub!oena to a !risoner is &ade# the +ude or officer shall e$a&ine and stud" carefull" such a!!lication to deter&ine whether the sa&e is &ade for a %alid !ur!ose. No !risoner sentenced to death# reclusion perpetua or life i&!rison&ent and who is confined in an" !enal institution shall be brouht outside the said !enal institution for a!!earance or attendance in an" court unless authori-ed b" the Su!re&e Court. (a# R')
RULE 0:
CALE-.AR OF CASES SECTION 1. Calendar of cases.FThe clerk of court# under the direct su!er%ision of the +ude# shall kee! a calendar of cases for !re6 trial# for trial# those whose trials were ad+ourned or !ost!oned# and those with &otions to set for hearin. ;reference shall be i%en to habeas corpus cases# election cases# s!ecial ci%il actions# and those so re9uired b" law. (1a# R) SEC. . (ssignment of cases.FThe assin&ent of cases to the different branches of court shall be done e$clusi%el" b" raffle. The assin&ent shall be done in o!en session of which ade9uate notice shall be i%en so as to afford interested !arties the o!!ortunit" to be !resent (:a# R)
SUPOE-A SECTION 1. Subpoena and subpoena duces tecum.2 Sub!oena is a !rocess directed to a !erson re9uirin hi& to attend and to testif" at the hearin or the trial of an action# or at an" in%estiation conducted b" co&!etent authorit"# or for the takin of his de!osition. It &a" also re9uire hi& to brin with hi& an" books# docu&ents# or other thins under his control# in which case it is called a sub!oena duces tecum. (1a# R') SEC. . 1y whom issued.2The sub!oena &a" be issued b"— a) the court before who& the witness is re9uired to attend !lace
SEC. ,. 8uashing a subpoena.2The court &a" 9uash a sub!oena duces tecum u!on &otion !ro&!tl" &ade and# in an" e%ent# at or before the ti&e s!ecified therein if it is unreasonable and o!!ressi%e# or the rele%anc" of the books# docu&ents or thins does not a!!ear# or if the !erson in whose behalf the sub!oena is issued fails to ad%ance the reasonable cost of the !roduction thereof. The court &a" 9uash a sub!oena ad testificandum on the round that the witness is not bound thereb". In either case# the sub!oena &a" be 9uashed on the round that the witness fees and kilo&etrae allowed b" these Rules were not tendered when the sub!oena was ser%ed. (,a# R')
RULE 0+
b) the court of the de!osition is to be taken
SEC. '. 4orm and contents.2 sub!oena shall state the na&e of the court and the title of the action or in%estiation# shall be directed to the !erson whose attendance is re9uired# and in the case of a sub!oena duces tecum, it shall also contain a reasonable descri!tion of the books# docu&ents or thins de&anded which &ust a!!ear to the court prima facie rele%ant. ('a# R')
where
the
c) the officer or bod" authori-ed b" law to do so in connection with in%estiations conducted b" said officer or bod" or d) an" ustice of the Su!re&e Court or of the Court of !!eals in an" case or in%estiation
SEC. . Subpoena for depositions.2;roof of ser%ice of a notice to take a de!osition# as !ro%ided in sections 1 and of Rule '# shall constitute sufficient authori-ation for the issuance of sub!oenas for the !ersons na&ed in said notice b" the clerk of the court of the !lace in which the de!osition is to be taken. The clerk shall not# howe%er# issue a sub!oena duces tecum to an" such !erson without an order of the court. (a# R') SEC. /. Service.—Ser%ice of a sub!oena shall be &ade in the sa&e &anner as !ersonal or substituted ser%ice of su&&ons. The oriinal shall be e$hibited and a co!" thereof deli%ered to the !erson on who& it is ser%ed# tenderin to hi& the fees for one da"s attendance and the kilo&etrae allowed b" these Rules# e$ce!t that# when a sub!oena is issued b" or on behalf of the Re!ublic of the ;hili!!ines or an officer or aenc" thereof# the tender need not be &ade. The ser%ice &ust be &ade so as to allow the witness a reasonable ti&e for !re!aration and tra%el of the !lace of attendance. If the sub!oena is duces tecum, the reasonable cost of
!roducin the books# docu&ents or thins de&anded shall also be tendered. (/a# R') SEC. :. $ersonal appearance in court .— !erson !resent in court before a +udicial officer &a" be re9uired to testif" as if he were in attendance u!on a sub!oena issued b" such court or officer. (1># R') SEC. <. Compelling attendance.2In case of failure of a witness to attend# the court or +ude issuin the sub!oena# u!on !roof of the ser%ice thereof and of the failure of the witness# &a" issue a warrant to the sheriff of the !ro%ince# or his de!ut"# to arrest the witness and brin hi& before the court or officer where his attendance is re9uired# and the cost of such warrant and sei-ure of such witness shall be !aid b" the witness if the court issuin it shall deter&ine that his failure to answer the sub!oena was willful and without +ust e$cuse. (11# R') SEC. =. Contempt2?ailure b" an" !erson without ade9uate cause to obe" a sub!oena ser%ed u!on hi& shall dee&ed a conte&!t of the court fro& which the sub!oena is issued. If the sub!oena was not issued b" a court# the disobedience thereto shall be !unished in accordance with the a!!licable law or Rule (1a# R') SEC. 1>. *ceptions.2The !ro%isions of sections < and 9 this Rule shall not a!!l" to a witness who resides &ore than one hundred (1>>) kilo&eters fro& his residence to the !lace where he is to testif" b" the ordinar" course of tra%el# or to a detention !risoner if no !er&ission of the court in which his case is !endin was obtained. (=a# R')
RULE 00
CO3PUTAT!O- OF T!3E SECTION 1. 3ow to compute time.2In co&!utin an" !eriod of ti&e !rescribed or allowed b" these Rules# or b" order the court# or b" an" a!!licable statute# the da" of the act or e%ent fro& which the desinated !eriod of ti&e beins to run is to e$cluded and the date of !erfor&ance included. If the last da" of the !eriod# as thus co&!uted# falls on a Saturda"# a Sunda"# or a leal holida" in the !lace where the court sits# the ti&e shall not run until the ne$t workin da". (n) SEC. . *ffect of interruption.—Should an act be done which effecti%el" interru!ts the runnin of the !eriod# the allowable !eriod after such interru!tion shall start to run on the da" aft notice of the cessation of the cause thereof.
The da" of the act that caused the interru!tio n shall be e$cluded in the co&!utation of the !eriod. (n)
RULE 01
.EPOS!T!O-S PE-.!-, ACT!OSECTION 1. +epositions pending action, when may be ta)en.—*" lea%e of court after +urisdiction has been obtained o%er an" defendant or o%er !ro!ert" which is the sub+ect of the action# without such lea%e after an answer has been ser%ed# the testi&on" of an" !erson# whether a !art" or not# &a" be taken# at the instance of an" !art"# b" de!osition u!on oral e$a&ination or written interroatories. The attendance of witnesses &a" be co&!elled b" the use of a sub!oena as !ro%ided in Rule 1. De!ositions shall be taken onl" in accordance with these Rules. The de!osition of a !erson confined in !rison &a" be taken onl" b" lea%e of court on such ter&s as the court !rescribes. (1a# R,) SEC. . Scope of eamination.—7nless otherwise ordered b" the court as !ro%ided b" section 1/ or 1< of this Rule# the de!onent &a" be e$a&ined reardin an" &atter# not !ri%ileed# which is rele%ant to the sub+ect of the !endin action# whether relatin to the clai& or defense of an" other !art"# includin the e$istence# descri!tion# nature# custod"# condition# and location of an" books# docu&ents# or other tanible thins and the identit" and location of !ersons ha%in knowlede of rele%ant facts. (# R,) SEC. '. *amination and cross& eamination .—E$a&ination and cross6 e$a&ination of de!onents &a" !roceed as !er&itted at the trial under sections ' to 1< of Rule 1'. ('a# R,) SEC. ,. 'se of depositions.2t the trial or u!on the hearin of a &otion or an interlocutor" !roceedin# an" !art or all of a de!osition# so far as ad&issible under the rules of e%idence# &a" be used aainst an" !art" who was !resent or re!resented at the takin of the de!osition or who had due notice thereof# in accordance with an" one of the followin !ro%isions0 (a) n" de!osition &a" be used b" an" !art" for the !ur!ose of contradictin or i&!eachin the testi&on" of de!onent as a witness (b) The de!osition of a !art" or of an" one who at the ti&e of takin the de!osition was an officer# director# or &anain aent of a !ublic or !ri%ate cor!oration# !artnershi!# or
association which is a !art" &a" be used b" an ad%erse !art" for an" !ur!ose (c) The de!osition of a witness# whether or not a !art"# &a" be used b" an" !art" for an" !ur!ose if the court finds0 (1) that the witness is dead or () that the witness resides at a distance &ore than one hundred (1>>) kilo&eters fro& the !lace of trial or hearin# or is out of the ;hili!!ines# unless it a!!ears that his absence was !rocured b" the !art" offerin the de!osition or (') that the witness is unable to attend or testif" because of ae# sickness# infir&it"# or i&!rison&ent or (,) that the !art" offerin the de!osition has been unable to !rocure the attendance of the witness b" sub!oena or () u!on a!!lication and notice# that such e$ce!tional circu&stances e$ist as to &ake it desirable# in the interest of +ustice and with due reard to the i&!ortance of !resentin the testi&on" of witnesses orall" in o!en court# to allow the de!osition to be used and (d) If onl" !art of a de!osition is offered in e%idence b" a !art" the ad%erse !art" &a" re9uire hi& to introduce all of it which is rele%ant to the !art introduced# and an" !art" &a" introduce an" other !arts. (,a# R,) SEC. . *ffect of substitution of !arties.— Substitution of !arties does not affect the riht to use de!ositions !re%iousl" taken and# when an action has been dis&issed and another action in%ol%in the sa&e sub+ect is afterward brouht between the sa&e !arties or their re!resentati%es or successors in interest# all de!ositions lawfull" taken and dul" filed in the for&er action &a" be used in the latter as if oriinall" taken therefor. (# R,) SEC. /. Ob"ections to admissibility.2 Sub+ect to the !ro%isions of section = of this Rule# ob+ection &a" be &ade at the trial or hearin to recei%in in e%idence an" de!osition or !art thereof for an" reason which would re9uire the e$clusion of the e%idence if the witness were then !resent and testif"in. (/# R,) SEC. :. *ffect of ta)ing depositions.2 !art" shall not be dee&ed to &ake a !erson his own witness for an" !ur!ose b" takin his de!osition. (:# R,) SEC. <. *ffect of using depositions.2The introduction in e%idence of the de!osition or an" !art thereof for an" !ur!ose other than that of contradictin or i&!eachin the de!onent &akes the de!onent the witness of the !art" introducin the de!osition# but this shall not a!!l" to the use b" an ad%erse !art" of a de!osition as described in !arara!h (b) of section , of this Rule. (<# R,) SEC. =. Rebutting deposition.2t the trial or hearin# an" !art" &a" rebut an" rele%ant e%idence contained in a de!osition whether introduced by hi& or b" an" other !art". (=#
R,) SEC. 1>. $ersons before whom depositions may be ta)en within the $hilippines.2 2ithin the ;hili!!ines# de!ositions &ust be taken before an" +ude# notar" !ublic# on the !erson referred to in section 1, hereof. (1>a# R,) SEC. 11. $ersons before whom depositions may be ta)en in foreign countries.2 In a forein state or countr"# de!ositions &a" be taken (a) on notice before a secretar" of e&bass" or leation# consul eneral# consul# %ice6consul# or consular aent of the Re!ublic of the ;hili!!ines (b) before such !erson or officer as &a" be a!!ointed b" co&&ission or under letters roator" or (c) the !erson referred to in section 1, hereof. (11a# R,) SEC. 1. Commission or letters rogatory.2 co&&ission or letters roator" shall be issued onl" when necessar" or con%enient# on a!!lication and notice# and on such ter&s and with such direction as are +ust a!!ro!riate. Officers &a" be desinated in notices or co&&issions either b" na&e or descri!ti%e title and letters roator" &a" be addressed to the a!!ro!riate +udicial authorit" in the forein countr". (1n# R,) SEC. 1'. +is6ualification by i nterest.2No de!osition shall be taken before a !erson who is a relati%e within the si$th deree of consanuinit" or affinit"# or e&!lo"ee or counsel of an" of the !arties or who is a relati%e within the sa&e deree# or e&!lo"ee of such counsel or who is financiall" interested in the action. (1'a# R,) SEC. 1,. Stipulations regarding ta)ing of depositions.2If the !arties so sti!ulate in writin# de!ositions &a" be taken before an" !erson authori-ed to ad&inister oaths# at an" ti&e or !lace# in accordance with these Rules# and when so taken &a" be used like other de!ositions. (1,a# R,) SEC. 1. +eposition upon oral eamination; notice; time and !lace.— !art" desirin to take the de!osition of an" !erson u!on oral e$a&ination shall i%e reasonable notice in writin to e%er" other !art" to the action. The notice shall state the ti&e and !lace for takin the de!osition and the na&e and address of each !erson to be e$a&ined# if known# and if the na&e is at known# a eneral descri!tion sufficient to identif" hi& or the !articular class or rou! to which he belons. On &otion of an" !art" u!on who& the notice is ser%ed# the court &a" for cause shown enlare or shorten the ti&e. (1# R,) SEC. 1/. Orders for the protection of parties and deponents.2 fter notice is ser%ed for takin a de!osition b" oral e$a&ination# u!on &otion seasonabl" &ade b" an" !art" or b" the !erson to be e$a&ined and for ood cause shown# the court in which the action is
!endin &a" &ake an order that the de!osition shall not be taken# or that it &a" be taken onl" at so&e desinated !lace other than that stated in the notice# or that it &a" be taken onl" on written interroatories# or that certain &atters shall not be in9uired into# or that the sco!e of the e$a&ination shall be held with no one !resent e$ce!t the !arties to the action and their officers or counsel# or that after bein sealed the de!osition shall b o!ened onl" b" order of the court# or that secret !rocesses de%elo!&ents# or research need not be disclosed# or that the !arties shall si&ultaneousl" filed s!ecified docu&ents or infor&ation enclosed in sealed en%elo!e to be o!ened as directed b" the court or the court &a" &ake an" other order which +ustice re9uires to !rotect the !art" or witness fro& anno"ance# e&barrass&ent# or o!!ression. (1/a# R,) SEC. 1:. Record of eamination; oath; ob"ections.2The officer before who& the de!osition is to be taken shall !ut the witness or oath and shall !ersonall"# or b" so&e one actin under his direction and in his !resence# record the testi&on" of the witness. The testi&on" shall be taken stenora!hicall" unless the !arties aree otherwise. ll ob+ections &ade at the ti&e of the e$a&ination to the 9ualifications of the officer takin the de!osition# or to the &anner of takin it# or to the e%idence !resented# or to the conduct of an" !art"# and an" other ob+ection to the !roceedins# shall be noted b" the officer u!on the de!osition. E%idence ob+ected to shall be taken sub+ect to the ob+ections. In lieu of !artici!atin in the oral e$a&ination# !arties ser%ed with notice of takin a de!osition &a" trans&it written interroatories to the officers# who shall !ro!ound the& to the witness and record the answers verbatim. (1:# R,) SEC. 1<. !otion to terminate or limit eamination.2t an" ti&e durin the takin of the de!osition# on &otion or !etition of an" !art" or of the de!onent and u!on a showin that the e$a&ination is bein conducted in bad faith or in such &anner# as unreasonabl" to anno"# e&barrass# or o!!ress the de!onent or !art"# the court in which the action is !endin or the Reional Trial Court of the !lace where the de!osition is bein taken &a" order the officer conductin the e$a&ination to cease forthwith fro& takin the de!osition# or &a" li&it the sco!e and &anner of the takin of the de!osition# as !ro%ided in section 1/ of this Rule. If the order &ade ter&inates the e$a&ination# it shall be resu&ed thereafter onl" u!on the order of the court in which the action is !endin. 7!on de&and of the ob+ectin !art" or de!onent# the takin of the de!osition shall be sus!ended for the ti&e necessar" to &ake a notice for an order. In rantin or refusin such order# the court &a" i&!ose u!on either !art" or u!on the witness the re9uire&ent to !a" such
costs or e$!enses as the court &a" dee& reasonable. (1. Certification and filing by officer. 2The officer shall certif" on the de!osition that the witness was dul" sworn to b" hi& and that the de!osition is a true record of the testi&on" i%en b" the witness. 8e shall then securel" seal the de!osition in an en%elo!e indorsed with the title of the action and &arked 4De!osition of (here insert the na&e of witness)5 and shall !ro&!tl" file it with the court in which the action is !endin or send it b" reistered &ail to the clerk thereof for filin. (># R,) SEC. 1. %otice of filing.2The officer takin the de!osition shall i%e !ro&!t notice of its filin to all the !arties. (1# R,) SEC. !a"&ent of officer shall an" !art" or
. 4urnishing co!ies.&&7!on reasonable chares therefor# the furnish a co!" of the de!osition to to the de!onent. (# R,)
SEC. '. 4ailure to attend of party giving notice.2If the !art" i%in the notice of the takin of a de!osition fails to attend and !roceed therewith and another attends in !erson or b" counsel !ursuant to the notice# the court &a" order the !art" i%in the notice to !a" such other !art" the a&ount of the reasonable e$!enses incurred b" hi& and his counsel in so attendin includin reasonable attorne"s fees. ('a# R,) SEC. ,. 4ailure of party giving notice to serve subpoena.2 If the !art" i%in the notice of the takin of a de!osition of a witness fails to ser%e a sub!oena u!on hi& and the witness because of such failure does not attend# and if another !art" attends in !erson or b" counsel because he e$!ects the de!osition of that witness to be taken# the court &a" order the
!art" i%in the notice to !a" to such other !art" the a&ount of the reasonable e$!enses incurred b" hi& and his counsel in so attendin includin reasonable attorne"s fees. (,a# R,) SEC. . +eposition upon written interrogatories; service of notice and of interrogatories.2 !art" desirin to take the de!osition of an" !erson u!on written interroatories shall ser%e the& u!on e%er" other !art" with a notice statin the na&e and address of the !erson who is to answer the& and the na&e of descri!ti%e title and address of the officer before who& the de!osition is to be taken. 2ithin ten (1>) da"s thereafter# a !art" so ser%ed &a" ser%e cross6interroatories u!on the !art" !ro!osin to take the de!osition. 2ithin fi%e () da"s thereafter# the latter &a" ser%e re6direct interroatories u!on a !art" who has ser%ed cross6interroatories. 2ithin three (') da"s after bein ser%ed with re6direct interroatories# a !art" &a" ser%e recross6 interroatories u!on the !art" !ro!osin to take the de!osition. (# R,) SEC. /. Officers to ta)e responses and prepare record.2 co!" of the notice and co!ies of all interroatories ser%ed shall be deli%ered b" the !art" takin the de!osition to the officer desinated in the notice# who shall !roceed !ro&!tl"# in the &anner !ro%ided b" sections 1:# 1= and > of this Rule# to take the testi&on" of the witness in res!onse to the interroatories and to !re!are# certif"# and filed or &ail the de!osition# attachin thereto the co!" of the notice and the interroatories recei%ed b" hi&. (/# R,) SEC. :. %otice of filing and furnishing copies.22hen a de!osition u!on interroatories is filed# the officer takin it shall !ro&!tl" i%e notice thereof to all the !arties# and &a" furnish co!ies to the& or to the de!onent u!on !a"&ent of reasonable chares therefor. (:# R,) SEC. <. Orders for the protection of parties and deponents.2fter the ser%ice of the interroatories and !rior to the takin of the testi&on" of the de!onent# the court in which the action is !endin# on &otion !ro&!tl" &ade b" a !art" or a de!onent# and for ood cause shown# &a" &ake an" order s!ecified in sections 1# 1/ and 1< of this Rule which is a!!ro!riate and +ust or an order that the de!osition shall not be taken before the officer desinated in the notice or that it shall not be taken e$ce!t u!on oral e$a&ination. (
(b) (s to dis6ualification of officer. —Ob+ection to takin a de!osition because of dis9ualification of the officer before who& it is to be taken is wai%ed unless &ade before the takin of the de!osition beins or as soon thereafter as the dis9ualification beco&es known or could be disco%ered with reasonable dilience. (c) (s to competency or relevancy of evidence.—Ob+ections to the co&!etenc" of a witness or the co&!etenc"# rele%anc"# or &aterialit" of testi&on" are not wai%ed b" failure to &ake the& before or durin the takin of the de!osition# unless the round of the ob+ection is one which &iht ha%e been ob%iated or re&o%ed if !resented at that ti&e. (d) (s to oral eamination and other particulars.—Errors and irreularities occurrin at the oral e$a&ination in the &anner of takin the de!osition# in the for& of the 9uestions or answers# in the oath or affir&ation# or in the conduct of the !arties and errors of an" kind which &iht be ob%iated# re&o%ed# or cured if !ro&!tl" !rosecuted# are wai%ed unless reasonable ob+ection thereto is &ade at the takin of the de!osition. (e) (s to form of written interrogatories.—Ob+ections to the for& of written interroatories sub&itted under sections and / of this Rule are wai%ed unless ser%ed in writin u!on the !art" !ro!oundin the& within the ti&e allowed for ser%in succeedin cross or other interroatories and within three (') da"s after ser%ice of the last interroatories authori-ed. (f) (s to manner of preparation.—Errors and irreularities in the &anner in which the testi&on" is transcribed or the de!osition is !re!ared# sined# certified# sealed# indorsed# trans&itted# filed# or otherwise dealt with b" the officer under sections 1:# 1=# > and / of this Rule are wai%ed unless a &otion to su!!ress the de!osition or so&e !art thereof is &ade with reasonable !ro&!tness after such defect is# or with due dilience &iht ha%e been# ascertained. (=a# R,)
SEC. =. *ffect of errors and irregularities in depositions.2 (a) (s to notice.—ll errors and irreularities in the notice for takin a de!osition are wai%ed unless written ob+ection is !ro&!tl" ser%ed u!on the !art" i%in the notice.
RULE 02
.EPOS!T!O-S EFORE ACT!O- OR PE-.!-, APPEAL SECTION 1. +epositions before action; petition.2( !erson who desires to !er!etuate his own testi&on" or that of another !erson reardin an" &atter that &a" be coni-able in an" court of the ;hili!!ines# &a" filed a %erified !etition in the court of the !lace of the residence of an" e$!ected ad%erse !art". (1a# R1',) SEC. . Contents of petition.—The !etition shall be entitled in the na&e of the !etitioner and shall show0 (a) that the !etitioner e$!ects to be a !art" to an action in a court of the ;hili!!ines but is !resentl" unable to brin it or cause it to be brouht (b) the sub+ect &atter of the e$!ected action and his interest therein (c) the facts which he desires to establish b" the !ro!osed testi&on" and his reasons for desirin to !er!etuate it (d) the na&es or a descri!tion of the !ersons he e$!ects will be ad%erse !arties and their addresses so far as known and (e) the na&es and addresses of the !ersons to be e$a&ined and the substance of the testi&on" which he e$!ects to elicit fro& each# and shall ask for an order authori-in the !etitioner to take the de!ositions of the !ersons to be e$a&ined na&ed in the !etition for the !ur!ose of !er!etuatin their testi&on". (# R1',) SEC. '. %otice and service.—The !etitioner shall ser%e a notice u!on each !erson na&ed in the !etition as an e$!ected ad%erse !art"# toether with a co!" of the !etition# statin that the !etitioner will a!!l" to the court# at a ti&e and !lace na&ed therein# for the order described in the !etition. t least twent" (>) da"s before the date of the hearin# the court shall cause notice thereof to be ser%ed on the !arties and !ros!ecti%e de!onents in the &anner !ro%ided for ser%ice of su&&ons. ('a# R1',) SEC. ,. Order and eamination.2If the court is satisfied that the !er!etuation of the testi&on" &a" !re%ent a failure or dela" of +ustice# it shall &ake an order desinatin or describin the !ersons whose de!osition &a" be taken and s!ecif"in the sub+ect &atter of the e$a&ination and whether the de!ositions shall be taken u!on oral e$a&ination or written interroatories. The de!ositions &a" then be taken in accordance with Rule ' before the hearin. (,a# R1',)
subse9uentl" brouht in accordance with the !ro%isions of sections , and of Rule '. (/a# R1',) SEC. :. +epositions pending appeal.2If an a!!eal has been taken fro& a +ud&ent of a court# includin the Court of !!eals in !ro!er cases# or before the takin of an a!!eal if the ti&e therefor has not e$!ired# the court in which the +ud&ent was rendered &a" allow the takin of de!ositions of witnesses to !er!etuate their testi&on" for use in the e%ent of further !roceedins in the said court. In such case the !art" who desires to !er!etuate the testi&on" &a" &ake a &otion in the said court for lea%e to take the de!ositions# u!on the sa&e notice and ser%ice thereof as if the action was !endin therein. The &otion shall state (a) the na&es and addresses of the !ersons to be e$a&ined and the substance of the testi&on" which he e$!ects to elicit fro& each and (b) the reason for !er!etuatin their testi&on". If the court finds that the !er!etuation of the testi&on" is !ro!er to a%oid a failure or dela" of +ustice# it &a" &ake an order allowin the de!ositions to be taken# and thereu!on the de!ositions &a" be taken and used in the sa&e &anner and under the sa&e conditions as are !rescribed in these Rules for de!ositions taken in !endin actions. (:a# R1',)
RULE 05
!-TERRO,ATOR!ES TO PART!ES SECTION 1. Interrogatories to parties; service thereof.2 7nder the sa&e conditions s!ecified in section 1 of Rule '# an" !art" desirin to elicit &aterial and rele%ant facts fro& an" ad%erse !arties shall file and ser%e u!on the latter written interroatories to be answered b" the !art" ser%ed or# if the !art" ser%ed is a !ublic or !ri%ate cor!oration or a !artnershi! or association# b" an" officer thereof co&!etent to testif" in its behalf. (1a)
SEC. . Reference to court . —?or the !ur!ose of a!!l"in Rule ' to de!ositions for !er!etuatin testi&on"# each reference therein to the court in which the action is !endin shall be dee&ed to refer to the court in which the !etition for such de!osition was filed. (a# R1',)
SEC. . (nswer to interrogatories.2The interroatories shall be answered full" in writin and shall be sined and sworn to b" the !erson &akin the&. The !art" u!on who& the interroatories ha%e been ser%ed shall file and ser%e a co!" of the answers on the !art" sub&ittin the interroatories within fifteen (1) da"s after ser%ice thereof# unless the court# on &otion and for ood cause shown# e$tends or shortens the ti&e. (a)
SEC. /. 'se of deposition.2If a de!osition to !er!etuate testi&on" is taken under this Rule# or if# althouh not so taken# it would be ad&issible in e%idence# it &a" be used in an" action in%ol%in the sa&e sub+ect &atter
SEC. '. Ob"ections to interrogatories.2 Ob+ections to an" interroatories &a" be !resented to the court within ten (1>) da"s after ser%ice thereof# with notice as in case of a &otion and answers shall be deferred until the
ob+ections are resol%ed# which shall be at as earl" a ti&e as is !racticable. ('a) SEC. ,. %umber of interrogatories.2No !art" &a"# without lea%e of court# ser%e &ore than one set of interroatories to be answered b" the sa&e !art". (,) SEC. . Scope and use of interrogatories.2 Interroatories &a" relate to an" &atters that can be in9uired into under section of Rule '# and the answers &a" be used for the sa&e !ur!oses !ro%ided in section , of the sa&e Rule. (a) SEC. /. *ffect of failure to serve written interrogatories.2 7nless thereafter allowed b" the court for ood cause shown and to !re%ent a failure of +ustice# a !art" not ser%ed with written interroatories &a" not be co&!elled b" the ad%erse !art" to i%e testi&on" in o!en court# or to i%e a de!osition !endin a!!eal. (n).
RULE 04
A.3!SS!O- / A.ERSE PART/ SECTION 1. Re6uest for admission.2t an" ti&e after issues ha%e been +oined# a !art" &a" file and ser%e u!on an" other !art" a written re9uest for the ad&ission b" the latter of the enuineness of an" &aterial and rele%ant docu&ent described in and e$hibited with the re9uest or of the truth of an" &aterial and rele%ant &atter of fact set forth in the re9uest. Co!ies of the docu&ents shall be deli%ered with the re9uest unless co!ies ha%e alread" been furnished. (1a) SEC. . Implied admission.2Each of the &atters of which an ad&ission is re9uested shall be dee&ed ad&itted unless# within a !eriod desinated in the re9uest# which shall not be less than fifteen (1) da"s after ser%ice thereof# or within such further ti&e as the court &a" allow on &otion# the !art" to who& the re9uest is directed files and ser%es u!on the !art" re9uestin the ad&ission a sworn state&ent either den"in s!ecificall" the &atters of which an ad&ission is re9uested or settin forth in detail the reasons wh" he cannot truthfull" either ad&it or den" those &atters. Ob+ections to an" re9uest for ad&ission shall be sub&itted to the court b" the !art" re9uested within the !eriod for and !rior to the filin of his sworn state&ent as conte&!lated in the !recedin !arara!h and his co&!liance therewith shall be deferred until such obliations are resol%ed# which resolution shall be &ade as earl" as !racticable. (a)
SEC. '. *ffect of admission.2n" ad&ission &ade b" a !art" !ursuant to such re9uest is for the !ur!ose of the !endin action onl" and shall not constitute an ad&ission b" hi& for an" other !ur!ose nor &a" the sa&e be used aainst hi& in an" other !roceedin. (') SEC. ,. #ithdrawal.2The court &a" allow the !art" &akin an ad&ission under this Rule# whether e$!ress or i&!lied# to withdraw or a&end it u!on such ter&s as &a" be +ust. (,) SEC. . *ffect of failure to file and serve re6uest for admission.—7nless otherwise allowed b" the court for ood cause shown and to !re%ent a failure of +ustice# a !art" who fails to file and ser%e a re9uest for ad&ission on the ad%erse !art" of &aterial and rele%ant facts at issue which are# or ouht to be# within the !ersonal knowlede of the latter# shall not be !er&itted to !resent e%idence on such facts. (n)
RULE 07
PRO.UCT!O- OR !-SPECT!O- OF .OCU3E-TS OR T
RULE 08
P
!h"sical condition of a !art" is in contro%ers"# the court in which the action is !endin &a" in its discretion order hi& to sub&it to a !h"sical or &ental e$a&ination b" a !h"sician. (1) SEC. . Order for eamination.2The eamination.2The order for e$a&ination &a" be &ade onl" on &otion for ood cause shown and u!on notice to the !art" to be e$a&ined and to all other !arties# and and shal shalll s!ec s!ecif if" " the the ti&e ti&e## !lac !lace# e# &ann &anner er## conditions and sco!e of the e$a&ination and the !erson or !ersons b" who& it is to be &ade. () SEC. '. Report of findings2If findings2If re9uested re9uested b" the !art" !art" e$a&in e$a&ined# ed# the !art" !art" causin causin the the e$a&ination to be &ade shall deli%er to hi& a co!" co!" of a deta detail iled ed writt ritten en re!o re!ort rt of the the e$a&inin !h"sician settin out his findins and conclusions. fter such re9uest and deli%er"# the !art" causin the e$a&ination to be &ade shall be entitled entitled u!on re9uest re9uest to recei%e recei%e fro& the !art" e$a&ined a like re!ort of an" e$a&ination# !re%io !re%iousl usl" " or therea thereaft fter er &ade# &ade# of the sa&e sa&e &ent &ental al or !h"s !h"sic ical al cond condit itio ion. n. If the the !art !art" " e$a&ined e$a&ined refuses refuses to deli%er deli%er such re!ort# re!ort# the court on &otion and notice &a" &ake an order re9uirin deli%er" on such ter&s as are +ust# and if a !h"si !h"sicia cian n fails fails or refuse refuses s to &ake such a re!ort re!ort the court &a" e$clude e$clude his testi&o testi&on" n" if offered at the trial. ('a) SEC. ,. #aiver of privilege.2*" privilege.2*" re9uestin and obtainin obtainin a re!ort re!ort of the e$a&inati e$a&ination on so order ordered ed or b" taki takin n the the de!o de!osi siti tion on of the the e$a& e$a&in iner er## the the !art !art" " e$a& e$a&in ined ed wai% wai%es es an" an" !ri%ilee he &a" ha%e in that action or an" other in%ol%in in%ol%in the sa&e contro%ers contro%ers"# "# reardin reardin the test testi& i&on on" " of e%er e%er" " othe otherr !ers !erson on who who has has e$a&in e$a&ined ed or &a" therea thereafte fterr e$a&i e$a&ine ne hi& in res! res!ec ectt of the the sa&e sa&e &enta entall or !h"s !h"sic ical al e$a&ination. (,)
RULE 09
REFUSAL TO CO3PL/ ;!T< 3O.ES OF .!SCOER/ SECTION 1. Refusal to answer.2If answer.2 If a a !art" or othe otherr de!o de!one nent nt refu refuse ses s to answ answer er an" an" 9uestion u!on oral e$a&ination# the e$a&ination &a" be co&!leted on other &atters or ad+ourned as the !ro!onent of the 9uestion &a" !refer. The !ro!onent &a" thereafter a!!l" to the the !ro! !ro!er er cour courtt of the the !lac !lace e wher where e the the de!osition is bein taken# for an order to co&!el an answer. The sa&e !rocedure &a" be a%ailed of when a !art" or a witness refuses to answer an" interroator" sub&itted under Rules ' or . If the a!!lication is ranted# the court shall re9uire the refusin !art" or de!onent to answer
the 9uestion or interroator" and if it also finds that that the the refu refusa sall to answ answer er was was with withou outt substa substanti ntial al +usti +ustific ficati ation# on# it &a" &a" re9uir re9uire e the refu refusi sin n !art !art" " or de!o de!one nent nt or the the coun counse sell ad%isin the refusal# or both of the&# to !a" the !ro! !ro!on onen entt the the a&ou a&ount nt of the the reas reason onab able le e$!e e$!ens nses es incu incurr rred ed in obta obtain inin in the the orde order# r# includin attorne"s fees. If the a!!lication is denied and the court find finds s that that it was was file filed d with withou outt subs substa tant ntia iall +ustification# +ustification# the court &a" re9uire the !ro!onent or the counsel ad%isin the filin of the a!!lication# or both of the&# to !a" to the refusin !art" or de!onent the a&ount of the reasonabl reasonable e e$!enses e$!enses incurred incurred in o!!osin o!!osin the a!!lication# includin attorne"s fees. (1a) SEC. SEC. . Contempt Contempt of court.—If a !art" or other witness refuses to be sworn or refuses to answer an" 9uestion after bein directed to do so b" the the cour courtt of the !lac !lace e in whic which h the the de!ositi de!osition on is bein taken# taken# the refusal refusal &a" be considered a conte&!t of that court. (a) SEC. '. Other conse6uences.2 conse6uences.2If If an" an" !art" or an offi office cerr or &ana &anai in n aen aentt of a !art !art" " refuses to obe" an order &ade under section 1 of this Rule re9uirin hi& to answer desinated 9uestions# or an order under Rule : to !roduce an" docu& docu&en entt or other other thin thin for ins!e ins!ecti ction on co!"in or !hotora!hin or to !er&it it to be done# done# or to !er&it !er&it entr" entr" u!on land or other other !ro! !ro!er ert" t"## or an orde orderr &ade &ade unde underr Rule Rule < re9uirin hi& to sub&it to a !h"sical or &ental e$a&ination# the court &a" &ake such orders in reard reard to the refusal refusal as are +ust# +ust# and a&on a&on others the followin0 (a) (a) n order order that that the the &att &atters ers reard reardin in whic which h the the 9ues 9uesti tion ons s were were aske asked# d# or the the character or descri!tion of the thin or land# or the contents contents of the !a!er# !a!er# or the !h"sical !h"sical or &ent &ental al cond condit itio ion n of the the !art !art" " or an" an" othe otherr desinated facts shall be taken to be established established for the !ur!oses of the action in accordance with the clai& of the !art" obtainin the order (b) n order refusin to allow the diso disobe bedi dien entt !art !art" " to su!! su!!or ortt or o!!o o!!ose se desinated clai&s or defenses or !rohibitin hi& fro& fro& intr introd oduc ucin in in e%id e%iden ence ce desi desin nat ated ed docu&ents or thins or ite&s of testi&on"# or fro& introducin e%idence of !h"sical or &ental condition (c) n order strikin out !leadins or !arts thereof# or sta"in further !roceedins until the order order is obe"e obe"ed# d# or dis&is dis&issin sin the action action or !roceedin or an" !art thereof or renderin a +ud&ent b" default aainst the disobedient !art" and (d) In lieu of an" of the foreoin orders or in addition thereto# an order directin the arrest of an" !art" or aent of !art" for disobe"in an" of such orders e$ce!t an order to sub&it to a !h"sical or &ental e$a&ination. ('a)
SEC. ,. *penses on refusal to admit.2If admit.2If a a !art" after bein ser%ed with a re9uest under Rule Rule / to ad&i ad&itt the the enu enuin inen enes ess s of an" an" docu& docu&ent ent or the the truth truth of an" &atter &atter of fact# fact# ser%es a sworn denial thereof and if the !art" re9uestin the ad&issions thereafter !ro%es the enuineness of such docu&ent or the truth of an" such &atter of fact# he &a" a!!l" to the court for an order re9uirin the other !art" to !a" hi& the reasonable reasonable e$!enses e$!enses incurred in &akin &akin such !roof# includin includin attorne" attorne"s s fees. fees. 7nles 7nless s the court finds that that there there were ood ood reasons for the denial or that ad&issions souht were of no substant substantial ial i&!ortan i&!ortance# ce# such order shall be issued. (,a)
e%idence# and that due dilience has been used to !rocure it. *ut if the ad%erse !art" ad&its the facts to be i%en in e%idence# e%en if he ob+ects or reser%es the riht to their ad&issibilit"# the trial shall not be !ost!oned. (,a# R)
SEC. . 4ailure of party to attend or serve answers.2If answers.2If a !art" or an officer or &anain aent of a !art" wilfull" fails to a!!ear before the officer who is to take his de!osition# after bein bein ser%e ser%ed d with with a !ro!er !ro!er notice# notice# or fails fails to ser%e ser%e answe answers rs to interr interroa oator torie ies s sub&i sub&itt tted ed unde underr Rule Rule afte afterr !ro! !ro!er er ser% ser%ic ice e of such such interroatories# the court on &otion and notice# E??ECT0 &a" strike out all or an" !art of an" !leadin of the !art"# or dis&iss the action or !roc !rocee eedi din n or an" an" !art !art ther thereo eof# f# or ente enterr a +ud&ent b" default default aainst the !art"# and in its disc discre reti tion on## orde orderr hi& hi& to !a" !a" reas reason onab able le e$!e e$!ens nses es incu incurre rred d b" the the othe other# r# incl includ udin in attorne"s fees. ()
SEC. . Order Order of trial trial .—Sub+e .—Sub+ect ct to the !ro%isions of section of Rule '1# and unless the court for s!ecial reasons otherwise directs# the trial shall be li&ited to the issues stated in the !re6trial order and shall !roceed as follows0
SEC. SEC. /. *penses against the Republic of the $hilippines.2E$!e $hilippines.2E$!enses nses and attorne" attorne"s s fees are not to be i&!osed u!on the Re!ublic of the ;hili!!ines under this Rule.(/)
RULE 1:
TR!AL SECTION 1. %otice of trial.—7!on entr" of a case in the trial calendar# the clerk shall notif" the !arties of the date of its trial in such &anner as shall ensure his recei!t of that notice at least fi%e () da"s before such date. (a# R) SEC. . (d"ournmen . (d"ournments ts and postponements. postponements. 2 court &a" ad+ourn a trial fro& da" to da"# and to an" stated ti&e# as the e$!editious and con%enient transaction of business &a" re9uire# but shall ha%e no !ower to ad+ourn a trial for a lon loner er !eri !eriod od than han one one &on &onth for for each ad+ourn&ent# ad+ourn&ent# nor &ore than three &onths in all# e$ce!t when authori-ed in writin b" the Court d&inistrator# Su!re&e Court. ('a# R) SEC. SEC. '. Re6uisites of motion to postpone trial trial for absenc absence e of eviden evidence. ce.2 2 &otion &otion to !ost!one a trial on the round of absence of e%iden e%idence ce can be rant ranted ed onl" onl" u!on u!on affida affida%it %it showin showin the the &ateri &ateriali alit" t" or rele% rele%anc anc" " of such such
SEC. SEC. ,. Re6uisites of motion to postpone trial for illness of party or counsel.2 &otion to !ost!one a trial on the round of illness of a !art" or counsel &a" be ranted if it a!!ears u!on affida%it affida%it or sworn sworn certifica certification tion that the !resence of such !art" or counsel at the trial is indis! indis!ens ensabl able e and that that the charac characte terr of his illness is such as to render his non6attendance e$cusable. (a# R)
(a) (a) The The !lai !laint ntif ifff shal shalll addu adduce ce e%idence in su!!ort of his co&!laint (b) (b) The The defe defend ndan antt shal shalll then then adduce e%idence in su!!ort of his defense# countercl counterclai&# ai&# cross6clai cross6clai& & and third6!ar third6!art" t" co&!laint (c) The third6!ar third6!art" t" defendan defendant# t# if an"# shall adduce e%idence of his defense# counterclai&# cross6clai& and fourth6!art" co&!laint (d) The fourth6!art"# and so forth# if an"# an"# shal shalll addu adduce ce e%id e%iden ence ce of the the &aterial facts !leaded b" the& (e) The !arties aainst who& an" coun counte terc rcla lai& i& or cros cross6 s6cl clai ai& & has has been been !leaded# shall adduce e%idence in su!!ort of thei theirr defe defens nse# e# in the the orde orderr to be !rescribed b" the court (f) (f) The !ar !artties ies &a" &a" the then res!ec res!ecti% ti%el" el" adduce adduce rebutt rebuttin in e%iden e%idence ce onl"# unless unless the court# for ood reasons reasons and in the furtherance of +ustice# !er&its the& the& to addu adduce ce e%id e%iden ence ce u!on u!on thei theirr oriinal case and () 7!on ad&ission of the e%id e%iden ence ce## the the case case shal shalll be dee& dee&ed ed sub&itte sub&itted d for decision# decision# unless the court directs the !arties to arue or to sub&it their res!ecti%e &e&oranda or an" further !leadins. If se%e se%era rall defe defend ndan ants ts or third hird6! 6!ar art" t" defe defend ndan ants ts## and and so fort forth. h. ha%i ha%in n se!a se!ara rate te defenses a!!ear b" different counsel# the court shall deter&ine the relati%e order of !resentation of their e%idence. (1a# R'>) SEC. SEC. /. /. (greed statement statement of facts2The facts2 The !arties to an" action &a" aree# in writin# u!on the facts in%ol%ed in the litiation# and sub&it the case for +ud&ent on the facts areed u!on#
without the introduction of e%idence. If the !arties aree onl" on so&e of the facts in issue# the trial shall be held as to the dis!uted facts in such order as the court shall !rescribe. (a# R'>) SEC. SEC. :. Stateme Statement nt of +ude.— +ude.—Durin Durin the hearin or trial of a case an" state&ent state&ent &ade b" the +ude with reference to the case# or to an" of the !arties# !arties# witnesses witnesses or counsel# counsel# shall be &ade of record in the stenora!hic notes. ('a# R'>) SEC. <. Suspe Suspensi nsion on of action actions.2 s.2The The sus!ension sus!ension of actions actions shall be o%erned o%erned b" the !ro%isions of the Ci%il Code. (n) SEC. =. udge to receive evidence; delegation to cler) of court.2The court.2 The +ude of the court where the case is !endin shall !ersonall" rece recei% i%e e the the e%id e%iden ence ce to be addu adduce ced d b" the the !art !artie ies. s. 8ow 8owe%er e%er## in defa defaul ultt or e parte hearin hearins# s# and in an" an" case case where where the the !artie !arties s are aree e in writin# writin# the court &a" deleate deleate the rece!tion of e%idence to its clerk of court who is a &e&ber of the bar. The clerk of court shall ha%e ha%e no !ower !ower to rule on ob+ectio ob+ections ns to an" 9uestion or to the ad&ission of e$hibits# which ob+ections shall be resol%ed b" the court u!on sub&is sub&issio sion n of his re!ort re!ort and the transc transcri! ri!ts ts within within ten ten (1>) (1>) da"s da"s fro& fro& ter&i ter&inat nation ion of the the hearin. (n)
RULE 1+
CO-SOL!.AT!O- OR SEERA-CE SECT SECTION ION 1. Consolidation.—2hen Consolidation.—2hen actions in%ol%in a co&&on 9uestion of law or fact are !endin before the court# it &a" order a +oint hearin or trial of an" or all the &atters in issue in the the acti action ons s it &a" &a" orde orderr all all the the acti action ons s consol consolida idated ted and it &a" &ake &ake such such orders orders concernin !roceedins therein as &a" tend to a%oid unnecessar" costs or dela". (1) SEC. . Separate Separate trials.2 trials.2The The court# court# in furt furthe hera ranc nce e of con% con%en enie ienc nce e or to a%oi a%oid d !re+ud !re+udice ice## &a" order order a se!ara se!arate te trial trial of an" clai&# cross6clai&# counterclai&# or third6!art" co&!laint# or of an" se!arate issue or of an" nu&ber of clai&s# cross6clai&s# counterclai&s# third6!art" co&!laint or issues. (a)
RULE 10
TR!AL / CO33!SS!O-ER SECT SECTIO ION N 1. Referen Reference ce by consent. consent.2 2 *" written consent of both !arties# the court &a" order an" or all of the issues in a case to be referred to a co&&issioner to be areed u!on b" the !arties or to be a!!ointed b" the court. s used in these Rules# the word 4co&&issioner5 includes a referee# an auditor and an e$a&iner. (1a# R'') SEC. SEC. . Referen Reference ce ordered ordered on motion.2 motion.2 2hen the !arties do not consent# the court &a"# u!on u!on the the a!!lic a!!licati ation on of either either or of its own &otion) direct a reference to a co&&issioner in the followin cases0 (a) 2hen 2hen the trial trial of an issue issue of fact fact re9uir re9uires es the the e$a&in e$a&inati ation on of a lon lon account on either side# in which case the co&&issioner &a" be directed to hear and re!ort u!on the whole issue or an" s!ecific 9uestion in%ol%ed therein (b) 2hen the takin of an account is neces necessar sar" " for the the infor& infor&ati ation on of the the court before +ud&ent +ud&ent## or for carr"in carr"in a +ud&ent or order order into effect effect (c) 2hen a 9uestion of of fact# other than u!on the !leadins# arises u!on &otion or otherwise# in an" stae of a case# or for carr"in a +ud&ent or order into effect. (a# R'') SEC. '. Order of reference; powers of the commissioner.2 2hen a reference is &ade# the clerk shall shall forthwith forthwith furnish# furnish# the co&&issio co&&issioner ner with a co!" of the order of reference. The order &a" s!eci !ecif" f" or li&i i&it the !owe owers of the the co&&issioner# and &a" direct hi& to re!ort onl" u!on u!on !artic !articula ularr issue issues# s# or to do or !erfo !erfor& r& !articular acts# or to recei%e and re!ort e%idence onl"# onl"# and &a" fi$ the date date for beinni beinnin n and closin closin the the heari hearins ns and for the the filin filin of his re!o re!ort rt.. Sub+ Sub+ec ectt to the the s!ec s!ecif ific icat atio ions ns and and li&itations stated in the order# the co&&issioner has and shall e$ercise the !ower to reulate the !roceedins in e%er" hearin before hi& and to do all acts and take all &easures necessar" or !ro!er for the efficient !erfor&ance of his duties under the order. 8e &a" issue sub!oenas and sub!oena sub!oenas s duces duces tecum, tecum, swear witnesses# and unle unless ss othe otherw rwis ise e !ro% !ro%id ided ed in the the orde orderr of reference# he &a" rule u!on the ad&issibilit" of e%idence. The trial or hearin before hi& shall !roceed in all res!ects as it would if held before the court. ('a# R'') SEC. . Oath Oath of commis commissio sioner ner.2 .2*efore *efore enterin u!on his duties the co&&issioner shall be sworn to a faithful and honest !erfor&ance thereof. (1,# R'') SEC. SEC. . $roceedings before commissioner. 27!on recei! recei!tt of the the order order of refere reference nce and unle unless ss oth otherwi erwise se !ro% !ro%id ided ed ther therei ein# n# the co&&i co&&issi ssione onerr shall shall forthw forthwith ith set set a ti&e ti&e and
!lace for the first &eetin of the !arties or their counsel to be held within ten (1>) da"s after the date of the order of reference and shall notif" the !arties or their counsel. (a# R'') SEC. /. 4ailure of parties to appear before commissioner.2If a !art" fails to a!!ear at the ti&e and !lace a!!ointed# the co&&issioner &a" !roceed e parte or# in his discretion# ad+ourn the !roceedins to a future da"# i%in notice to the absent !art" or his counsel of the ad+ourn&ent. (/a# R'') SEC. <. Refusal of witness.2The refusal of a witness to obe" a sub!oena issued b" the co&&issioner or to i%e e%idence before hi&# shall be dee&ed a conte&!t of the court which a!!ointed the co&&issioner. (:a# R'') SEC. <. Commissioner shall avoid delays.2 It is the dut" of the co&&issioner to !roceed with all reasonable dilience. Either !art"# on notice to the !arties and co&&issioner# &a" a!!l" to the court for an order re9uirin the co&&issioner to e$!edite the !roceedins and to &ake his re!ort. (. %otice to parties of the filing of report.27!on the filin of the re!ort# the !arties shall be notified b" the clerk# and the" shall be allowed ten (1>) da"s within which to sinif" rounds of ob+ections to the findins of the re!ort# if the" so desire. Ob+ections to the re!ort based u!on rounds which were a%ailable to the !arties durin the !roceedins before the co&&issioner# other than ob+ections to the findins and conclusions therein set forth# shall not be considered b" the court unless the" were &ade before the co&&issioner. (1># R'') SEC. 11. 3earing upon re!ort.—7!on the e$!iration of the !eriod of ten (1>) da"s referred to in the !recedin section# the re!ort shall be set for hearin# after which the court shall issue an order ado!tin# &odif"in# or re+ectin the re!ort in whole or in !art# or reco&&ittin it with instructions# or re9uirin the !arties to !resent further e%idence before the co&&issioner or the court. (11a# R'') SEC. 1. Stipulations as to findings.22hen the !arties sti!ulate that a co&&issioners findins of fact shall be final# onl" 9uestions of law shall thereafter be considered. (1a# R'')
SEC. 1'. Compensation of commissioner.2 The court shall allow the co&&issioner such reasonable co&!ensation as the circu&stances of the case warrant# to be ta$ed as costs aainst the defeated !art"# or a!!ortioned# as +ustice re9uires. (1'# R'')
RULE 11
.E3URRER TO E!.E-CE SECTION 1. +emurrer to evidence.2fter the !laintiff has co&!leted the !resentation of his e%idence# the defendant &a" &o%e for dis&issal on the round that u!on the facts and the law the !laintiff has shown no riht to relief. If his &otion is denied# he shall ha%e the riht to !resent e%idence. If the &otion is ranted but on a!!eal the order of dis&issal is re%ersed he shall be dee&ed to ha%e wai%ed the riht to !resent e%idence. (1a# R')
RULE 12
=U.,3E-T O- T
RULE 15
SU33AR/ =U.,3E-TS SECTION 1. Summary "udgment for claimant.2 !art" seekin to reco%er u!on a clai&# counterclai&# or cross6clai& or to obtain a declarator" relief &a"# at an" ti&e after the !leadin in answer thereto has been ser%ed# &o%e with su!!ortin affida%its# de!ositions or ad&issions for a su&&ar" +ud&ent in his fa%or u!on all or an" !art thereof. (1a# R',)
SEC. . Summary "udgment for defending !art".— !art" aainst who& a clai&# counterclai& or cross6clai& is asserted or a declarator" relief is souht &a"# at an" ti&e# &o%e with su!!ortin affida%its# de!ositions or ad&issions for a su&&ar" +ud&ent in his fa%or as to all or an" !art thereof. (a# R',) SEC. '. !otion and proceedings thereon .— The &otion shall be ser%ed at least ten (1>) da"s before the ti&e s!ecified for the hearin. The ad%erse !art" &a" ser%e o!!osin affida%its# de!ositions# or ad&issions at least three (') da"s before the hearin. fter the hearin# the +ud&ent souht shall be rendered forthwith if the !leadins# su!!ortin affida%its# de!ositions# and ad&issions on file# show that# e$ce!t as to the a&ount of da&aes# there is no enuine issue as to an" &aterial fact and that the &o%in !art" is entitled to a +ud&ent as a &atter of law. ('a# R',) SEC. ,. Case not fully ad"udicated on motion.2If on &otion under this Rule# +ud&ent is not rendered u!on the whole case or for all the reliefs souht and a trial is necessar"# the court at the hearin of the &otion# b" e$a&inin the !leadins and the e%idence before it and b" interroatin counsel shall ascertain what &aterial facts e$ist without substantial contro%ers" and what are actuall" and in ood faith contro%erted. It shall thereu!on &ake an order s!ecif"in the facts that a!!ear without substantial contro%ers"# includin the e$tent to which the a&ount of da&aes or other relief is not in contro%ers"# and directin such further !roceedins in the action as are +ust. The facts so s!ecified shall be dee&ed established# and the trial shall be conducted on the contro%erted facts accordinl". (,a# R',) SEC. . 4orm of affidavits and supporting papers.2Su!!ortin and o!!osin affida%its shall be &ade on !ersonal knowlede# shall set forth such facts as would be ad&issible in e%idence# and shall show affir&ati%el" that the affiant is co&!etent to testif" to the &atters stated therein. Certified true co!ies of all !a!ers or !arts thereof referred to in the affida%it shall be attached thereto or ser%ed therewith. (a# R',) SEC. /. (ffidavits in bad faith.—Should it a!!ear to its satisfaction at an" ti&e that an" of the affida%its !resented !ursuant to this Rule are !resented in bad faith# or solel" for the !ur!ose of dela"# the court shall forthwith order the offendin !art" or counsel to !a" to the other !art" the a&ount of the reasonable e$!enses which the filin of the affida%its caused hi& to incur# includin attorne"s fees. It &a"# after hearin# further ad+ude the offendin !art" or counsel uilt" of conte&!t. (/a# R',)
RULE 14
=U.,3E-TS" F!-AL OR.ERS A-. E-TR/ T# R1). SEC. '. udgment for or against one or more of several !arties.—ud&ent &a" be i%en for or aainst one or &ore se%eral !laintiffs# and for or aainst one or &ore of se%eral defendants. 2hen +ustice so de&ands# the court &a" re9uire the !arties on each side to file ad%ersar" !leadins as between the&sel%es and deter&ine their ulti&ate rihts and obliations. (') SEC. ,. Several "udgments.2In an action aainst se%eral defendants# the court &a"# when a se%eral +ud&ent is !ro!er# render +ud&ent aainst one or &ore of the&# lea%in the action to !roceed aainst the others. (,) SEC. . Separate "udgments.22hen &ore than one clai& for relief is !resented in an action# the court# at an" stae# u!on a deter&ination of the issues &aterial to a !articular clai& and all counterclai&s arisin out of the transaction or occurrence which is the sub+ect &atter of the clai&# &a" render a se!arate +ud&ent dis!osin of such clai&. The +ud&ent shall ter&inate the action with res!ect to the clai& so dis!osed of and the action shall !roceed as to the re&ainin clai&s. In case a se!arate +ud&ent is rendered# the court b" order &a" sta" its enforce&ent until the rendition of a subse9uent +ud&ent or +ud&ents and &a" !rescribe such conditions as &a" be necessar" to secure the benefit thereof to the !art" in whose fa%or the +ud&ent is rendered. (a) SEC. /. udgment against entity without "uridical personality.22hen +ud&ent is rendered aainst two or &ore !ersons sued as an entit" without +uridical !ersonalit"# the
+ud&ent shall set out their indi%idual or !ro!er na&es# if known. (/a)
RULE 17
-E; TR!AL OR RECO-S!.ERAT!OSECTION 1. -rounds of and period for filing motion for new trial or reconsideration.2 2ithin the !eriod for takin an a!!eal# the arie%ed !art" &a" &o%e the trial court to set aside the +ud&ent or final order and rant a new trial for one or &ore of the followin causes &ateriall" affectin the substantial rihts of said !art"0 (a) ?raud# accident# &istake or e$cusable nelience which ordinar" !rudence could not ha%e uarded aainst and b" reason of which such arie%ed !art" has !robabl" been i&!aired in his rihts or (b) Newl" disco%ered e%idence# which he could not# with reasonable dilience# ha%e disco%ered and !roduced at the trial# and which if !resented would !robabl" alter the result. 2ithin the sa&e !eriod# the arie%ed !art" &a" also &o%e for reconsideration u!on the rounds that the da&aes awarded are e$cessi%e# that the e%idence is insufficient to +ustif" the decision or final order# or that the decision or final order is contrar" to law. (1a) SEC. . Contents of motion for new trial or reconsideration and notice thereof.2The &otion shall be &ade in writin statin the round or rounds therefor# a written notice of which shall be ser%ed b" the &o%ant on the ad%erse !art". &otion for new trial shall be !ro%ed in the &anner !ro%ided for !roof of &otions. &otion for the cause &entioned in !arara!h (a) of the !recedin section shall be su!!orted b" affida%its of &erits which &a" be rebutted b" affida%its. &otion for the cause &entioned in !arara!h (b) shall be su!!orted b" affida%its of the witnesses b" who& such e%idence is e$!ected to be i%en# or b" dul" authenticated docu&ents which are !ro!osed to be introduced in e%idence. &otion for reconsideration shall !oint out s!ecificall" the findins or conclusions of the +ud&ent or final order which are not su!!orted b" the e%idence or which are contrar" to law# &akin e$!ress reference to the testi&onial or docu&entar" e%idence or to the !ro%isions of law alleed to be contrar" to such findins or conclusions.
pro forma &otion for new trial or reconsideration shall not toll the rele&entar" !eriod of a!!eal. (a) SEC. '. (ction upon motion for new trial or reconsideration.2The trial court &a" set aside the +ud&ent or final order and rant a new trial# u!on such ter&s as &a" be +ust or &a" den" the &otion. If the court finds that e$cessi%e da&aes ha%e been awarded or that the +ud&ent or final order is contrar" to the e%idence or law# it &a" a&end such +ud&ent or final order accordinl". ('a) SEC. ,. Resolution of motion2 &otion for new trial or reconsideration shall be resol%ed within thirt" ('>) da"s fro& the ti&e it is sub&itted for resolution. (n) SEC. . Second motion for new trial.2 &otion for new trial shall include all rounds then a%ailable and those not so included shall be dee&ed wai%ed. second &otion for new trial# based on a round not e$istin nor a%ailable when the first &otion was &ade# &a" be filed within the ti&e herein !ro%ided e$cludin the ti&e durin which the first &otion had been !endin. No !art" shall be allowed a second &otion for reconsideration of a +ud&ent or final order. (,a# ,# IR@) SEC. /. *ffect of granting of motion for new trial.2If a new trial is ranted in accordance with the !ro%isions of this Rule# the oriinal +ud&ent or final order shall be %acated# and the action shall stand for trial de novo; but the recorded e%idence taken u!on the for&er trial# insofar as the sa&e is &aterial and co&!etent to establish the issues# shall be used at the new trial without retakin the sa&e. () SEC. :. $artial new trial or reconsideration. 2If the rounds for a &otion under this Rule a!!ear to the court to affect the issues as to onl" a !art# or less than all of the &atter in contro%ers"# or onl" one# or less than all# of the !arties to it# the court &a" order a new trial or rant reconsideration as to such issues if se%erable without interferin with the +ud&ent or final order u!on the rest. (/a) SEC. <. *ffect of order for partial new trial. 2when less than all of the issues are ordered retried# the court &a" either enter a +ud&ent or final order as to the rest# or sta" the enforce&ent of such +ud&ent or final order until after the new trial. (:a) SEC. =. Remedy against order denying a motion for new trial or reconsideration.2n order den"in a &otion for new trial or reconsideration is not a!!ealable# the re&ed" bein an a!!eal fro& the +ud&ent or final order. (n)
RULE 18
REL!EF FRO3 =U.,3E-TS" OR.ERS OR OT) da"s after the !etitioner learns of the +ud&ent# final order# or other !roceedin to be set aside# and not &ore than si$ (/) &onths after such +ud&ent or final order was entered# or such !roceedin was taken and &ust be acco&!anied with affida%its showin the fraud# accident# &istake# or e$cusable nelience relied u!on# and the facts constitutin the !etitioners ood and substantial cause of action or defense# as the case &a" be. (') SEC. ,. Order to file an answer 2If the !etition is sufficient in for& and substance to +ustif" relief# the court in which it is filed# shall issue an order re9uirin the ad%erse !arties to answer the sa&e within fifteen (1) da"s fro& the recei!t thereof. The order shall be ser%ed in such &anner as the court &a" direct# toether with co!ies of the !etition and the acco&!an"in affida%its. (,a) SEC. . $reliminary in"unction pending proceedings.2The court in which the !etition is filed# &a" rant such !reli&inar" in+unction as &a" be necessar" for the !reser%ation of the rihts of the !arties# u!on the filin b" the !etitioner of a bond in fa%or of the ad%erse !art"# conditioned that if the !etition is dis&issed or the !etitioner fails on the trial of the case u!on its &erits# he will !a" the ad%erse !art" all da&aes and costs that &a" be awarded to hi& b" reason of the issuance of such in+unction or the other !roceedins followin the !etition but such in+unction shall not o!erate to dischare or e$tinuish an" lien which the ad%erse !art" &a" ha%e ac9uired u!on the !ro!ert" of the !etitioner. (a)
SEC. /. $roceedings after answer is filed.2 fter the filin of the answer or the e$!iration of the !eriod therefor# the court shall hear the !etition and if after such hearin# it finds that the alleations thereof are not true# the !etition shall be dis&issed but if it finds said alleations to be true# it shall set aside the +ud&ent or final order or other !roceedin co&!lained of u!on such ter&s as &a" be +ust. Thereafter the case shall stand as if such +ud&ent# final order or other !roceedin had ne%er been rendered# issued or taken. The court shall then !roceed to hear and deter&ine the case as if a ti&el" &otion for a new trial or reconsideration had been ranted b" it. (/a) SEC. :. $rocedure where the denial of an appeal is set aside .—2here the denial of an a!!eal is set aside# the lower court shall be re9uired to i%e due course to the a!!eal and to ele%ate the record of the a!!ealed case as if a ti&el" and !ro!er a!!eal had been &ade. (:a)
RULE 19
E?ECUT!O-" SAT!SFACT!O- A-. EFFECT OF =U.,3E-TS SECTION 1. *ecution upon "udgments or final orders.2 E$ecution shall issue as a &atter of riht# on &otion# u!on a +ud&ent or order that dis!oses of the action or !roceedin u!on the e$!iration of the !eriod to a!!eal therefro& if no a!!eal has been dul" !erfected. (1a) If the a!!eal has been dul" !erfected and finall" resol%ed# the e$ecution &a" forthwith be a!!lied for in the court of oriin# on &otion of the +ud&ent obliee# sub&ittin therewith certified true co!ies of the +ud&ent or +ud&ents or final order or or ders souht to be enforced and of the entr" thereof# with notice to the ad%erse !art". The a!!ellate court &a"# on &otion in the sa&e case# when the interest of +ustice so re9uires# direct the court of oriin to issue the writ of e$ecution. (n) SEC. . +iscretionary eecution.2 (a) E$ecution of a +ud&ent or final order !endin a!!eal.— On &otion of the !re%ailin !art" with notice to the ad%erse !art" filed in the trial court while it has +urisdiction o%er the case and is in !ossession of either the oriinal record or the record on a!!eal# as the case &a" be# at the ti&e of the filin of such &otion# said court &a"# in its discretion# order e$ecution of a +ud&ent or final order e%en before the e$!iration of the !eriod to a!!eal.
fter the trial court has lost +urisdiction# the &otion for e$ecution !endin a!!eal &a" be filed in the a!!ellate court. Discretionar" e$ecution &a" onl" issue u!on ood reasons to be stated in a s!ecial order after due hearin. (b) E$ecution of se%eral# se!arate or !artial +ud&ents.— se%eral# se!arate or !artial +ud&ent &a" be e$ecuted under the sa&e ter&s and conditions as e$ecution of a +ud&ent or final order !endin a!!eal. (a) SEC. '. Stay of discretionary e$ecution.— Discretionar" e$ecution issued under the !recedin section &a" be sta"ed u!on a!!ro%al b" the !ro!er court of a sufficient su!ersedeas bond filed b" the !art" aainst who& it is directed# conditioned u!on the !erfor&ance of the +ud&ent or order allowed to be e$ecuted in case it shall be finall" sustained in whole or in !art. The bond thus i%en &a" be !roceeded aainst on &otion with notice to the suret". ('a) SEC. ,. udgments not stayed by appeal.2 ud&ents in actions fo r in+unctio n# recei%ershi!# accountin and su!!ort# and such other +ud&ents as are now or &a" hereafter be declared to be i&&ediatel" e$ecutor"# shall be enforceable after their rendition and shall not be sta"ed b" an a!!eal taken therefro&# unless otherwise ordered b" the trial court. On a!!eal therefro&# the a!!ellate court in its discretion &a" &ake an order sus!endin# &odif"in# r estorin or rantin the in+unction# recei%ershi!# accountin# or award of su!!ort. The sta" of e$ecution shall be u!on such ter&s as to bond or otherwise as &a" be considered !ro!er for the securit" or !rotection of the rihts of the ad%erse !art". (,a) SEC. . *ffect of reversal of eecuted "udgment . —2here the e$ecuted +ud&ent is re%ersed totall" or !artiall"# or annulled# on a!!eal or otherwise# the trial court &a"# on &otion# issue such orders of restitution or re!aration of da&aes as e9uit" and +ustice &a" warrant under the circu&stances. (a) SEC. =. *ecution by motion or by independent action.2 final and e$ecutor" +ud&ent or order &a" be e$ecuted on &otion within fi%e () "ears fro& the date of its entr". fter the la!se of such ti&e# and before it is barred b" the statute of li&itations# a +ud&ent &a" be enforced b" action. The re%i%ed +ud&ent &a" also be enforced b" &otion within fi%e () "ears fro& the date of its entr" and thereafter b" action before it is barred b" the statute of li&itations. (/a) SEC. <. *ecution in case of death of party.2In case of the death of a !art"# e$ecution &a" issue or be enforced in the followin &anner0
(a) In case of the death of the +ud&ent obliee# u!on the a!!lication of his e$ecutor or ad&inistrator# or successor in interest. (b) In case of the death of the +ud&ent oblior# aainst his e$ecutor or ad&inistrator or successor in interest# if the +ud&ent be for the reco%er" of real or !ersonal !ro!ert"# or the enforce&ent of a lien thereon (c) In case of the death of the +ud&ent oblior# after e$ecution is actuall" le%ied u!on an" of his !ro!ert"# the sa&e &a" be sold for the satisfaction of the +ud&ent obliation# and the officer &akin the sale shall account to the corres!ondin e$ecutor or ad&inistrator for an" sur!lus in his hands. (:a) SEC. <. Issuance, form and contents of a writ of eecution.2 The writ of e$ecution shall0 (1) issue in the na&e of the Re!ublic of the ;hili!!ines fro& the court which ranted the &otion () state the na&e of the court# the case nu&ber and title# the dis!ositi%e !art of the sub+ect +ud&ent or order and (') re9uire the sheriff or other !ro!er officer to who& it is directed to enforce the writ accordin to its ter&s# in the &anner hereinafter !ro%ided0 (a) If the e$ecution be aainst the !ro!ert" of the +ud&ent oblior# to satisf" the +ud&ent# with interest# out of the real or !ersonal !ro!ert" of such +ud&ent oblior (b) If it be aainst real or !ersonal !ro!ert" in the hands of !ersonal re!resentati%es# heirs# de%isees# leatees# tenants# or trustees of the +ud&ent oblior# to satisf" the +ud&ent# with interest# out of such !ro!ert" (c) If it be for the sale of real or !ersonal !ro!ert"# to sell such !ro!ert"# describin it# and a!!l" the !roceeds in confor&it" with the +ud&ent# the &aterial !arts of which shall be recited in the writ of e$ecution (d) If it be for the deli%er" of the !ossession of real or !ersonal !ro!ert"# to deli%er the !ossession of the sa&e# describin it# to the !art" entitled thereto# and to satisf" an" costs# da&aes# rents# or !rofits co%ered b" the +ud&ent out of the !ersonal !ro!ert" of the !erson aainst who& it was rendered# and if sufficient !ersonal !ro!ert" cannot be found# then out of the real !ro!ert" and (e) In all cases# the writ of e$ecution shall s!ecificall" state the a&ount of the interest# costs# da&aes# rents# or !rofits due as of the date of the issuance of the writ# aside fro& the !rinci!al obliation under the +ud&ent. ?or this !ur!ose# the &otion for e$ecution shall s!ecif" the a&ounts of the foreoin reliefs souht b" the &o%ant. (
SEC. =. *ecution of "udgments for money, how enforced2 (a) Immediate payment on demand.—The officer shall enforce an e$ecution of a +ud&ent for &one" b" de&andin fro& the +ud&ent oblior the i&&ediate !a"&ent of the full a&ount stated in the writ of e$ecution and all lawful fees. The +ud&ent. oblior shall !a" in cash# certified bank check !a"able to the +ud&ent obliee# or an" other for& of !a"&ent acce!table to the latter# the a&ount of the +ud&ent debt under !ro!er recei!t directl" to the +ud&ent obliee or his authori-ed re!resentati%e if !resent at the ti&e of !a"&ent. The lawful fees shall be handed under !ro!er recei!t to the e$ecutin sheriff who shall turn o%er the said a&ount within the sa&e da" to the clerk of court of the court that issued the writ. If the +ud&ent obliee or his authori-ed re!resentati%e is not !resent to recei%e !a"&ent# the +ud&ent oblior shall deli%er the aforesaid !a"&ent to the e$ecutin sheriff. The latter shall turn o%er all the a&ounts co&in into his !ossession within the sa&e da" to the clerk of court of the court that issued the writ# or if the sa&e is not !racticable# de!osit said a&ounts to a fiduciar" account in the nearest o%ern&ent de!ositor" bank of the. Reional Trial Court of the localit". The clerk of said court shall thereafter arrane for the re&ittance of the de!osit to the account of the court that issued the writ whose clerk of court shall then deli%er said !a"&ent to the +ud&ent obliee in satisfaction of the +ud&ent. The e$cess# if an"# shall be deli%ered to the +ud&ent oblior while the lawful fees shall be retained b" the clerk of court for dis!osition as !ro%ided b" law. In no case shall the e$ecutin sheriff de&and that an" !a"&ent b" check be &ade !a"able to hi&. (b) Satisfaction by levy.—If the +ud&ent oblior cannot !a" all or !art of the obliation in cash# certified bank check or other &ode of !a"&ent acce!table to the +ud&ent obliee# the officer shall le%" u!on the !ro!erties of the +ud&ent oblior of e%er" kind and nature whatsoe%er which &a" be dis!osed of for %alue and not otherwise e$e&!t fro& e$ecution i%in the latter the o!tion to i&&ediatel" choose which !ro!ert" or !art thereof &a" be le%ied u!on# sufficient to satisf" the +ud&ent. If the +ud&ent oblior does not e$ercise the o!tion# the officer shall first le%" on the !ersonal !ro!erties# if an"# and then on the real !ro!erties if the !ersonal !ro!erties are
insufficient to answer for the +ud&ent. The sheriff shall sell onl" a sufficient !ortion of the !ersonal or real !ro!ert" of the +ud&ent oblior which has been le%ied u!on. 2hen there is &ore !ro!ert" of the +ud&ent oblior than is sufficient to satisf" the +ud&ent and lawful fees# he &ust sell onl" so &uch of the !ersonal or real !ro!ert" as is sufficient to satisf" the +ud&ent and lawful fees. Real !ro!ert"# stocks# shares# debts# credits# and other !ersonal !ro!ert"# or an" interest in either real or !ersonal !ro!ert"# &a" be le%ied u!on in like &anner and with like effect as under a writ of attach&ent. (c) -arnishment of debts and credits.—The officer &a" le%" on debts due the +ud&ent oblior and other credits# includin bank de!osits# financial interests# ro"alties# co&&issions and other !ersonal !ro!ert" not ca!able of &anual deli%er" in the !ossession or control of third !arties. Ge%" shall be &ade b" ser%in notice u!on the !erson owin such debts or ha%in in his !ossession or control such credits to which the +ud&ent oblior is entitled. The arnish&ent shall co%er onl" such a&ount as will satisf" the +ud&ent and all lawful fees. The arnishee shall &ake a written re!ort to the court within fi%e () da"s fro& ser%ice of the notice of arnish&ent statin whether or n/t the +ud&ent oblior has sufficient funds or credits to satisf" the a&ount of the +ud&ent. If not# the re!ort shall state how &uch funds or credits the arnishee holds for the +ud&ent oblior. The arnished a&ount in cash# or certified bank check issued in the na&e of the +ud&ent obliee# shall be deli%ered directl" to the +ud&ent obliee within ten (1>) workin da"s fro& ser%ice of notice on said arnishee re9uirin such deli%er"# e$ce!t the lawful fees which shall be !aid directl" to the court. In the e%ent there are two or &ore arnishees holdin de!osits or credits sufficient to satisf" the +ud&ent# the +ud&ent oblior# if a%ailable# shall ha%e the riht to indicate the arnishee or arnishees who shall be re9uired to deli%er the a&ount due otherwise# the choice shall be &ade b" the +ud&ent obliee. The e$ecutin sheriff shall obser%e the sa&e !rocedure under !arara!h (a) with res!ect to deli%er" of !a"&ent to the +ud&ent obliee. (
SEC. 1>. specific act .—
*ecution
of
"udgments
for
(a) Conveyance, delivery of deeds, or other specific acts; vesting title. — If a +ud&ent directs a !art" to e$ecute a con%e"ance of land or !ersonal !ro!ert"# or to deli%er deeds or other docu&ents# or to !erfor& an" other s!ecific act in connection therewith# and the !art" fails to co&!l" within the ti&e s!ecified# the court &a" direct the act to be done at the cost of the disobedient !art" b" so&e other !erson a!!ointed b" the court and the act when so done shall ha%e like effect as if done b" the !art". If real or !ersonal !ro!ert" is situated within the ;hili!!ines# the court in lieu of directin a con%e"ance thereof &a" b" an order di%est the title of an" !art" and %est it in others# which shall ha%e the force and effect of a con%e"ance e$ecuted in due for& of law. (1>a) (b) Sale of real or personal property.—If the +ud&ent be for the sale of real or !ersonal !ro!ert"# to sell such !ro!ert"# describin it# and a!!l" the !roceeds in confor&it" with the +ud&ent. (
!art" entitled thereto and satisf" an" +ud&ent for &one" as therein !ro%ided. (
fisher&an and b" the lawful use of which he earns his li%elihood (i) So &uch of the salar ies# waes# or earnins of the +ud&ent oblior for his !ersonal ser%ices within the four &onths !recedin the le%" as are necessar" for the su!!ort of his fa&il" (+) Gettered ra%estones (k) 3onies# benefits# !ri%ilees# or annuities accruin or in an" &anner rowin out of an" life insurance (1) The riht to recei%e leal su!!ort# or &one" or !ro!ert" obtained as such su!!ort# or an" !ension or ratuit" fro& the @o%ern&ent (&) e$e&!ted b" law.
;ro!erties
s!eciall"
*ut no article or s!ecies of !ro!ert" &entioned in this section shall be e$e&!t fro& e$ecution issued u!on a +ud&ent reco%ered for its !rice or u!on a +ud&ent of foreclosure of a &ortae thereon. (1a) SEC. 1,. Return of writ of eecution.2The writ of e$ecution shall be returnable to the court issuin it i&&ediatel" after the. +ud&ent has been satisfied in !art or in full. If the +ud&ent cannot be satisfied in full within thirt" ('>) da"s after his recei!t of the writ# the officer shall re!ort to the court and state the reason therefor. Such writ shall continue in effect durin the !eriod within which the +ud&ent &a" be enforced b" &otion. The officer shall &ake a re!ort to the court e%er" thirt" ('>) da"s on the !roceedins taken thereon until the +ud&ent is satisfied in full# or its effecti%it" e$!ires. The returns or !eriodic re!orts shall set forth the whole of the !roceedins taken# and shall be filed with the court and co!ies thereof !ro&!tl" furnished the !arties. (11a) SEC. 1. %otice of sale of property on e$ecution.—*efore the sale of !ro!ert" on e$ecution# notice thereof &ust be i%en as follows0 (a) In case of !erishable !ro!ert"# b" !ostin written notice of the ti&e and !lace of the sale in three (') !ublic !laces# !referabl" in cons!icuous areas of the &unici!al or cit" hall# !ost office and !ublic &arket in the &unici!alit" or cit" where the sale is to take !lace# for such ti&e as &a" be reasonable# considerin the character and condition of the !ro!ert" (b) In case of other !ersonal !ro!ert"# b" !ostin a si&ilar notice in the three (') !ublic !laces abo%e&entioned for not less than fi%e () da"s (c) In case of real !ro!ert"# b" !ostin for twent" (>) da"s
in the three (') !ublic !laces abo%e&entioned a si&ilar notice !articularl" describin the !ro!ert" and statin where the !ro!ert" is to be sold# and if the assessed %alue of the !ro!ert" e$ceeds fift" thousand (;>#>>>.>>) !esos# b" !ublishin a co!" of the notice once a week for two () consecuti%e weeks in one news!a!er selected b" raffle# whether in Enlish# ?ili!ino# or an" &a+or reional lanuae !ublished# edited and circulated or# in the absence thereof# ha%in eneral circulation in the !ro%ince or cit" (d) In all cases# written notice of the sale shall be i%en to the +ud&ent oblior# at least three (') da"s before the sale# e$ce!t as !ro%ided in !arara!h (a) hereof where notice shall be i%en at an" ti&e before the sale# in the sa&e &anner as !ersonal ser%ice of !leadins and other !a!ers as !ro%ided b" section / of Rule 1'. The notice shall s!ecif" the !lace# date and e$act ti&e of the sale which should not be earlier than nine oclock in the &ornin and not later than two oclock in the afternoon. The !lace of the sale &a" be areed u!on b" the !arties. In the absence of such aree&ent# the sale of real !ro!ert" or !ersonal !ro!ert" not ca!able of &anual deli%er" shall be held in the office of the clerk of court of the Reional Trial Court or the 3unici!al Trial Court which issued the writ or which was desinated b" the a!!ellate court. In the case of !ersonal !ro!ert" ca!able of &anual deli%er"# the sale shall be held in the !lace where the !ro!ert" is located. (1) da"s fro& the date of the filin of the bond. The officer shall not be liable for da&aes for the takin or kee!in of the !ro!ert"# to an" third6!art" clai&ant if such bond is filed. Nothin herein contained shall !re%ent such
clai&ant or an" third !erson fro& %indicatin his clai& to the !ro!ert" in a se!arate action# or !re%ent the +ud&ent obliee fro& clai&in da&aes in the sa&e or a se!arate action aainst a third6!art" clai&ant who filed a fri%olous or !lainl" s!urious clai&. 2hen the writ of e$ecution is issued in fa%or of the Re!ublic of the ;hili!!ines# or an" officer dul" re!resentin it# the filin of such bond shall not be re9uired# and in case the sheriff or le%"in officer is sued for da&aes as a result of the le%"# he shall be re!resented b" the Solicitor @eneral and if held liable therefor# the actual da&aes ad+uded b" the court shall be !aid b" the National Treasurer out of such funds as &a" be a!!ro!riated for the !ur!ose. (1:a) SEC. 1:. $enalty for selling without notice, or removing or defacing notice.2n officer sellin without the notice !rescribed b" section 1 of this Rule shall be liable to !a" !uniti%e da&aes in the a&ount of fi%e thousand (;#>>>.>>) !esos to an" !erson in+ured thereb"# in addition to his actual da&aes# both to be reco%ered b" &otion in the sa&e action and a !erson willfull" re&o%in or defacin the notice !osted# if done before the sale# or before the satisfaction of the +ud&ent if it be satisfied before the sale# shall be liable to !a" fi%e thousand (;#>>>.>>) !esos to an" !erson in+ured b" reason thereof# in addition to his actual da&aes# to be reco%ered b" &otion in the sa&e action. (1=a) SEC. 1<. %o sale if "udgment and costs paid.2t an" ti&e before the sale of !ro!ert" on e$ecution# the +ud&ent oblior &a" !re%ent the sale b" !a"in the a&ount re9uired b" the e$ecution and the costs that ha%e been incurred therein. (>a) SEC. 1=. 3ow property sold on eecution; who may direct manner and order of sale.2 ll sales of !ro!ert" under e$ecution &ust be &ade at !ublic auction# to the hihest bidder# to start at the e$act ti&e fi$ed in the notice. fter sufficient !ro!ert" has been sold to satisf" the e$ecution# no &ore shall be sold and an" e$cess !ro!ert" or !roceeds of the sale shall be !ro&!tl" deli%ered to the +ud&ent oblior or his authori-ed re!resentati%e# unless otherwise directed b" the +ud&ent or order of the court. 2hen the sale is of real !ro!ert"# consistin of se%eral known lots# the" &ust be sold se!aratel" or# when a !ortion of such real !ro!ert" is clai&ed b" a third !erson# he &a" re9uire it to be sold se!aratel". 2hen the sale is of !ersonal !ro!ert" ca!able of &anual deli%er"# it &ust be sold within %iew of those attendin the sa&e and in such !arcels as are likel" to brin the hihest !rice. The +ud&ent oblior# if !resent at the sale# &a" direct the order in which !ro!ert"# real or !ersonal# shall be sold# when such !ro!ert" consists of se%eral known lots or !arcels which can be sold to ad%antae
se!aratel". Neither the officer conductin the e$ecution sale# nor his de!uties# can beco&e a !urchaser# nor be interested directl" or indirectl" in an" !urchase at such sale. (1a) SEC. >. Refusal of purchaser to pay.2If a !urchaser refuses to !a" the a&ount bid b" hi& for !ro!ert" struck off to hi& at a sale under e$ecution# the officer &a" aain sell the !ro!ert" to the hihest bidder and shall not be res!onsible for an" loss occasioned thereb" but the court &a" order the refusin !urchaser to !a" into the court the a&ount of such loss# with costs# and &a" !unish hi& for conte&!t if he disobe"s the order. The a&ount of such !a"&ent shall be0 for the benefit of the !erson entitled to the !roceeds of the e$ecution# unless the e$ecution has been full" satisfied# in which e%ent such !roceeds shall be for the benefit of the +ud&ent oblior. The officer &a" thereafter re+ect an" subse9uent bid of such !urchaser who refuses to !a". (a) SEC. 1. udgment obligee as purchaser.2 2hen the !urchaser is the +ud&ent obliee# and no third6!art" clai& has been filed# he need not !a" the a&ount of the bid if it does not e$ceed the a&ount of his +ud&ent. If it does# he shall !a" onl" the e$cess. ('a) SEC. . (d"ournment of sale.2*" written consent of the +ud&ent oblior and obliee# or their dul" authori-ed re!resentati%es# the officer &a" ad+ourn the sale to an" date and ti&e areed u!on b" the&. 2ithout such aree&ent# he &a" ad+ourn the sale fro& da" to da" if it beco&es necessar" to do so for lack of ti&e to co&!lete the sale on the da" fi$ed in the notice or the da" to which it was ad+ourned. (,a) SEC. '. Conveyance to purchaser of personal property capable of manual delivery.2 2hen the !urchaser of an" !ersonal !ro!ert"# ca!able of &anual deli%er"# !a"s the !urchase !rice# the officer &akin the sale &ust deli%er the !ro!ert" to the !urchaser and# if desired# e$ecute and deli%er to hi& a certificate of sale. The sale con%e"s to the !urchaser all the rihts which the +ud&ent oblior had in such !ro!ert" as of the date of the le%" on e$ecution or !reli&inar" attach&ent. (a) SEC. ,. Conveyance to purchaser of personal property not capable of manual delivery.22hen the !urchaser of an" !ersonal !ro!ert"# not ca!able of &anual deli%er"# !a"s the !urchase !rice# the officer &akin the sale &ust e$ecute and deli%er to the !urchaser a certificate of sale. Such certificate con%e"s to the !urchaser all the rihts which the +ud&ent oblior had in such !ro!ert" as of the date of the le%" on e$ecution or !reli&inar" attach&ent. (/a) SEC. . Conveyance of real property; certificate thereof given to purchaser and filed with registry of deeds.—7!on a sale of real !ro!ert"# the officer &ust i%e to the !urchaser
a certificate of sale containin0 (a) !articular descri!tion of the real !ro!ert" sold (b) The !rice !aid for each distinct lot or !arcel (c) The whole !rice !aid b" hi& (d) state&ent that the riht of rede&!tion e$!ires one (1) "ear fro& the date of the reistration of the certificate of sale. Such certificate &ust be reistered in the reistr" of deeds of the !lace where the !ro!ert" is situated. SEC. /. Certificate of sale where property claimed by third person.2#hen a !ro!ert" sold b" %irtue of a writ of e$ecution has been clai&ed b" a third !erson# the certificate of sale to be issued b" the sheriff !ursuant to sections '# , and of this Rule shall &ake e$!ress &ention of the e$istence of such third6!art" clai&. () da"s after the last rede&!tion u!on !a"&ent of the su& !aid on the last rede&!tion# with two per centum thereon in addition# and the a&ount of an" assess&ents or ta$es which the last
rede&!tioner &a" ha%e !aid thereon after rede&!tion b" hi&# with interest on such last6 na&ed a&ount# and in addition# the a&ount of an" liens held b" said last rede&!tioner !rior to his own# with interest. The !ro!ert" &a" be aain# and as often as a rede&!tioner is so dis!osed# redee&ed fro& an" !re%ious rede&!tioner within si$t" (/>) da"s after the last rede&!tion# on !a"in the su& !aid on the last !re%ious rede&!tion# with two per centum thereon in addition# and the a&ounts of an" assess&ents or ta$es which the last !re%ious rede&!tioner !aid after the rede&!tion thereon# with interest thereon# and the a&ount of an" liens held b" the last rede&!tioner !rior to his own# with interest. 2ritten notice of an" rede&!tion &ust be i%en to the officer who &ade the sale and a du!licate filed with the reistr" of deeds of the !lace# and if an" assess&ents or ta$es are !aid b" the rede&!tioner or if he has or ac9uires an" lien other than that u!on which the rede&!tion was &ade# notice thereof &ust in like &anner be i%en to the officer and filed with the reistr" of deeds if such notice be not filed# the !ro!ert" &a" be redee&ed without !a"in such assess&ents# ta$es# or liens. ('>a) SEC. =. *ffect of redemption by "udgment obligor, and a certificate to be delivered and recorded thereupon; to whom payments on redemption made.—If the +ud&ent oblior redee&s# he &ust &ake the sa&e !a"&ents as are re9uired to effect a rede&!tion b" a rede&!tioner# whereu!on# no further rede&!tion shall# be allowed and he is restored to his estate. The !erson to who& the rede&!tion !a"&ent is &ade &ust e$ecute and deli%er to hi& a certificate of rede&!tion acknowleded before a notar" !ublic or other officer authori-ed to take acknowled&ents of con%e"ances of real !ro!ert". Such certificate &ust be filed and recorded in the reistr" of deeds of the !lace in which the !ro!ert" is situated# and the reistrar of deeds &ust note the record thereof on the &arin of the record of the certificate of sale. The !a"&ents &entioned in this and the last !recedin sections &a" be &ade to the !urchaser or rede&!tioner# or for hi& to the officer who &ade the sale (1'a) SEC. '>. $roof re6uired of redemptioner.2 rede&!tioner &ust !roduce to the officer# or !erson fro& who& he seeks to redee&# and ser%e with his notice to the officer a co!" of the +ud&ent or final order under which he clai&s the riht to redee&# certified b" the clerk of the court wherein the +ud&ent or final order is entered or# if he redee&s u!on a &ortae or other lien# a &e&orandu& of the record thereof# certified b" the reistrar of deeds or an oriinal or certified co!" of an" assin&ent necessar" to establish his clai& and an affida%it e$ecuted b" hi& or his aent# showin the a&ount then actuall" due on the lien. ('a)
SEC. '1. !anner of using premises pending redemption; waste restrained.27ntil the e$!iration of the ti&e allowed for rede&!tion# the court &a"# as in other !ro!er cases# restrain the co&&ission of waste on the !ro!ert" b" in+unction# on the a!!lication of the !urchaser or the +ud&ent obliee# with or without notice but it is not waste for a !erson in !ossession of the !ro!ert" at the ti&e of the sale# or entitled to !ossession afterwards# durin the !eriod allowed for rede&!tion# to continue to use it in the sa&e &anner in which it was !re%iousl" used or to use it in the ordinar" course of husbandr" or to &ake the necessar" re!airs to buildins thereon while he occu!ies the !ro!ert". (''a)
concernin the sale# or because the +ud&ent has been reser%ed or set aside# or because the !ro!ert" sold was e$e&!t fro& e$ecution# or because a third !erson has %indicated his clai&# to the !ro!ert"# he &a" on &otion in the sa&e action or in a se!arate action reco%er fro& the +ud&ent obliee the !rice !aid# with interest# or so &uch thereof as has not been deli%ered to the +ud&ent oblior or he &a"# on &otion# ha%e the oriinal +ud&ent re%i%ed in his na&e for the whole !rice with interest# or so &uch thereof as has been deli%ered to the +ud&ent oblior. The +ud&ent so re%i%ed shall ha%e the sa&e force and effect as an oriinal +ud&ent would ha%e as of the date of the re%i%al and no &ore. ('/a)
SEC. '. Rents, earnings and income of property pending redemption.2The !urchaser or a rede&!tioner shall not be entitled to recei%e the rents# earnins and inco&e of the !ro!ert" sold on e$ecution# or the %alue of the use and occu!ation thereof when such !ro!ert" is in the !ossession of a tenant. ll rents# earnins and inco&e deri%ed fro& the !ro!ert" !endin rede&!tion shall belon to the +ud&ent oblior until the e$!iration of his !eriod of rede&!tion. (',a)
SEC. '. Right to contribution or reimbursement.22hen !ro!ert" liable to an e$ecution aainst se%eral !ersons is sold thereon# and &ore than a due !ro!ortion of the +ud&ent is satisfied out of the !roceeds of the sale of the !ro!ert" of one of the&# or one of the& !a"s# without a sale# &ore than his !ro!ortion# he &a" co&!el a contribution fro& the others and when a +ud&ent is u!on an obliation of one of the&# as securit" for another# and the suret" !a"s the a&ount# or an" !art thereof# either b" sale of his !ro!ert" or before sale# he &a" co&!el re!a"&ent fro& the !rinci!al. (':a)
SEC. ''. +eed and possession to be given at epiration of redemption period; by whom eecuted or given.2If no rede&!tion be &ade within one (1) "ear fro& the date of the reistration of the certificate of sale# the !urchaser is entitled to a con%e"ance and !ossession of the !ro!ert" or# if so redee&ed whene%er si$t" (/>) da"s ha%e ela!sed and no other rede&!tion has been &ade# and notice thereof i%en# and the ti&e for rede&!tion has e$!ired# the last rede&!tioner is entitled to the con%e"ance and !ossession but in all cases the +ud&ent oblior shall ha%e the entire !eriod of one (1) "ear fro& the date of the reistration of the sale to redee& the !ro!ert". The deed shall be e$ecuted b" the officer &akin the sale or b" his successor in office# and in the latter case shall ha%e the sa&e %alidit" as thouh the officer &akin the sale had continued in office and e$ecuted it. 7nder the e$!iration of the riht of rede&!tion# the !urchaser or rede&!tioner shall be substituted to and ac9uire all the rihts# title# interest and clai& of the +ud&ent oblior to the !ro!ert" as of the ti&e of the le%". The !ossession of the !ro!ert" shall be i%en to the !urchaser or last rede&!tioner b" the sa&e officer unless a third !art" is actuall" holdin the !ro!ert" ad%ersel" to the +ud&ent oblior. ('a) SEC. ',. Recovery of price if sale not effective; revival of "udgment.2If the !urchaser of real !ro!ert" sold on e$ecution# or his successor in interest# fails to reco%er the !ossession thereof# or is e%icted therefro&# in conse9uence of irreularities in the !roceedins
SEC. '/. *amination of "udgment obligor when "udgment unsatisfied.22hen the return of a writ of e$ecution issued aainst !ro!ert" of a +ud&ent oblior# or an" o ne of se%eral obliors in the sa&e +ud&ent# shows that the +ud&ent re&ains unsatisfied# in whole or in !art# the +ud&ent obliee# at an" ti&e after such return is &ade# shall be entitled to an order fro& the court which rendered the said +ud&ent# re9uirin such +ud&ent oblior to a!!ear and be e$a&ined concernin his !ro!ert" and inco&e before such court or before a co&&issioner a!!ointed b" it# at a s!ecified ti&e and !lace and !roceedins &a" thereu!on be had for the a!!lication of the !ro!ert" and inco&e of the +ud&ent oblior towards the satisfactions of the +ud&ent. *ut no +ud&ent oblior shall be so re9uired to a!!ear before a court or co&&issioner outside the !ro%ince or cit" in which such oblior resides or is found. ('
!lace within the !ro%ince or cit" where such debtor resides or is found# and be e$a&ined concernin the sa&e. The ser%ice of the order shall bind all credits due the +ud&ent oblior and all &one" and !ro!ert" of the +ud&ent oblior in the !ossession or in the control of such !erson# cor!oration# or +uridical entit" fro& the ti&e of ser%ice and the court &a" also re9uire notice of such !roceedins to be i%en to an" !art" to the action in such &anner as it &a" dee& !ro!er. ('=a) SEC. '<. *nforcement of attendance and conduct of eamination.2 !art" or other !erson &a" be co&!elled# b" an order or sub!oena# to attend before the court or co&&issioner to testif" as !ro%ided in the two !recedin sections# and u!on failure to obe" such order or sub!oena or to be sworn# or to answer as a witness or to subscribe his de!osition# &a" be !unished for conte&!t as in other cases. E$a&inations shall not be undul" !roloned# but the !roceedins &a" be ad+ourned fro& ti&e to ti&e# until the" are co&!leted. If the e$a&ination is before a co&&issioner# he &ust take it in writin and certif" it to the court. ll e$a&inations and answers before a court or co&&issioner &ust be under oath# and when a cor!oration or other +uridical entit" answers# it &ust be on the oath of an authori-ed officer or aent thereof. (,>a) SEC. '=. Obligor may pay eecution against obligee.2fter a writ of e$ecution aainst !ro!ert" has been issued# a !erson indebted to the +ud&ent oblior &a" !a" to the sheriff holdin the writ of e$ecution the a&ount of his debt or so &uch thereof as &a" be necessar" to satisf" the +ud&ent# in the &anner !rescribed in section = of this Rule and the sheriffs recei!t shall be a sufficient dischare for the a&ount so !aid or directed to be credited b" the +ud&ent obliee on the e$ecution. (,1a) SEC. ,>. Order for application of property and income to satisfaction of "udgment.2The court &a" order an" !ro!ert" of the +ud&ent oblior# or &one" due hi&# not e$e&!t fro& e$ecution# in the hands of either hi&self or another !erson# or of a cor!oration or other +uridical entit"# to be a!!lied to the satisfaction of the +ud&ent# sub+ect to an" !rior rihts o%er such !ro!ert". If# u!on in%estiation of his current inco&e and e$!enses# it a!!ears that the earnins of the +ud&ent oblior for his !ersonal ser%ices are &ore than necessar" for the su!!ort of his fa&il"# the court &a" order that he !a" the +ud&ent in fi$ed &onthl" install&ents# and u!on his failure to !a" an" such install&ent when due without ood e$cuse# &a" !unish hi& for indirect conte&!t. (,a) SEC. ,1. (ppointment of receiver.&The court &a" a!!oint a recei%er of the !ro!ert" of the +ud&ent oblior and it &a" also forbid a
transfer or other dis!osition of# or an" interference with# the !ro!ert" of the +ud&ent oblior not e$e&!t fro& e$ecution. (,'a) SEC. ,. Sale of ascertainable interest of "udgment obligor in real estate.2If it a!!ears that the +ud&ent oblior has an interest in real estate in the !lace in which !roceedins are had# as &ortaor or &ortaee or otherwise# and his interest therein can be ascertained without contro%ers"# the recei%er &a" be ordered to sell and con%e" such real estate or the interest of the oblior therein and such sale shall be conducted in all res!ects in the sa&e &anner as is !ro%ided for the sale of real estate u!on e$ecution# and the !roceedins thereon shall be a!!ro%ed b" the court before the e$ecution of the deed. (,,a) SEC. ,'. $roceedings when indebtedness denied or another person claims the property.2 If it a!!ears that a !erson or cor!oration# alleed to ha%e !ro!ert" of the +ud&ent oblior or to be indebted to hi&# clai&s an interest in the !ro!ert" ad%erse to hi& or denies the debt# the court &a" authori-e# b" an order &ade to that effect# the +ud&ent obliee to institute an action aainst such !erson or cor!oration for the reco%er" of such interest or debt# forbid a transfer or other dis!osition of such interest or debt within one hundred twent" (1>) da"s fro& notice of the order# and &a" !unish disobedience of such order as for conte&!t. Such order &a" be &odified or %acated at an" ti&e b" the court# which issued it# or b" the court in which the action is brouht# u!on such ter&s as &a" be +ust. (,a) SEC. ,,. *ntry of satisfaction of "udgment by cler) of court.—Satisfaction of a +ud&ent shall be entered b" the clerk of court in the court docket# and in the e$ecution book# u!on the return of a writ of e$ecution showin the full satisfaction of the +ud&ent# or u!on the filin of an ad&ission to the satisfaction of the +ud&ent e$ecuted and acknowleded in the sa&e &anner as a con%e"ance of real !ro!ert" b" the +ud&ent obliee or b" his counsel unless a re%ocation of his authorit" is filed# or u!on the endorse&ent of such ad&ission b" the +ud&ent obliee or his counsel on the face of the record of the +ud&ent. (,/a) SEC. ,. *ntry of satisfaction with or without admission.22hene%er a +ud&ent is satisfied in fact# or otherwise than u!on an e$ecution# on de&and of the +ud&ent oblior# the +ud&ent obliee or his counsel &ust e$ecute and acknowlede# or indorse# an ad&ission of the satisfaction as !ro%ided in the last !recedin section# and after notice and u!on &otion the court &a" order either the +ud&ent obliee or his counsel to do so# or &a" order the entr" of satisfaction to be &ade without such ad&ission. (,:a) SEC.
,/.
#hen
principal
bound
by
"udgment against surety.22hen a +ud&ent is rendered aainst a !art" who stands as suret" for another# the latter is also bound fro& the ti&e that he has notice of the action or !roceedin# and an o!!ortunit" at the suret"s re9uest to +oin in the defense. (,
&a" be re!elled b" e%idence of a want of +urisdiction# want of notice to the !art"# collusion# fraud# or clear &istake of law or fact. (>a)
APPEALS
RULE 2:
APPEAL FRO3 3U-!C!PAL TR!AL COURTS TO T) da"s after notice of the +ud&ent or final or der. The !eriod of a!!eal shall be interru!ted b" a ti&el" &otion for new trial or reconsideration. No &otion for e$tension of ti&e to file a &otion for new trial or reconsideration shall be allowed. (n) SEC. '. 3ow to appeal2The a!!eal is taken b" filin a notice of a!!eal with the court that rendered the +ud&ent or final order a!!ealed fro&. The notice of a!!eal shall indicate the !arties to the a!!eal# the +ud&ent or final order or !art thereof a!!ealed fro&# and state the &aterial dates showin the ti&eliness of the a!!eal. record on a!!eal shall be re9uired onl" in s!ecial !roceedins and in other cases of &ulti!le or se!arate a!!eals. The for& and contents of the record on a!!eal shall be as !ro%ided in section /# Rule ,1. Co!ies of the notice of a!!eal# and the record on a!!eal where re9uired# shall be ser%ed on the ad%erse !art". (n) SEC. ,. $erfection thereof.2The !erfection of effect thereof shall be !ro%isions of section =# Rule
of appeal; effect the a!!eal and the o%erned b" the ,1. (n)
SEC. . (ppellate court doc)et and other
lawful fees.22ithin the !eriod for takin an a!!eal# the a!!ellant shall !a" to the clerk of the court which rendered the +ud&ent or final order a!!ealed fro& the full a&ount of the a!!ellate court docket and other lawful fees. ;roof of !a"&ent thereof shall be trans&itted to the a!!ellate court toether with the oriinal record or the record on a!!eal# as the case &a" be. (n) SEC. /. +uty of the cler) of court.22ithin fifteen (1) da"s fro& the !erfection of the a!!eal# the clerk of court or the branch clerk of court of the lower court shall trans&it the oriinal record or the record on a!!eal# toether with the transcri!ts and e$hibits# which he shall certif" as co&!lete# to the !ro!er Reional Trial Court. co!" of his letter of trans&ittal of the records to the a!!ellate court shall be furnished the !arties. (n) SEC. :. $rocedure in the Regional Trial Court .— (a) 7!on recei!t of the co&!lete record or the record on a!!eal# the clerk of court of the Reional Trial Court shall notif" the !arties of such fact. (b) 2ithin fifteen (1) da"s fro& such notice# it shall be the dut" of the a!!ellant to sub&it a &e&orandu& which shall briefl" discuss the errors i&!uted to the lower court# a co!" of which shall be furnished b" hi& to the ad%erse !art". 2ithin fifteen (1) da"s fro& recei!t of the a!!ellants &e&orandu&# the a!!ellee &a" file his &e&orandu&. ?ailure of the a!!ellant to file a &e&orandu& shall be a round for dis&issal of the a!!eal. (c) 7!on the filin of the &e&orandu& of the a!!ellee# or the e$!iration of the !eriod to do so# the case shall be considered sub&itted for decision. The Reional Trial Court shall decide the case on the basis of the entire record of the !roceedins had in the court of oriin and such &e&oranda as are filed. (n) SEC. <. !!eal fro& orders dis&issin case without trial lack of +urisdiction.—If an a!!eal is taken fro& an order of the lower court dis&issin the case without a trial on the &erits# the Reional Trial Court &a" affir& or re%erse it# as the case &a" be. In case of affir&ance and the round of dis&issal is lack of +urisdiction o%er the sub+ect &atter# the Reional Trial Court# if it has +urisdiction thereo%er# shall tr" the case on the &erits as if the case was oriinall" filed with it. In case of re%ersal# the case shall be re&anded for further !roceedins. If the case was tried on the &erits b" the lower court without +urisdiction o%er the sub+ect &atter# the Reional Trial Court on a!!eal shall not dis&iss the case if it has oriinal +urisdiction thereof# but shall decide the case in accordance
with the !recedin section# without !re+udice to the ad&ission of a&ended !leadins and additional e%idence in the interest of +ustice. (n) SEC. =. (pplicability of Rule >.2The other !ro%isions of Rule ,1 shall a!!l" to a!!eals !ro%ided for herein insofar as the" are not inconsistent with or &a" ser%e to su!!le&ent the !ro%isions of this Rule. (n)
RULE 2+
APPEAL FRO3 T
a!!ealed fro& and ser%in a co!" thereof u!on the ad%erse !art". No record on a!!eal shall be re9uired e$ce!t in s!ecial !roceedins and other cases of &ulti!le or se!arate a!!eals where the law or these Rules so re9uire. In such cases# the record 6on a!!eal shall be filed and ser%ed in like &anner. (b) $etition for review.—The a!!eal to the Court of !!eals in cases decided b" the Reional Trial Court in the e$ercise of its a!!ellate +urisdiction shall be b" !etition for re%iew in accordance with Rule ,. (c) (ppeal by certiorari.—In all cases where onl" 9uestions of law are raised or in%ol%ed# the a!!eal shall be to the Su!re&e Court b" !etition for re%iew on certiorari in accordance with Rule ,. (n) SEC. '. $eriod of ordinary appeal, appeal in habeas corpus cases.2The a!!eal shall be taken within fifteen (1) da"s fro& notice of the +ud&ent or final order a!!ealed fro&. 2here a record on a!!eal is re9uired# the a!!ellant shall file a notice of a!!eal and a record on a!!eal within thirt" ('>) da"s fro& notice of the +ud&ent or final order. 8owe%er# an a!!eal in habeas corpus cases shall be taken within fort"6 eiht (,<) hours fro& notice of the +ud&ent or final order a!!ealed fro&. The !eriod of a!!eal shall be interru!ted b" a ti&el" &otion for new trial or reconsideration. No &otion for e$tension of ti&e to file a &otion for new trial or reconsideration shall be allowed. (n) SEC. ,. (ppellate court doc)et and other lawful fees.2 2ithin the !eriod for takin an a!!eal# the a!!ellant shall !a" to the clerk of the court which rendered the +ud&ent or final order a!!ealed fro&# the full a&ount of the a!!ellate court docket and other lawful fees. ;roof of !a"&ent of said fees shall be trans&itted to the a!!ellate court toether with the oriinal record or the record on a!!eal. (n) SEC. . %otice of appeal.2The notice of a!!eal shall indicate the !arties to the a!!eal# s!ecif" the +ud&ent or final order or !art thereof a!!ealed fro&# s!ecif" the court to which the a!!eal is bein taken# and state the &aterial dates showin the ti&eliness of the a!!eal. (,a) SEC. /. Record on appeal; form and contents thereof2The full na&es of all the !arties to the !roceedins shall be stated in the ca!tion of the record on a!!eal and it shall include the +ud&ent or final order fro& which the a!!eal is taken and# in chronoloical order# co!ies of onl" such !leadins# !etitions# &otions and all interlocutor" orders as are related to the a!!ealed +ud&ent or final order for the !ro!er
understandin of the issue in%ol%ed# toether with such data as will show that the a!!eal was !erfected on ti&e. If an issue of fact is to be raised on a!!eal# the record on a!!eal shall include b" reference all the e%idence# testi&onial and docu&entar"# taken u!on the issue in%ol%ed. The reference shall s!ecif" the docu&entar" e%idence b" the e$hibit nu&bers or letters b" which it was identified when ad&itted or offered at the hearin# and the testi&onial e%idence b" the na&es of the corres!ondin witnesses. If the whole testi&onial and docu&entar" e%idence in the case is to be included# a state&ent to that effect will be sufficient without &entionin the na&es of the witnesses or the nu&bers or letters of e$hibits. E%er" record on a!!eal e$ceedin twent" (>) !aes &ust contain a sub+ect inde$. (/a) SEC. :. (pproval of record on appeal 2 7!on the filin of the record on a!!eal for a!!ro%al and if no ob+ection is filed b" the a!!ellee within fi%e () da"s fro& recei!t of a co!" thereof# the trial court &a" a!!ro%e it as !resented or u!on its own &otion or at the instance of the a!!ellee# &a" direct its a&end&ent b" the inclusion of an" o&itted &atters which are dee&ed essential to the deter&ination of the issue of law or fact in%ol%ed in the a!!eal. If the trial court orders the a&end&ent of the record# the a!!ellant# within the ti&e li&ited in the order# or such e$tension thereof as &a" be ranted# or if no ti&e is fi$ed b" the order within ten (1>) da"s fro& recei!t thereof# shall redraft the record b" includin therein# in their !ro!er chronoloical se9uence# such additional &atters as the court &a" ha%e directed hi& to incor!orate# and shall thereu!on sub&it the redrafted record for a!!ro%al# u!on notice to the a!!ellee# in like &anner as the oriinal draft. (:a) SEC. <. oint record on appeal.22here both !arties are a!!ellants# the" &a" file a +oint record on a!!eal within the ti&e fi$ed b" section ' of this Rule# or that fi$ed b" the court. (
ti&e to a!!eal of the other !arties. In either case# !rior to the trans&ittal of the oriinal record or the record on a!!eal# the court &a" issue orders for the !rotection and !reser%ation of the rihts of the !arties which do not in%ol%e an" &atter litiated b" the a!!eal# a!!ro%e co&!ro&ises# !er&it a!!eals of indient litiants# order e$ecution !endin a!!eal in accordance with section of Rule '=# and allow withdrawal of the a!!eal. (=a) SEC. 1>. +uty of cler) of court of the lower court upon perfection of appeal.22ithin thirt" ('>) da"s after !erfection of all the a!!eals in accordance with the !recedin section# it shall be the dut" of the clerk of court of the lower court0 (a) To %erif" the correctness of the oriinal record or the record on a!!eal# as the case &a" be# and to &ake a certification of its correctness
SEC. 1. Transmittal.2The clerk of the trial court shall trans&it to the a!!ellate court the oriinal record or the a!!ro%ed record on a!!eal within thirt" ('>) da"s fro& the !erfection of the a!!eal# toether with the !roof of !a"&ent of the a!!ellate court docket and other lawful fees# a certified true co!" of the &inutes of the !roceedins# the order of a!!ro%al# the certificate of correctness# the oriinal docu&entar" e%idence referred to therein# and the oriinal and three (') co!ies of the transcri!ts. Co!ies of the transcri!ts and certified true co!ies of the docu&entar" e%idence shall re&ain in the lower court for the e$a&ination of the !arties. (11a) SEC. 1'. +ismissal of appeal.2;rior to the trans&ittal of the oriinal record or the record on a!!eal to the a!!ellate court# the trial court &a" motu proprio or on &otion dis&iss the a!!eal for ha%in been taken out of ti&e# or for non6!a"&ent of the docket and other lawful fees within the rele&entar" !eriod. (1'a)
(b) To %erif" the co&!leteness of the records that will be trans&itted to the a!!ellate court (c) If found to be inco&!lete# to take such &easures as &a" be re9uired to co&!lete the records# a%ailin of the authorit" that he or the court &a" e$ercise for this !ur!ose and (d) To trans&it records to the a!!ellate court.
the
If the efforts to co&!lete the records fail# he shall indicate in his letter of trans&ittal the e$hibits or transcri!ts not included in the records bein trans&itted to the a!!ellate court# the reasons for their non6trans&ittal# and the ste!s taken or that could be taken to ha%e the& a%ailable. The clerk of court shall furnish the !arties with co!ies of his letter of trans&ittal of the records to the a!!ellate court. (1>a) SEC. 11. Transcript.27!on the !erfection of the a!!eal# the clerk shall i&&ediatel" direct the stenora!hers concerned to attach to the record of the case fi%e () co!ies of the transcri!ts of the testi&onial e%idence referred to in the record on a!!eal. The stenora!hers concerned shall transcribe such testi&onial e%idence and shall !re!are and affi$ to their transcri!ts an inde$ containin the na&es of the witnesses and the !aes wherein their testi&onies are found# and a. list of the e$hibits and the !aes wherein each of the& a!!ears to ha%e been offered and ad&itted or re+ected b" the trial court. The transcri!ts shall be trans&itted to the clerk of the trial court who shall thereu!on arrane the sa&e in the order in which the witnesses testified at the trial# and shall cause the !aes to be nu&bered consecuti%el". (1a)
RULE 20
PET!T!O- FOR RE!E; FRO3 T>.>> for costs# and furnishin the Reional Trial Court and the ad%erse !art" with a co!" of the !etition. The !etition shall be filed and ser%ed within fifteen (1) da"s fro& notice of the decision souht to be re%iewed or of the denial of !etitioners &otion for new trial or reconsideration filed in due ti&e after +ud&ent. 7!on !ro!er &otion and the !a"&ent of the full a&ount of the docket and other lawful fees and the de!osit for costs before the e$!iration of the rele&entar" !eriod# the Court of !!eals &a" rant an additional !eriod of fifteen (1) da"s onl" within which to file the !etition for re%iew. No further e$tension shall be ranted e$ce!t for the &ost co&!ellin reason and in no case to e$ceed fifteen (1) da"s. (n) SEC. . 4orm and contents.2The !etition shall be filed in se%en (:) leible co!ies# with the oriinal co!" intended for the court bein indicated as such b" the !etitioner# and shall (a) state the full na&es of the !arties to the case# without i&!leadin the lower courts or +udes
thereof either as !etitioners or res!ondents (b) indicate the s!ecific &aterial dates showin that it was filed on ti&e (c) set forth concisel" a state&ent of the &aters in%ol%ed# the issues raised# the s!ecification of errors of fact or law# or both# alleedl" co&&itted b" the Reional Trial Court# and the reasons or aru&ents relied u!on for the allowance of the a!!eal (d) be acco&!anied b" clearl" leible du!licate oriinals or true co!ies of the +ud&ents or final orders of both lower courts# certified correct b" the clerk of court of the Reional Trial Court# the re9uisite nu&ber of !lain co!ies thereof and of the !leadins and other &aterial !ortions of the record as would su!!ort the alleations of the !etition. The !etitioner shall also sub&it toether with the !etition a certification under oath that he has not theretofore co&&enced an" other action in%ol%in the sa&e issues in the Su!re&e Court# the Court of !!eals or different di%isions thereof# or an" other tribunal or aenc" if there is such other action or !roceedin# he &ust state the status of the sa&e and if he should thereafter learn that a si&ilar action or !roceedin has been filed or is !endin before the Su!re&e Court# the Court of !!eals# or different di%isions thereof# or an" other tribunal or aenc"# he undertakes to !ro&!tl" infor& the aforesaid courts and other tribunal or aenc" thereof within fi%e () da"s therefro&. (n) SEC. '. *ffect of failure to comply with re6uirements.2The failure of the !etitioner to co&!l" with an" of the foreoin re9uire&ents reardin the !a"&ent of the docket and other lawful fees# the de!osit for costs# !roof of ser%ice of the !etition# and the contents of and the docu&ents which should acco&!an" the !etition shall be sufficient round for the dis&issal thereof. (n) SEC. ,. (ction on the petition.2The Court of !!eals &a" re9uire the res!ondent to file a co&&ent on the !etition# not a &otion to dis&iss# within ten (1>) da"s fro& notice# or dis&iss the !etition if it finds the sa&e to be !atentl" without &erit# !rosecuted &anifestl" for dela"# or that the 9uestions raised therein are too unsubstantial to re9uire consideration. (n) SEC. . Contents of comment.2The co&&ent of the res!ondent shall be filed in se%en (:) leible co!ies# acco&!anied b" certified true co!ies of such &aterial !ortions of the record referred to therein toether with other su!!ortin !a!ers and shall (a) state whether or not he acce!ts the state&ent of &atters in%ol%ed in the !etition (b) !oint out such insufficiencies or inaccuracies as he belie%es e$ist in !etitioners state&ent of &atters in%ol%ed but without re!etition and (c) state the reasons wh" the !etition should not be i%en due course. co!" thereof shall be ser%ed on the !etitioner. (n)
SEC. /. +ue course.2If u!on the filin of the co&&ent or such other !leadins as the court &a" allow or re9uire# or after the e$!iration of the !eriod for the filin thereof without such co&&ent or !leadin ha%in been sub&itted# the Court of !!eals finds prima facie that the lower court has co&&itted an error of fact or law that will warrant a re%ersal or &odification of the a!!ealed decision# it &a" accordinl" i%e due course to the !etition. (n) SEC. :. *levation of record .—2hene%er the Court of !!eals dee&s it necessar"# it &a" order the clerk of court of the Reional Trial Court to ele%ate the oriinal record of the case includin the oral and docu&entar" e%idence within fifteen (1) da"s fro& notice.(n) SEC. <. $erfection of appeal; effect thereof 2 (a) 7!on the ti&el" filin of a !etition for re%iew and the !a"&ent of the corres!ondin docket and other lawful fees# the a!!eal is dee&ed !erfected as to the !etitioner. The Reional Trial Cour t lo ses +urisdiction o%er the case u!on the !erfection of the a!!eals filed in due ti&e and the e$!iration of the ti&e to a!!eal of the other !arties. 8owe%er# before the Court of !!eals i%es due course to the !etition# the Reional Trial Court &a" issue orders for the !rotection and !reser%ation of the rihts of the !arties which do not in%ol%e an" &atter litiated b" the a!!eal# a!!ro%e corn6!ro&ises# !er&it a!!eals of indient litiants# order e$ecution !endin a!!eal in accordance with section of Rule '=# and allow withdrawal of the a!!eal. (=a# R,1) (b) E$ce!t in ci%il cases decided under the Rule on Su&&ar" ;rocedure# the a!!eal shall sta" the +ud&ent or final order unless the Court of !!eals# the law# or these Rules shall !ro%ide otherwise. (n) SEC. =. Submission for decision.2If the !etition is i%en due course# the Court of !!eals &a" set the case for oral aru&ent or re9uire the !arties to sub&it &e&oranda within a !eriod of fifteen (1) da"s fro& notice. The case shall be dee&ed sub&itted for decision u!on the filin of the last !leadin or &e&orandu& re9uired b" these Rules or b" the court itself. (n)
RULE 21
APPEALS FRO3 T=U.!C!AL A,E-C!ES TO T
SECTION 1. Scope.2This Rule shall a!!l" to a!!eals fro& +ud&ents or final orders of the Court of Ta$ !!eals and fro& awards# +ud&ents# final orders or resolutions of or authori-ed b" an" 9uasi6+udicial aenc" in the e$ercise of its 9uasi6+udicial functions. &on these aencies are the Ci%il Ser%ice Co&&ission# Central *oard of ssess&ent !!eals# Securities and E$chane Co&&ission# Office of the ;resident# Gand Reistration uthorit"# Social Securit" Co&&ission# Ci%il eronautics *oard# *ureau of ;atents# Trade&arks and Technolo" Transfer# National Electrification d&inistration# Ener" Reulator" *oard# National Teleco&&unications Co&&ission# De!art&ent of rarian Refor& under Re!ublic ct No. //:# @o%ern&ent Ser%ice Insurance S"ste&# E&!lo"ees Co&!ensation Co&&ission# ricultural In%entions *oard# Insurance Co&&ission# ;hili!!ine to&ic Ener" Co&&ission# *oard of In%est&ents# Construction Industr" rbitration Co&&ission# and %oluntar" arbitrators authori-ed b" law. (n) SEC. . Cases not covered .—This Rule shall not a!!l" to +ud&ents or final orders issued under the Gabor Code of the ;hili!!ines. (n) SEC. '. #here to appeal.2n a!!eal under this Rule &a" be taken to the Court of !!eals within the !eriod and in the &anner herein !ro%ided# whether the a!!eal in%ol%es 9uestions of fact# of law# or &i$ed 9uestions of fact and law. (n) SEC. ,. $eriod of appeal.2The a!!eal shall be taken within fifteen (1) da"s fro& notice of the award# +ud&ent# final order or resolution# or fro& the date of its last !ublication# if !ublication is re9uired b" law for its effecti%it"# or of the denial of !etitioners &otion for new trial or reconsideration dul" filed in accordance with the o%ernin law of the court or aenc" a 6uo. Onl" one (1) &otion for reconsideration shall be allowed. 7!on !ro!er &otion and the !a"&ent of the full a&ount of the docket fee before the e$!iration of the rele&entar" !eriod# the Court of !!eals &a" rant an additional !eriod of fifteen (1) da"s onl" within which to file the !etition for re%iew. No further e$tension shall be ranted e$ce!t for the &ost co&!ellin reason and in no case to e$ceed fifteen (1) da"s. (n) SEC. . 3ow appeal ta)en..2!!eal shall be taken b" filin a %erified !etition for re%iew in se%en (:) leible co!ies with the Court of !!eals# with !roof of ser%ice of a co!" thereof on the ad%erse !art" and on the court or aenc" a 6uo. The oriinal co!" of the !etition intended for the Court of !!eals shall be indicated as such b" the !etitioner. 7!on the filin of the !etition# the !etitioner shall !a" to the clerk of court of the Court of !!eals the docketin and other lawful fees and de!osit the su& of ;>>.>> for costs.
E$e&!tion fro& !a"&ent of docketin and other lawful fees and the de!osit for costs &a" be ranted b" the Court of !!eals u!on a %erified &otion settin forth %alid rounds therefor. If the Court of !!eals denies the &otion# the !etitioner shall !a" the docketin and other lawful fees and de!osit for costs within fifteen (1) da"s fro& notice of the denial. (n) SEC. /. Contents of the petition.2The !etition for re%iew shall (a) state the full na&es of the !arties to the case# without i&!leadin the court or aencies either as !etitioners or res!ondents (b) contain a concise state&ent of the facts and issues in%ol%ed and the rounds relied u!on for the re%iew (c) be acco&!anied b" a clearl" leible du!licate oriinal or a certified true co!" of the award# +ud&ent# final order or resolution a!!ealed fro&# toether with certified true co!ies of such &aterial !ortions of the record referred to therein and other su!!ortin !a!ers and (d) contain a sworn certification aainst foru& sho!!in as !ro%ided in the last !arara!h of section # Rule ,. The !etition shall state the s!ecific &aterial dates showin that it was filed within the !eriod fi$ed herein. (a) SEC. :. *ffect of failure to comply with re6uirements.2The failure of the !etitioner to co&!l" with an" of the foreoin re9uire&ents reardin the !a"&ent of the docket and other lawful fees# the de!osit for costs# !roof of ser%ice of the !etition# and the contents of and the docu&ents which should acco&!an" the !etition shall be sufficient round for the dis&issal thereof. (n) SEC. <. (ction on the petition.2The Court of !!eals &a" re9uire the res!ondent to file a co&&ent on the !etition# not a &otion to dis&iss# within ten (1>) da"s fro& notice# or dis&iss the !etition if it finds the sa&e to be !atentl" without &erit# !rosecuted &anifestl" for dela"# or that the 9uestions raised therein are too unsubstantial to re9uire consideration. (/a) SEC. =. Contents of comment.2The co&&ent shall be filed within ten (1>) da"s fro& notice in se%en (:) leible co!ies and acco&!anied b" clearl" leible certified true co!ies of such &aterial !ortions of the record referred to therein toether with other su!!ortin !a!ers. The co&&ent shall (a) !oint out insufficiencies or inaccuracies in !etitioners state&ent of facts and issues and (b) state the reasons wh" the !etition should be denied or dis&issed. co!" thereof shall be ser%ed on the !etitioner# and !roof of such ser%ice shall be filed with the Court of !!eals. (=a) SEC. 1>. +ue course.2If u!on the filin of the co&&ent or such other !leadins or docu&ents as &a" be re9uired or allowed b" the Court of !!eals or u!on the e$!iration of the !eriod for the filin thereof# and on the basis of
the !etition or the records the Court of !!eals finds prima facie that the court or aenc" concerned has co&&itted errors of fact or law that would warrant re%ersal or &odification of the award# +ud&ent# final order or resolution souht to be re%iewed# it &a" i%e due course to the !etition otherwise# it shall dis&iss the sa&e. The findins of fact of the court or aenc" concerned# when su!!orted b" substantial e%idence# shall be bindin on the Court of !!eals. (n) SEC. 11. Transmittal of record.—2ithin fifteen (1) da"s fro& notice that the !etition has been i%en due course# the Court of !!eals &a" re9uire the court or aenc" concerned to trans&it the oriinal or a leible certified true co!" of the entire record of the !roceedin under re%iew. The record to be trans&itted &a" be abrided b" aree&ent of all !arties to the !roceedin. The Court of !!eals &a" re9uire or !er&it subse9uent correction of or addition to the record. (a) SEC. 1'. Submission for decision.2If the !etition is i%en due course# the Court of !!eals &a" set the case for oral aru&ent or re9uire the !arties to sub&it &e&oranda within a !eriod of fifteen (1) da"s fro& notice. The case shall be dee&ed sub&itted for decision u!on the filin of the last !leadin or &e&orandu& re9uired b" these Rules or b" the Court of !!eals. (n)
PROCE.URE !- T
RULE 22
OR.!-AR/ APPEALE. CASES SECTION 1. Title of cases.2In all cases a!!ealed to the Court of !!eals under Rule ,1# the title of the case shall re&ain as it was in the court of oriin# but the !art" a!!ealin the case shall be further referred to as the a!!ellant and the ad%erse !art" as the a!!ellee. (1a# R,/) SEC. . Counsel and guardians.2The counsel and uardians ad litem of the !arties in the court of oriin shall be res!ecti%el" considered as their counsel and uardians ad litem in the Court of !!eals. 2hen others a!!ear or are a!!ointed# notice thereof shall be ser%ed i&&ediatel" on the ad%erse !art" and filed with the court. (a# R,/) SEC. '. Order of transmittal of record.2If
the oriinal record or the record on a!!eal is not trans&itted to the Court of !!eals within thirt" ('>) da"s after the !erfection of the a!!eal# either !art" &a" file a &otion with the trial court# with notice to the other# for the trans&ittal of such record or record on a!!eal. ('a# R,/) SEC. ,. +oc)eting of case.—7!on recei%in the oriinal record or the record on a!!eal and the acco&!an"in docu&ents and e$hibits trans&itted b" the lower court# as well as the !roof of !a"&ent of the docket and other lawful fees# the clerk of court of the Court of !!eals shall docket the case and notif" the !arties thereof. (,a# R,/) 2ithin ten (1>) da"s fro& recei!t of said notice# the a!!ellant# in a!!eals b" record on a!!eal# shall file with the clerk of court se%en (:) clearl" leible co!ies of the a!!ro%ed record on a!!eal# toether with the !roof of ser%ice of two () co!ies thereof u!on the a!!ellee. n" unauthori-ed alteration# o&ission or addition in the a!!ro%ed record on a!!eal shall be a round for dis&issal of the a!!eal. (n) SEC. . Completion of record.22here the record of the docketed case is inco&!lete# the clerk of court of the Court of !!eals shall so infor& said court and reco&&ended to it &easures necessar" to co&!lete the record. It shall be the dut" of said court to take a!!ro!riate action towards the co&!letion of the record within the shortest !ossible ti&e. (n) SEC. /. +ispensing with complete record.2 2here the co&!letion of the record could not be acco&!lished within a sufficient !eriod allotted for said !ur!ose due to insu!erable or e$tre&el" difficult causes# the court# on its own &otion or on &otion of an" of the !arties# &a" declare that the record and its acco&!an"in transcri!ts and e$hibits so far a%ailable are sufficient to decide the issues raised in the a!!eal# and shall issue an order e$!lainin the reasons for such declaration. (n) SEC. :. (ppellant?s brief.—It shall be the dut" of the a!!ellant to file with the court# within fort"6fi%e (,) da"s fro& recei!t of the notice of the clerk that all the e%idence# oral and docu&entar"# are attached to the record# se%en (:) co!ies of his leibl" t"!ewritten# &i&eora!hed or !rinted brief# with !roof of ser%ice of two () co!ies thereof u!on the a!!ellee. (1>a# R,/) SEC. <. (ppellee?s brief—2ithin fort"6fi%e (,) da"s fro& recei!t of the a!!ellants brief# the a!!ellee shall file with the court se%en (:) co!ies of his leibl" t"!ewritten# &i&eora!hed or !rinted brief# with !roof of ser%ice of two () co!ies thereof u!on the a!!ellant. (11a# R,/) SEC. =. (ppellant?s reply brief.—2ithin twent" (>) da"s fro& recei!t of the a!!ellees
brief# the a!!ellant &a" file a re!l" brief answerin !oints in the a!!ellees brief not co%ered in his &ain brief. (1# R,/) SEC. 1>. Time of filing memoranda in special cases.2In certiorari# !rohibition# &anda&us# 6uo warranto and habeas corpus cases# the !arties shall file# in lieu of briefs# their res!ecti%e &e&oranda within a non6e$tendible !eriod of thirt" ('>) da"s fro& recei!t of the notice issued b" the clerk that all the e%idence# oral and docu&entar"# is alread" attached to the record. (1'a# R,/) The failure of the a!!ellant to file his &e&orandu& within the !eriod therefor &a" be a round for dis&issal of the a!!eal. (n) SEC. 11. Several appellants or appellees or several counsel for each party.2#here there are se%eral a!!ellants or a!!ellees# each counsel re!resentin one or &ore but not all of the& shall be ser%ed with onl" one co!" of the briefs. 2hen se%eral counsel re!resent one a!!ellant or a!!ellee# co!ies of the brief &a" be ser%ed u!on an" of the&. (1,a# R,/) SEC. 1. *tension of time for filing briefs. 2*tension of ti&e for the filin of briefs will not be allowed# e$ce!t for ood and sufficient cause# and onl" if the &otion for e$tension is filed before the e$!iration of the ti&e souht to be e$tended. (1# R,/) SEC. 1'. Contents of appellant?s brief.2 The a!!ellants brief shall contain# in the order herein indicated# the followin0 (a) sub+ect inde$ of the &atter in the brief with a diest of the aru&ents and !ae references# and a table of cases al!habeticall" arraned# te$tbooks and statutes cited with references to the !aes where the" are cited (b) n assin&ent of errors intended to be ured# which errors shall be se!aratel"# distinctl" and concisel" stated without re!etition and nu&bered consecuti%el" (c) 7nder the headin 4State&ent of the Case#5 a clear and concise state&ent of the nature of the action# a su&&ar" of the !roceedins# the a!!ealed rulins and orders of the court# the nature of the +ud&ent and an" other &atters necessar" to an understandin of the nature of the contro%ers"# with !ae references to the record (d) 7nder the headin 4State&ent of ?acts#5 a clear and concise state&ent in a narrati%e for& of the facts ad&itted b" both !arties and of those in contro%ers"# toether with the substance of the !roof relatin thereto in sufficient detail to &ake it clearl" intelliible# with !ae references
to the record (e) clear and concise state&ent of the issues of fact or law to be sub&itted to the court for its +ud&ent (f) 7nder the headin 4ru&ent#5 the a!!ellants aru&ents on each assin&ent of error with !ae references to the record. The authorities relied u!on shall be cited b" the !ae of the re!ort at which the case beins and the !ae of the re!ort on which the citation is found0 () 7nder the headin 4Relief#5 a s!ecification of the order or +ud&ent which the a!!ellant seeks and (h) In cases not brouht u! b" record on a!!eal# the a!!ellants brief shall contain# as an a!!endi$# a co!" of the +ud&ent or final order a!!ealed fro&. (1/a# R,/) SEC. 1,. Contents of appellee?s brief.2The a!!ellees brief shall contain# in the order herein indicated# the followin0 (a) sub+ect inde$ of the &atter in the brief with a diest of the aru&ents and !ae references# and a table of cases al!habeticall" arraned# te$tbooks and statutes cited with references to the !aes where the" are cited (b) 7nder the headin 4State&ent of ?acts#5 the a!!ellee shall state that he acce!ts the state&ent of facts in the a!!ellants brief# or under the headin 4Counter6State&ent of ?acts#5 he shall !oint out such insufficiencies or inaccuracies as he belie%es e$ist in the a!!ellants state&ent of facts with references to the !aes of the record in su!!ort thereof# but without re!etition of &atters in the a!!ellants state&ent of facts and (c) 7nder the headin 4ru&ent#5 the a!!ellee shall set forth his aru&ents in the case on each assin&ent of error with !ae references to the record. The authorities relied on shall be cited b" the !ae of the re!ort at which the case beins and the !ae of the re!ort on which the citation is found. SEC. 1. 8uestions that may be raised on appeal.&2hether or not the a!!ellant has filed a &otion for new trial in the court below# he &a" include in his assin&ent of errors an" 9uestion of law or fact that has been raised in the court below and which is within the issues fra&ed b" the !arties.
RULE 25
APPEAL / CERT!ORAR! TO T) da"s onl" within which to file the !etition. (1a# a) SEC. '. +oc)et and other lawful fees; proof of service of petition.27nless he has theretofore done so# the !etitioner shall !a" the corres!ondin docket and other lawful fees to the clerk of court of the Su!re&e Court and de!osit the a&ount of ;>>.>> for costs at the ti&e of the filin of the !etition. ;roof of ser%ice of a co!" thereof on the lower court concerned and on the ad%erse !art" shall be sub&itted toether with the !etition. (1a) SEC. ,. Contents of petition2The !etition shall be filed in eihteen (1<) co!ies# with the oriinal co!" intended for the court bein indicated as such b" the !etitioner# and shall (a) state the full na&e of the a!!ealin !art" as the !etitioner and the ad%erse !art" as res!ondent# without i&!leadin the lower courts or +udes thereof either as !etitioners or res!ondents (b) indicate the &aterial dates showin when notice of the +ud&ent or final order or resolution sub+ect thereof was recei%ed# when a &otion for new trial or reconsideration# if an"# was filed and when notice of the denial thereof was recei%ed (c) set forth concisel" a state&ent of the &atters in%ol%ed# and the reasons or aru&ents relied on for the allowance of the !etition (d) be acco&!anied b" a clearl" leible du!licate oriinal# or a certified true co!" of the +ud&ent or final order or resolution certified b" the clerk of court of the court a 6 uo and the re9uisite nu&ber of !lain co!ies thereof# and such &aterial !ortions of the record as would su!!ort the !etition and (e) contain a sworn certification aainst foru& sho!!in as !ro%ided
in the last !arara!h of section # Rule ,. SEC. . +ismissal or denial of petition.2 The failure of the !etitioner to co&!l" with an" of the foreoin re9uire&ents reardin the !a"&ent of the docket and other lawful fees# de!osit for costs# !roof of ser%ice of the !etition# and the contents of and the docu&ents which should acco&!an" the !etition shall be sufficient round for the dis&issal thereof. The Su!re&e Court &a" on its own initiati%e den" the !etition on the round that the a!!eal is without &erit# or is !rosecuted &anifestl" for dela"# or that the 9uestions raised therein are too unsubstantial to re9uire consideration. SEC. /. Review discretionary.2 re%iew is not a &atter of riht# but of sound +udicial discretion# and will be ranted onl" when there are s!ecial and i&!ortant reasons therefor. The followin# while neither controllin nor full" &easurin the courts discretion# indicate the character of the reasons which will be considered0 (a) 2hen the court a 9uo has decided a 9uestion of substance# not theretofore deter&ined b" the Su!re&e Court# or has decided it in a wa" !robabl" not in accord with law or with the a!!licable decisions of the Su!re&e Court or (b) 2hen the court a 9uo has so far de!arted fro& the acce!ted and usual course of +udicial !roceedins# or so far sanctioned such de!arture b" a lower court# as to call for an e$ercise of the !ower of su!er%ision. (,a) SEC. :. $leadings and documents that may be re6uired; sanctions.2?or !ur!oses of deter&inin whether the !etition should be dis&issed or denied !ursuant to section of this Rule# or where the !etition is i%en due course under section < hereof# the Su!re&e Court &a" re9uire or allow the filin of such !leadins# briefs# &e&oranda or docu&ents as it &a" dee& necessar" within such !eriods and under such conditions as it &a" consider a!!ro!riate# and i&!ose the corres!ondin sanctions in case of non6filin or unauthori-ed filin of such !leadins and docu&ents or nonco&!liance with the conditions thereof. (n) SEC. <. +ue course; elevation of records.2 If the !etition is i%en due course# the Su!re&e Court &a" re9uire the ele%ation of the co&!lete record of the case or s!ecified !arts thereof within fifteen (1) da"s fro& notice. (a) SEC. =. Rule applicable to both civil and criminal cases.2The &ode of a!!eal !rescribed in this Rule shall be a!!licable to both ci%il and cri&inal cases# e$ce!t in cri&inal cases where the !enalt" i&!osed is death# reclusion perpetua
or life i&!rison&ent. (n)
RULE 24
OR!,!-AL CASES
the Court of !!eals or different di%isions thereof# or an" other tribunal or aenc" if there is such other action or !roceedin# he &ust state the status of the sa&e and if he should thereafter learn that a si&ilar action or !roceedin has been filed or is !endin before the Su!re&e Court# the Court of !!eals# or different di%isions thereof# or an" other tribunal or aenc"# he undertakes to !ro&!tl" infor& the aforesaid courts and other tribunal or aenc" thereof within fi%e () da"s therefro&.
SECTION 1. Title of cases.2In all cases oriinall" filed in the Court of !!eals# the !art" institutin the action shall be called the !etitioner and the o!!osin !art" the res!ondent. (1a)
The !etitioner shall !a" the corres!ondin docket and other lawful fees to the clerk of court and de!osit the a&ount of ;>>.>> for costs at the ti&e of the filin of the !etition.
SEC. . To what actions applicable.2This Rule shall a!!l" to oriinal actions for certiorari # !rohibition# mandamus and 6uo warranto.
The failure of the !etitioner to co&!l" with an" of the foreoin re9uire&ents shall be sufficient round for the dis&issal of the !etition. (n)
E$ce!t as otherwise !ro%ided# the actions for annul&ent of +ud&ent shall be o%erned b" Rule ,:# for certiorari# !rohibition and &anda&us b" Rule /# and for 6uo warranto b" Rule //. (n) SEC. '. Contents and filing of petition; effect of non&compliance with re6uirements.2 The !etition shall contain the full na&es and actual addresses of all the !etitioners and res!ondents# a concise state&ent of the &atters in%ol%ed# the factual backround of the case# and the rounds relied u!on for the relief !ra"ed for. In actions filed under Rule /# the !etition shall further indicate the &aterial dates showin when notice of the +ud&ent or final order or resolution sub+ect thereof was recei%ed# when a &otion for new trial or reconsideration# if an"# was filed and when notice of the denial thereof was recei%ed. It shall be filed in se%en (:) clearl" leible co!ies toether with !roof of ser%ice thereof on the res!ondent with the oriinal co!" intended for the court indicated as such b" the !etitioner# and shall be acco&!anied b" a clearl" leible du!licate oriinal or certified true co!" of the +ud&ent# order# resolution# or rulin sub+ect thereof# such &aterial !ortions of the record as are referred to therein# and other docu&ents rele%ant or !ertinent thereto. The certification shall be acco&!lished b" the !ro!er clerk of court or b" his dul" authori-ed re!resentati%e# or b" the !ro!er officer of the court# tribunal# aenc" or office in%ol%ed or b" his dul" authori-ed re!resentati%e. The other re9uisite nu&ber of co!ies of the !etition shall be acco&!anied b" clearl" leible !lain co!ies of all docu&ents attached to the oriinal. The !etitioner shall also sub&it toether with the !etition a sworn certification that he has not theretofore co&&enced an" other action in%ol%in the sa&e issues in the Su!re&e Court#
SEC. ,. urisdiction over person of respondent, how ac6uired.2The court shall ac9uire +urisdiction o%er the !erson of the res!ondent b" the ser%ice on hi& of its order or resolution indicatin its initial action on the !etition or b" his %oluntar" sub&ission to such +urisdiction. (n) SEC. . (ction by the court.2The court &a" dis&iss the !etition outriht with s!ecific reasons for such dis&issal or re9uire the res!ondent to file a co&&ent on the sa&e within ten (1>) da"s fro& notice. Onl" !leadins re9uired b" the court shall be allowed. ll other !leadins and !a!ers# &a" be filed onl" with lea%e of court. (n) SEC. /. +etermination of factual issues— 2hene%er necessar" to resol%e factual issues# the court itself &a" conduct hearins thereon or deleate the rece!tion of the e%idence on such issues to an" o f its &e&bers or to an a!!ro!riate court# aenc" or office. (n) SEC. <. *ffect of failure to file comment.2 2hen no co&&ent is filed b" an" of the res!ondents# the case &a" be decided on the basis of the record# without !re+udice to an" disci!linar" action which the court &a" take aainst the disobedient !art". (n)
RULE 27
A--UL3E-T OF =U.,3E-TS OR F!-AL OR.ERS A-. RESOLUT!O-S SECTION 1. Coverage.2This Rule shall o%ern the annul&ent b" the Court of !!eals of +ud&ents or final orders and resolutions in ci%il actions of Reional Trial Courts for which the
ordinar" re&edies of new trial# a!!eal# !etition for relief or other a!!ro!riate re&edies are no loner a%ailable throuh no fault of the !etitioner. (n) SEC. . -rounds for annulment.2The annul&ent &a" be based onl" on the rounds of e$trinsic fraud and lack of +urisdiction. E$trinsic fraud shall not be a %alid round if it was a%ailed of# or could ha%e been a%ailed of# in a &otion for new trial or !etition for relief. (n) SEC. '. $eriod for filing action.2If based on e$trinsic fraud# the action &ust be filed within four (,) "ears fro& its disco%er" and if based on lack of +urisdiction# before it is barred b" laches or esto!!el. (n) SEC. ,. 4iling and contents of petition.2 The action shall be co&&enced b" filin a %erified !etition allein therein with !articularit" the facts and the law relied u!on for annul&ent# as well as those su!!ortin the !etitioners ood and substantial cause of action or defense# as the case &a" be. The !etition shall be filed in se%en (:) clearl" leible co!ies# toether with sufficient co!ies corres!ondin to the nu&ber of res!ondents. certified true co!" of the +ud&ent or final order or resolution shall be attached to the oriinal co!" of the !etition intended for the court and indicated as such b" the !etitioner. The !etitioner shall also sub&it toether with the !etition affida%its of witnesses or docu&ents su!!ortin the cause of action or defense and a sworn certification that he has not theretofore co&&enced an" other action in%ol%in the sa&e issues in the Su!re&e Court# the Court of !!eals or different di%isions thereof# or an" other tribunal or aenc" if there is such other action or !roceedin# he &ust state the status of the sa&e# and if he should thereafter learn that a si&ilar action or !roceedin has been filed or is !endin before the Su!re&e Court# the Court of !!eals# or different di%isions thereof# or an" other tribunal or aenc"# he undertakes to !ro&!tl" infor& the aforesaid courts and other tribunal or aenc" thereof within fi%e (> da"s therefro&. (n) SEC. . (ction by the court.—Should the court find no substantial &erit in the !etition# the sa&e &a" be dis&issed outriht with s!ecific reasons for such dis&issal. Should prima facie &erit be found in the !etition# the sa&e shall be i%en due course and su&&ons shall be ser%ed on the res!ondent. (n) SEC. /. $rocedure.2The !rocedure in ordinar" ci%il cases shall be obser%ed. Should a trial be necessar"# the rece!tion of the e%idence &a" be referred to a &e&ber of the court or a +ude of a Reional Trial Court. (n)
SEC. :. *ffect of "udgment& +ud&ent of annul&ent shall set aside the 9uestioned +ud&ent or final order or resolution and render the sa&e null and %oid# without !re+udice to the oriinal action bein refiled in the !ro!er court. 8owe%er# where the +ud&ent or final order or resolution is set aside on the round of e$trinsic fraud# the court &a" on &otion order the trial court to tr" the case as if a ti&el" &otion for new trial had been ranted therein. (n) SEC. <. Suspension of prescriptive period. 2The !rescri!ti%e !eriod for the refilin of the aforesaid oriinal action shall be dee&ed sus!ended fro& the filin of said oriinal action until the finalit" of the +ud&ent of annul&ent. 8owe%er# the !rescri!ti%e !eriod shall not be sus!ended where the e$trinsic fraud is attributable to the !laintiff in the oriinal action. (n) SEC. =. Relief available.2The +ud&ent of annul&ent &a" include the award of da&aes# attorne"s fees and other relief. If the 9uestioned +ud&ent or final order or resolution had alread" been e$ecuted# the court &a" issue such orders of restitution or other relief as +ustice and e9uit" &a" warrant under the circu&stances. (n) SEC. 1>. (nnulment of "udgments or final orders of !unicipal Trial Courts.2n action to annul a +ud&ent or final order of a 3unici!al Trial Court shall be filed in the Reional Trial Court ha%in +urisdiction o%er the for&er. It shall be treated as an ordinar" ci%il action and sections # '# ,# :# < and = of this Rule shall be a!!licable thereto. (n)
RULE 28
PREL!3!-AR/ CO-FERE-CE SECTION 1. $reliminary conference.2t an" ti&e durin the !endenc" of a case# the court &a" call the !arties and their counsel to a !reli&inar" conference. (a) To consider the !ossibilit" of an a&icable settle&ent# e$ce!t when the case is not allowed b" law to be co&!ro&ised (b) To define# si&!lif" and clarif" the issues for deter&ination (c) To for&ulate sti!ulations of facts and ad&issions of docu&entar" e$hibits# li&it the nu&ber of witnesses to be !resented in cases fallin within the oriinal +urisdiction of the court# or those within its a!!ellate +urisdiction where a &otion for new trial is ranted on the round of newl" disco%ered e%idence and
(d) To take u! such other &atters which &a" aid the court in the !ro&!t dis!osition of the case. (Rule :# C Internal Rules) (n) SEC. . Record of the conference.2The !roceedins at such conference shall be recorded and# u!on the conclusion thereof# a resolution shall be issued e&bod"in all the actions taken therein# the sti!ulations and ad&issions &ade# and the issues defined. (n)
Court of !!eals# on its own &otion or on that of the a!!ellee# on the followin rounds0 (a) ?ailure of the record on a!!eal to show on its face that the a!!eal was taken within the !eriod fi$ed b" these Rules (b) ?ailure to file the notice of a!!eal or the record on a!!eal within the !eriod !rescribed b" these Rules
SEC. '. 1inding effect of the results of the conference.2Sub+ect to such &odifications which &a" be &ade to !re%ent &anifest in+ustice# the resolution in the !recedin section shall control the subse9uent !roceedins in the case unless# within fi%e () da"s fro& notice thereof# an" !art" shall satisfactoril" show %alid cause wh" the sa&e should not be followed. (n)
(c) ?ailure of the a!!ellant to !a" the docket and other lawful fees as !ro%ided in section , of Rule ,1
RULE 29
(f) bsence of s!ecific assin&ent of errors in the a!!ellants brief# or of !ae references to the record as re9uired in section 1'# !arara!hs (a)# (c)# (d) and (f) of Rule ,,
ORAL AR,U3E-T
() ?ailure of the a!!ellant to take the necessar" ste!s for the correction or co&!letion of the record within the ti&e li&ited b" the court in its order
SECTION 1. #hen allowed.2t its own instance or u!on &otion of a !art"# the court &a" hear the !arties in oral aru&ent on the &erits of a case# or on an" &aterial incident in connection therewith. (n) The oral aru&ent shall be li&ited to such &atters as the court &a" s!ecif" in its order of resolution. (1a# R,<) SEC. . Conduct of oral argument27nless authori-ed b" the court# onl" one counsel &a" arue for a !art". The duration allowed for each !art"# the se9uence of the aru&entation# and all other related &atters shall be as directed b" the court. (n) SEC. '. %o hearing or oral argument for motions.23otions shall not be set for hearin and# unless the court otherwise directs# no hearin or oral aru&ent shall be allowed in su!!ort thereof. The ad%erse !art" &a" file ob+ections to the &otion within fi%e () da"s fro& ser%ice# u!on the e$!iration of which such &otion shall be dee&ed sub&itted for resolution. (a# R,=)
(d) 7nauthori-ed alterations# o&issions or additions in the a!!ro%ed record on a!!eal as !ro%ided in section , of Rule ,, (e) ?ailure of the a!!ellant to ser%e and file the re9uired nu&ber of co!ies of his brief or &e&orandu& within the ti&e !ro%ided b" these Rules
(h) ?ailure of the a!!ellant to a!!ear at the !reli&inar" conference under Rule ,< or to co&!l" with orders# circulars# or directi%es of the court without +ustifiable cause and (i) The fact that order or +ud&ent a!!ealed fro& is not a!!ealable. (1a) SEC. . +ismissal of improper appeal to the Court of (ppeals.2n a!!eal under Rule ,1 taken fro& the Reional Trial Court to the Court of !!eals raisin onl" 9uestions of law shall be dis&issed# issues !urel" of law not bein re%iewable b" said court. Si&ilarl"# an a!!eal b" notice of a!!eal instead of b" !etition for re%iew fro& the a!!ellate +ud&ent of a Reional Trial Court shall be dis&issed. (n) n a!!eal erroneousl" taken to the Court of !!eals shall not be transferred to the a!!ro!riate court but shall be dis&issed outriht. ('a)
RULE 5:
SEC. '. #ithdrawal of appeal.2n a!!eal &a" be withdrawn as of riht at an" ti&e before the filin of the a!!ellees brief. Thereafter# the withdrawal &a" be allowed in the discretion of the court. (,a)
.!S3!SSAL OF APPEAL
RULE 5+
SECTION 1. -rounds for dismissal of appeal2n a!!eal &a" be dis&issed b" the
=U.,3E-T SECTION 1. #hen case deemed submitted for "udgment.2 case shall be dee&ed sub&itted for +ud&ent0 .
In ordinar" a!!eals.—
1) 2here no hearin on the &erits of the &ain case is held# u!on the filin of the last !leadin# brief# or &e&orandu& re9uired b" the Rules or b" the court itself# or the e$!iration of the !eriod for its filin. ) 2here such a hearin is held# u!on its ter&ination or u!on the filin of the last !leadin or &e&orandu& as &a" be re9uired or !er&itted to be filed b" the court# or the e$!iration of the !eriod for its filin. *. In oriinal !etitions for re%iew.—
actions
and
1) 2here no co&&ent is filed# u!on the e$!iration of the !eriod to co&&ent. ) 2here no hearin is held# u!on the filin of the last !leadin re9uired or !er&itted to be filed b" the court# or the e$!iration of the !eriod for its filin. ') 2here a hearin on the &erits of the &ain case is held# u!on its ter&ination or u!on the filin of the last !leadin or &e&orandu& as &a" be re9uired or !er&itted to be filed b" the court# or the e$!iration of the !eriod for its filin. (n) SEC. . 1y whom rendered.2The +ud&ent shall be rendered b" the &e&bers of the court who !artici!ated in the deliberation on the &erits of the case before its assin&ent to a &e&ber for the writin of the decision. (n) SEC. '. 8uorum and voting in the court2 The !artici!ation of all three ustices of a di%ision shall be necessar" at the deliberation and the unani&ous %ote of the three ustices shall be re9uired for the !ronounce&ent of a +ud&ent or final resolution. If the three ustices do not reach a unani&ous %ote# the clerk shall enter the %otes of the dissentin ustices in the record. Thereafter# the Chair&an of the di%ision shall refer the case# toether with the &inutes of the deliberation# to the ;residin ustice who shall desinate two ustices chosen b" raffle fro& a&on all the other &e&bers of the court to sit te&!oraril" with the&# for&in a s!ecial di%ision of fi%e ustices. The !artici!ation of all the fi%e &e&bers of the s!ecial di%ision shall be necessar" for the deliberation re9uired in section of this Rule and the concurrence of a &a+orit" of such di%ision shall be re9uired for the !ronounce&ent of a +ud&ent or final resolution. (a) SEC. . +isposition of a case.2The Court of !!eals# in the e$ercise of its a!!ellate +urisdiction# &a" affir&# re%erse# or &odif" the
+ud&ent or final order a!!ealed fro&# and &a" direct a new trial or further !roceedins to be had. ('a) SEC. . 4orm of decision.2E%er" decision or final resolution of the court in a!!ealed cases shall clearl" and distinctl" state the findins of fact and the conclusions of law on which it is based# which &a" be contained in the decision or final resolution itself# or ado!ted fro& those set forth in the decision# order# or resolution a!!ealed fro&. (Sec. ,># *; *l. 1=) (n) SEC. /. 3armless error.2No error in either the ad&ission or the e$clusion of e%idence and no error or defect in an" rulin or order or in an"thin done or o&itted b" the trial court or b" an" of the !arties is round for rantin a new trial or for settin aside# &odif"in# or otherwise disturbin a +ud&ent or order# unless refusal to take such action a!!ears to the court inconsistent with substantial +ustice. The court at e%er" stae of the !roceedin &ust disreard an" error or defect which does not affect the substantial rihts of the !arties. (a) SEC. :. udgment where there are several parties.2In all actions or !roceedins# an a!!ealed +ud&ent &a" be affir&ed as to so&e of the a!!ellants# and re%ersed as to others# and the case shall thereafter be !roceeded with# so far as necessar"# as if se!arate actions had been beun and !rosecuted and e$ecution of the +ud&ent of affir&ance &a" be had accordinl"# and costs &a" be ad+uded in such cases# as the court shall dee& !ro!er. (/) SEC. <. 8uestions that may be decided.2 No error which does not affect the +urisdiction o%er the sub+ect &atter or the %alidit" of the +ud&ent a!!ealed fro& or the !roceedins therein will be considered unless stated in the assin&ent of errors# or closel" related to or de!endent on an assined error and !ro!erl" arued in the brief# sa%e as the court &a" !ass u!on !lain errors and clerical errors. (:a) SEC. =. $romulgation and notice of "udgment.2fter the +ud&ent or final resolution and dissentin or se!arate o!inions# if an"# are sined b" the ustices takin !art# the" shall be deli%ered for filin to the clerk who shall indicate thereon the date of !ro&ulation and cause true co!ies thereof to be ser%ed u!on the !arties or their counsel. (n) SEC. 1>. *ntry of "udgments and final resolutions.2If no a!!eal or &otion for new trial or reconsideration is filed within the ti&e !ro%ided in these Rules# the +ud&ent or final resolution shall forthwith be entered b" the clerk in the book of entries of +ud&ents. The date when the +ud&ent or final resolution beco&es e$ecutor" shall be dee&ed as the date of its entr". The record shall contain the dis!ositi%e !art of the +ud&ent or final resolution and shall be sined b" the clerk# with a certificate that such +ud&ent or final resolution has beco&e
final and e$ecutor". (a# R'/) SEC. 11. *ecution of +ud&ent.— E$ce!t where the +ud&ent or final order or resolution# o r a !ortion thereof# is ordered to be i&&ediatel" e$ecutor"# the &otion for its e$ecution &a" onl" be filed in the !ro!er court after its entr". In oriinal actions in the Court of !!eals# its writ of e$ecution shall be acco&!anied b" a certified true co!" of the entr" of +ud&ent or final resolution and addressed to an" a!!ro!riate officer for its enforce&ent. In a!!ealed cases# where the &otion for e$ecution !endin a!!eal is filed in the Court of !!eals at a ti&e that it is in !ossession of the oriinal record or the record on a!!eal# the resolution rantin such &otion shall be trans&itted to the lower court fro& which the case oriinated# toether with a certified true co!" of the +ud&ent or final order to be e$ecuted# with a directi%e for such court of o riin to issue the !ro!er writ fo r its enforce&ent. (n)
-E; TR!AL SECTION 1. $eriod for filing; ground.2t an" ti&e after the a!!eal fro& the lower court has been !erfected and before the Court of !!eals loses +urisdiction o%er the case# a !art" &a" file a &otion for a new trial on the round of newl" disco%ered e%idence which could not ha%e been disco%ered !rior to the trial in the court below b" the e$ercise of due dilience and which is of such a character as would !robabl" chane the result. The &otion shall be acco&!anied b" affida%its showin the facts constitutin the rounds therefor and the newl" disco%ered e%idence. (1a) SEC. . 3earing and order.2The Court of !!eals shall consider the new e%idence toether with that adduced at the trial below# and &a" rant or refuse a new trial# or &a" &ake such order# with notice to both !arties# as to the takin of further testi&on"# either orall" in court# or b" de!ositions# or render such other +ud&ent as ouht to be rendered u!on such ter&s as it &a" dee& +ust. (a)
RULE 50
SEC. '. Resolution of motion2In the Court of !!eals# a &otion for new trial shall be resol%ed within ninet" (=>) da"s fro& the date when the court declares it sub&itted for resolution. (n)
3OT!O- FOR RECO-S!.ERAT!O-
SEC. ,. $rocedure in new trial —7nless the court otherwise directs# the !rocedure in the new trial shall be the sa&e as that ranted b" a Reional Trial Court. ('a)
SECTION 1. $eriod for filing.2 !art" &a" file a &otion for reconsideration of a +ud&ent or final resolution within fifteen (1) da"s fro& notice thereof# with !roof of ser%ice on the ad%erse !art". (n) SEC. . Second motion for reconsideration. 2No second &otion for reconsideration of a +ud&ent or final resolution b" the sa&e !art" shall be entertained. (n) SEC. '. Resolution of motion..2In the Court of !!eals# a &otion for reconsideration shall be resol%ed within ninet" (=>) da"s fro&# the date when the court declares it sub&itted for resolution. (n) SEC. ,. Stay of eecution.2The !endenc" of a &otion for reconsideration filed on ti&e and b" the !ro!er !art" shall sta" the e$ecution of the +ud&ent or final resolution souht to be reconsidered unless the court# for ood reasons# shall otherwise direct. (n)
RULE 51
RULE 52
!-TER-AL US!-ESS SECTION 1. +istribution of cases among divisions.2ll the cases of the Court of !!eals shall be allotted a&on the different di%isions thereof for hearin and decision. The Court of !!eals# sittin en banc, shall &ake !ro!er orders or rules to o%ern the allot&ent of cases a&on the different di%isions# the constitution of such di%isions# the reular rotation of ustices a&on the&# the filin of %acancies occurrin therein# and other &atters relatin to the business of the court and such rules shall continue in force until re!ealed or altered b" it or b" the Su!re&e Court. (1a) SEC. . 8uorum of the court.2 &a+orit" of the actual &e&bers of the court shall constitute a 9uoru& for its sessions en banc. Three &e&bers shall constitute a 9uoru& for the sessions of a di%ision. The affir&ati%e %otes of the &a+orit" of the &e&bers !resent shall be necessar" to !ass a resolution of the court en
banc. The affir&ati%e %otes of three &e&bers of a di%ision shall be necessar" for the !ronounce&ent of a +ud&ent or final r esolution# which shall be reached in consultation before the writin of the o!inion b" an" &e&ber of the di%ision. (Sec. 11# first !ar. of *; *l. 1=# as a&ended b" Sec. / of EO ''). ('a)
RULE 55
PUL!CAT!O- OF =U.,3E-TS A-. F!-AL RESOLUT!O-S SECTION 1. $ublication.2The +ud&ents and final resolutions of the court shall be !ublished in the Official @a-ette and in the Re!orts officiall" authori-ed b" the court in the lanuae in which the" ha%e been oriinall" written# toether with the s"llabi therefor !re!ared b" the re!orter in consultation with the writers thereof. 3e&oranda of all other +ud&ents and final resolutions not so !ublished shall be &ade b" the re!orter and !ublished in the Official @a-ette and the authori-ed re!orts. (1a) SEC. . $reparation of opinions for publication.2The re!orter shall !re!are and !ublish with each re!orted +ud&ent and final resolution a concise s"no!sis of the facts necessar" for a clear understandin of the case# the na&es of counsel# the &aterial and contro%erted !oints in%ol%ed# the authorities cited therein# and a s"llabus which shall be confined to !oints of law. (Sec. a# R.. No. =/) (n) SEC. '. -eneral ma)e&up of volumes.2The !ublished decisions and final resolutions of the Su!re&e Court shall be called 4;hili!!ine Re!orts#5 while those of the Court of !!eals shall be known as the 4Court of !!eals Re!orts.5 Each %olu&e thereof shall contain a table of the cases re!orted and the cases cited in the o!inions# with a co&!lete al!habetical inde$ of the sub+ect &atters of the %olu&e. It shall consist of not less than se%en hundred# !aes !rinted u!on ood !a!er# well bound and nu&bered consecuti%el" in the order of the %olu&es !ublished. (Sec. 'a# R.. No. =/) (n)
PROCE.URE !- T
RULE 54
OR!,!-AL A-. APPEALE. CASES A6 Ori'inal Cases SECTION 1. Original cases cogni5able.2 Onl" !etitions for certiorari# !rohibition# &anda&us# 9uo warranto# habeas cor!us# disci!linar" !roceedins aainst &e&bers of the +udiciar" and attorne"s# and cases affectin a&bassadors# other !ublic &inisters and consuls &a" be filed oriinall" in the Su!re&e Court. (n) SEC. . Rules applicable.2The !rocedure in oriinal cases for certiorari# !rohibition# &anda&us# 9uo warranto and habeas cor!us shall be in accordance with the a!!licable !ro%isions of the Constitution# laws# and Rules ,/# ,<# ,=# 1# and this Rule# sub+ect to the followin !ro%isions0 a) ll references in said Rules to the Court of !!eals shall be understood to also a!!l" to the Su!re&e Court b) The !ortions of said Rules dealin strictl" with and s!ecificall" intended for a!!ealed cases in the Court of !!eals shall not be a!!licable and c) Eihteen (1<) clearl" leible co!ies of the !etition shall be filed# toether with !roof of ser%ice on all ad%erse !arties. The !roceedins for disci!linar" action aainst &e&bers of the +udiciar" shall be o%erned b" the laws and Rules !rescribed therefor# and those aainst attorne"s b" Rule 1'=6*# as a&ended. (n) 6 Appeale& Cases SEC. '. !ode of appeal2n a!!eal to the Su!re&e Court &a" be taken onl" b" a !etition for re%iew on certiorari# e$ce!t in cri&inal cases where the !enalt" i&!osed is death# reclusion perpetua or life i&!rison&ent. (n) SEC. ,. $rocedure.2The a!!eal shall be o%erned b" and dis!osed of in accordance with the a!!licable !ro%isions of the Constitution# laws# Rules ,# ,<# sections 1# # and to 11 of Rule 1# and this Rule. (n) SEC. . -rounds for dismissal of appeal.2 The a!!eal &a" be dis&issed motu proprio or on &otion of the res!ondent on the followin rounds0 (a) ?ailure to take the a!!eal within the rele&entar" !eriod (b)
Gack of &erit in the !etition
(c) ?ailure to !a" the re9uisite docket fee and other lawful fees or to &ake a de!osit for costs (d) ?ailure to co&!l" with the re9uire&ents reardin !roof of ser%ice and contents of and the docu&ents which should acco&!an" the
!etition (e) ?ailure to co&!l" with an" circular# directi%e or order of the Su!re&e Court without +ustifiable cause (f)
Error in the choice or &ode of a!!eal
and () The fact that the case is not a!!ealable to the Su!re&e Court. (n) SEC. /. +isposition of improper a!!eal.— E$ce!t as !ro%ided in section '# Rule 1 reardin a!!eals in cri&inal cases where the !enalt" i&!osed is death# reclusion perpetua or life i&!rison&ent# an a!!eal taken to the Su!re&e Court b" notice of a!!eal shall be dis&issed. n a!!eal b" certiorari taken to the Su!re&e Court fro& the Reional Trial Court sub&ittin issues of fact &a" be referred to the Court of !!eals for decision or a!!ro!riate action. The deter&ination of the Su!re&e Court on whether or not issues of fact are in%ol%ed shall be final. (n) SEC. :. $rocedure if opinion is e6ually divided.22here the court en banc is e9uall" di%ided in o!inion# or the necessar" &a+orit" cannot be had# the case shall aain be deliberated on# and if after such deliberation no decision is reached# the oriinal action co&&enced in the court shall be dis&issed in a!!ealed cases# the +ud&ent or order a!!ealed fro& shall stand affir&ed and on all incidental &atters# the !etition or &otion shall be denied. (11a)
PRO!S!O-AL RE3E.!ES RULE 57
PREL!3!-AR/ ATTAC<3E-T SECTION 1. -rounds upon which attachment may issue.2t the co&&ence&ent of the action or at an" ti&e before entr" of +ud&ent# a !laintiff or an" !ro!er !art" &a" ha%e the !ro!ert" of the ad%erse !art" attached as securit" for the satisfaction of an" +ud&ent that &a" be reco%ered in the followin cases0 (a) In an action for the reco%er" of a s!ecified a&ount of &one" or da&aes# other than &oral and e$e&!lar"# on a cause of action arisin fro& law# contract# 9uasi6contract# delict or 9uasi6delict aainst a !art" who is about to de!art fro& the ;hili!!ines with intent to defraud his creditors (b) In an action for &one" or !ro!ert"
e&be--led or fraudulentl" &isa!!lied or con%erted to his own use b" a !ublic officer# or an officer of a cor!oration# or an attorne"# factor# broker# aent# or clerk# in the course of his e&!lo"&ent as such# or b" an" other !erson in a fiduciar" ca!acit"# or for a willful %iolation of dut" (c) In an action to reco%er the !ossession of !ro!ert" un+ustl" or fraudulentl" taken# detained or con%erted# when the !ro!ert"# or an" !art thereof# has been concealed# re&o%ed# or dis!osed of to !re%ent its bein found or taken b" the a!!licant or an authori-ed !erson (d) In an action aainst a !art" who has been uilt" of a fraud in contractin the debt or incurrin the obliation u!on which the action is brouht# or in the !erfor&ance thereof (e) In an action aainst a !art" who has re&o%ed or dis!osed of his !ro!ert"# or is about to do so# with intent to defraud his creditors or (f) In an action aainst a !art" who does not reside and is not found in the ;hili!!ines# or on who& su&&ons &a" be ser%ed b" !ublication. (1a) SEC. . Issuance and contents of order.2 n order of attach&ent &a" be issued either e parte or u!on &otion with notice and hearin b" the court in which the action is !endin# or b" the Court of !!eals or the Su!re&e Court# and &ust re9uire the sheriff of the court to attach so &uch of the !ro!ert" in the ;hili!!ines of the !art" aainst who& it is issued# not e$e&!t fro& e$ecution# as &a" be sufficient to satisf" the a!!licants de&and# unless such !art" &akes de!osit or i%es a bond as hereinafter !ro%ided in an a&ount e9ual to that fi$ed in the order# which &a" be the a&ount sufficient to satisf" the a!!licants de&and or the %alue of the !ro!ert" to be attached as stated b" the a!!licant# e$clusi%e of costs. Se%eral writs &a" be issued at the sa&e ti&e to the sheriffs of the courts of different +udicial reions. (a) SEC. '. (ffidavit and bond re6uired.2n order of attach&ent shall be ranted onl" when it a!!ears b" the affida%it of the a!!licant# or of so&e other !erson who !ersonall" knows the facts# that a sufficient cause of action e$ists# that the case is one of those &entioned in section 1 hereof that there is no other sufficient securit" for the clai& souht to be enforced b" the action# and that the a&ount due to the a!!licant# or the %alue of the !ro!ert" the !ossession of which he is entitled to reco%er# is as &uch as the su& for which the order is ranted abo%e all leal counterclai&s. The affida%it# and the bond re9uired b" the ne$t succeedin section# &ust be dul" filed with the court before the order issues. ('a) SEC. ,. Condition of applicant?s bond2The !art" a!!l"in for the order &ust thereafter i%e a bond e$ecuted to the ad%erse !art" in the
a&ount fi$ed b" the court in its order rantin the issuance of the writ# conditioned that the latter will !a" all the costs which &a" be ad+uded to the ad%erse !art" and all da&aes which he &a" sustain b" reason of the attach&ent# if the court shall finall" ad+ude that the a!!licant was not entitled thereto. (,a) SEC. . !anner of attaching property.2The sheriff enforcin the writ shall without dela" and with all reasonable dilience attach# to await +ud&ent and e$ecution in the action# onl" so &uch of the !ro!ert" in the ;hili!!ines of the !art" aainst who& the writ is issued# not e$e&!t fro& e$ecution# as &a" be sufficient to satisf" the a!!licants de&and# unless the for&er &akes a de!osit with the court fro& which the writ is issued# or i%es a counter6bond e$ecuted to the a!!licant# in an a&ount e9ual to the bond fi$ed b" the court in the order of attach&ent or to the %alue of the !ro!ert" to be attached# e$clusi%e of costs. No le%" on attach&ent !ursuant to the writ issued under section hereof shall be enforced unless it is !receded# or conte&!oraneousl" acco&!anied# b" ser%ice of su&&ons# toether with a co!" of the co&!laint# the a!!lication for attach&ent# the a!!licants affida%it and bond# and the order and writ of attach&ent# on the defendant within the ;hili!!ines. The re9uire&ent of !rior or conte&!oraneous ser%ice of su&&ons shall not a!!l" where the su&&ons could not be ser%ed !ersonall" or b" substituted ser%ice des!ite dilient efforts# or the defendant is a resident of the ;hili!!ines te&!oraril" absent therefro&# or the defendant is a non6resident of the ;hili!!ines# or the action is one in rem or 6uasi in rem. (a) SEC. /. Sheriff?s return—fter enforcin the writ# the sheriff &ust likewise without dela" &ake a return thereon to the court fro& which the writ issued# with a full state&ent of his !roceedins under the writ and a co&!lete in%entor" of the !ro!ert" attached# toether with an" counter6bond i%en b" the !art" aainst who& attach&ent is issued# and ser%e co!ies thereof on the a!!licant. (/a) SEC. :. (ttachment of real and personal property; recording thereof—Real and !ersonal !ro!ert" shall be attached b" the sheriff e$ecutin the writ in the followin &anner0 (a) Real !ro!ert"# or rowin cro!s thereon# or an" interest therein# standin u!on the record of the reistr" of deeds of the !ro%ince in the na&e of the !art" aainst who& attach&ent is issued# or not a!!earin at all u!on such records# or belonin to the !art" aainst who& attach&ent is issued and held b" an" other !erson# or standin on the records of the reistr" of deeds in the na&e of an" other !erson# b" filin with the reistr" of deeds a co!" of the order# toether with a descri!tion of
the !ro!ert" attached# and a notice that it is attached# or that such real !ro!ert" and an" interest therein held b" or standin in the na&e of such other !erson are attached# and b" lea%in a co!" of such order# descri!tion# and notice with the occu!ant of the !ro!ert"# if an"# or with such other !erson or his aent if found within the !ro%ince. 2here the !ro!ert" has been brouht under the o!eration of either the Gand Reistration ct or the ;ro!ert" Reistration Decree# the notice shall contain a reference to the nu&ber of the certificate of title# the %olu&e and !ae in the reistration book where the certificate is reistered# and the reistered owner or owners thereof. The reistrar of deeds &ust inde$ attach&ents filed under this section in the na&es of the a!!licant# the ad%erse !art"# or the !erson b" who& the !ro!ert" is held or in whose na&e it stands in the records. If the attach&ent is not clai&ed on the entire area of the land co%ered b" the certificate of title# a descri!tion sufficientl" accurate for the identification of the land or interest to be affected shall be included in the reistration of such attach&ent (b) ;ersonal ! ro!ert" c a!able o f &anual deli%er"# b" takin and safel" kee!in it in his custod"# after issuin the corres!ondin recei!t therefor (c) Stocks or shares# or an interest in stocks or shares# of an" cor!oration or co&!an"# b" lea%in with the !resident or &anain aent thereof# a co!" of the writ# and a notice statin that the stock or interest of the !art" aainst who& the attach&ent is issued is attached in !ursuance of such writ (d) Debts and credits# includin bank de!osits# financial interest# ro"alties# co&&issions and other !ersonal !ro!ert" not ca!able of &anual deli%er"# b" lea%in with the !erson owin such debts# or ha%in in his !ossession or under his control# such credits or other !ersonal !ro!ert"# or with his aent# a co!" of the writ# and notice that the debts owin b" hi& to the !art" aainst who& attach&ent is issued# and the credits and other !ersonal !ro!ert" in his !ossession# or under his control# belonin to said !art"# are attached in !ursuance of such writ (e) The interest of the !art" aainst who& attach&ent is issued in !ro!ert" belonin to the estate of the decedent# whether as heir# leatee# or de%isee# b" ser%in the e$ecutor or ad&inistrator or other !ersonal re!resentati%e of the decedent with a co!" of the writ and notice that said interest is attached. co!" of said writ of attach&ent and of said notice shall also be filed in the office of the clerk of the court in which said estate is bein settled and ser%ed u!on the heir# leatee or de%isee concerned.
If the !ro!ert" souht to be attached is in custodia leis# a co!" of the writ of attach&ent shall be filed with the !ro!er court or 9uasi6 +udicial aenc"# and notice of the attach&ent ser%ed u!on the custodian of such !ro!ert". (:a) SEC. <. *ffect of attachment of debts, credits and all other similar personal property.2 ll !ersons ha%in in their !ossession or under their control an" credits or other si&ilar !ersonal !ro!ert" belonin to the !art" aainst who& attach&ent is issued# or owin an" debts to hi&# at the ti&e of ser%ice u!on the& of the co!" of the writ of attach&ent and notice as !ro%ided in the last !recedin section# shall be liable to the a!!licant for the a&ount of such credits# debts or other si&ilar !ersonal !ro!ert"# until the attach&ent is dischared# or an" +ud&ent reco%ered b" hi& is satisfied# unless such !ro!ert" is deli%ered or transferred# or such debts are !aid# to the clerk# sheriff# or other !ro!er officer of the court issuin the attach&ent. (. *amination of party whose property is attached and persons indebted to him or controlling his property; delivery of property to sheriff .—n" !erson owin debts to the !art" whose !ro!ert" is attached or ha%in in his !ossession or under his control an" credit or other !ersonal !ro!ert" belonin to such !art"# &a" be re9uired to attend before the court in which the action is !endin# or before a co&&issioner a!!ointed b" the court# and be e$a&ined on oath res!ectin the sa&e. The !art" whose !ro!ert" is attached &a" also be re9uired to attend for the !ur!ose of i%in infor&ation res!ectin his !ro!ert"# and &a" be e$a&ined on oath. The court &a"# after such e$a&ination# order !ersonal !ro!ert" ca!able of &anual deli%er" belonin to hi&# in the !ossession of the !erson so re9uired to attend before the court# to be deli%ered to the clerk of the court or sheriff on such ter&s as &a" be +ust# ha%in reference to an" lien thereon or clai& aainst the sa&e# to await the +ud&ent in the action. (1>a)
SEC. 11. #hen attached property may be sold after levy on attachment and before entry of "udgment22hene%er it shall be &ade to a!!ear to the court in which the action is !endin# u!on hearin with notice to both !arties# that the !ro!ert" attached is !erishable# or that the interests of all the !arties to the action will be subser%ed b" the sale thereof# the court &a" order such !ro!ert" to be sold at !ublic auction in such &anner as it &a" direct# and the !roceeds of such sale to be de!osited in court to abide the +ud&ent in the action. (11a) SEC. 1. +ischarge of attachment upon giving counter&bond.2fter a writ of attach&ent has been enforced# the !art" whose !ro!ert" has been attached# or the !erson a!!earin on his behalf# &a" &o%e for the dischare of the attach&ent wholl" or in !art on the securit" i%en. The court shall# after due notice and hearin# order the dischare of the attach&ent if the &o%ant &akes a cash de!osit# or files a counter6bond e$ecuted to the attachin !art" with the clerk of the court where the a!!lication is &ade# in an a&ount e9ual to that fi$ed b" the court in the order of attach&ent# e$clusi%e of costs. *ut if the attach&ent is souht to be dischared with res!ect to a !articular !ro!ert"# the counter6bond shall be e9ual to the %alue of that !ro!ert" as deter&ined b" the court. In either case# the cash de!osit or the counter6 bond shall secure the !a"&ent of an" +ud&ent that the attachin !art" &a" reco%er in the action. notice of the de!osit shall forthwith be ser%ed on the attachin !art". 7!on the dischare of an attach&ent in accordance with the !ro%isions of this section# the !ro!ert" attached# or the !roceeds of an" sale thereof# shall be deli%ered to the !art" &akin the de!osit or i%in the counter6bond# or to the !erson a!!earin on his behalf# the de!osit or counter6bond aforesaid standin in !lace of the !ro!ert" so released. Should such counter6bond for an" reason be found to be or beco&e insufficient# and the !art" furnishin the sa&e fail to file an additional counter6bond# the attachin !art" &a" a!!l" for a new order of attach&ent. (1a) SEC. 1'. +ischarge of attachment on other grounds.2The !art" whose !ro!ert" has been ordered attached &a" file a &otion with the court in which the action is !endin# before or after le%" or e%en after the release of the attached !ro!ert"# for an order to set aside or dischare the attach&ent on the round that the sa&e was i&!ro!erl" or irreularl" issued or enforced# or that the bond is insufficient. If the attach&ent is e$cessi%e# the dischare shall be li&ited to the e$cess. If the &otion be &ade on affida%its on the !art of the &o%ant but not otherwise# the attachin !art" &a" o!!ose the &otion b" counter6affida%its or other e%idence in addition to that on which the attach&ent was &ade. fter due notice and hearin# the court shall order the settin aside or the
corres!ondin dischare of the attach&ent if it a!!ears that it was i&!ro!erl" or irreularl" issued or enforced# or that the bond is insufficient# or that the attach&ent is e$cessi%e# and the defect is not cured forthwith. (1'a) SEC. 1,. $roceedings where property claimed by third person.2If the !ro!ert" attached is clai&ed b" an" !erson other than the !art" aainst who& attach&ent had been issued or his aent# and such !erson &akes an affida%it of his title thereto# or riht to the !ossession thereof# statin the rounds of such riht or title# and ser%es such affida%it u!on the sheriff while the latter has !ossession of the attached !ro!ert"# and a co!" thereof u!on the attachin !art"# the sheriff shall not be bound to kee! the !ro!ert" under attach&ent# unless the attachin !art" or his aent# on de&and of the sheriff# shall file a bond a!!ro%ed b" the court to inde&nif" the third6!art" clai&ant in a su& not less than the %alue of the !ro!ert" le%ied u!on. In case of disaree&ent as to such %alue# the sa&e shall be decided b" the court issuin the writ of attach&ent. No clai& for da&aes for the takin or kee!in of the !ro!ert" &a" be enforced aainst the bond unless the action therefor is filed within one hundred twent" (1>) da"s fro& the date of the filin of the bond. The sheriff shall not be liable for da&aes for the takin or kee!in of such !ro!ert"# to an" such third6!art" clai&ant# if such bond shall be filed. Nothin herein contained shall !re%ent such clai&ant or an" third !erson fro& %indicatin his clai& to the !ro!ert"# or !re%ent the attachin !art" fro& clai&in da&aes aainst a third6!art" clai&ant who filed a fri%olous or !lainl" s!urious clai&# in the sa&e or a se!arate action. 2hen the writ of attach&ent is issued in fa%or of the Re!ublic of the ;hili!!ines# or an" officer dul" re!resentin it# the filin of such bond shall not be re9uired# and in case the sheriff is sued for da&aes as a result of the attach&ent# he shall be re!resented b" the Solicitor @eneral# and if held liable therefor# the actual da&aes ad+uded b" the court shall be !aid b" the National Treasurer out of the funds to be a!!ro!riated for the !ur!ose. (1,a) SEC. 1. Satisfaction of "udgment out of property attached; return of sheriff —If +ud&ent be reco%ered b" the attachin !art" and e$ecution issue thereon# the sheriff &a" cause the +ud&ent to be satisfied out of the !ro!ert" attached# if it be sufficient for that !ur!ose in the followin &anner0 (a) *" !a"in to the +ud&ent obliee the !roceeds of all sales of !erishable or other !ro!ert" sold in !ursuance of the order of the court# or so &uch as shall be necessar" to satisf" the +ud&ent (b) If an" balance re&ains due# b" sellin so &uch of the !ro!ert"# real or !ersonal# as
&a" be necessar" to satisf" the balance# if enouh for that !ur!ose re&ain in the sheriffs hands# or in those of the clerk of the court (c) *" collectin fro& all !ersons ha%in in their !ossession credits belonin to the +ud&ent oblior# or owin debts to the latter at the ti&e of the attach&ent of such credits or debts# the a&ount of such credits and debts as deter&ined b" the court in the action# and stated in the +ud&ent# and !a"in the !roceeds of such collection o%er to the +ud&ent obliee. The sheriff shall forthwith &ake a return in writin to the court of his !roceedins under this section and furnish the !arties with co!ies thereof. (1a) SEC. 1/. 1alance due collected upon an eecution; ecess delivered to "udgment obligor. 2If after reali-in u!on all the !ro!ert" attached# includin the !roceeds of an" debts or credits collected# and a!!l"in the !roceeds to the satisfaction of the +ud&ent# less the e$!enses of !roceedins u!on the +ud&ent# an" balance shall re&ain due# the sheriff &ust !roceed to collect such balance as u!on ordinar" e$ecution. 2hene%er the +ud&ent shall ha%e been !aid# the sheriff# u!on reasonable de&and# &ust return to the +ud&ent oblior the attached !ro!ert" re&ainin in his hands# and an" !roceeds of the sale of the !ro!ert" attached not a!!lied to the +ud&ent. (1/a) SEC. 1:. Recovery upon the counter&bond. 22hen the +ud&ent has beco&e e$ecutor"# the suret" or sureties on an" counter6bond i%en !ursuant to the !ro%isions of this Rule to secure the !a"&ent of the +ud&ent shall beco&e chared on such counter6bond and bound to !a" the +ud&ent obliee u!on de&and the a&ount due under the +ud&ent# which a&ount &a" be reco%ered fro& such suret" or sureties after notice and su&&ar" hearin in the sa&e action. (1:a) SEC. 1<. +isposition of money deposited.2 2here the !art" aainst who& attach&ent had been issued has de!osited &one" instead of i%in counter6bond# it shall be a!!lied under the direction of the court to the satisfaction of an" +ud&ent rendered in fa%or of the attachin !art"# and after satisf"in the +ud&ent the balance shall be refunded to the de!ositor or his assinee. If the +ud&ent is in fa%or of the !art" aainst who& attach&ent was issued# the whole su& de!osited &ust be refunded to hi& or his assinee. (1
the !art" aainst who& attach&ent was issued# and the order of attach&ent dischared. (1=a) SEC. >. Claim for damages on account of improper, irregular or ecessive attachment.2 n a!!lication for da&aes on account of i&!ro!er# irreular or e$cessi%e attach&ent &ust be filed before the trial or before a!!eal is !erfected or before the +ud&ent beco&es e$ecutor"# with due notice to the attachin !art" and his suret" or sureties# settin forth the facts showin his riht to da&aes and the a&ount thereof. Such da&aes &a" be awarded onl" after !ro!er hearin and shall be included in the +ud&ent on the &ain case. If the +ud&ent of the a!!ellate court be fa%orable to the !art" aainst who& the attach&ent was issued# he &ust clai& da&aes sustained durin the !endenc" of the a!!eal b" filin an a!!lication in the a!!ellate court# with notice to the !art" in whose fa%or the attach&ent was issued or his suret" or sureties# before the +ud&ent of the a!!ellate court beco&es e$ecutor". The a!!ellate court &a" allow the a!!lication to be heard and decided b" the trial court. Nothin herein contained shall !re%ent the !art" aainst who& the attach&ent was issued fro& reco%erin in the sa&e action the da&aes awarded to hi& fro& an" !ro!ert" of the attachin !art" not e$e&!t fro& e$ecution should the bond or de!osit i%en b" the latter be insufficient or fail to full" satisf" the award. (>a)
RULE 58
PREL!3!-AR/ !-=U-CT!OSECTION 1. $reliminary in"unction defined; classes.2 !reli&inar" in+unction is an order ranted at an" stae of an action or !roceedin prior to the u&'#ent or final or&er# re9uirin a !art" or a court# aenc" or a !erson to refrain fro& a !articular act or acts. It &a" also re9uire the !erfor&ance of a !articular act or acts# in which case it shall be known as a preli#inar% #an&ator% inunction6 (1a) SEC. . #ho may grant preliminary in"unction.2 !reli&inar" in+unction &a" be ranted b" the court where the action or procee&in' is pen&in'. If the action or !roceedin is !endin in the Court of !!eals or in the Su!re&e Court# it &a" be issued b" said court or an" &e&ber thereof. (a) SEC. '. -rounds for issuance of preliminary in"unction.2 !reli&inar" in+unction &a" be ranted when it is established.
(a) That the a !!licant is entitled to the relief de&anded# and the whole or !art of such relief consists in restrainin the co&&ission or continuance of the act or acts co&!lained of# or in re9uirin the !erfor&ance of an act or acts# either for a li&ited !eriod or !er!etuall" (b) That t he c o&&ission# c ontinuance o r non6!erfor&ance of the act or acts co&!lained of durin the litiation would !robabl" work in+ustice to the a!!licant or (c) That a !art"# court# aenc" or a !erson is doin# threatenin# or is atte&!tin to do# or is !rocurin or sufferin to be done# so&e act or acts !robabl" in %iolation of the rihts of the a!!licant res!ectin the sub+ect of the action or !roceedin# and tendin to render the +ud&ent ineffectual. ('a) SEC. ,. erified application and bond for preliminary in"unction or temporary restraining order.2 !reli&inar" in+unction or te&!orar" restrainin order &a" be ranted onl" when (a) The a!!lication in the action or !roceedin is %erified# and shows facts entitlin the a!!licant to the relief de&anded and (b) 7nless e$e&!ted b" the court# the a!!licant files with the court where the action or !roceedin is !endin# a bond e$ecuted to the !art" or !erson en+oined# in an a&ount to be fi$ed b" the court# to the effect that the a!!licant will !a" to such !art" or !erson all da&aes which he &a" sustain b" reason of the in+unction or te&!orar" restrainin order if the court should finall" decide that the a!!licant was not entitled thereto. 7!on a!!ro%al of the re9uisite bond# a writ of !reli&inar" in+unction shall be issued. (,a) (c) 2hen an a!!lication for a writ of !reli&inar" in+unction or a te&!orar" restrainin order is included in a co&!laint or an" initiator" !leadin# the case# if filed in a &ulti!le6sala court# shall be raffled onl" after notice to and in the !resence of the ad%erse !art" or the !erson to be en+oined. In an" e%ent# such notice shall be !receded# or conte&!oraneousl" acco&!anied b" ser%ice of su&&ons# toether with a co!" of the co&!laint or initiator" !leadin and the a!!licants affida%it and bond# u!on the ad%erse !art" in the ;hili!!ines. 8owe%er# where the su&&ons could not be ser%ed !ersonall" or b" substituted ser%ice des!ite dilient efforts# or the ad%erse !art" is a resident of the ;hili!!ines te&!oraril" absent therefro& or is a nonresident thereof# the re9uire&ent of !rior or conte&!oraneous ser%ice of su&&ons shall not a!!l".
(d) The a!!lication for a te&!orar" restrainin order shall thereafter be acted u!on onl" after all !arties are heard in a su&&ar" hearin which shall be conducted within twent"6four (,) hours after the sheriffs return of ser%ice andHor the records are recei%ed b" the branch selected b" raffle and to which the records shall be trans&itted i&&ediatel". SEC. . $reliminary in"unction not granted without notice; eception.2No !reli&inar" in+unction shall be ranted without hearin and !rior notice to the !art" or !erson souht to be en+oined. If it shall a!!ear fro& facts shown b" affida%its or b" the %erified a!!lication that reat or irre!arable in+ur" would result to the a!!licant before the &atter can be heard on notice# the court to which the a!!lication for !reli&inar" in+unction was &ade# &a" issue e parte a te&!orar" restrainin order to be effecti%e onl" for a !eriod of twent" (>) da"s fro& ser%ice on the !art" or !erson souht to be en+oined# e$ce!t as herein !ro%ided. 2ithin the said twent"6da" !eriod# the court &ust order said !art" or !erson to show cause# at a s!ecified ti&e and !lace# wh" the in+unction should not be ranted# deter&ine within the sa&e !eriod whether or not the !reli&inar" in+unction shall be ranted# and accordinl" issue the corres!ondin order. 8owe%er# and sub+ect to the !ro%isions of the !recedin sections# if the &atter is of e$tre&e urenc" and the a!!licant will suffer ra%e in+ustice and irre!arable in+ur"# the e$ecuti%e +ude of a &ulti!le6sala court or the !residin +ude of a sinle6sala court &a" issue e$ parte a te&!orar" restrainin order effecti%e for onl" se%ent"6two (:) hours fro& issuance but he shall i&&ediatel" co&!l" with the !ro%isions of the ne$t !recedin section as to ser%ice of su&&ons and the docu&ents to be ser%ed therewith. Thereafter# within the aforesaid se%ent"6two (:) hours# the +ude before who& the case is !endin shall conduct a su&&ar" hearin to deter&ine whether the te&!orar" restrainin order shall be e$tended until the a!!lication for !reli&inar" in+unction can be heard. In no case shall the total !eriod of effecti%it" of the te&!orar" restrainin order e$ceed twent" (>) da"s# includin the oriinal se%ent"6two hours !ro%ided herein. In the e%ent that the a!!lication for !reli&inar" in+unction is denied or not resol%ed within the said !eriod# the te&!orar" restrainin order is dee&ed auto&aticall" %acated. The effecti%it" of a te&!orar" restrainin order is not e$tendible without need of an" +udicial declaration to that effect and no court shall ha%e authorit" to e$tend or renew the sa&e on the sa&e round for which it was issued. 8owe%er# if issued b" the Court of !!eals or a &e&ber thereof# the te&!orar" restrainin order shall be effecti%e for si$t" (/>) da"s fro&
ser%ice on the !art" or !erson souht to be en+oined. restrainin order issued b" the Su!re&e Court or a &e&ber thereof shall be effecti%e until further orders. (a) SEC. /. -rounds for ob"ection to, or for motion of dissolution of, in"unction or restraining order—The a!!lication for in+unction or restrainin order &a" be denied# u!on a showin of its insufficienc". The in+unction or restrainin order &a" also be denied# or# if ranted# &a" be dissol%ed# on other rounds u!on affida%its of the !art" or !erson en+oined# which &a" be o!!osed b" the a!!licant also b" affida%its. It &a" further be denied# or# if ranted# &a" be dissol%ed# if it a!!ears after hearin that althouh the a!!licant is entitled to the in+unction or restrainin order# the issuance or continuance thereof# as the case &a" be# would cause irre!arable da&ae to the !art" or !erson en+oined while the a!!licant can be full" co&!ensated for such da&aes as he &a" suffer# and the for&er files a bond in an a&ount fi$ed b" the court conditioned that he will !a" all da&aes which the a!!licant &a" suffer b" the denial or the dissolution of the in+unction or restrainin order. If it a!!ears that the e$tent of the !reli&inar" in+unction or restrainin order ranted is too reat# it &a" be &odified. (/a) SEC. :. Service of copies of bonds; effect of disapproval of same.2The !art" filin a bond in accordance with the !ro%isions of this Rule shall forthwith ser%e a co!" of such bond on the other !art"# who &a" e$ce!t to the sufficienc" of the bond# or of the suret" or sureties thereon. If the a!!licants bond is found to be insufficient in a&ount# or if the suret" or sureties thereon fail to +ustif"# and a bond sufficient in a&ount with sufficient sureties a!!ro%ed after +ustification is not filed forthwith# the in+unction shall be dissol%ed. If the bond of the ad%erse !art" is found to be insufficient in a&ount# or the suret" or sureties thereon fail to +ustif" a bond sufficient in a&ount with sufficient sureties a!!ro%ed after +ustification is not filed forthwith# the in+unction shall be ranted or restored# as the case &a" be. ( of Rule :. (=a) SEC. =. #hen final in"unction granted.2If after the trial of the action it a!!ears that the a!!licant is entitled to ha%e the act or acts co&!lained of !er&anentl" en+oined# the court shall rant a final in+unction !er!etuall" restrainin the !art" or !erson en+oined fro& the co&&ission or continuance of the act or acts or confir&in the !reli&inar" &andator" in+unction. (1>a)
RULE 59
RECE!ERS
!rocured such a!!oint&ent without sufficient cause and the court &a"# in its discretion# at an" ti&e after the a!!oint&ent# re9uire an additional bond as further securit" for such da&aes. ('a) SEC. '. +enial of application or discharge of receiver.2The a!!lication &a" be denied# or the recei%er dischared# when the ad%erse !art" files a bond e$ecuted to the a!!licant# in an a&ount to be fi$ed b" the court# to the effect that such !art" will !a" the a!!licant all da&aes he &a" suffer b" reason of the acts# o&issions# or other &atters s!ecified in the a!!lication as round for such a!!oint&ent. The recei%er &a" also be dischared if it is shown that his a!!oint&ent was obtained without sufficient cause. (,a) SEC. . Oath and bond of recei%er.—*efore enterin u!on his duties# the recei%er shall be sworn to !erfor& the& faithfull"# and shall file a bond# e$ecuted to such !erson and in such su& as the court &a" direct# to the effect that he will faithfull" dischare his duties in the action or !roceedin and obe" the orders of the court. (a) SEC. . Service of copies of bonds; effect of disapproval of same.—The !erson filin a bond in accordance with the !ro%isions of this Rule shall forthwith ser%e a co!" thereof on each interested !art"# who &a" e$ce!t to its sufficienc" or of the suret" or sureties thereon. If either the a!!licants or the recei%ers bond is found to be insufficient in a&ount# or if the suret" or sureties thereon fail to +ustif"# and a bond sufficient in a&ount with sufficient sureties a!!ro%ed after +ustification is not filed forthwith# the a!!lication shall be denied or the recei%er dischared# as the case &a" be. If the bond of the ad%erse !art" is found to be insufficient in a&ount or the suret" or sureties thereon fail to +ustif"# and a bond sufficient in a&ount with sufficient sureties a!!ro%ed after +ustification is not filed forthwith# the recei%er shall be a!!ointed or re6a!!ointed# as the case &a" be. (/a) SEC. /. -eneral powers of receiver.2 Sub+ect to the control of the court in which the action or !roceedin is !endin# a recei%er shall ha%e the !ower to brin and defend# in such ca!acit"# actions in his own na&e to take and kee! !ossession of the !ro!ert" in contro%ers" to recei%e rents to collect debts due to hi&self as recei%er or to the fund# !ro!ert"# estate# !erson# or cor!oration of which he is the recei%er to co&!ound for and co&!ro&ise the sa&e to &ake transfers to !a" outstandin debts to di%ide the &one" and other !ro!ert" that shall re&ain a&on the !ersons leall" entitled to recei%e the sa&e and enerall" to do such acts res!ectin the !ro!ert" as the court &a" authori-e. 8owe%er. funds in the hands of a recei%er &a" be in%ested onl" b" order of the court u!on the written consent of all the !arties
to the action. (:a) No action &a" be filed b" or aainst a recei%er without lea%e of the court which a!!ointed hi&. (n) SEC. :. 7iability for refusal or neglect to deliver property to receiver.2 !erson who refuses or nelects# u!on reasonable de&and# to deli%er to the recei%er all the !ro!ert"# &one"# books# deeds# notes# bills# docu&ents and !a!ers within his !ower or control sub+ect of or in%ol%ed in the action or !roceedin# or in case of disaree&ent# as deter&ined and ordered b" the court# &a" be punishe& for conte#pt and shall be liable to the recei%er for the &one" or the %alue of the !ro!ert" and other thins so refused or nelected to be surrendered# toether with all da&aes that &a" ha%e been sustained b" the !art" or !arties entitled thereto as a conse9uence of such refusal or nelect. (n) SEC. <. Termination of receivership; compensation of receiver.22hene%er the court# motu proprio or on &otion of either !art"# shall deter&ine that the necessit" for a recei%er no loner e$ists# it shall# after due notice to all interested !arties and hearin# settle the accounts of the recei%er# direct the deli%er" of the funds and other !ro!ert" in his !ossession to the !erson ad+uded to be entitled to recei%e the&# and order the dischare of the recei%er fro& further dut" as such. The court shall allow the recei%er such reasonable co&!ensation as the circu&stances of the case warrant# to be ta$ed as costs aainst the defeated !art"# or a!!ortioned# as +ustice re9uires. ( of Rule :. (=a) RULE 4:
REPLE!-
SECTION 1. (pplication.2 !art" !ra"in for the reco%er" of !ossession of !ersonal !ro!ert" &a"# at the co&&ence&ent of the action or at an" ti&e before answer# a!!l" for an order for the deli%er" of such !ro!ert" to hi&# in the &anner hereinafter !ro%ided. (1a)
SEC. . (ffidavit and bond2The a!!licant &ust show b" his own affida%it or that of so&e other !erson who !ersonall" knows the facts0
(a) That the a!!licant is the owner of the !ro!ert" clai&ed# !articularl" describin it# or is entitled to the !ossession thereof (b) That the !ro!ert" is wronfull" detained b" the ad%erse !art"# allein the cause of detention thereof accordin to the best of his knowlede# infor&ation# and belief (c) That the !ro!ert" has not been distrained or taken for a ta$ assess&ent or a fine !ursuant to law# or sei-ed under a writ of e$ecution or !reli&inar" attach&ent# or otherwise !laced under custodia leis# or if so sei-ed# that it is e$e&!t fro& such sei-ure or custod" and (d) The actual &arket %alue of the !ro!ert". The a!!licant &ust also i%e a bond# e$ecuted to the ad%erse !art" in double the %alue of the !ro!ert" as stated in the affida%it afore&entioned# for the return of the !ro!ert" to the ad%erse !art" if such return be ad+uded# and for the !a"&ent to the ad%erse !art" of such su& as he &a" reco%er fro& the a!!licant in the action. (a) SEC. '. Order.—7!on the filin of such affida%it and a!!ro%al of the bond# the court shall issue an order and the corres!ondin writ of re!le%in describin the !ersonal !ro!ert" alleed to be wronfull" detained and re9uirin the sheriff forthwith to take such !ro!ert" into his custod". ('a) SEC. . +uty of the sheriff.27!on recei%in such order# the sheriff &ust ser%e a co!" thereof on the ad%erse !art"# toether with a co!" of the a!!lication# affida%it and bond# and &ust forthwith take the !ro!ert"# if it be in the !ossession of the ad%erse !art"# or his aent# and retain it in his custod". If the !ro!ert" or an" !art thereof be concealed in a buildin or enclosure# the sheriff &ust de&and its deli%er"# and if it be not deli%ered# he &ust cause the buildin or enclosure to be broken o!en and take the !ro!ert" into his !ossession. fter the sheriff has taken !ossession of the !ro!ert" as herein !ro%ided# he &ust kee! it in a secure !lace and shall be res!onsible for its deli%er" to the !art" entitled thereto u!on recei%in his fees and necessar" e$!enses for takin and kee!in the sa&e. (,a) SEC. . Return of property.2If the ad%erse !art" ob+ects to the sufficienc" of the a!!licants bond# or of the suret" or sureties thereon# he cannot i&&ediatel" re9uire the return of the !ro!ert"# but if he does not so ob+ect# he &a"# at an" ti&e before the deli%er" of the !ro!ert" to the a!!licant# re9uire the return thereof# b" filin with the court where the action is !endin a bond e$ecuted to the a!!licant# in double the %alue of the !ro!ert" as stated in the a!!licants affida%it for the deli%er" thereof to the a!!licant# if such deli%er" be ad+uded# and for the !a"&ent of such su& to hi& as &a" be
reco%ered aainst the ad%erse !art"# and b" ser%in a co!" of such bond on the a!!licant. (a) SEC. /. +isposition of property by sheriff.& If within fi%e () da"s after the takin of the !ro!ert" b" the sheriff# the ad%erse !art" does not ob+ect to the sufficienc" of the bond# or of the suret" or sureties thereon or if the ad%erse !art" so ob+ects and the court affir&s its a!!ro%al of the a!!licants bond or a!!ro%es a new bond# or if the ad%erse !art" re9uires the return of the !ro!ert" but his bond is ob+ected to and found insufficient and he does not forthwith file an a!!ro%ed bond# the !ro!ert" shall be deli%ered to the a!!licant. If for an" reason the !ro!ert" is not deli%ered to the a!!licant# the sheriff &ust return it to the ad%erse !art". (/a) SEC. :. $roceedings where property claimed by third person.2If the !ro!ert" taken is clai&ed b" an" !erson other than the !art" aainst who& the writ of re!le%in had been issued or his aent# and such !erson &akes an affida%it of his title thereto# or riht to the !ossession thereof# statin the rounds therefor# and ser%es such affida%it u!on the sheriff while the latter has !ossession of the !ro!ert" and a co!" thereof u!on the a!!licant# the sheriff shall not be bound to kee! the !ro!ert" under re!le%in or deli%er it to the a!!licant unless the a!!licant or his aent# on de&and of said sheriff# shall file a bond a!!ro%ed b" the court to inde&nif" the third6!art" clai&ant in a su& not less than the %alue of the !ro!ert" under re!le%in as !ro%ided in section hereof. In case of disaree&ent as to such %alue# the court shall deter&ine the sa&e. No clai& for da&aes for the takin or kee!in of the !ro!ert" &a" be enforced aainst the bond unless the action therefor is filed within one hundred twent" (1>) da"s fro& the date of the filin of the bond. The sheriff shall not be liable for da&aes# for the takin or kee!in of such !ro!ert"# to an" such third6!art" clai&ant if such bond shall be filed. Nothin herein contained shall !re%ent such clai&ant or an" third !erson fro& %indicatin his clai& to the !ro!ert"# or !re%ent the a!!licant fro& clai&in da&aes aainst a third6!art" clai&ant who filed a fri%olous or !lainl" s!urious clai&# in the sa&e or a se!arate action. 2hen the writ of re!le%in is issued in fa%or of the Re!ublic of the ;hili!!ines# or an" officer dul" re!resentin it# the filin of such bond shall not be re9uired# and in case the sheriff is sued for da&aes as a result of the re!le%in# he shall be re!resented b" the Solicitor @eneral# and if held liable therefor# the actual da&aes ad+uded b" the court shall be !aid b" the National Treasurer out of the funds to be a!!ro!riated for the !ur!ose. (:a) SEC. <. Return of papers.2The sheriff
&ust file the order# with his !roceedins indorsed thereon# with the court within ten (1>) da"s after takin the !ro!ert" &entioned therein. (. udgment to include recovery against sureties.2The a&ount# if an"# to be awarded to an" !art" u!on an" bond filed in accordance with the !ro%isions of this Rule# shall be clai&ed# ascertained# and ranted under the sa&e !rocedure as !rescribed in section > of Rule :. (1>a)
RULE 4+
SUPPORT PE-.E-TE L!TE SECTION 1. (pplication.2t the co&&ence&ent of the !ro!er action or !roceedin# or at an" ti&e !rior to the +ud&ent or final order# a %erified a!!lication for su!!ort pendente lite &a" be filed b" an" !art" statin the rounds for the clai& and the financial conditions of both !arties# and acco&!anied b" affida%its# de!ositions or other authentic docu&ents in su!!ort thereof. (1a) SEC. . Comment.2 co!" of the a!!lication and all su!!ortin docu&ents shall be ser%ed u!on the ad%erse !art"# who shall ha%e fi%e () da"s to co&&ent thereon unless a different !eriod is fi$ed b" the court u!on his &otion. The co&&ent shall be %erified and shall be acco&!anied b" affida%its# de!ositions or other authentic docu&ents in su!!ort thereof. (a# 'a) SEC. '. 3earing.2fter the co&&ent is filed# or after the e$!iration of the !eriod for its filin# the a!!lication shall be set for hearin not &ore than three (') da"s thereafter. The facts in issue shall be !ro%ed in the sa&e &anner as is !ro%ided for e%idence on &otions. (,a) SEC. ,. Order.2The court shall deter&ine !ro%isionall" the !ertinent facts# and shall render such orders as +ustice and e9uit" &a" re9uire# ha%in due reard to the !robable outco&e of the case and such other circu&stances as &a" aid in the !ro!er resolution of the 9uestion in%ol%ed. If the a!!lication is ranted# the court shall fi$ the
a&ount of &one" to be !ro%isionall" !aid or such other for&s of su!!ort as should be !ro%ided# takin into account the necessities of the a!!licant and the resources or &eans of the ad%erse !art"# and the ter&s of !a"&ent or &ode for !ro%idin the su!!ort. If the a!!lication is denied# the !rinci!al case shall be tried and decided as earl" as !ossible. (a)
2hene%er conflictin clai&s u!on the sa&e sub+ect &atter are or &a" be &ade aainst a !erson who clai&s no interest whate%er in the sub+ect &atter# or an interest which in whole or in !art is not dis!uted b" the clai&ants# he &a" brin an action aainst the conflictin clai&ants to co&!el the& to inter!lead and litiate their se%eral clai&s a&on the&sel%es. (1a# R/')
SEC. . *nforcement of order.2If the ad%erse !art" fails to co&!l" with an order rantin su!!ort pendente lite, the court shall# motu proprio or u!on &otion# issue an order of e$ecution aainst hi&# without !re+udice to his liabilit" for conte&!t. (/a)
SEC. . Order.27!on the filin of the co&!laint# the court shall issue an order re9uirin the conflictin clai&ants to inter!lead with one another. If the interests of +ustice so re9uire# the court &a" direct in such order that the sub+ect &atter be !aid or deli%ered to the court. (a# R/')
2hen the !erson ordered to i%e su!!ort pendente lite refuses or fails to do so# an" third !erson who furnished that su!!ort to the a!!licant &a"# after due notice and hearin in the sa&e case# obtain a writ of e$ecution to enforce his riht of rei&burse&ent aainst the !erson ordered to !ro%ide such su!!ort. (n) SEC. /. Support in criminal cases.—In cri&inal actions where the ci%il liabilit" includes su!!ort for the offs!rin as a conse9uence of the cri&e and the ci%il as!ect thereof has not been wai%ed# reser%ed or instituted !rior to its filin# the accused &a" be ordered to !ro%ide su!!ort pendente lite to the child born to the offended !art" alleedl" because of the cri&e. The a!!lication therefor &a" be filed successi%el" b" the offended !art"# her !arents# rand!arents or uardian and the State in the corres!ondin cri&inal case durin its !endenc"# in accordance with the !rocedure established under this Rule. (n) SEC. :. Restitution.—2hen the +ud&ent or final order of the court finds that the !erson who has been !ro%idin su!!ort pendente lite is not liable therefor# it shall order the reci!ient thereof to return to the for&er the a&ounts alread" !aid with leal interest fro& the dates of actual !a"&ent# without !re+udice to the riht of the reci!ient to obtain rei&burse&ent in a se!arate action fro& the !erson leall" oblied to i%e the su!!ort. Should the reci!ient fail to rei&burse said a&ounts# the !erson who !ro%ided the sa&e &a" likewise seek rei&burse&ent thereof in a se!arate action fro& the !erson leall" oblied to i%e such su!!ort. (n)
SPEC!AL C!!L ACT!O-S
RULE 40
SEC. '. Summons.—Su&&ons shall be ser%ed u!on the conflictin clai&ants# toether with a co!" of the co&!laint and order. ('# R/') SEC. . !otion to dismiss.22ithin the ti&e for filin an answer# each clai&ant &a" file a &otion to dis&iss on the round of i&!ro!riet" of the inter!leader action or on other a!!ro!riate rounds s!ecified in Rule 1/. The !eriod to file the answer shall be tolled and if the &otion is denied# the &o%ant &a" file his answer within the re&ainin !eriod# but which shall not be less than fi%e () da"s in an" e%ent# reckoned fro& notice of denial. (n) SEC. . (nswer and other pleadings.2Each clai&ant shall file his answer settin forth his clai& within fifteen (1) da"s fro& ser%ice of the su&&ons u!on hi&# ser%in a co!" thereof u!on each of the other conflictin clai&ants who &a" file their re!l" thereto as !ro%ided b" these Rules. If an" clai&ant fails to !lead within the ti&e herein fi$ed# the court &a"# on &otion# declare hi& in default and thereafter render +ud&ent barrin hi& fro& an" clai& in res!ect to the sub+ect &atter. The !arties in an inter!leader action &a" file counterclai&s# cross6clai&s# third6!art" co&!laints and res!onsi%e !leadins thereto# as !ro%ided b" these Rules. (,a# R/') SEC. /. +etermination.2fter the !leadins of the conflictin clai&ants ha%e been filed# and !re6trial has been conducted in accordance with the Rules# the court shall !roceed to deter&ine their res!ecti%e rihts and ad+udicate their se%eral clai&s.(a# R/') SEC. :. +oc)et and other lawful fees, costs and litigation epenses as liens.2The docket and other lawful fees !aid b" the !art" who filed a co&!laint under this Rule# as well as the costs and litiation e$!enses# shall constitute a lien or chare u!on the sub+ect &atter of the action# unless the court shall order otherwise. (/a# R/')
!-TERPLEA.ER SECTION 1. #hen interpleader proper.2
RULE 41
.ECLARATOR/ REL!EF A-. S!3!LAR RE3E.!ES SECTION 1. #ho may file petition.2n" !erson interested under a deed# will# contract or other written instru&ent# whose rihts are affected b" a statute# e$ecuti%e order or r eulation# ordinance# or an" other o%ern&ental reulation &a"# before breach or %iolation thereof# brin an action in the a!!ro!riate Reional Trial Court to deter&ine an" 9uestion of construction or %alidit" arisin# and for a declaration of his rihts or duties# thereunder. n action for the refor&ation of an instru&ent# to 9uiet title to real !ro!ert" or re&o%e clouds therefro&# or to consolidate ownershi! under rticle 1/>: of the Ci%il Code# &a" be brouht under this Rule. (1a# R/,) SEC. . $arties.—ll !ersons who ha%e or clai& an" interest which would be affected b" the declaration shall be &ade !arties and no declaration shall# e$ce!t as otherwise !ro%ided in these Rules# !re+udice the rihts of !ersons not !arties to the action. (a# R/,) SEC. '. %otice on Solicitor -eneral.2In an" action which in%ol%es the %alidit" of a statute# e$ecuti%e order or reulation# or an" other o%ern&ental reulation# the Solicitor @eneral shall be notified b" the !art" assailin the sa&e and shall be entitled to be heard u!on such 9uestion. ('a# R/,) SEC. ,. 7ocal government ordinances2In an" action in%ol%in the %alidit" of a local o%ern&ent ordinance# the corres!ondin !rosecutor or attorne" of the local o%ern&ental unit in%ol%ed shall be si&ilarl" notified and entitled to be heard. If such ordinance is alleed to be unconstitutional# the Solicitor @eneral shall also be notified and entitled to be heard. (,a# R/,) SEC. . Court action discretionary .— E$ce!t in actions fallin under the second !arara!h of section 1 of this Rule# the court# motu proprio or u!on &otion# &a" refuse to e$ercise the !ower to declare rihts and to construe instru&ents in an" case where a decision would not ter&inate the uncertaint" or contro%ers" which a%e rise to the action# or in an" case where the declaration or construction is not necessar" and !ro!er under the circu&stances. (a# R/,) SEC. /. Conversion into ordinary action.2If before the final ter&ination of the case# a breach or %iolation of an instru&ent or a statute# e$ecuti%e order or reulation# ordinance# or an" other o%ern&ental reulation should take !lace# the action &a" thereu!on be con%erted into an ordinar" action# and the !arties shall be allowed to file such !leadins as &a" be necessar" or !ro!er. (/a# R/,)
RULE 42
RE!E; OF =U.,3E-TS A-. F!-AL OR.ERS OR RESOLUT!O-S OF T) da"s fro& notice of the +ud&ent or final order or resolution souht to be re%iewed. The filin of a &otion for new trial or reconsideration of said +ud&ent or final order or resolution# if allowed under the !rocedural rules of the Co&&ission concerned# shall interru!t the !eriod herein fi$ed. If the &otion is denied# the arie%ed !art" &a" file the !etition within the re&ainin !eriod# but which shall not be less than fi%e () da"s in an" e%ent# reckoned fro& notice of denial. (n) SEC. ,. +oc)et and other lawful fees.— 7!on the filin of the !etition# the !etitioner shall !a" to the clerk of court the docket and other lawful fees and de!osit the a&ount of ;>>.>> for costs. (n) SEC. . 4orm and contents of petition.2 The !etition shall be %erified and filed in eihteen (1<) leible co!ies. The !etition shall na&e the arie%ed !art" as !etitioner and shall +oin as res!ondents the Co&&ission concerned and the !erson or !ersons interested in sustainin the +ud&ent# final order or resolution a 6uo. The !etition shall state the facts with certaint"# !resent clearl" the issues in%ol%ed# set forth the rounds and brief aru6 &ents relied u!on for re%iew# and !ra" for +ud&ent annullin or &odif"in the 9uestioned +ud&ent# final order or resolution. ?indins of fact of the Co&&ission su!!orted b" substantial e%idence shall be final and non6re%iewable. The !etition shall be acco&!anied b" a clearl" leible du!licate oriinal or certified true co!" of the +ud&ent# final order or resolution sub+ect thereof# toether with certified true co!ies of such &aterial !ortions of the record as are referred to therein and other docu&ents rele%ant and !ertinent thereto. The re9uisite nu&ber of co!ies of the !etition shall contain !lain co!ies of all docu&ents attached to the oriinal co!" of said !etition.
The !etition shall state the s!ecific &aterial dates showin that it was filed within the !eriod fi$ed herein# and shall contain a sworn certification aainst foru& sho!!in as !ro%ided in the third !arara!h of section '# Rule ,/. The !etition shall further be acco&!anied b" !roof of ser%ice of a co!" thereof on the Co&&ission concerned and on the ad%erse !art"# and of the ti&el" !a"&ent of docket and other lawful fees. The failure of !etitioner to co&!l" with an" of the foreoin re9uire&ents shall be sufficient round for the dis&issal of the !etition. (n) SEC. /. Order to comment.2If the Su!re&e Court finds the !etition sufficient in for& and substance# it shall order the res!ondents to file their co&&ents on the !etition within ten (1>) da"s fro& notice thereof# otherwise# the Court &a" dis&iss the !etition outriht. The Court &a" also dis&iss the !etition if it was filed &anifestl" for dela"# or the 9uestions raised are too unsubstantial to warrant further !roceedins. (n) SEC. :. Comments of respondents.—The co&&ents of the res!ondents shall be filed in eihteen (1<) leible co!ies. The oriinal shall be acco&!anied b" certified true co!ies of such &aterial !ortions of the record as are referred to therein toether with other su!!ortin !a!ers. The re9uisite nu&ber of co!ies of the co&&ents shall contain !lain co!ies of all docu&ents attached to the oriinal and a co!" thereof shall be ser%ed on the !etitioner. No other !leadin &a" be filed b" an" !art" unless re9uired or allowed b" the Court. (n) SEC. <. *ffect of filing.2The filin of a !etition for certiorari shall not sta" the e$ecution of the +ud&ent or final order or resolution souht to be re%iewed# unless the Su!re&e Court shall direct otherwise u!on such ter&s as it &a" dee& +ust. (n) SEC. =. Submission for decision.27nless the Court sets the case for oral aru&ent# or re9uires the !arties to sub&it &e&oranda# the case shall be dee&ed sub&itted for decision u!on the filin of the co&&ents on the !etition# or of such other !leadins or !a!ers as &a" be re9uired or allowed# or the e$!iration of the !eriod to do so. (n)
RULE 45
CERT!ORAR!" PRO
SECTION 1. $etition for certiorari .—2hen an" tribunal# board or officer e$ercisin +udicial or 9uasi6+udicial functions has acted without or in e$cess of its or his +urisdiction# or with ra%e abuse of discretion a&ountin to lack or e$cess of +urisdiction# and there is no a!!eal# or an" !lain# s!eed"# and ade9uate re&ed" in the ordinar" course of law# a !erson arie%ed thereb" &a" file a %erified !etition in the !ro!er court# allein the facts with certaint" and !ra"in that +ud&ent be rendered annullin or &odif"in the !roceedins of such tribunal# board or officer# and rantin such incidental reliefs as law and +ustice &a" re9uire. The !etition shall be acco&!anied b" a certified true co!" of the +ud&ent# order or resolution sub+ect thereof# co!ies of all !leadins and docu&ents rele%ant and !ertinent thereto# and a sworn certification of non6foru& sho!!in as !ro%ided in the third !arara!h of section '# Rule ,/. (1a) SEC. . $etition for prohibition.22hen the !roceedins of an" tribunal# cor!oration# board# officer or !erson# whether e$ercisin +udicial# 9uasi6+udicial or &inisterial functions# are without or in e$cess of its or his +urisdiction# or with ra%e abuse of discretion a&ountin to lack or e$cess of +urisdiction# and there is no a!!eal or an" other !lain# s!eed"# and ade9uate re&ed" in the ordinar" course of law# a !erson arie%ed thereb" &a" file a %erified !etition in the !ro!er court# allein the facts with certaint" and !ra"in that +ud&ent be rendered co&&andin the res!ondent to desist fro& further !roceedins in the action or &atter s!ecified therein# or otherwise rantin such incidental reliefs as law and +ustice &a" re9uire. The !etition shall likewise be acco&!anied b" a certified true co!" of the +ud&ent# order or resolution sub+ect thereof# co!ies of all !leadins and docu&ents rele%ant and !ertinent thereto# and a sworn certification of non6foru& sho!!in as !ro%ided in the third !arara!h of section '# Rule ,/. (a) SEC. '. $etition for mandamus.22hen an" tribunal# cor!oration# board# officer or !erson unlawfull" nelects the !erfor&ance of an act which the law s!ecificall" en+oins as a dut" resultin fro& an office# trust# or station# or unlawfull" e$cludes another fro& the use and en+o"&ent of a riht or office to which such other is entitled# and there is no other !lain# s!eed" and ade9uate re&ed" in the ordinar" course of law# the !erson arie%ed thereb" &a" file a %erified !etition in the !ro!er court# allein the facts with certaint" and !ra"in that +ud&ent be rendered co&&andin the res!ondent# i&&ediatel" or at so&e other ti&e to be s!ecified b" the court# to do the act re9uired to be done to !rotect the rihts of the !etitioner# and to !a" the da&aes sustained b" the !etitioner b" reason of the wronful acts of the res!ondent.
The !etition shall also contain a sworn certification of non6foru& sho!!in as !ro%ided in the third !arara!h of section '# Rule ,/. ('a)
the res!ondents in such &anner as the court &a" direct# toether with a co!" of the !etition and an" anne$es thereto.
SEC. ,. #hen and where petition filed.2 The !etition &a" be filed not later than si$t" (/>) da"s fro& notice of the +ud&ent# order or resolution. In case a &otion for reconsideration or new trial is ti&el" filed# whether such &otion is re9uired or not# the si$t" (/>) da" !eriod shall be counted fro& notice of the denial of said &otion.
In !etitions for certiorari before the Su!re&e Court and the Court of !!eals# the !ro%isions of section # Rule /# shall be obser%ed. *efore i%in due course thereto# the court &a" re9uire the res!ondents to file their co&&ent to# and not a &otion to dis&iss# the !etition. Thereafter# the court &a" re9uire the filin of a re!l" and such other res!onsi%e or other !leadins as it &a" dee& necessar" and !ro!er. (/a)
The !etition shall be filed in the Su!re&e Court or# if it relates to the acts or o&issions of a lower court or of a cor!oration# board# officer or !erson# in the Reional Trial Court e$ercisin +urisdiction o%er the territorial area as defined b" the Su!re&e Court. It &a" also be filed in the Court of !!eals whether or not the sa&e is in aid of its a!!ellate +urisdiction# or in the Sandianba"an if it is in aid of its a!!ellate +urisdiction. If it in%ol%es the acts or o&issions of a 9uasi6+udicial aenc"# and unless otherwise !ro%ided b" law or these rules# the !etition shall be filed in and coni-able onl" b" the Court of !!eals. No e$tension of ti&e to file the !etition shall be ranted e$ce!t for co&!ellin reason and in no case e$ceedin fifteen (1) da"s. SEC. . Respondents and costs in certain cases22hen the !etition filed relates to the acts or o&issions of a +ude# court# 9uasi6+udicial aenc"# tribunal# cor!oration# board# officer or !erson# the !etitioner shall +oin# as !ri%ate res!ondent or res!ondents with such !ublic res!ondent or res!ondents# the !erson or !ersons interested in sustainin the !roceedins in the court and it shall be the dut" of such !ri%ate res!ondents to a!!ear and defend# both in his or their own behalf and in behalf of the !ublic res!ondent or res!ondents affected b" the !roceedins# and the costs awarded in such !roceedins in fa%or of the !etitioner shall be aainst the !ri%ate res!ondents onl"# and not aainst the +ude# court# 9uasi6+udicial aenc"# tribunal# cor!oration# board# officer or !erson i&!leaded as !ublic res!ondent or res!ondents. 7nless otherwise s!ecificall" directed b" the court where the !etition is !endin# the !ublic res!ondents shall not a!!ear in or file an answer or co&&ent to the !etition or an" !leadin therein. If the case is ele%ated to a hiher court b" either !art"# the !ublic res!ondents shall be included therein as no&inal !arties. 8owe%er# unless otherwise s!ecificall" directed b" the court# the" shall not a!!ear or !artici!ate in the !roceedins therein. (a) SEC. /. Order to comment.& If the !etition is sufficient in for& and substance to +ustif" such !rocess# the court shall issue an order re9uirin the res!ondent or res!ondents to co&&ent on the !etition within ten (1>) da"s fro& recei!t of a co!" thereof. Such order shall be ser%ed on
SEC. :. *pediting proceedings; in"unctive relief.2The court in which the !etition is filed &a" issue orders e$!editin the !roceedins# and it &a" also rant a te&!orar" restrainin order or a writ of !reli&inar" in+unction for the !reser%ation of the rihts of the !arties !endin such !roceedins. The !etition shall not interru!t the course of the !rinci!al case unless a te&!orar" restrainin order or a writ of !reli&inar" in+unction has been issued aainst the !ublic res!ondent fro& further !roceedin in the case. (:a) SEC. <. $roceedings after comment is filed. 2fter the co&&ent or other !leadins re9uired b" the court are filed# or the ti&e for the filin thereof has e$!ired# the court &a" hear the case or re9uire the !arties to sub&it &e&oranda. If after such hearin or sub&ission of &e&oranda or the e$!iration of the !eriod for the filin thereof the court finds that the alleations of the !etition are true# it shall render +ud&ent for the relief !ra"ed for or to which the !etitioner is entitled. The court# howe%er# &a" dis&iss the !etition if it finds the sa&e to be !atentl" without &erit# !rosecuted &anifestl" for dela"# or that the 9uestions raised therein are too unsubstantial to re9uire consideration. (
RULE 44
@UO ;ARRA-TO SECTION 1. (ction by -overnment against
individuals.2n action for the usur!ation of a !ublic office# !osition or franchise &a" be co&&enced b" a %erified !etition brouht in the na&e of the Re!ublic of the ;hili!!ines aainst0
entitled to the !ublic office# !osition or franchise &a" be &ade !arties# and their res!ecti%e rihts to such !ublic office# !osition or franchise deter&ined# in the sa&e action. (:a)
(a) !erson who usur!s# intrudes into# or unlawfull" holds or e$ercises a !ublic office# !osition or franchise
SEC. :. enue.2n action under the !recedin si$ sections can be brouht onl" in the Su!re&e Court# the Court of !!eals# or in the Reional Trial Court e$ercisin +urisdiction o%er the territorial area where the res!ondent or an" of the res!ondents resides# but when the Solicitor @eneral co&&ences the action# it &a" be brouht in a Reional Trial Court in the Cit" of 3anila# in the Court of !!eals# or in the Su!re&e Court. (
(b) !ublic officer who does or suffers an act which# b" the !ro%ision of law# constitutes a round for the forfeiture of his office or (c) n association which acts as a cor!oration within the ;hili!!ines without bein leall" incor!orated or without lawful authorit" so to act. (1a) SEC. . #hen Solicitor -eneral or public prosecutor must commence action.—The Solicitor @eneral or a !ublic !rosecutor# when directed b" the ;resident of the ;hili!!ines# or when u!on co&!laint or otherwise he has ood reason to belie%e that an" case s!ecified in the !recedin section can be established b" !roof# &ust co&&ence such action. ('a) SEC. '. #hen Solicitor -eneral or public prosecutor may commence action with permission of court.2The Solicitor @eneral or a !ublic !rosecutor &a"# with the !er&ission of the court in which the action is to be co&&enced# brin such an action at the re9uest and u!on the relation of another !erson but in such case the officer brinin it &a" first re9uire an inde&nit" for the e$!enses and costs of the action in an a&ount a!!ro%ed b" and to be de!osited in the court b" the !erson at whose re9uest and u!on whose relation the sa&e is brouht. (,a) SEC. ,. #hen hearing had on application for permission to commence action.27!on a!!lication for !er&ission to co&&ence such action in accordance with the ne$t !recedin section# the court shall direct that notice be i%en to the res!ondent so that he &a" be heard in o!!osition thereto and if !er&ission is ranted# the court shall issue an order to that effect# co!ies of which shall be ser%ed on all interested !arties# and the !etition shall then be filed within the !eriod ordered b" the court. (a) SEC. . #hen an individual may commence such an action.— !erson clai&in to be entitled to a !ublic office or !osition usur!ed or unlawfull" held or e$ercised b" another &a" brin an action therefor in his own na&e. (/) SEC. /. $arties and contents of petition against usurpation.22hen the action is aainst a !erson for usur!in a !ublic office# !osition or franchise# the !etition shall set forth the na&e of the !erson who clai&s to be entitled thereto# if an"# with an a%er&ent of his riht to the sa&e and that the res!ondent is unlawfull" in !ossession thereof. ll !ersons who clai& to be
SEC. <. $eriod for pleadings and proceedings may be reduced; action given precedence .2The court &a" reduce the !eriod !ro%ided b" these Rules for filin !leadins and for all other !roceedins in the action in order to secure the &ost e$!editious deter&ination of the &atters in%ol%ed therein consistent with the rihts of the !arties. Such action &a" be i%en !recedence o%er an" other ci%il &atter !endin in the court. (=a) SEC. 9. udgment where usurpation found . —2hen the res!ondent is found uilt" of usur!in# intrudin into# or unlawfull" holdin or e$ercisin a !ublic office# !osition or franchise# +ud&ent shall be rendered that such res!ondent be ousted and altoether e$cluded therefro&# and that the !etitioner or relator# as the case &a" be# reco%er his costs. Such further +ud&ent &a" be rendered deter&inin the res!ecti%e rihts in and to the !ublic office# !osition or franchise of all the !arties to the action as +ustice re9uires. (1>a) SEC. 1>. Rights of persons ad"udged entitled to public office; delivery of boo)s and papers; damages.2If +ud&ent be rendered in fa%or of the !erson a%erred in the co&!laint to be entitled to the !ublic office he &a"# after takin the oath of office and e$ecutin an" official bond re9uired b" law# take u!on hi&self the e$ecution of the office# and &a" i&&ediatel" thereafter de&and of the res!ondent all the books and !a!ers in the res!ondents custod" or control a!!ertainin to the office to which the +ud&ent relates. If the res!ondent refuses or nelects to deli%er an" book or !a!er !ursuant to such de&and# he &a" be !unished for conte&!t as ha%in disobe"ed a lawful order of the court. The !erson ad+uded entitled to the office &a" also brin action aainst the res!ondent to reco%er the da&aes sustained b" such !erson b" reason of the usur!ation. (1a) SEC. 11. 7imitations.2Nothin contained in this Rule shall be construed to authori-e an action aainst a !ublic officer or e&!lo"ee for his ouster fro& office unless the sa&e be co&&enced within one (1) "ear after the cause of such ouster# or the riht of the !etitioner to
hold such office or !osition# arose nor to authori-e an action for da&aes in accordance with the !ro%isions of the ne$t !recedin section unless the sa&e be co&&enced within one (1) "ear after the entr" of the +ud&ent establishin the !etitioners riht to the office in 9uestion. (1/a) SEC. 1. udgment for costs.2In an action brouht in accordance with the !ro%isions of this Rule# the court &a" render +ud&ent for costs aainst either the !etitioner# the relator# or the res!ondent# or the !erson or !ersons clai&in to be a cor!oration# or &a" a!!ortion the costs# as +ustice re9uires. (1:a)
RULE 47
E?PROPR!AT!OSECTION 1. The complaint.2The riht of e&inent do&ain shall be e$ercised b" the filin of a %erified co&!laint which shall state with certaint" the riht and !ur!ose of e$!ro!riation# describe the real or !ersonal !ro!ert" souht to be e$!ro!riated# and +oin as defendants all !ersons ownin or clai&in to own# or occu!"in# an" !art thereof or interest therein# showin# so far as !racticable# the se!arate interest of each defendant. If the title to an" !ro!ert" souht to be e$!ro!riated a!!ears to be in the Re!ublic of the ;hili!!ines# althouh occu!ied b" !ri%ate indi%iduals# or if the title is otherwise obscure or doubtful so that the !laintiff cannot with accurac" or certaint" s!ecif" who are the real owners# a%er&ent to that effect shall be &ade in the co&!laint. (1a) SEC. . *ntry of plaintiff upon depositing value with authori5ed government depository.2 7!on the filin of the co&!laint or at an" ti&e thereafter and after due notice to the defendant# the !laintiff shall ha%e the riht to take or enter u!on the !ossession of the real !ro!ert" in%ol%ed if he de!osits with the authori-ed o%ern&ent de!ositar" an a&ount e9ui%alent to the assessed %alue of the !ro!ert" for !ur!oses of ta$ation to be held b" such bank sub+ect to the orders of the court. Such de!osit shall be in &one"# unless in lieu thereof the court authori-es the de!osit of a certificate of de!osit of a o%ern&ent bank of the Re!ublic of the ;hili!!ines !a"able on de&and to the authori-ed o%ern&ent de!ositar".
forthwith !lace the !laintiff in !ossession of the !ro!ert" in%ol%ed and !ro&!tl" sub&it a re!ort thereof to the court with ser%ice of co!ies to the !arties. (a) SEC. '. +efenses and ob"ections.2If a defendant has no ob+ection or defense to the action or the takin of his !ro!ert"# he &a" file and ser%e a notice of a!!earance and a &anifestation to that effect# s!ecificall" desinatin or identif"in the !ro!ert" in which he clai&s to be interested# within the ti&e stated in the su&&ons. Thereafter# he shall be entitled to notice of all !roceedins affectin the sa&e. If a defendant has an" ob+ection to the filin of or the alleations in the co&!laint# or an" ob+ection or defense to the takin of his !ro!ert"# he shall ser%e his answer within the ti&e stated in the su&&ons. The answer shall s!ecificall" desinate or identif" the !ro!ert" in which he clai&s to ha%e an interest# state the nature and e$tent of the interest clai&ed# and adduce all his ob+ections and defenses to the takin of his !ro!ert". No counterclai&# cross6 clai& or third6!art" co&!laint shall be alleed or allowed in the answer or an" subse9uent !leadin. defendant wai%es all defenses and ob+ections not so alleed but the court# in the interest of +ustice# &a" !er&it a&end&ents to the answer to be &ade not later than ten (1>) da"s fro& the filin thereof. 8owe%er# at the trial of the issue of +ust co&!ensation# whether or not a defendant has !re%iousl" a!!eared or answered# he &a" !resent e%idence as to the a&ount of the co&!ensation to be !aid for his !ro!ert"# and he &a" share in the distribution of the award. SEC. ,. Order of epropriation.2If the ob+ections to and the defenses aainst the riht of the !laintiff to e$!ro!riate the !ro!ert" are o%erruled# or when no !art" a!!ears to defend as re9uired b" this Rule# the court &a" issue an order of e$!ro!riation declarin that the !laintiff has a lawful riht to take the !ro!ert" souht to be e$!ro!riated# for the !ublic use or !ur!ose described in the co&!laint# u!on the !a"&ent of +ust co&!ensation to be deter&ined as of the date of the takin of the !ro!ert" or the filin of the co&!laint# whiche%er ca&e first. final order sustainin the riht to e$!ro!riate the !ro!ert" &a" be a!!ealed b" an" !art" arie%ed thereb". Such a!!eal# howe%er# shall not !re%ent the court fro& deter&inin the +ust co&!ensation to be !aid.
If !ersonal !ro!ert" is in%ol%ed# its %alue shall be !ro%isionall" ascertained and the a&ount to be de!osited shall be !ro&!tl" fi$ed b" the court.
fter the rendition of such an order# the !laintiff shall not be !er&itted to dis&iss or discontinue the !roceedin e$ce!t on such ter&s as the court dee&s +ust and e9uitable. (,a)
fter such de!osit is &ade the court shall order the sheriff or other !ro!er officer to
SEC. . (scertainment of compensation.— 7!on the rendition of the order of e$!ro!riation#
the court shall a!!oint not &ore than three (') co&!etent and disinterested !ersons as co&&issioners to ascertain and re!ort to the court the +ust co&!ensation for the !ro!ert" souht to be taken. The order of a!!oint&ent shall desinate the ti&e and !lace of the first session of the hearin to be held b" the co&&issioners and s!ecif" the ti&e within which their re!ort shall be sub&itted to the court. Co!ies of the order shall be ser%ed on the !arties. Ob+ections to the a!!oint&ent of an" of the co&&issioners shall be filed with the court within ten (1>) da"s fro& ser%ice# and shall be resol%ed within thirt" ('>) da"s after all the co&&issioners shall ha%e recei%ed co!ies of the ob+ections. (a) SEC. /. $roceedings by commissioners.— *efore enterin u!on the !erfor&ance of their duties# the co&&issioners shall take and subscribe an oath that the" will faithfull" !erfor& their duties as co&&issioners# which oath shall be filed in court with the other !roceedins in the case. E%idence &a" be introduced b" either !art" before the co&&issioners who are authori-ed to ad&inister oaths on hearins before the&# and the co&&issioners shall# unless the !arties consent to the contrar"# after due notice to the !arties to attend# %iew and e$a&ine the !ro!ert" souht to be e$!ro!riated and its surroundins# and &a" &easure the sa&e# after which either !art" &a"# b" hi&self or counsel# arue the case. The co&&issioners shall assess the conse9uential da&aes to the !ro!ert" not taken and deduct fro& such conse9uential da&aes the conse9uential benefits to be deri%ed b" the owner fro& the !ublic use or !ur!ose of the !ro!ert" taken# the o!eration of its franchise b" the cor!oration or the carr"in on of the business of the cor!oration or !erson takin the !ro!ert". *ut in no case shall the conse9uential benefits assessed e$ceed the conse9uential da&aes assessed# or the owner be de!ri%ed of the actual %alue of his !ro!ert" so taken.(/a) SEC. :. Report by commissioners and "udgment thereupon.2 The court &a" order the co&&issioners to re!ort when an" !articular !ortion of the real estate shall ha%e been !assed u!on b" the&# and &a" render +ud&ent u!on such !artial re!ort# and direct the co&&issioners to !roceed with their work as to subse9uent !ortions of the !ro!ert" souht to be e$!ro!riated# and &a" fro& ti&e to ti&e so deal with such !ro!ert". The co&&issioners shall &ake a full and accurate re!ort to the court of all their !roceedins# and such !roceedins shall not be effectual until the court shall ha%e acce!ted their re!ort and rendered +ud&ent in accordance with their reco&&endations. E$ce!t as otherwise e$!ressl" ordered b" the court# such re!ort shall be filed within si$t" (/>) da"s fro& the date the co&&issioners were notified of their a!!oint&ent# which ti&e &a" be e$tended in
the discretion of the court. 7!on the filin of such re!ort# the clerk of the court shall ser%e co!ies thereof on all interested !arties# with notice that the" are allowed ten (1>) da"s within which to file ob+ections to the findins of the re!ort# if the" so desire. (:a) SEC. <. (ction upon commissioners? report. 27!on the e$!iration of the !eriod of ten (1>) da"s referred to in the !recedin section# or e%en before the e$!iration of such !eriod but after all the interested !arties ha%e filed their ob+ections to the re!ort or their state&ent of aree&ent therewith# the court &a"# after hearin# acce!t the re!ort and render +ud&ent in accordance therewith or# for cause shown# it &a" reco&&it the sa&e to the co&&issioners for further re!ort of facts or it &a" set aside the re!ort and a!!oint new co&&issioners or it &a" acce!t the re!ort in !art and re+ect it in !art and it &a" &ake such order or render such +ud&ent as shall secure to the !laintiff the !ro!ert" essential to the e$ercise of his riht of e$!ro!riation# and to the defendant +ust co&!ensation for the !ro!ert" so taken. (. Rights of plaintiff after "udgment and payment.2 7!on !a"&ent b" the !laintiff to the defendant of the co&!ensation fi$ed b" the +ud&ent# with leal interest thereon fro& the takin of the !ossession of the !ro!ert"# or after tender to hi& of the a&ount so fi$ed and !a"&ent of the costs# the !laintiff shall ha%e the riht to enter u!on the !ro!ert" e$!ro!riated and to a!!ro!riate it for the !ublic use or !ur!ose defined in the +ud&ent# or to retain it should he ha%e taken i&&ediate !ossession thereof under the !ro%isions of section hereof. If the defendant and his counsel absent the&sel%es fro& the court# or decline to recei%e the a&ount tendered# the sa&e shall be ordered to be de!osited in court and such de!osit shall ha%e the sa&e effect as actual !a"&ent thereof to the defendant or the !erson ulti&atel" ad+uded entitled thereto. (1>a) SEC. 11. *ntry not delayed by appeal; effect of reversal.2 The riht of the !laintiff to enter u!on the !ro!ert" of the defendant and a!!ro!riate the sa&e for !ublic use or !ur!ose shall not be dela"ed b" an a!!eal fro& the +ud&ent. *ut if the a!!ellate court deter&ines that !laintiff has no riht of e$!ro!riation#
+ud&ent shall be rendered orderin the Reional Trial Court to forthwith enforce the restoration to the defendant of the !ossession of the !ro!ert"# and to deter&ine the da&aes which the defendant sustained and &a" reco%er b" reason of the !ossession taken b" the !laintiff. (11a) SEC. 1. Costs, by whom paid.2The fees of the co&&issioners shall be ta$ed as a !art of the costs of the !roceedins. ll costs# e$ce!t those of ri%al clai&ants litiatin their clai&s# shall be !aid b" the !laintiff# unless an a!!eal is taken b" the owner of the !ro!ert" and the +ud&ent is affir&ed# in which e%ent the costs of the a!!eal shall be !aid b" the owner. (1a) SEC. 1'. Recording "udgment, and its effect .—The +ud&ent entered in e$!ro!riation !roceedins shall state definitel"# b" an ade9uate descri!tion# the !articular !ro!ert" or interest therein e$!ro!riated# and the nature of the !ublic use or !ur!ose for which it is e$!ro!riated. 2hen real estate is e$!ro!riated# a certified co!" of such +ud&ent shall be recorded in the reistr" of deeds of the !lace in which the !ro!ert" is situated# and its effect shall be to %est in the !laintiff the title to the real estate so described for such !ublic use or !ur!ose. (1'a) SEC. 1,. $ower of guardian in such proceedings.—The uardian or uardian ad litem of a &inor or of a !erson +udiciall" declared to be inco&!etent &a"# with the a!!ro%al of the court first had# do and !erfor& on behalf of his ward an" act# &atter# or thin res!ectin the e$!ro!riation for !ublic use or !ur!ose of !ro!ert" belonin to such &inor or !erson +udiciall" declared to be inco&!etent# which such &inor or !erson +udiciall" declared to be inco&!etent could do in such !roceedins if he were of ae or co&!etent. (1,a)
RULE 48
FORECLOSURE OF REAL ESTATE 3ORT,A,E SECTION 1. Complaint in action for foreclosure.2In an action for the foreclosure of a &ortae or other encu&brance u!on real estate# the co&!laint shall set forth the date and due e$ecution of the &ortae its assin&ents# if an" the na&es and residences of the &ortaor and the &ortaee a descri!tion of the &ortaed !ro!ert" a state&ent of the date of the note or other docu&entar" e%idence of the obliation secured b" the &ortae# the a&ount clai&ed to be un!aid thereon and the na&es and residences of all !ersons ha%in or clai&in an interest in the !ro!ert" subordinate in riht to that of the holder of the &ortae# all
of who& shall be &ade defendants in the action. (1a) SEC. . udgment on foreclosure for payment or sale.2If u!on the trial in such action the court shall find the facts set forth in the co&!laint to be true# it shall ascertain the a&ount due to the !laintiff u!on the &ortae debt or obliation# includin interest and other chares as a!!ro%ed b" the court# and costs# and shall render +ud&ent for the su& so found due and order that the sa&e be !aid to the court or to the +ud&ent obliee within a !eriod of not less than ninet" (=>) da"s nor &ore than one hundred twent" (1>) da"s fro& the entr" of +ud&ent# and that in default of such !a"&ent the !ro!ert" shall be sold at !ublic auction to satisf" the +ud&ent. (a) SEC. '. Sale of mortgaged property; effect.22hen the defendant# after bein directed to do so as !ro%ided in the ne$t !recedin section# fails to !a" the a&ount of the +ud&ent within the !eriod s!ecified therein# the court# u!on &otion# shall order the !ro!ert" to be sold in the &anner and under the !ro%isions of Rule '= and other reulations o%ernin sales of real estate under e$ecution. Such sale shall not affect the rihts of !ersons holdin !rior encu&brances u!on the !ro!ert" or a !art thereof# and when confir&ed b" an order of the court# also u!on &otion# it shall o!erate to di%est the rihts in the !ro!ert" of all the !arties to the action and to %est their rihts in the !urchaser# sub+ect to such rihts of rede&!tion as &a" be allowed b" law. 7!on the finalit" of the or der of confir&ation or u!on the e$!iration of the !eriod of rede&!tion when allowed b" law# the !urchaser at the auction sale or last rede&!tioner# if an"# shall be entitled to the !ossession of the !ro!ert" unless a third !art" is actuall" holdin the sa&e ad%ersel" to the +ud&ent oblior. The said !urchaser or last rede&!tioner &a" secure a writ of !ossession# u!on &otion# fro& the court which ordered the foreclosure. ('a) SEC. ,. +isposition of proceeds of sale.2 The a&ount reali-ed fro& the foreclosure sale of the &ortaed !ro!ert" shall# after deductin the costs of the sale# be !aid to the !erson foreclosin the &ortae# and when there shall be an" balance or residue# after !a"in off the &ortae debt due# the sa&e shall be !aid to +unior encu&brancers in the order of their !riorit"# to be ascertained b" the court# or if there be no such encu&brancers or there be a balance or residue after !a"&ent to the&# then to the &ortaor or his dul" authori-ed aent# or to the !erson entitled to it. (,a) SEC. . 3ow sale to proceed in case the debt is not all due.2 If the debt for which the &ortae or encu&brance was held is not all due as !ro%ided in the +ud&ent# as soon as a
sufficient !ortion of the !ro!ert" has been sold to !a" the total a&ount and the costs due# the sale shall ter&inate and afterwards# as often as &ore beco&es due for !rinci!al or interest and other %alid chares# the court &a"# on &otion# order &ore to be sold. *ut if the !ro!ert" cannot be sold in !ortions without !re+udice to the !arties# the whole shall be ordered to be sold in the first instance# and the entire debt and costs shall be !aid# if the !roceeds of the sale be sufficient therefor# there bein a rebate of interest where such rebate is !ro!er. (a) SEC. /. +eficiency "udgment.2If u!on the sale of an" real !ro!ert" as !ro%ided in the ne$t !recedin section there be a balance due to the !laintiff after a!!l"in the !roceeds of the sale# the court# u!on &otion# shall render +ud&ent aainst the defendant for an" such balance for which# b" the record of the case# he &a" be !ersonall" liable to the !laintiff# u!on which e$ecution &a" issue i&&ediatel" if the balance is all due at the ti&e of the rendition of the +ud&ent otherwise# the !laintiff shall be entitled to e$ecution at such ti&e as the balance re&ainin beco&es due under the ter&s of the oriinal contract# which ti&e shall be stated in the +ud&ent. (/a) SEC. :. Registration.2 certified co!" of the final order of the court confir&in the sale shall be reistered in the reistr" of deeds. If no riht of rede&!tion e$ists# the certificate of title in the na&e of the &ortaor shall be cancelled# and a new one issued in the na&e of the !urchaser. 2here a riht of rede&!tion e$ists# the certificate of title in the na&e of the &ortaor shall not be cancelled# but the certificate of sale and the order confir&in the sale shall be reistered and a brief &e&orandu& thereof &ade b" the reistrar of deeds u!on the certificate of title. In the e%ent the !ro!ert" is redee&ed# the deed of rede&!tion shall be reistered with the reistr" of deeds# and a brief &e&orandu& thereof shall be &ade b" the reistrar of deeds on said certificate of title. If the !ro!ert" is not redee&ed# the final deed of sale e$ecuted b" the sheriff in fa%or of the !urchaser at the foreclosure sale shall be reistered with the reistr" of deeds whereu!on the certificate of title in the na&e of the &ortaor shall be cancelled and a new one issued in the na&e of the !urchaser. (n) SEC. <. (pplicability of other provisions.2 The !ro%isions of sections '1# ' and ', of Rule '= shall be a!!licable to the +udicial foreclosure of real estate &ortaes under this Rule insofar as the for&er are not inconsistent with or &a" ser%e to su!!le&ent the !ro%isions of the latter. (
RULE 49
PART!T!OSECTION 1. Complaint in action for partition of real estate.2 !erson ha%in the riht to co&!el the !artition of real estate &a" do so as !ro%ided in this Rule# settin forth in his co&!laint the nature and e$tent of his title and an ade6uate descri!tion of the real estate of which !artition is de&anded and +oinin as defendants all other !ersons interested in the !ro!ert". (1a) SEC. . Order for partition, and partition, by agreement thereunder.2If after the trial the court finds that the !laintiff has the riht thereto# it shall order the !artition of the real estate a&on all the !arties in interest. Thereu!on the !arties &a"# if the" are able to aree# &ake the !artition a&on the&sel%es b" !ro!er instru&ents of con%e"ance# and the court shall confir& the !artition so areed u!on b" all the !arties# and such !artition# toether with the order of the court confir&in the sa&e# shall be recorded in the reistr" of deeds of the !lace in which the !ro!ert" is situated. (a) final order decreein !artition and accountin &a" be a!!ealed b" an" !art" arie%ed thereb". (n) SEC. '. Commissioners to ma)e partition when parties fail to agree.2If the !arties are unable to aree u!on the !artition# the court shall a!!oint not &ore than three (') co&!etent and disinterested !ersons as co&&issioners to &ake the !artition# co&&andin the& to set off to the !laintiff and to each !art" in interest such !art and !ro!ortion of the !ro!ert" as the court shall direct. ('a) SEC. ,. Oath and duties of commissioners. 2*efore &akin such !artition# the co&&issioners shall take and subscribe an oath that the" will faithfull" !erfor& their duties as co&&issioners# which oath shall be filed in court with the other !roceedins in the case. In &akin the !artition# the co&&issioners shall %iew and e$a&ine the real estate# after due notice to the !arties to attend at such %iew and e$a&ination# and shall hear the !arties as to their !reference in the !ortion of the !ro!ert" to be set a!art to the& and the co&!arati%e %alue thereof# and shall set a!art the sa&e to the !arties in lots or !arcels as will be &ost ad%antaeous and e9uitable# ha%in due reard to the i&!ro%e&ents# situation and 9ualit" of the different !arts thereof. (,a) SEC. . (ssignment or sale of real estate by commissioners.22hen it is &ade to a!!ear to the co&&issioners that the real estate# or a !ortion thereof# cannot be di%ided without !re+udice to the interests of the !arties# the
court &a" order it assined to one of the !arties willin to take the sa&e# !ro%ided he !a"s to the other !arties such a&ounts as the co&&issioners dee& e9uitable# unless one of the interested !arties asks that the !ro!ert" be sold instead of bein so assined# in which case the court shall order the co&&issioners to sell the real estate at !ublic sale under such conditions and within such ti&e as the court &a" deter&ine. (a) SEC. /. Report of commissioners; proceedings not binding until confirmed.2The co&&issioners shall &ake a full and accurate re!ort to the court of all their !roceedins as to the !artition# or the assin&ent of real estate to one of the !arties# or the sale of the sa&e. 7!on the filin of such re!ort# the clerk of court shall ser%e co!ies thereof on all the interested !arties with notice that the" are allowed ten (1>) da"s within which to file ob+ections to the findins of the re!ort# if the" so desire. No !roceedin had before or conducted b" the co&&issioners shall !ass the title to the !ro!ert" or bind the !arties until the court shall ha%e acce!ted the re!ort of the co&&issioners and rendered +ud&ent thereon. (/a) SEC. :. (ction of the court upon commissioners? report.2 7!on the e$!iration of the !eriod of ten (1>) da"s referred to in the !recedin section# or e%en before the e$!iration of such !eriod but after the interested !arties ha%e filed their ob+ections to the re!ort or their state&ent of aree&ent therewith# the court &a"# u!on hearin# acce!t the re!ort and render +ud&ent in accordance therewith or# for cause shown# reco&&it the sa&e to the co&&issioners for further re!ort of facts or set aside the re!ort and a!!oint new co&&issioners or acce!t the re!ort in !art and re+ect it in !art and &a" &ake such order and render such +ud&ent as shall effectuate a fair and +ust !artition of the real estate# or of its %alue# if assined or sold as abo%e !ro%ided# between the se%eral owners thereof. (:) SEC. <. (ccounting for rent and profits in action for partition.2In an action for !artition in accordance with this Rule# a !art" shall reco%er fro& another his +ust share of rents and !rofits recei%ed b" such other !art" fro& the real estate in 9uestion# and the +ud&ent shall include an allowance for such rents and !rofits. (
SEC. 1>. Costs and epenses to be taed and collected .—The court shall e9uitabl" ta$ and a!!ortion between or a&on the !arties the costs and e$!enses which accrue in the action# includin the co&!ensation of the co&&issioners# ha%in reard to the interests of the !arties# and e$ecution &a" issue therefor as in other cases. (1>a) SEC. 11. The "udgment and its effect; copy to be recorded in registry of deeds.2 If actual !artition of !ro!ert" is &ade# the +ud&ent shall state definitel"# b" &etes and bounds and ade9uate descri!tion# the !articular !ortion of the real estate assined to each !art"# and the effect of the +ud&ent shall be to %est in each !art" to the action in se%eralt" the !ortion of the real estate assined to hi&. If the whole !ro!ert" is assined to one of the !arties u!on his !a"in to the others the su& or su&s ordered b" the court# the +ud&ent shall state the fact of such !a"&ent and of the assin&ent of the real estate to the !art" &akin the !a"&ent# and the effect of the +ud&ent shall be to %est in the !art" &akin the !a"&ent the whole of the real estate free fro& an" interest on the !art of the other !arties to the action. If the !ro!ert" is sold and the sale confir&ed b" the court# the +ud&ent shall state the na&e of the !urchaser or !urchasers and a definite descri!tion of the !arcels of real estate sold to each !urchaser# and the effect of the +ud&ent shall be to %est the real estate in the !urchaser or !urchasers &akin the !a"&ent or !a"&ents# free fro& the clai&s of an" of the !arties to the action. certified co!" of the +ud&ent shall in either case be recorded in the reistr" of deeds of the !lace in which the real estate is situated# and the e$!enses of such recordin shall be ta$ed as !art of the costs of the action. (11a) SEC. 1. %either paramount rights nor amicable partition affected by this Rule.— Nothin in this Rule contained shall be construed so as to !re+udice# defeat# or destro" the riht or title of an" !erson clai&in the real estate in%ol%ed b" title under an" other !erson# or b" title !ara&ount to the title of the !arties a&on who& the !artition &a" ha%e been &ade nor so as to restrict or !re%ent !ersons holdin real estate +ointl" or in co&&on fro& &akin an a&icable !artition thereof b" aree&ent and suitable instru&ents of con%e"ance without recourse to an action. (1a) SEC. 1'. $artition of personal property.2 The !ro%isions of this Rule shall a!!l" to !artitions of estates co&!osed of !ersonal !ro!ert"# or of both real and !ersonal !ro!ert"# in so far as the sa&e &a" be a!!licable. (1')
RULE 7:
FORC!LE E-TR/ A-. U-LA;FUL .ETA!-ER SECTION 1. #ho may insti tute proceedings, and when.2Sub+ect to the !ro%isions of the ne$t succeedin section# a !erson de!ri%ed of the !ossession of an" land or buildin b" force# inti&idation# threat# strate"# or stealth# or a lessor# %endor# %endee# or other !erson aainst who& the !ossession of an" land or buildin is unlawfull" withheld after the e$!iration or ter&ination of the riht to hold !ossession# b" %irtue of an" contract# e$!ress or i&!lied# or the leal re!resentati%es or assins of an" such lessor# %endor# %endee# or other !erson &a" at an" ti&e within one (1) "ear after such unlawful de!ri%ation or withholdin of !ossession# brin an action in the !ro!er 3unici!al Trial Court aainst the !erson or !ersons unlawfull" withholdin or de!ri%in of !ossession# or an" !erson or !ersons clai&in under the&# for the restitution of such !ossession# toether with da&aes and costs. (1a) SEC. . 7essor to proceed against lessee only after demand.27nless otherwise sti!ulated# such action b" the lessor shall be co&&enced onl" after de&and to !a" or co&!l" with the conditions of the lease and to %acate is &ade u!on the lessee# or b" ser%in written notice of such de&and u!on the !erson found on the !re&ises# or b" !ostin such notice on the !re&ises if no !erson be found thereon# and the lessee fails to co&!l" therewith after fifteen (1) da"s in the case of land or fi%e () da"s in the case of buildins. (a) SEC. '. Summary procedure.—E$ce!t in cases co%ered b" the aricultural tenanc" laws or when the law otherwise e$!ressl" !ro%ides# all actions for forcible entr" and unlawful detainer# irres!ecti%e of the a&ount of da&aes or un!aid rentals souht to be reco%ered# shall be o%erned b" the su&&ar" !rocedure hereunder !ro%ided. (n) SEC. ,. $leadings allowed.2The onl" !leadins allowed to be filed are the co&!laint# co&!ulsor" counterclai& and cross6clai& !leaded in the answer# and the answers thereto. ll !leadins shall be %erified. ('a# RS;) SEC. . (ction on complaint.2The court &a"# fro& an e$a&ination of the alleations in the co&!laint and such e%idence as &a" be attached thereto# dis&iss the case outriht on an" of the rounds for the dis&issal of a ci%il action which are a!!arent therein. If no round for dis&issal is found# it shall forthwith issue su&&ons. (n) SEC. /. nswer.—2ithin ten (1>) da"s fro& ser%ice of su&&ons# the defendant shall file his answer to the co&!laint and ser%e a co!" thereof on the !laintiff. ffir&ati%e and neati%e defenses not !leaded therein shall be dee&ed wai%ed# e$ce!t lack of +urisdiction o%er
the sub+ect &atter. Cross6clai&s and co&!ulsor" counterclai&s not asserted in the answer shall be considered barred. The answer to counterclai&s or cross6clai&s shall be ser%ed and filed within ten (1>) da"s fro& ser%ice of the answer in which the" are !leaded. (# RS;) SEC. :. *ffect of failure to answer.2Should the defendant fail to answer the co&!laint within the !eriod abo%e !ro%ided# the court# motu proprio or on &otion of the !laintiff# shall render +ud&ent as &a" be warranted b" the facts alleed in the co&!laint and li&ited to what is !ra"ed for therein. The court &a" in its discretion reduce the a&ount of da&aes and attorne"s fees clai&ed for bein e$cessi%e or otherwise unconscionable# without !re+udice to the a!!licabilit" of section '(c)# Rule = if there are two or &ore defendants. (/# RS;) SEC. <. $reliminary conference; appearance of !arties.—Not later than thirt" ('>) da"s after the last answer is filed# a !reli&inar" conference shall be held. The !ro%isions of Rule 1< on !re6trial shall be a!!licable to the !reli&inar" conference unless inconsistent with the !ro%isions of this Rule. The failure of the !laintiff to a!!ear in the !reli&inar" conference shall be cause for the dis&issal of his co&!laint. The defendant who a!!ears in the absence of the !laintiff shall be entitled to +ud&ent on his counterclai& in accordance with the ne$t !recedin section. ll cross6clai&s shall be dis&issed. (:# RS;) If a sole defendant shall fail to a!!ear# the !laintiff shall likewise be entitled to +ud&ent in accordance with the ne$t !recedin section. This !rocedure shall not a!!l" where one Of two or &ore defendants sued under a co&&on cause of action who had !leaded a co&&on defense shall a!!ear at the !reli&inar" conference. No !ost!one&ent of the !reli&inar" conference shall be ranted e$ce!t for hihl" &eritorious rounds and without !re+udice to such sanctions as the court in the e$ercise of sound discretion &a" i&!ose on the &o%ant. (n) SEC. =. Record of preliminary conference. —2ithin fi%e () da"s after the ter&ination of the !reli&inar" conference# the court shall issue an order statin the &atters taken u! therein# includin but not li&ited to0 1. 2hether the !arties ha%e arri%ed at an a&icable settle&ent# and if so# the ter&s thereof . The sti!ulations or ad&issions entered into b" the !arties '. 2hether# on the basis of the !leadins and the sti!ulations and ad&issions &ade b" the !arties# +ud&ent &a" be rendered without the need of further !roceedins# in which e%ent the
+ud&ent shall be rendered within thirt" ('>) da"s fro& issuance of the order ,. clear s!ecification of &aterial facts which re&ain contro%erted and . Such other &atters intended to e$!edite the dis!osition of the case. (<# RS;) SEC. 1>. Submission of affidavits and position papers.2 2ithin ten (1>) da"s fro& recei!t of the order &entioned in the ne$t !recedin section# the !arties shall sub&it the affida%its of their witnesses and other e%idence on the factual issues defined in the order# toether with their !osition !a!ers settin forth the law and the facts relied u!on b" the&. (=# RS;) SEC. 11. $eriod for rendition of "udgment. 22ithin thirt" ('>) da"s after recei!t of the affida%its and !osition !a!ers# or the e$!iration of the !eriod for filin the sa&e# the court shall render +ud&ent. 8owe%er# should the court find it necessar" to clarif" certain &aterial facts# it &a"# durin the said !eriod# issue an order s!ecif"in the &atters to be clarified# and re9uire the !arties to sub&it affida%its or other e%idence on the said &atters within ten (1>) da"s fro& recei!t of said order. ud&ent shall be rendered within fifteen (1) da"s after the recei!t of the last affida%it or the e$!iration of the !eriod for filin the sa&e. The court shall not resort to the foreoin !rocedure +ust to ain ti&e for the rendition of the +ud&ent. (n) SEC. 1. Referral for conciliation.2Cases re9uirin referral for conciliation# where there is no showin of co&!liance with such re9uire&ent# shall be dis&issed without !re+udice# and &a" be re%i%ed onl" after that re9uire&ent shall ha%e been co&!lied with. (1
3otion
for
a
bill
of
'. 3otion for new trial# or for reconsideration of a +ud&ent# or for reo!enin of trial ,. +ud&ent
;etition for relief fro&
. 3otion for e$tension of ti&e to file !leadins# affida%its or an" other
!a!er /.
3e&oranda
:. ;etition for certiorari# &anda&us# or !rohibition aainst an" interlocutor" order issued b" the court <. 3otion to defendant in default =. !ost!one&ent
Dilator"
declare the &otions
for
1>. Re!l" 11. Third6!art" co&!laints 1.
Inter%entions. (1=a# RS;)
SEC. 1,. (ffidavits.2The affida%its re9uired to be sub&itted under this Rule shall state onl" facts of direct !ersonal knowlede of the affiants which are ad&issible in e%idence# and shall show their co&!etence to testif" to the &atters stated therein. %iolation of this re9uire&ent &a" sub+ect the !art" or the counsel who sub&its the sa&e to disci!linar" action# and shall be cause to e$!une the inad&issible affida%it or !ortion thereof fro& the record. (># RS$0 SEC. 1. $reliminary in"unction.2The court &a" rant !reli&inar" in+unction# in accordance with the !ro%isions of Rule < hereof# to !re%ent the defendant fro& co&&ittin further acts of dis!ossession aainst the !laintiff. !ossessor de!ri%ed of his !ossession throuh forcible entr" or unlawful detainer &a"# within fi%e () da"s fro& the filin of the co&!laint# !resent a &otion in the action for forcible entr" or unlawful detainer for the issuance of a writ of !reli&inar" &andator" in+unction to restore hi& in his !ossession. The court shall decide the &otion within thirt" ('>) da"s fro& the filin thereof. ('a) SEC. 1/. Resolving defense of ownership.— 2hen the defendant raises the defense of ownershi! in his !leadins and the 9uestion of !ossession cannot be resol%ed without decidin the issue of ownershi!# the issue of ownershi! shall be resol%ed onl" to deter&ine the issue of !ossession. (,a) SEC. 1:. udgment.2If after trial the court finds that the alleations of the co&!laint are true# it shall render +ud&ent in fa%or of the !laintiff for the restitution of the !re&ises# the su& +ustl" due as arrears of rent or as reasonable co&!ensation for the use and occu!ation of the !re&ises# attorne"s fees and costs. If it finds that said alleations are not true# it shall render +ud&ent for the defendant to reco%er his costs. If a counterclai& is established# the court shall render +ud&ent for the su& found in arrears fro& either !art" and
award costs as +ustice re9uires. (/a) SEC. 1<. udgment conclusive only on possession; not conclusive in actions involving title or ownership.2The +ud&ent rendered in an action for forcible entr" or detainer shall be conclusi%e with res!ect to the !ossession onl" and shall in no wise bind the title or affect the ownershi! of the land or buildin. Such +ud&ent shall not bar an action between the sa&e !arties res!ectin title to the land or buildin. The +ud&ent or final order shall be a!!ealable to the a!!ro!riate Reional Trial Court which shall decide the sa&e on the basis of the entire record of the !roceedins had in the court of oriin and such &e&oranda andHor briefs as &a" be sub&itted b" the !arties or re9uired b" the Reional Trial Court. (:a) SEC. 1=. Immediate eecution of "udgment; how to stay same.2If +ud&ent is rendered aainst the defendant# e$ecution shall issue i&&ediatel" u!on &otion# unless an a!!eal has been !erfected and the defendant to sta" e$ecution files a sufficient su!ersedeas bond# a!!ro%ed b" the 3unici!al Trial Court and e$ecuted in fa%or of the !laintiff to !a" the rents# da&aes# and costs accruin down to the ti&e of the +ud&ent a!!ealed fro&# and unless# durin the !endenc" of the a!!eal# he de!osits with the a!!ellate court the a&ount of rent due fro& ti&e to ti&e under the contract# if an"# as deter&ined b" the +ud&ent of the 3unici!al Trial Court. In the absence of a contract# he shall de!osit with the Reional Trial Court the reasonable %alue of the use and occu!ation of the !re&ises for the !recedin &onth or !eriod at the rate deter&ined b" the +ud&ent of the lower court on or before the tenth da" of each succeedin &onth or !eriod. The su!ersedeas bond shall be trans&itted b" the 3unici!al Trial Court# with the other !a!ers# to the clerk of the Reional Trial Court to which the action is a!!ealed. ll a&ounts so !aid to the a!!ellate court shall be de!osited with said court or authori-ed o%ern&ent de!ositar" bank# and shall be held there until the final dis!osition of the a!!eal# unless the court# b" aree&ent of the interested !arties# or in the absence of reasonable rounds of o!!osition to a &otion to withdraw# or for +ustifiable reasons# shall decree otherwise. Should the defendant fail to &ake the !a"&ents abo%e !rescribed fro& ti&e to ti&e durin the !endenc" of the a!!eal# the a!!ellate court# u!on &otion of the !laintiff# and u!on !roof of such failure# shall order the e$ecution of the +ud&ent a!!ealed fro& with res!ect to the restoration of !ossession# but such e$ecution shall not be a bar to the a!!eal takin its course until the final dis!osition thereof on the &erits. fter the case is decided b" the Reional Trial Court# an" &one" !aid to the court b" the
defendant for !ur!oses of the sta" of e$ecution shall be dis!osed of in accordance with the !ro%isions of the +ud&ent of the Reional Trial Court. In an" case wherein it a!!ears that the defendant has been de!ri%ed of the lawful !ossession of land or buildin !endin the a!!eal by %irtue of the e$ecution of the +ud&ent of the 3unici!al Trial Court# da&aes for such de!ri%ation of !ossession and restoration of !ossession &a" be allowed the defendant in the +ud&ent of the Reional Trial Court dis!osin of the a!!eal. (. $reliminary mandatory in"unction in case of appeal .—7!on &otion of the !laintiff# within ten (1>) da"s fro& the !erfection of the a!!eal to the Reional Trial Court# the latter &a" issue a writ of !reli&inar" &andator" in+unction to restore the !laintiff in !ossession if the court is satisfied that the defendants a!!eal is fri%olous or dilator"# or that the a!!eal of the !laintiff is prima facie &eritorious. (=a) SEC. 1. Immediate eecution on appeal to Court of (ppeals or Supreme Court .2The +ud&ent of the Reional Trial Court aainst the defendant shall be i&&ediatel" e$ecutor"# without !re+udice to a further a!!eal that &a" be taken therefro&. (1>a)
RULE 7+
CO-TE3PT SECTION 1. +irect contempt punished summarily .—A person 'uilt% of #is$ehavior in the presence of or so near a court as to obstruct or interru!t the !roceedins before the sa&e# includin disres!ect toward the court# offensi%e !ersonalities toward others# or refusal to be sworn or to answer as a witness# or to subscribe an affida%it or de!osition when lawfull" re9uired to do so# #a% $e su##aril% a&u&'e& in conte#pt b" such court and !unished b" a fine not e$ceedin two thousand !esos or i&!rison&ent not e$ceedin ten (1>) da"s# or both# if it be a Reional Trial Court or a court of e9ui%alent or hiher rank# or b" a fine not e$ceedin two hundred !esos or i&!rison&ent net e$ceedin (1) da"# or both# if it be a lower court. (1a) SEC. . Remedy therefrom.2The !erson ad+uded in direct conte&!t b" an" court &a" not a!!eal therefro&# but &a" a%ail hi&self of the re&edies of certiorari or !rohibition. The e$ecution of the +ud&ent shall be sus!ended !endin resolution of such !etition# !ro%ided such !erson flea a bond fi$ed b" the court which rendered the +ud&ent and conditioned that he will abide b" and !erfor& the +ud&ent should the !etition be decided aainst hi&. (a)
SEC. '. Indirect contempt to be punished after charge and hearing.2fter a chare in writin has been filed# and an o!!ortunit" i%en to the res!ondent to comment thereon within such !eriod as &a" be fi$ed b" the court and to be heard b" hi&self or counsel# a !erson uilt" of an" of the followin acts &a" be !unished for indirect conte&!t0 (a) 3isbeha%ior of an officer of a court in the !erfor&ance of his official duties or in his official transactions (b) Disobedience of or resistance to a lawful writ# !rocess# order# or +ud&ent of a court# includin the act of a !erson who# after bein dis!ossessed or e+ected fro& an" real !ro!ert" b" the +ud&ent or !rocess of an" court of co&!etent +urisdiction# enters or atte&!ts or induces another to enter into or u!on such real !ro!ert"# for the !ur!ose of e$ecutin acts of ownershi! or !ossession# or in an" &anner disturbs the !ossession i%en to the !erson ad+uded to be entitled thereto (c) n" abuse of or an" unlawful interference with the !rocesses or !roceedins of a court not constitutin direct conte&!t under section 1 of this Rule (d) n" i&!ro!er conduct tendin# directl" or indirectl"# to i&!ede# obstruct# or derade the ad&inistration of +ustice (e) ssu&in to be an attorne" or an officer of a court# and actin as such without authorit" (f) dul" ser%ed
?ailure to obe" a sub!oena
() The rescue# or atte&!ted rescue# of a !erson or !ro!ert" in the custod" of an officer b" %irtue of an order or !rocess of a court held b" hi&. *ut nothin in this section shall be so construed as to !re%ent the court fro& issuin !rocess to brin the res!ondent into court# or fro& holdin hi& in custod" !endin such !roceedins. ('a) SEC. ,. 3ow proceedings commenced .— ;roceedins for indirect conte&!t &a" be initiated motu proprio b" the court aainst which the conte&!t was co&&itted b" an order or an" other for&al chare re9uirin the res!ondent to show cause wh" he should not be !unished for conte&!t. In all other cases# chares for indirect conte&!t shall be co&&enced b" a %erified !etition with su!!ortin !articulars and certified true co!ies of docu&ents or !a!ers in%ol%ed therein# and u!on full co&!liance with the re9uire&ents for filin initiator" !leadins for
ci%il actions in the court concerned. If the conte&!t chares arose out of or are related to a !rinci!al action !endin in the court# the !etition for conte&!t shall allee that fact but said !etition shall be docketed# heard and decided se!aratel"# unless the court in its discretion orders the consolidation of the conte&!t chare and the !rinci!al action for +oint hearin and decision. (n) SEC. . #here charge to be filed.22here the chare for indirect conte&!t has been co&&itted aainst a Reional Trial Court or a court of e9ui%alent or hiher rank# or aainst an officer a!!ointed b" it# the chare &a" be filed with such court. 2here such conte&!t has been co&&itted aainst a lower court# the chare &a" be filed with the Reional Trial Court of the !lace in which the lower court is sittin but the !roceedins &a" also be instituted in such lower court sub+ect to a!!eal to the Reional Trial Court of such !lace in the sa&e &anner as !ro%ided in section of this Rule. (,a) SEC. =. 3earing; release on bail.2If the hearin is not ordered to be had forthwith# the res!ondent &a" be released fro& custod" u!on filin a bond# in an a&ount fi$ed b" the court# for his a!!earance at the hearin of the chare. On the da" set therefor# the court shall !roceed to in%estiate the chare and consider such co&&ent# testi&on" or defense as the res!ondent &a" &ake or offer. (a) SEC. :. $unishment for indirect contempt. 2If the res!ondent is ad+uded uilt" of indirect conte&!t co&&itted aainst a Reional Trial Court or a court of e9ui%alent or hiher rank# he &a" be !unished b" a fine not e$ceedin thirt" thousand !esos or i&!rison&ent not e$ceedin si$ (/) &onths# or both. If he is ad+uded uilt" of conte&!t co&&itted aainst a lower court# he &a" be !unished b" a fine not e$ceedin fi%e thousand !esos or i&!rison&ent not e$ceedin one (1) &onth# or both. If the conte&!t consists in the %iolation of a writ of in+unction# te&!orar" restrainin order or status 6uo order# he &a" also be ordered to &ake co&!lete restitution to the !art" in+ured b" such %iolation of the !ro!ert" in%ol%ed or such a&ount as &a" be alleed and !ro%ed. The writ of e$ecution# as in ordinar" ci%il actions# shall issue for the enforce&ent of a +ud&ent i&!osin a fine unless the court otherwise !ro%ides. (/a) SEC. <. Imprisonment until order obe"ed. —2hen the conte&!t consists in the refusal or o&ission to do an act which is "et in the !ower of the res!ondent to !erfor&# he &a" be i&!risoned b" order of the court concerned until he !erfor&s it. (:a) SEC. 9. $roceeding when party released on bail fails to answer.22hen a res!ondent released on bail fails to a!!ear on the da" fi$ed for the hearin# the court &a" issue another
order of arrest or &a" order the bond for his a!!earance to be forfeited and confiscated# or both and# if the bond be !roceeded aainst# the &easure of da&aes shall be the e$tent of the loss or in+ur" sustained b" the arie%ed !art" b" reason of the &isconduct for which the conte&!t chare was !rosecuted# with the costs of the !roceedins# and such reco%er" shall be for the benefit of the !art" in+ured. If there is no arie%ed !art"# the bond shall be liable and dis!osed of as in cri&inal cases. (. Court may release respondent.2 The court which issued the order i&!risonin a !erson for conte&!t &a" dischare hi& fro& i&!rison&ent when it a!!ears that !ublic interest will not be !re+udiced b" his release. (=a) SEC. 11. Review of "udgment or final order; bond for stay.2The +ud&ent or final order of a court in a case of indirect conte&!t &a" be a!!ealed to the !ro!er court as in cri&inal cases. *ut e$ecution of the +ud&ent or final order shall not be sus!ended until a bond is filed b" the !erson ad+uded in conte&!t# in an a&ount fi$ed b" the court front which the a!!eal is taken# conditioned that if the a!!eal be decided aainst hi& he will abide b" and !erfor& the +ud&ent or final order. (1>a) SEC. 1. Contempt against 6uasi&"udicial entities.—7nless otherwise !ro%ided b" law# this Rule shall a!!l" to conte&!t co&&itted aainst !ersons# entities# bodies or aencies e$ercisin 9uasi6+udicial functions# or shall ha%e su!!letor" effect to such rules as the" &a" ha%e ado!ted !ursuant to authorit" ranted to the& b" law to !unish for conte&!t. The Reional Trial Court of the !lace wherein the conte&!t has been co&&itted shall ha%e +urisdiction o%er such chares as &a" be filed therefor. (n) PART !!! CR!3!-AL PROCE.URE 1
RULE ++:
PROSECUT!O- OF OFFE-SES SECTION 1. Institution of criminal actions. —Cri&inal actions shall be instituted as follows0 (a) ?or offenses where a !reli&inar" in%estiation is re9uired !ursuant to section 1 of Rule 11# b" filin the co&!laint with the !ro!er officer for the !ur!ose of conductin the re9uisite
1
!reli&inar" in%estiation. (b) ?or all other offenses# b" filin the co&!laint or infor&ation directl" with the 3unici!al Trial Courts and 3unici!al Circuit Trial Courts# or the co&!laint with the office of the !rosecutor. In 3anila and other chartered cities# the co&!laint shall be filed with the office of the !rosecutor unless otherwise !ro%ided in their charters. The institution of the cri&inal action shall interru!t the runnin of the !eriod of !rescri!tion of the offense chared unless otherwise !ro%ided in s!ecial laws# (1a) SEC. . The complaint or information.—The co&!laint or infor&ation shall be in writin# in the na&e of the ;eo!le of the ;hili!!ines and aainst all !ersons who a!!ear to be res!onsible for the offense in%ol%ed. (a) SEC. '. Complaint defined.— co&!laint is a sworn written state&ent charin a !erson with an offense# subscribed b" the offended !art"# an" !eace officer# or other !ublic officer chared with the enforce&ent of the law %iolated. (') SEC. ,. Information defined.2n infor&ation is an accusation in writin charin a !erson with an offense# subscribed b" the !rosecutor and filed with the court. (,a) SEC. . #ho must prosecute criminal actions.—ll cri&inal actions co&&enced b" a co&!laint or infor&ation shall be !rosecuted under the direction and control of the !rosecutor. 8owe%er# in 3unici!al Trial Courts or 3unici!al Circuit Trial Courts when the !rosecutor assined thereto or to the case is not a%ailable# the offended !art"# an" !eace officer# or !ublic officer chared with the enforce&ent of the law %iolated &a" !rosecute the case. This authorit" shall cease u!on actual inter%ention of the !rosecutor or u!on ele%ation of the case to the Reional Trial Court. The cri&es of adulter" and concubinae shall not be !rosecuted e$ce!t u!on a co&!laint filed b" the offended s!ouse. The offended !art" cannot institute cri&inal !rosecution without includin the uilt" !arties# if both are ali%e# nor# in an" case# if the offended !art" has consented to the offense or !ardoned the offenders. The offenses of seduction# abduction and acts of lasci%iousness shall not be !rosecuted e$ce!t u!on a co&!laint filed b" the offended !art" or her !arents# rand!arents or uardian# nor# in an" case# if the offender has been e$!ressl" !ardoned b" an" of the&. If the offended !art" dies or beco&es inca!acitated before she can file the co&!laint# and she has no known !arents# rand!arents or uardian# the State shall initiate the cri&inal action in her behalf.
The offended !art"# e%en if a &inor# has the riht to initiate the !rosecution of the offenses of seduction# abduction and acts of lasci%iousness inde!endentl" of her !arents# rand!arents# or uardian# unless she is inco&!etent or inca!able of doin so. 2here the offended !art"# who is a &inor# fails to file the co&!laint# her !arents# rand!arents# or uardian &a" file the sa&e. The riht to file the action ranted to !arents# rand!arents# or uardian shall be e$clusi%e of all other !ersons and shall be e$ercised successi%el" in the order herein !ro%ided# e$ce!t as stated in the !recedin !arara!h. No cri&inal action for defa&ation which consists in the i&!utation of an" of the offenses &entioned abo%e shall be brouht e$ce!t at the instance of and u!on co&!laint filed b" the offended !art". (a) The !rosecution for %iolation of s!ecial laws shall be o%erned b" the !ro%isions thereof# (n) SEC. /. Sufficiency of complaint or information.— co&!laint or infor&ation is sufficient if it states the na&e of the accused the desination of the offense i%en b" the statute the acts or o&issions co&!lained of as constitutin the offense the na&e of the offended !art" the a!!ro$i&ate date of the co&&ission of the offense and the !lace where the offense was co&&itted. 2hen an offense is co&&itted b" &ore than one !erson# all of the& shall be included in the co&!laint or infor&ation. (/a) SEC. :. %ame of the accused.—The co&!laint or infor&ation &ust state the na&e and surna&e of the accused or an" a!!ellation or nickna&e b" which he has been or is known. If his na&e cannot be ascertained# he &ust be described under a fictitious na&e with a state&ent that his true na&e is unknown. If the true na&e of the accused is thereafter disclosed b" hi& or a!!ears in so&e other &anner to the court# such true na&e shall be inserted in the co&!laint or infor&ation and record. (:a) SEC. <. +esignation of the offense.—The co&!laint or infor&ation shall state the desination of the offense i%en b" the statute# a%er the acts or o&issions constitutin the offense# and s!ecif" its 9ualif"in and ara%atin circu&stances. If there is no desination of the offense# reference shall be &ade to the section or subsection of the statute !unishin it. (
sufficient to enable a !erson of co&&on understandin to know what offense is bein chared as well as its 9ualif"in and ara%atin circu&stances and for the court to !ronounce +ud&ent. (=a) SEC. 1>. $lace of commission of the offense.—The co&!laint or infor&ation is sufficient if it can be understood fro& its alleations that the offense was co&&itted or so&e of its essential inredients occurred at so&e !lace within the +urisdiction of the court# unless the !articular !lace where it was co&&itted constitutes an essential ele&ent of the offense chared or is necessar" for its identification. (1>a) SEC. 11. +ate of commission of the offense.—It is not necessar" to state in the co&!laint or infor&ation the !recise date the offense was co&&itted e$ce!t when it is a &aterial inredient of the offense. The offense &a" be alleed to ha%e been co&&itted on a date as near as !ossible to the actual date of its co&&ission. (11a) SEC. 1. %ame of the offended party. —The co&!laint or infor&ation &ust state the na&e and surna&e of the !erson aainst who& or aainst whose !ro!ert" the offense was co&&itted# or an" a!!ellation or nickna&e b" which such !erson has been or is known. If there is no better wa" of identif"in hi&# he &ust be described under a fictitious na&e. (a) In offenses aainst !ro!ert"# if the na&e of the offended !art" is unknown# the !ro!ert" &ust be described with such !articularit" as to !ro!erl" identif" the offense chared. (b) If the true na&e of the !erson aainst who& or aainst whose !ro!ert" the offense was co&&itted is thereafter disclosed or ascertained# the court &ust cause such true na&e to be inserted in the co&!laint or infor&ation and the record. (c) If the offended !art" is a +uridical !erson# it is sufficient to state its na&e# or an" na&e or desination b" which it is known or b" which it &a" be identified# without need of a%errin that it is a +uridical !erson or that it is orani-ed in accordance with law. (1a) SEC. 1'. +uplicity of the offense.— co&!laint or infor&ation &ust chare onl" one offense# e$ce!t when the law !rescribes a sinle !unish&ent for %arious offenses. (1'a) SEC. 1,. (mendment or substitution.— co&!laint or infor&ation &a" be a&ended# in for& or in substance# without lea%e of court# at an" ti&e before the accused enters his !lea. fter the !lea and durin the trial# a for&al a&end&ent &a" onl" be &ade with lea%e of court and when it can be done without causin
!re+udice to the rihts of the accused. 8owe%e 8owe%er# r# an" a&end a&end&e &ent nt before before !lea# !lea# which which downr downrad ades es the the natur nature e of the offens offense e chared chared in or e$cludes e$cludes an" accused fro& the co&!la co&!laint int or infor& infor&at ation ion## can be &ade &ade onl" onl" u!on &otion b" the !rosecutor# with notice to the offended !art" and with lea%e of court. The court court shall shall state state its reason reasons s in resol% resol%in in the &otion and co!ies of its order shall be furnished all !arties# es!eciall" the offended !art"# (n) If it a!!ears a!!ears at an" ti&e before +ud&ent +ud&ent that a &istake has been &ade in charin the !ro!er !ro!er offens offense# e# the court court shall shall dis&is dis&iss s the the oriinal co&!laint or infor&ation u!on the filin of a new one char charin in the !ro!er !ro!er offense offense in accordance with section 1=# Rule 11=# !ro%ided the the accu accuse sed d shal shalll not not be !lac !laced ed in doub double le +eo!ard". The court &a" re9uire the witnesses to i%e i%e bail bail for their their a!!earan a!!earance ce at the the trial. trial. (1,a) SEC. 1. $lac $lace e wher where e acti action on is to be instituted.— instituted.— (a) Sub+ect to e$istin e$istin laws# the the cri&inal action shall be instituted and tried in the court of the &unici!alit" or territor" where the offense was co&&itted or where an" of its essential inredients occurred. (b) 2here a n of offense i s co&&it co&&itted ted in a train# train# aircr aircraft aft## or other other !ublic or !ri%ate %ehicle in the course of its tri!# the cri&inal action shall be instituted and tried in the court of an" &unici!alit" or territor" where such train# aircraft# or other %ehicle !assed durin its tri!# includin the !lace of its de!arture and arri%al. (c) 2here a n of offense i s co&&itted on board a %essel in the course of its %o"ae# the cri&inal action shall be instituted and tried in the court of the first !ort !ort of entr" entr" or of an" &unici! &unici!ali alit" t" or territor" territor" where where the %essel !assed !assed durin durin such such %o"ae %o"ae## sub+e sub+ect ct to the the ener enerall all" " acce!ted !rinci!les of international law. (d) Cri&es Cri&es co&&itte co&&itted d outside outside the ;hili!!ines but !unishable under rticle of the the Re%i Re%ise sed d ;ena ;enall Code Code shal shalll be coni-able b" the court where the cri&inal action is first filed. (1a) SEC. 1/. Intervention of the offended offended party in criminal criminal action. action.—2he —2here re the ci%il ci%il action action for reco%e reco%er" r" of ci%il ci%il liabil liabilit" it" is instit institut uted ed in the the cri& cri&in inal al acti action on !urs !ursua uant nt to Rule Rule 111# 111# the the offended !art" &a" inter%ene b" counsel in the !rosecution of the offense. (1/a)
RULE +++
PROSECUT!O- OF C!!L ACT!OSECTION 1. Institution of criminal and civil actions.— actions.—(a) 2hen a cri&inal action is institut instituted# ed# the the ci%il action action for the the reco%er reco%er" " of ci%il liabilit" liabilit" arisin arisin fro& the offense offense chared shall shall be dee&e dee&ed d instit institut uted ed with with the the cri&in cri&inal al action unless the offended !art" 1.
wai% wai%es es the the ci% ci%il il act actio ion# n#
.
reser%es the se!aratel" or
'.
instit institute utes s the the ci%il ci%il actio action n !rior !rior to the the cri&inal action.
riht
to
institute
it
The reser%ation reser%ation of the riht to institut institute e se!aratel" the ci%il action shall be &ade before the !rosecutio !rosecution n starts starts !resenti !resentin n its e%idence e%idence and under circu&stances affordin the offended !art" a reasonab reasonable le o!!ortuni o!!ortunit" t" to &ake such reser%ation. 2hen the offended !art" seeks to enforce ci%il ci%il liabil liabilit" it" aains aainstt the the accus accused ed b" wa" wa" of &ora &oral# l# no&i no&ina nal# l# te&! te&!er erat ate# e# or e$e& e$e&!l !lar ar" " da&aes without s!ecif"in the a&ount thereof in the co&!laint or infor&ation# the filin fees ther theref efor or shal shalll cons consti titu tute te a firs firstt lien lien on the the +ud&ent awardin awardin such da&aes. da&aes. 2here the a&ount of da&aes# other than actua ctuall# is s!e s!ecif cified ied in the the co& co&!la !laint int or infor&ation# the corres!ondin filin fees shall be !aid b" the offended !art" u!on the filin thereof in court. note0 note0 E$ce! E$ce!tt as otherw otherwise ise !ro%id !ro%ided ed in these Rules# no filin fees shall be re9uired for actual da&aes. No counterclai&# cross6clai& or third6!art" co&!lain co&!laintt &a" be filed filed b" the accused in the cri&inal cri&inal case# but an" cause of action action which could could ha%e ha%e been been the sub+ect sub+ect thereof thereof &a" be litiated in a se!arate ci%il action# (1a) (b) The cri&inal cri&inal action action for %iolat %iolation ion of *atas *atas ;a&ba ;a&bansa nsa *l. shall shall be dee&e dee&ed d to incl includ ude e the the corr corres es!o !ond ndin in ci%i ci%ill acti action on.. No reser%at reser%ation ion to file such ci%il ci%il action action se!arate se!aratel" l" shall be allowed. 7!on filin of the aforesaid +oint cri&inal and ci%il actions# the offended !art" shall !a" in full the filin fees based on the a&ount of the check in%ol%ed# which shall be considered as the actual da&aes clai&ed. 2here the co&!laint or infor&ati infor&ation on also seeks seeks to reco%er reco%er li9uidate li9uidated# d# &ora &oral# l# no&i no&ina nal# l# te&! te&!er erat ate e or e$e& e$e&!l !lar ar" " da&aes# the offended !art" shall !a" additional filin fees based on the a&ounts alleed therein. If the a&ounts are not so alleed but an" of these these da&aes da&aes are subse9ue subse9uentl" ntl" awarded b" the court# the filin fees based on the a&ount award awarded ed shall shall consti constitu tute te a first first lien lien on the the +ud&ent.
2her 2here e the the ci%i ci%ill acti action on has has been been file filed d se!a se!ara rate tel" l" and and tria triall ther thereo eoff has has not not "et "et co&&enced co&&enced## it &a" be consolida consolidated ted with the cri&inal action u!on a!!lication with the court tr"i tr"in n the the latt latter er case case.. If the the a!!l a!!lic icat atio ion n is ranted# the trial of both actions shall !roceed in accordance with section of this Rule o%ernin consolida consolidation tion of the ci%il and cri&inal actions. (cir. :6=:) SEC. . #hen #hen sepa separa rate te civi civill acti action on is suspended.—fter suspended.—fter the cri&inal action has been co&&enced co&&enced## the se!arate se!arate ci%il action action arisin arisin ther theref efro ro& & cann cannot ot be inst instit itut uted ed unti untill fina finall +ud&ent has been entered in the cri&inal action. If the cri&inal action is filed after the said ci%il action has alread" been instituted# the latter shall be sus!ended in whate%er stae it &a" be foun found d befo before re +ud +ud&e &ent nt on the the &eri &erits ts.. The The sus!e sus!ensi nsion on shall shall last last until until final final +ud& +ud&en entt is rendered rendered in the cri&inal cri&inal action. action. Ne%erth Ne%ertheles eless# s# before +ud&ent on the &erits is rendered in the ci%il action# the sa&e &a"# u!on &otion of the offended !art"# be consolidated with the cri&inal action in the court tr"in the cri&inal action. In case cas e of consol consolida idatio tion# n# the the e%iden e%idence ce alread alread" " adduce adduced d in the the ci%il ci%il action action shall be dee&ed dee&ed auto&aticall" re!roduced in the cri&inal action without !re+udice to the riht of the !rosecution to cross6e$a cross6e$a&ine &ine the witnesse witnesses s !resente !resented d b" the offended !art" in the cri&inal case and of the !arties to !resent additional e%idence. The consolidated cri&inal and ci%il actions shall be tried and decided +ointl". Durin the !endenc" of the cri&inal action# the runnin of the !eriod of !rescri!tion of the ci%il action which cannot be instituted se!aratel" or whose !roceedin has been sus!ended shall be tolled# (n) The e$tinction of the !enal action does not carr carr" " with with it e$ti e$tinc ncti tion on of the the ci%i ci%ill acti action on.. 8owe%er# the ci%il action based on delict shall be dee&ed e$tinuished if there is a findin in a final +ud&ent in the cri&inal action that the act or o&ission o&ission fro& which the ci%il liabilit" liabilit" &a" arise did not e$ist. (a) SEC. '. #hen #hen civil civil actio action n may proceed proceed independently.—In independently.—In the cases !ro%ided in rticles '# ''# ', and 1:/ of the Ci%il Code of the ;hili!!ines# the inde!endent ci%il action &a" be brouht b" the offended !art". It shall !roceed inde!ende inde!endentl ntl" " of the cri&inal action and shall shall re9uire onl" a !re!onderance of e%idence. In no case# howe%er# &a" the offended !art" reco%er da&ae da&aes s twice twice for the the sa&e sa&e act or o&issi o&ission on chared in the cri&inal action. ('a) SEC. SEC. ,. *ffect of death on civil actions.2 The death of the accused after arrain&ent and durin the !endenc" of the cri&inal action shall e$tin e$tinuis uish h the ci%il ci%il liabil liabilit" it" arisin arisin fro& fro& the delict.
8owe%e 8owe%er# r# the the inde! inde!end enden entt ci%il ci%il actio action n instituted under section ' of this Rule or which thereafter is instituted to enforce liabilit" arisin fro& fro& oth other sour source ces s of obli oblia ati tion on &a" &a" be cont contin inue ued d aains ainstt the the estat tate or lea leall re!res re!resen entat tati%e i%e of the acc accuse used d after after !ro!er !ro!er substitution or aainst said estate# as the case &a" &a" be. be. The The heir heirs s of the the accu accuse sed d &a" &a" be substitu substituted ted for the deceased deceased without re9uirin re9uirin the a!!oint&ent of an e$ecutor or ad&inistrator and the court &a" a!!oint a!!oint a uardian uardian ad litem for the &inor heirs. The court shall forthwit forthwith h order order said leal re!resentati%e or re!resentati%es to a!!ear and be substituted within a !eriod of thirt" ('>) da"s fro& notice. final final +ud&en +ud&entt entered entered in fa%or of the offended !art" shall be enforced in the &anner es!eciall" !ro%ided in these rules for !rosecutin clai&s aainst the estate of the deceased. If the accused dies before arrain&ent# the case shall be dis&issed without !re+udice to an" ci%il action the offended !art" &a" file aainst the estate of the deceased# (n) SEC. . udgment . udgment in civil action not a bar. — final final +ud& +ud&ent ent render rendered ed in a ci%il ci%il action action absol%in the defendant fro& ci%il liabilit" is not a bar to a cri&inal action aainst the defendant for the sa&e act or o&ission sub+ect of the ci%il action. (,a) SEC. /. Susp uspensi nsion by rea reason son of pre"udicial 6uestion.— 6uestion.— !etition for sus!ension of the cri&inal action based u!on the !endenc" of a !re+udicial 9uestion in a ci%il action &a" be filed in the office of the !rosecutor or the court conductin the !reli&inar" in%estiation. 2hen the cri&inal action has been filed in court for trial# the !etition to sus!end shall be filed in the sa&e sa&e cri&in cri&inal al actio action n at an" ti&e before before the !rosecution rests. (/a) SEC. :. *lements of pre"udicial 6uestion.2 The ele&ents of a !re+udicial 9uestion are0 (a) the !re%iousl" instituted ci%il action in%ol%es an issue si&ilar or inti&atel" related to the issue raised in the subse9uent cri&inal action# and (b) the resolution of such issue deter&ines whether or not the cri&inal action &a" !roceed. (a)
RULE ++0
PREL!3!-AR/ !-EST!,AT!OSECTION 1. $relimina $reliminary ry investiga investigation tion defined; when re6uired.—;reli&inar" in%est in%estia iatio tion n is an in9uir in9uir" " or !rocee !roceedin din to deter&ine whether there is sufficient round to
enender a well6founded belief that a cri&e has been co&&itted and the res!ondent is !robabl" uilt" thereof# and should be held for trial. E$ce! E$ce!tt as !ro%ided !ro%ided in secti section on : of this this Rule# a !reli&inar" in%estiation is re9uired to be conducted before the filin of a co&!laint or infor&ati infor&ation on for an offense offense where where the !enalt" !enalt" !rescribed b" law is at least four (,) "ears# two () &onths and one (1) da" without reard to the fine# (1a) SEC. . Office Officers rs author authori5e i5ed d to condu conduct ct preliminary investigations. investigations.— — The The foll follow owin in &a" &a" !reli&inar" in%estiations0 in%estiations0
cond conduc uctt
(a) ;ro%incial or Cit" ;rosecutors and their assistants (b) udes of the 3unici!al Trial Courts and 3unici!al Circuit Trial Courts (c) National and Reional State ;rosecutors and (d) Other Other office officers rs as &a" &a" be authori-ed b" law. Their Their auth authori orit" t" to conduc conductt !reli& !reli&ina inar" r" in%estiations shall include all cri&es coni-able b" the !ro!er court in their res!ecti%e territorial +urisdictions. (a) (a) SEC. '. $rocedure.—T $rocedure.—The he !reli& !reli&ina inar" r" in%estiation shall be conducted in the followin &anner0 (a) The co&!laint co&!laint shall state state the the addres address s of the the res!on res!onde dent nt and shall shall be acco acco&! &!an anie ied d b" the the affi affida da%i %its ts of the the co&!lainant and his witnesses# as well as other other su!!ortin su!!ortin docu&en docu&ents ts to establis establish h !rob !robab able le caus cause. e. The" The" shal shalll be in such such nu&ber of co!ies as there are res!ondents# !lus two () co!ies for the official file. The affida%its shall be subscribed and sworn to befo before re an" an" !ros !rosec ecut utor or or o%e o%ern& rn&en entt official authori-ed to ad&inister oath# or# in their their absence absence or una%aila una%ailabilit bilit"# "# before before a notar" !ublic# each of who& &ust certif" that that he !ersonall !ersonall" " e$a&ined e$a&ined the affiants affiants and that he is satisfied that the" %oluntaril" e$ecuted and understood their affida%its. (b) 2ithin 2ithin ten (1>) da"s after after the filin of the co&!laint# the in%estiatin in%estiatin officer shall either dis&iss it if he finds finds no round round to contin continue ue with with the the in%estiation# or issue a sub!oena to the res!onde res!ondent nt attachin attachin to it a co!" of the co&!laint and its su!!ortin affida%its and docu&ents. The res!on res!onden dentt shall shall ha%e ha%e the the riht to e$a&ine the e%idence sub&itted b" the co&!lainan co&!lainantt which which he &a" not ha%e been been furnis furnished hed and to co!" co!" the& the& at his
e$!ense. If the e%idence is %olu&inous# the co&!laina co&!lainant nt &a" be re9uired re9uired to s!ecif" s!ecif" those which he intends to !resent aainst the res!ondent# and these shall be &ade a%ailable for e$a&ination or co!"in b" the res!ondent at his e$!ense. Ob+ects as e%idence need not be furn furnis ishe hed d a !art !art" " but but shal shalll be &ade &ade a%aila a%ailable ble for e$a&in e$a&inati ation# on# co!"in co!"in# # or !hot !hoto ora ra!h !hin in at the the e$!e e$!ens nse e of the the re9uestin !art". (c) 2ithin 2ithin ten (1>) (1>) da"s fro& rece recei! i!tt of the the sub! sub!oe oena na with with the the co&!laint co&!laint and su!!orti su!!ortin n affida%it affida%its s and docu&ents# the res!ondent shall sub&it his counter6a counter6affid ffida%it a%it and that of his witn witnes esse ses s and and othe otherr su!! su!!or orti tin n docu&ent docu&ents s relied relied u!on for his defense. defense. The counter6affida%its counter6affida%its shall be subscribed and sworn to and certified as !ro%ided in !arara!h (a) of this section# with co!ies thereof furnished b" hi& to the co&!lainant. The res!ondent shall not be allowed to file a &otion to dis&iss in lieu of a counter6affida%it. counter6affida%it. (d) If the res!onden res!ondentt cannot cannot be sub!oena sub!oenaed# ed# of if sub!oena sub!oenaed# ed# does not sub&it sub&it counter6 counter6affi affida%it da%its s within within the ten (1>) da" !eriod# !eriod# the in%estiatin in%estiatin officer officer shall shall resol%e resol%e the co&!laint co&!laint based on the e%idence !resented b" the co&!lainant. (e) The in%estiatin officer &a" set a hearin if there are facts and issues to be clarified fro& a !art" or a witness. The !arties can be !resent at the hearin but without the riht to e$a&ine or cross6 e$a&ine. e$a&ine. The" &a"# howe%er# howe%er# sub&it sub&it to the in%esti in%estiatin atin officer officer 9uestion 9uestions s which which &a" &a" be aske asked d to the the !art !art" " or witn witnes ess s concerned. The hearin hearin shall be held within within ten ten (1>) (1>) da"s da"s fro& fro& sub& sub&is issi sion on of the the counter6affida%its and other docu&ents or fro& the e$!iration of the !eriod for their sub&issio sub&ission. n. It shall shall be ter&inat ter&inated ed within within fi%e () da"s. (f) 2ithin ten ten (1>) da"s after after the in%estiation# the in%estiatin officer shall deter&ine whether whether or not there is sufficient roun round d to hold hold the the res!on res!onden dentt for trial. trial. ('a) SEC. ,. Reso Resolu luti tion on of inve invest stig igat atin ing g prosecutor and its review.—If review.—If the in%estiatin !rosecutor !rosecutor finds cause to hold the res!ondent res!ondent for trial# trial# he shall shall !re!ar !re!are e the resoluti resolution on and infor&ation. 8e shall certif" under oath in the infor&ation that he# or as shown b" the record# an authori-ed officer# has !ersonall" e$a&ined the co&!lainant and his witnesses that there is reasonable round to belie%e that a cri&e has been been co&& co&&it itte ted d and and that that the the accu accuse sed d is !robabl" !robabl" uilt" uilt" thereof thereof that the accused was
infor&ed of the co&!laint and of the e%idence sub&itted aainst hi& and that he was i%en an o!!ortunit" to sub&it contro%ertin e%idence. Otherwise# he shall reco&&end the dis&issal of the co&!laint. 2ithin fi%e () da"s fro& his resolution# he shall forward the record of the case to the !ro%incial or cit" !rosecutor or chief state !rosecutor# or to the O&buds&an or his de!ut" in cases of offenses coni-able b" the Sandiganbayan in the e$ercise of its oriinal +urisdiction. The" shall act on the resolution within ten (1>) da"s fro& their recei!t thereof and shall i&&ediatel" infor& the !arties of such action. No co&!laint or infor&ation &a" be filed or dis&issed b" an in%estiatin !rosecutor without the !rior written authorit" or a!!ro%al of the !ro%incial or cit" !rosecutor or chief state !rosecutor or the O&buds&an or his de!ut". 2here the in%estiatin !rosecutor reco&&ends the dis&issal of the co&!laint but his reco&&endation is disa!!ro%ed b" the !ro%incial or cit" !rosecutor or chief state !rosecutor or the O&buds&an or his de!ut" on the round that a !robable cause e$ists# the latter &a"# b" hi&self# file the infor&ation aainst the res!ondent# or direct another assistant !rosecutor or state !rosecutor to do so without conductin another !reli&inar" in%estiation. If u!on !etition b" a !ro!er !art" under such rules as the De!art&ent of ustice &a" !rescribe or motu proprio, the Secretar" of ustice re%erses or &odifies the resolution of the !ro%incial or cit" !rosecutor or chief state !rosecutor# he shall direct the !rosecutor concerned either to file the corres!ondin infor&ation without conductin another !reli&inar" in%estiation# or to dis&iss or &o%e for dis&issal of the co&!laint or infor&ation with notice to the !arties. The sa&e rule shall a!!l" in !reli&inar" in%estiations conducted b" the officers of the Office of the O&buds&an. (,a) SEC. . Resolution of investigating "udge and its review.22ithin ten (1>) da"s after the !reli&inar" in%estiation# the in%estiatin +ude shall trans&it the resolution of the case to the !ro%incial or cit" !rosecutor# or to the O&buds&an or his de!ut" in cases of offenses coni-able b" the Sandiganbayan in the e$ercise of its oriinal +urisdiction# for a!!ro!riate action. The resolution shall state the findins of facts and the law su!!ortin his action# toether with the record of the case which# shall include0 (a) the warrant# if the arrest is b" %irtue of a warrant (b) the affida%its# counter6affida%its and other su!!ortin e%idence of the !arties (c) the undertakin or bail of the accused and the order for his release (d) the transcri!ts of the !roceedins durin the !reli&inar"
in%estiation and (e) the order of cancellation of his bail bond# if the resolution is for the dis&issal of the co&!laint. 2ithin thirt" ('>) da"s fro& recei!t of the records# the !ro%incial or cit" !rosecutor# or the O&buds&an or his de!ut"# as the case &a" be# shall re%iew the resolution of the in%estiatin +ude on the e$istence of !robable cause. Their rulin shall e$!ressl" and clearl" state the facts and the law on which it is based and the !arties shall be furnished with co!ies thereof. The" shall order the release of an accused who is detained if no !robable cause is found aainst hi&. (a) SEC. /. #hen warrant of arrest may issue. —(a) 1y the Regional Trial Court .—2ithin ten (1>) da"s fro& the filin of the co&!laint or infor&ation# the +ude shall !ersonall" e%aluate the resolution of the !rosecutor and its su!!ortin e%idence. 8e &a" i&&ediatel" dis&iss the case if the e%idence on record clearl" fails to establish !robable cause. If he finds !robable cause# he shall issue a warrant of arrest# or a co&&it&ent order if the accused has alread" been arrested !ursuant to a warrant issued b" the +ude who conducted the !reli&inar" in%estiation or when the co&!laint or infor&ation was filed !ursuant to section : of this Rule. In case of doubt on the e$istence of !robable cause# the +ude &a" order the !rosecutor to !resent additional e%idence within fi%e () da"s fro& notice and the issue &ust be resol%ed b" the court within thirt" ('>) da"s fro& the filin of the co&!laint or infor&ation. (b) 1y the !unicipal Trial Court.—2hen re9uired !ursuant to the second !arara!h of section 1 of this Rule# the !reli&inar" in%estiation of cases fallin under the oriinal +urisdiction of the 3etro!olitan Trial Court# 3unici!al Trial Court in Cities# 3unici!al Trial Court# or 3unici!al Circuit Trial Court &a" be conducted b" either the +ude or the !rosecutor. 2hen conducted b" the !rosecutor# the !rocedure for the issuance of a warrant of arrest b" the +ude shall be o%erned b" !arara!h (a) of this section. 2hen the in%estiation is conducted b" the +ude hi&self# he shall follow the !rocedure !ro%ided in section ' of this Rule. If his findins and reco&&endations are affir&ed b" the !ro%incial or cit" !rosecutor# or b" the O&buds&an or his de!ut"# and the corres!ondin infor&ation is filed# he shall issue a warrant of arrest. 8owe%er# without waitin for the conclusion of the in%estiation# the +ude &a" issue a warrant of arrest if he finds after an e$a&ination in writin and under oath of the co&!lainant and his witnesses in the for& of searchin 9uestions and answers# that a !robable cause e$ists and that there is a necessit" of !lacin the res!ondent under i&&ediate custod" in order not to frustrate the ends of +ustice. (c) #hen warrant of arrest not necessary. — warrant of arrest shall not issue if the
accused is alread" under detention !ursuant to a warrant issued b" the &unici!al trial court in accordance with !arara!h (b) of this section# or if the co&!laint or infor&ation was filed !ursuant to section : of this Rule or is for an offense !enali-ed b" fine onl". The court shall then !roceed in the e$ercise of its oriinal +urisdiction. (/a) SEC. :. #hen accused lawfully arrested without warrant.—2hen a !erson is lawfull" arrested without a warrant in%ol%in an offense which re9uires a !reli&inar" in%estiation# the co&!laint or infor&ation &a" be filed b" a !rosecutor without need of such in%estiation !ro%ided an in9uest has been conducted in accordance with e$istin rules. In the absence or una%ailabilit" of an in9uest !rosecutor# the co&!laint &a" be filed b" the offended !art" or a !eace officer directl" with the !ro!er court on the basis of the affida%it of the offended !art" or arrestin officer or !erson. *efore the co&!laint or infor&ation is filed# the !erson arrested &a" ask for a !reli&inar" in%estiation in accordance with this Rule# but he &ust sin a wai%er of the !ro%isions of rticle 1 of the Re%ised ;enal Code# as a&ended# in the !resence of his counsel. Notwithstandin the wai%er# he &a" a!!l" for bail and the in%estiation &ust be ter&inated within fifteen (1) da"s fro& its ince!tion. fter the filin of the co&!laint or infor&ation in court without a !reli&inar" in%estiation# the accused &a"# within fi%e () da"s fro& the ti&e he learns of its filin# ask for a !reli&inar" in%estiation with the sa&e riht to adduce e%idence in his defense as !ro%ided in this Rule. (:a sec. # R.. No. :,'<) SEC. <. Records.—(a) Records supporting the information or complaint.—n infor&ation or co&!laint filed in court shall be su!!orted b" the affida%its and counter6affida%its of the !arties and their witnesses# toether with the other su!!ortin e%idence and the resolution on the case. (b) Record of preliminary investigation.— The record of the !reli&inar" in%estiation# whether conducted b" a +ude or a !rosecutor# shall not for& !art of the record of the case. 8owe%er# the court# on its own initiati%e or on &otion of an" !art"# &a" order the !roduction of the record or an" of its !art when necessar" in the resolution of the case or an" incident therein# or when it is to be introduced as an e%idence in the case b" the re9uestin !art". (
b" i&!rison&ent of less than four (,) "ears# two () &onths and one (1) da"# the !rocedure outlined in section '(a) of this Rule shall be obser%ed. The !rosecutor shall act on the co&!laint based on the affida%its and other su!!ortin docu&ents sub&itted b" the co&!lainant within ten (1>) da"s fro& its filin. (b) If filed with the !unicipal Trial Court.— If the co&!laint or infor&ation is filed with the 3unici!al Trial Court or 3unici!al Circuit Trial Court for an offense co%ered b" this section# the !rocedure in section '(a) of this Rule shall be obser%ed. If within ten (1>) da"s after the filin of the co&!laint or infor&ation# the +ude finds no !robable cause after !ersonall" e%aluatin the e%idence# or after !ersonall" e$a&inin in writin and under oath the co&!lainant and his witnesses in the for& of searchin 9uestions and answers# he shall dis&iss the sa&e. 8e &a"# how e%er# re9uire the sub&ission of additional e%idence# within ten (1>) da"s fro& notice# to deter&ine further the e$istence of !robable cause. If the +ude still finds no !robable cause des!ite the additional e%idence# he shall# within ten (1>) da"s fro& its sub&ission or e$!iration of said !eriod# dis&iss the case. 2hen he finds !robable cause# he shall issue a warrant of arrest# or a co&&it&ent order if the accused had alread" been arrested# and hold hi& for trial. 8owe%er# if the +ude is satisfied that there is no necessit" for !lacin the accused under custod"# he &a" issue su&&ons instead of a warrant of arrest. (=a)
RULE ++1
ARREST SECTION 1. +efinition of arrest.2rrest is the takin of a !erson into custod" in order that he &a" be bound to answer for the co&&ission of an offense. (1) SEC. . (rrest; how made.—n arrest is &ade b" an actual restraint of a !erson to be arrested# or b" his sub&ission to the custod" of the !erson &akin the arrest.
SEC. =. Cases not re9uirin a !reli&inar" in%estiation nor co%ered b" the Rule on Su&&ar" ;rocedure.—
No %iolence or unnecessar" force shall be used in &akin an arrest. The !erson arrested shall not be sub+ect to a reater restraint than is necessar" for his detention. (a)
(a) If filed with the prosecutor.— If the co&!laint is filed directl" with the !rosecutor in%ol%in an offense !unishable
SEC. '. +uty of arresting officer.—It shall be the dut" of the officer e$ecutin the warrant
to arrest the accused and deli%er hi& to the nearest !olice station or +ail without unnecessar" dela". ('a) SEC. ,. *ecution of warrant.—The head of the office to who& the warrant of arrest was deli%ered for e$ecution shall cause the warrant to be e$ecuted within ten (1>) da"s fro& its recei!t. 2ithin ten (1>) da"s after the e$!iration of the !eriod# the officer to who& it was assined for e$ecution shall &ake a re!ort to the +ude who issued the warrant. In case of his failure to e$ecute the warrant# he shall state the reasons therefor. (,a) SEC. . (rrest without warrant; when lawful.— !eace officer or a !ri%ate !erson &a"# without a warrant# arrest a !erson0 (a) 2hen# in his !resence# the !erson to be arrested has co&&itted# is actuall" co&&ittin# or is atte&!tin to co&&it an offense (b) 2hen an offense has +ust been co&&itted and he has !robable cause to belie%e based on !ersonal knowlede of facts or circu&stances that the !erson to be arrested has co&&itted it and (c) 2hen the !erson to be arrested is a !risoner who has esca!ed fro& a !enal establish&ent or !lace where he is ser%in final +ud&ent or is te&!oraril" confined while his case is !endin# or has esca!ed while bein transferred fro& one confine&ent to another. In cases fallin under !arara!hs (a) and (b) abo%e# the !erson arrested without a warrant shall be forthwith deli%ered to the nearest !olice station or +ail and shall be !roceeded aainst in accordance with section : of Rule 11# (a) SEC. /. Time of ma)ing arrest.—n arrest &a" be &ade on an" da" and at an" ti&e of the da" or niht. (/) SEC. :. !ethod of arrest by officer by virtue of warrant.—2hen &akin an arrest b" %irtue of a warrant# the officer shall infor& the !erson to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest# e$ce!t when he flees or forcibl" resists before the officer has o!!ortunit" to so infor& hi&# or when the i%in of such infor&ation will i&!eril the arrest. The officer need not ha%e the warrant in his !ossession at the ti&e of the arrest but after the arrest# if the !erson arrested so re9uires# the warrant shall be shown to hi& as soon as !racticable. (:a) SEC. <. !ethod of arrest by officer without warrant.—2hen &akin an arrest without a warrant# the officer shall infor& the !erson to be arrested of his authorit" and the cause of the arrest# unless the latter is either enaed in the
co&&ission of an offense# is !ursued i&&ediatel" after its co&&ission# has esca!ed# flees# or forcibl" resists before the officer has o!!ortunit" to so infor& hi&# or when the i%in of such infor&ation will i&!eril the arrest. (. Officer may summon assistance. —n officer &akin a lawful arrest &a" orall" su&&on as &an" !ersons as he dee&s necessar" to assist hi& in effectin the arrest. E%er" !erson so su&&oned b" an officer shall assist hi& in effectin the arrest when he can render such assistance without detri&ent to hi&self. (1>a) SEC. 11. Right of officer to brea) into building or enclosure.—n officer# in order to &ake an arrest either b" %irtue of a warrant# or without a warrant as !ro%ided in section # &a" break into an" buildin or enclosure where the !erson to be arrested is or is reasonabl" belie%ed to be# if he is refused ad&ittance thereto# after announcin his authorit" and !ur!ose# (11a) SEC. 1. Right to brea) out from building or enclosure.—2hene%er an officer has entered the buildin# or enclosure in accordance with the !recedin section# he &a" break out therefro& when necessar" to liberate hi&self. (1a) SEC. 1'. (rrest after escape or rescue.—If a !erson lawfull" arrested esca!es or is rescued# an" !erson &a" i&&ediatel" !ursue or retake hi& without a warrant at an" ti&e and in an" !lace within the ;hili!!ines. (1') SEC. 1,. Right of attorney or relative to visit person arrested.—n" &e&ber of the ;hili!!ine *ar shall# at the re9uest of the !erson arrested or of another actin in his behalf# ha%e the riht to %isit and confer !ri%atel" with such !erson in the +ail or an" other !lace of custod" at an" hour of the da" or niht. Sub+ect to reasonable reulations# a relati%e of the !erson arrested can also e$ercise the sa&e riht. (1,a)
RULE ++2
A!L
SECTION 1. 1ail defined.2*ail is the securit" i%en for the release of a !erson in custod" of the law# furnished b" hi& or a bonds&an# to uarantee his a!!earance before an" court as re9uired under the conditions hereinafter s!ecified. *ail &a" be i%en in the for& of cor!orate suret"# !ro!ert" bond# cash de!osit# or reconi-ance# (1a) SEC. . Conditions of the bail ; re6uirements.—ll kinds of bail are sub+ect to the followin conditions0 (a) The undertakin shall be effecti%e u!on a!!ro%al# and unless cancelled# shall re&ain in for& at all staes of the case until !ro&ulation of the +ud&ent of the Reional Trial Court# irres!ecti%e of whether the case was oriinall" filed in or a!!ealed to it (b) The accused shall a!!ear before the !ro!er court whene%er re9uired b" the court or these Rules (c) The failure of the accused to a!!ear at the trial without +ustification and des!ite due notice shall be dee&ed a wai%er of his riht to be !resent thereat. In such case# the trial &a" !roceed in absentia; and (d) The bonds&an shall surrender the accused to the court for e$ecution of the final e$ecution. The oriinal !a!ers shall state the full na&e and address of the accused# the a&ount of the undertakin and the conditions re9uired b" this section. ;hotora!hs (!ass!ort si-e) taken within the last si$ (/) &onths showin the face# left and riht !rofiles of the accused &ust be attached to the bail. (a) SEC. '. %o release or transfer ecept on court order or bail.—No !erson under detention b" leal !rocess shall be released or transferred e$ce!t u!on order of the court or when he is ad&itted to bail. ('a) SEC. ,. 1ail, a matter of right; eception. 2ll !ersons in custod" shall be ad&itted to bail as a &atter of riht# with sufficient sureties# or released on reconi-ance as !rescribed b" law or this Rule (a) before or after con%iction b" the 3etro!olitan Trial Court# 3unici!al Trial Court# 3unici!al Trial Court in Cities# or 3unici!al Circuit Trial Court# and (b) before con%iction b" the Reional Trial Court of an offense not !unishable b" death# reclusion perpetua, or life i&!rison&ent. (,a) SEC. . 1ail, when discretionary.—7!on con%iction b" the Reional Trial Court of an .offense not !unishable b" death# reclusion perpetua, or life i&!rison&ent# ad&ission to bail is discretionar". The a!!lication for bail &a" be filed and acted u!on b" the trial court des!ite the filin of a notice of a!!eal# !ro%ided it has
not trans&itted the oriinal record to the a!!ellate court. 8owe%er# if the decision of the trial court con%ictin the accused chaned the nature of the offense fro& non6bailable to bailable# the a!!lication for bail can onl" be filed with and resol%ed b" the a!!ellate court. Should the court rant the a!!lication# accused &a" be allowed to continue !ro%isional libert" durin the !endenc" of a!!eal under the sa&e bail sub+ect to consent of the bonds&an. If the !enalt" i&!osed b" the i&!rison&ent e$ceedin si$ (/) accused shall be denied bail# or his cancelled u!on a showin b" the with notice to the accused# of the other si&ilar circu&stances0
the on the the
trial court is "ears# the bail shall be !rosecution# followin or
(a) That he is a recidi%ist# 9uasi6 recidi%ist# or habitual delin9uent# or has co&&itted the cri&e ara%ated b" the circu&stance of reiteration (b) That he has !re%iousl" esca!ed fro& leal confine&ent# e%aded sentence# or %iolated the conditions of his bail without %alid +ustification (c) That he co&&itted the offense while under !robation# !arole# or conditional !ardon (d) That the circu&stances of his case indicate the !robabilit" of fliht if released on bail or (e) That there is undue risk that he &a" co&&it another cri&e durin the !endenc" of the a!!eal. The a!!ellate court &a"# motu proprio or on &otion of an" !art"# re%iew the resolution of the Reional Trial Court after notice to the ad%erse !art" in either case. (a) SEC. /. Capital offense, defined.— ca!ital offense is an offense which# under the law e$istin at the ti&e of its co&&ission and of the a!!lication for ad&ission to bail# &a" be !unished with death. (/a) SEC. :. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable.—No !erson chared with a ca!ital offense# or an offense !unishable b" reclusion perpetua or life i&!rison&ent# shall be ad&itted to bail when e%idence of uilt is stron# reardless of the stae of the cri&inal !rosecution. (:a) SEC. <. 1urden of proof in bail application. —t the hearin of an a!!lication for bail filed b" a !erson who is in custo d" for the co&&ission of an offense !unishable b" death# reclusion perpetua, or life i&!rison&ent# the !rosecution has the burden of showin that e%idence of uilt is stron. The e%idence
!resented durin the bail hearin shall be considered auto&aticall" re!roduced at the trial but# u!on &otion of either !art"# the court &a" recall an" witness for additional e$a&ination unless the latter is dead# outside the ;hili!!ines# or otherwise unable to testif". (
cancellation of the !ro!ert" bond and his re6 arrest and detention. (11a) SEC. 1. 8ualifications of sureties in property bond.—The 9ualifications of sureties in a !ro!ert" bond shall be as follows0
SEC. =. (mount of bail; guidelines.—The +ude who issued the warrant or ranted the a!!lication shall fi$ a reasonable a&ount of bail considerin !ri&aril"# but not li&ited to# the followin factors0
(a) Each &ust be a resident owner of real estate within the ;hili!!ines
(a) ?inancial abilit" of the accused to i%e bail
(c) If there are two or &ore sureties# each &a" +ustif" in an a&ount less than that e$!ressed in the undertakin but the areate of the +ustified su&s &ust be e9ui%alent to the whole a&ount of the bail de&anded.
(b) Nature and circu&stances of the offense (c) chared
;enalt"
for
the
offense
(d) Character and re!utation of the accused (e) accused
e
and
health
of
the
(f) 2eiht of the e%idence aainst the accused () ;robabilit" a!!earin at the trial
of the
accused
(h) ?orfeiture of other bail (i) The fact that the accused was a fuiti%e fro& +ustice when arrested and (+) ;endenc" of other cases where the accused is on bail. EBcessive $ail shall not $e reuire&6 (9a) SEC. 1>. Corporate surety.—n" do&estic or forein cor!oration# licensed as a suret" in accordance with law and currentl" authori-ed to act as such# &a" !ro%ide bail b" a bond subscribed +ointl" b" the accused and an officer of the cor!oration dul" authori-ed b" its board of directors. (1>a) SEC. 11. $roperty bond, how posted.— !ro!ert" bond is an undertakin constituted as lien on the real !ro!ert" i%en as securit" for the a&ount of the bail. 2ithin ten (1>) da"s after the a!!ro%al of the bond# the accused shall cause the annotation of the lien on the certificate of title on file with the Reistr" of Deeds if the land is reistered# or if unreistered# in the Reistration *ook on the s!ace !ro%ided therefor# in the Reistr" of Deeds for the !ro%ince or cit" where the land lies# and on the corres!ondin ta$ declaration in the office of the !ro%incial# cit" and &unici!al assessor concerned. 2ithin the sa&e !eriod# the accused shall sub&it to the court his co&!liance and his failure to do so shall be sufficient cause for the
(b) 2here there is onl" one suret"# his real estate &ust be worth at least the a&ount of the undertakin
In all cases# e%er" suret" &ust be worth the a&ount s!ecified in his own undertakin o%er and abo%e all +ust debts# obliations and !ro!erties e$e&!t fro& e$ecution. (1a) SEC. 1'. ustification of sureties.—E%er" suret" shall +ustif" b" affida%it taken before the +ude that he !ossesses the 9ualifications !rescribed in the !recedin section. 8e shall describe the !ro!ert" i%en as securit"# statin the nature of his title# its encu&brances# the nu&ber and a&ount of other bails entered into b" hi& and still undischared# and his other liabilities. The court &a" e$a&ine the sureties u!on oath concernin their sufficienc" in such &anners it &a" dee& !ro!er. No bail shall be a!!ro%ed unless the suret" is 9ualified. (1'a) SEC. 1,. +eposit of cash as bail.—The accused or an" !erson actin in his behalf &a" de!osit in cash with the nearest collector of internal re%enue or !ro%incial# cit"# or &unici!al treasurer the a&ount of bail fi$ed b" the court# or reco&&ended b" the !rosecutor who in%estiated or filed the case. 7!on sub&ission of a !ro!er certificate of de!osit and a written undertakin showin co&!liance with the re9uire&ents of section of this Rule# the accuse& shall $e &ischar'e& fro# custo&%6 The &one" de!osited shall be considered as bail and a!!lied to the !a"&ent of fine and costs while the e$cess# if an"# shall be returned to the accused or to whoe%er &ade the de!osit. (1,a) SEC. 1. Recogni5ance. —2hene%er allowed b" law or these Rules# the court &a" release a !erson in custod" on his own reconi-ance or that of a res!onsible !erson. (1a) SEC. 1/. 1ail, when not re6uired; reduced bail or recogni5ance.&—No bail shall be re9uired when the law or these Rules so !ro%ide. 2hen a !erson has been in custod" for a !eriod e9ual to or &ore than the !ossible &a$i&u& i&!rison&ent !rescribed for the offense chared# he shall be released
i&&ediatel"# without !re+udice to the continuation of the trial or the !roceedins on a!!eal. If the &a$i&u& !enalt" to which the accused &a" be sentenced is destierro, he shall be released after thirt" ('>) da"s of !re%enti%e i&!rison&ent. !erson in custod" for a !eriod e9ual to or &ore than the &ini&u& of the !rinci!al !enalt" !rescribed for the offense chared# without a!!lication of the Indeter&inate Sentence Gaw or an" &odif"in circu&stance# shall be released on a reduced bail or on his own reconi-ance# at the discretion of the court. (1/a) SEC. 1:. 1ail, where filed.—(a) *ail in the a&ount fi$ed &a" be filed with the court where the case is !endin# or in the absence or una%ailabilit" of the +ude thereof# with an" reional trial +ude# &etro!olitan trial +ude# &unici!al trial +ude# or &unici!al circuit trial +ude in the !ro%ince# cit"# or &unici!alit". If the accused is arrested in a !ro%ince# cit"# or &unici!alit" other than where the case is !endin# bail &a" also be filed with an" reional trial court of said !lace# or if no +ude thereof is a%ailable# with an" &etro!olitan trial +ude# &unici!al trial +ude# or &unici!al circuit trial +ude therein.
!eriod. n accused held to answer a cri&inal chare# who is released without bail u!on filin of the co&!laint or infor&ation# &a"# at an" subse9uent stae of the !roceedins and whene%er a stron showin of uilt a!!ears to the court# be re9uired to i%e bail in the a&ount fi$ed# or in lieu thereof# co&&itted to custod". (>a) 3OTION TO RED7CE *IG SEC. 1. 4orfeiture of bail.—2hen the !resence of the accused is re9uired b" the court or these Rules# his bonds&en shall be notified to !roduce hi& before the court on a i%en date and ti&e. If the accused fails to a!!ear in !erson as re9uired# his bail shall be declared forfeited and the bonds&en i%en thirt" ('>) da"s within which to !roduce their !rinci!al and to show cause wh" no +ud&ent should be rendered aainst the& for the a&ount of their bail. 2ithin the said !eriod# the bonds&en &ust0 (a) !roduce the bod" of their !rinci!al or i%e the reason for his non6 !roduction and (b) e$!lain wh" the accused did not a!!ear before the court when first re9uired to do so.
(b) 2here the rant of bail is a &atter of discretion# or the accused seeks to be released on reconi-ance# the a!!lication &a" onl" be filed in the court where the case is !endin# whether on !reli&inar" in%estiation# trial# or a!!eal.
?ailin in these two re9uisites# a +ud&ent shall be rendered aainst the bonds&en# +ointl" and se%erall"# for the a&ount of the bail. The court shall not reduce or otherwise &itiate the liabilit" of the bonds&en# unless the accused has been surrendered or is ac9uitted. (1a)
(c) n" !erson in custod" who is not "et chared in court &a" a!!l" for bail with an" court in the !ro%ince# cit"# or &unici!alit" where he is held. (1:a)
SEC. . Cancellation of bail.—7!on a!!lication of the bonds&en# with due notice to the !rosecutor# the bail &a" be cancelled u!on surrender of the accused or !roof of his death.
SEC. 1<. %otice of application to prosecutor.—In the a!!lication for bail under section < of this Rule# the court &ust i%e reasonable notice of the hearin to the !rosecutor or re9uire hi& to sub&it his reco&&endation. (1
The bail shall be dee&ed auto&aticall" cancelled u!on ac9uittal of the accused# dis&issal of the case# or e$ecution of the +ud&ent of con%iction.
SEC. 1=. Release on bail.—The accused &ust be dischared u!on a!!ro%al of the bail b" the +ude with who& it was filed in accordance with section 1: of this Rule. 2hen bail is filed with a court other than where the case is !endin# the +ude who acce!ted the bail shall forward it# toether with the order of release and other su!!ortin !a!ers# to the court where the case is !endin# which &a"# for ood reason# re9uire a different one to be filed. (1=a) SEC. >. Increase or reduction of bail.— fter the accused is ad&itted to bail# the court &a"# u!on ood cause# either increase or reduce its a&ount. 2hen increased# the accused &a" be co&&itted to custod" if he does not i%e bail in the increased a&ount within a reasonable
In all instances# the cancellation shall be without !re+udice to an" liabilit" on the bail. (a) SEC. '. (rrest of accused out on bail.— ?or the !ur!ose of surrenderin the accused# the bonds&en &a" arrest hi& or# u!on written authorit" endorsed on a certified co!" of the undertakin# cause hi& to be arrested b" a !olice officer or an" other !erson of suitable ae and discretion. n accused released on bail &a" be re6 arrested without the necessit" of a warrant if he atte&!ts to de!art fro& the ;hili!!ines without !er&ission of the court where the case is !endin. ('a) SEC. ,. %o bail after final "udgment; eception.—No bail shall be allowed after a +ud&ent of con%iction has beco&e final. If before such finalit"# the accused a!!lies for
!robation# he &a" be allowed te&!orar" libert" under his bail. 2hen no bail was filed or the accused is inca!able of filin one# the court &a" allow his release on reconi-ance to the custod" of a res!onsible &e&ber of the co&&unit". In no case shall bail be allowed after the accused has co&&enced to ser%e sentence. (,a) SEC. . Court supervision of detainees.2 The court shall e$ercise su!er%ision o%er all !ersons in custod" for the !ur!ose of eli&inatin unnecessar" detention. The e$ecuti%e +udes of the Reional Trial Courts shall conduct &onthl" !ersonal ins!ections of !ro%incial# cit"# and &unici!al +ails and the !risoners within their res!ecti%e +urisdictions. The" shall ascertain the nu&ber of detainees# in9uire on their !ro!er acco&&odation and health and e$a&ine the condition of the +ail facilities. The" shall order the sereation of se$es and of &inors fro& adults# ensure the obser%ance of the riht of detainees to confer !ri%atel" with counsel# and stri%e to eli&inate conditions ini&ical to the detainees. In cities and &unici!alities to be s!ecified b" the Su!re&e Court# the &unici!al trial +udes or &unici!al circuit trial +udes shall conduct &onthl" !ersonal ins!ections of the &unici!al +ails in their res!ecti%e &unici!alities and sub&it a re!ort to the e$ecuti%e +ude of the Reional Trial Court ha%in +urisdiction therein. &onthl" re!ort of such %isitation shall be sub&itted b" the e$ecuti%e +udes to the Court d&inistrator which shall state the total nu&ber of detainees# the na&es of those held for &ore than thirt" ('>) da"s# the duration of detention# the cri&e chared# the status of the case# the cause for detention# and other !ertinent infor&ation. (a) SEC. /. 1ail not a bar to ob"ections on illegal arrest, lac) of or irregular preliminary investigation.—n a!!lication for or ad&ission to bail shall not bar the accused fro& challenin the %alidit" of his arrest or the lealit" of the warrant issued therefor# or fro& assailin the reularit" or 9uestionin the absence of a !reli&inar" in%estiation of the chare aainst hi&# !ro%ided that he raises the& before enterin his !lea. The court shall resol%e the &atter as earl" as !racticable but not later than the start of the trial of the case# (n)
(a) To be !resu&ed innocent until the contrar" is !ro%ed be"ond reasonable doubt. (b) To be infor&ed of the nature and cause of the accusation aainst hi&. (c) To be !resent and defend in !erson and b" counsel at e%er" stae of the !roceedins# fro& arrain&ent to !ro&ulation of the +ud&ent. The accused &a"# howe%er# wai%e his !resence at the trial !ursuant to the sti!ulations set forth in his tail# unless his !resence is s!ecificall" ordered b" the court for !ur!oses of identification. The absence of the accused without +ustifiable cause at the trial of which he had notice shall be considered a wai%er of his riht to be !resent thereat. 2hen an accused under custod" esca!es# he shall be dee&ed to ha%e wai%ed his riht to be !resent on all subse9uent trial dates until custod" o%er hi& is reained. 7!on &otion# the accused &a" be allowed to defend hi&self in !erson when it sufficientl" a!!ears to the court that he can !ro!erl" !rotect his rihts without the assistance of counsel. (d) To testif" as a witness in his own behalf but sub+ect to cross6 e$a&ination on &atters co%ered b" direct e$a&ination. 8is silence shall not in an" &anner !re+udice hi&. (e) To co&!elled to hi&self.
be be
e$e&!t fro& bein a witness aainst
(f) To confront and cross6 e$a&ine the witnesses aainst hi& at the trial. Either !art" &a" utili-e as !art of its e%idence the testi&on" of a witness who is deceased# out of or can not with due dilience be found in the ;hili!!ines# una%ailable# or otherwise unable to testif"# i%en in another case or !roceedin# +udicial or ad&inistrati%e# in%ol%in the sa&e !arties and sub+ect &atter# the ad%erse !art" ha%in the o!!ortunit" to cross6e$a&ine hi&. () To ha%e co&!ulsor" !rocess issued to secure the attendance of witnesses and !roduction of other e%idence in his behalf. (h) To ha%e s!eed"# i&!artial and !ublic trial.
RULE ++5
(i) To a!!eal in all cases allowed and in the &anner !rescribed b" law. (1a)
R!,
RULE ++4
ARRA!,-3E-T A-. PLEA SECTION 1. made.—
(rraignment and plea; how
(a) The accused &ust be arrained before the court where the co&!laint or infor&ation was filed or assined for trial. The arrain&ent shall be &ade in o!en court b" the +ude or clerk b" furnishin the accused with a co!" of the co&!laint or infor&ation# readin the sa&e in the lanuae or dialect known to hi&# and askin hi& whether he !leads uilt" or not uilt". The !rosecution &a" call at the trial witnesses other than those na&ed in the co&!laint or infor&ation. (b) The accused &ust be !resent at the arrain&ent and &ust !ersonall" enter his !lea. *oth arrain&ent and !lea shall be &ade of record# but failure to do so shall not affect the %alidit" of the !roceedins. (c) 2hen the accused refuses to !lead or &akes a conditional !lea# a !lea of not uilt" shall be entered for hi&. (1a) (d) 2hen the accused !leads uilt" but !resents e$cul!ator" e%idence# his !lea shall be dee&ed withdrawn and a !lea of not uilt" shall be entered for hi&. (n) (e) 2hen the accused is under !re%enti%e detention# his case shall be raffled and its records trans&itted to the +ude to who& the case was raffled within three (') da"s fro& the filin of the infor&ation or co&!laint. The accused shall be arrained within ten (1>) da"s fro& the date of the raffle. The !re6trial conference of his case shall be held within ten (1>) da"s after arrain&ent# (n) (f) The !ri%ate offended !art" shall be re9uired to a!!ear at the arrain&ent for !ur!oses of !lea barainin# deter&ination of ci%il liabilit"# and other &atters re9uirin his !resence. In case of failure of the offended !art" to a!!ear des!ite due notice# the court &a" allow the accused to enter a !lea of uilt" to a lesser offense which is necessaril" included in the offense chared with the confor&it" of the trial !rosecutor alone# (cir. 16<=) () 7nless a shorter !eriod is !ro%ided b" s!ecial law or Su!re&e Court circular# the arrain&ent shall be held within thirt" ('>) da"s fro& the date the court ac9uires +urisdiction o%er the !erson of the accused. The ti&e of the !endenc" of a &otion to 9uash or for a bill of !articulars or other causes +ustif"in sus!ension of the arrain&ent shall be e$cluded in co&!utin the !eriod# (sec. #
cir. '<6=<) SEC. . $lea of guilty to a lesser offense.— t arrain&ent# the accused# with the consent of the offended !art" and the !rosecutor# &a" be allowed b" the trial court to !lead uilt" to a lesser offense which is necessaril" included in the offense chared. fter arrain&ent but before trial# the accused &a" still be allowed to !lead uilt" to said lesser offense after withdrawin his !lea of not uilt". No a&end&ent of the co&!laint or infor&ation is necessar". (sec. ,# cir. '<6=<) SEC. '. $lea of guilty to ca!ital offense; reception of evidence.—2hen the accused !leads uilt" to a ca!ital offense# the court shall conduct a searchin in9uir" into the %oluntariness and full co&!rehension of the conse9uences of his !lea and shall re9uire the !rosecution to !ro%e his uilt and the !recise deree of cul!abilit". The accused &a" !resent e%idence in his behalf. ('a) SEC. ,. $lea of guilty to non&capital offense; reception of evidence, discretionary. — 2hen the accused !leads uilt" to a non6ca!ital offense# the court &a" recei%e e%idence fro& the !arties to deter&ine the !enalt" to be i&!osed. (,) SEC. . #ithdrawal of improvident plea of guilty.—t an" ti&e before the +ud&ent of con%iction beco&es final# the court &a" !er&it an i&!ro%ident !lea of uilt" to be withdrawn and be substituted b" a !lea of not uilt". () SEC. /. +uty of court to inform accused of his right to counsel.—*efore arrain&ent# the court shall infor& the accused of his riht to counsel and ask hi& if he desires to ha%e one. 7nless the accused is allowed to defend hi&self in !erson or has e&!lo"ed counsel of his choice# the court &ust assin a counsel de oficio to defend hi&. (/a) SEC. :. (ppointment of counsel de oficio.— The court# considerin the ra%it" of the offense and the difficult" of the 9uestions that &a" arise# shall a!!oint as counsel de oficio such &e&bers of the bar in ood standin who# b" reason of their e$!erience and abilit"# can co&!etentl" defend the accused. *ut in localities where such &e&bers of the bar are not a%ailable# the court &a" a!!oint an" !erson# resident of the !ro%ince and of ood re!ute for !robit" and abilit"# to defend the accused. (:a) SEC. <. Time for counsel de oficio to prepare for arraignment.—2hene%er a counsel de oficio is a!!ointed b" the court to defend the accused at the arrain&ent# he shall be i%en a reasonable ti&e to consult with the accused as to his !lea before !roceedin with the arrain&ent. (<) SEC. =. 1ill of !articular — The accused &a"# before arrain&ent# &o%e for a bill of
!articulars to enable hi& !ro!erl" to !lead and !re!are for trial. The &otion shall s!ecif" the alleed defects of the co&!laint or infor&ation and the details desired. (1>a) SEC. 1>. $roduction or inspection of material evidence in possession of prosecution. —7!on &otion of the accused showin ood cause and with notice to the !arties# the court# in order to !re%ent sur!rise# su!!ression# or alteration# &a" order the !rosecution to !roduce and !er&it the ins!ection and co!"in or !hotora!hin of an" written state&ent i%en b" the co&!lainant and other witnesses in an" in%estiation of the offense conducted b" the !rosecution or other in%estiatin officers# as well as an" desinated docu&ents# !a!ers# books# accounts# letters# !hotora!hs# ob+ects# or tanible thins not otherwise !ri%ileed# which constitute or contain e%idence &aterial to an" &atter in%ol%ed in the case and which are in !ossession or under the control of the !rosecution# !olice# or other law in%estiatin aencies. (11a) SEC. 11. Suspension of arraignment .F7!on &otion b" the !ro!er !art"# the arrain&ent shall be sus!ended in the followin cases0 (a) The accused a!!ears to be sufferin fro& an unsound &ental condition which effecti%el" renders hi& unable to full" understand the chare aainst hi& and to !lead intellientl" thereto. In such case# the court shall order his &ental e$a&ination and# if necessar"# his confine&ent for such !ur!ose (b) 9uestion and
There e$ists a !re+udicial
(c) !etition for re%iew of the resolution of the !rosecutor is !endin at either the De!art&ent of ustice# or the Office of the ;resident provided # that the !eriod of sus!ension shall not e$ceed si$t" (/>) da"s counted fro& the filin of the !etition with the re%iewin office. (1a)
RULE ++7
3OT!O- TO @UAS< SECTION 1. Time to move to 6uash.Ft an" ti&e before enterin his !lea# the accused &a" &o%e to 9uash the co&!laint for infor&ation. (1) SEC. . 4orm and contents.FThe &otion to 9uash shall be in writin# sined b" the accused or his counsel and shall distinctl" s!ecif" its factual and leal rounds. The court shall consider no round other than those stated in
the &otion# e$ce!t lack of +urisdiction o%er the offense chared (a) SEC. '. -rounds.FThe accused &a" &o%e to 9uash the co&!laint or infor&ation on an" of followin rounds0 (a) That the facts chared do not constitute an offense (b) That the court tr"in the case has no +urisdiction o%er the offense chared (c) That the court tr"in the case has no +urisdiction o%er the !erson of the accused (d) That the officer who filed the infor&ation had no authorit" to do so (e) That it does not confor& substantiall" to the !rescribed for& (f) That &ore than one offense is chared e$ce!t when a sinle !unish&ent for %arious offenses is !rescribed b" law () That the cri&inal action or liabilit" has been e$tinuished (h) That it contains a%er&ents which# if true# would constitute a leal e$cuse or +ustification and (i) That the accused has been !re%iousl" con%icted or ac9uitted of the offense chared# or the case aainst hi& was dis&issed or otherwise ter&inated without his e$!ress consent. ('a) SEC. ,. (mendment of complaint or information.—If the &otion to 9uash is based on an alleed defect of the co&!laint or infor&ation which can be cured b" a&end&ent# the court shall order that an a&end&ent be &ade. (,a) If it is based on the round that the facts chared do not constitute an offense# the !rosecution shall be i%en b" the court an o!!ortunit" to correct the defect b" a&end&ent. The &otion shall be ranted if the !rosecution fails to &ake the a&end&ent# or the co&!laint or infor&ation still suffers fro& the sa&e defect des!ite the a&end&ent# (n) SEC. . *ffect of sustaining the motion to 6uash.—If the &otion to 9uash is sustained# the court &a" order that another co&!laint or infor&ation be filed e$ce!t as !ro%ided in section / of this Rule. If the order is &ade# the accused# if in custod"# shall not be dischared unless ad&itted to bail. If no order is &ade or if ha%in been &ade# no new infor&ation is filed within the ti&e s!ecified in the order or within such further ti&e as the court &a" allow for ood cause# the accused# if in custod"# shall be
dischared unless he is also in custod" for another chare. (a)
two () "ears after issuance of the order without the case ha%in been re%i%ed# (n)
SEC. /. Order sustaining the motion to 6uash not a bar to another prosecution; eception.—n order sustainin the &otion to 9uash is not a bar to another !rosecution for the sa&e offense unless the &otion was based on the rounds s!ecified in section ' () and (i) of this Rule. (/a)
SEC. =. 4ailure to move to 6uash or to allege any ground therefor.—The failure of the accused to assert an" round of a &otion to 9uash before he !leads to the co&!laint or infor&ation# either because he did not file a &otion to 9uash or failed to allee the sa&e in said &otion# shall be dee&ed a wai%er of an" ob+ections e$ce!t those based on the rounds !ro%ided for in !arara!hs (a)# (b)# ()# and (i) of section ' of this Rule. (
SEC. :. 4ormer conviction or ac6uittal; double "eopardy.—2hen an accused has been con%icted or ac9uitted# or the case aainst hi& dis&issed or otherwise ter&inated without his e$!ress consent b" a court of co&!etent +urisdiction# u!on a %alid co&!laint or infor&ation or other for&al chare sufficient in for& and substance to sustain a con%iction and after the accused had !leaded to the chare# the con%iction or ac9uittal of the accused or the dis&issal of the case shall be a bar to another !rosecution for the offense chared# or for an" atte&!t to co&&it the sa&e or frustration thereof# or for an" offense which necessaril" includes or is necessaril" included in the offense chared in the for&er co&!laint or infor&ation. 8owe%er# the con%iction of the accused shall not be a bar to another !rosecution for an offense which necessaril" includes the offense chared in the for&er co&!laint or infor&ation under an" of the followin instances0 (a) the ra%er offense de%elo!ed due to su!er%enin facts arisin fro& the sa&e act or o&ission constitutin the for&er chare (b) the facts constitutin the ra%er chare beca&e known or were disco%ered onl" after a !lea was entered in the for&er co&!laint or infor&ation or (c) the !lea of lesser offense was &ade consent of the !rosecutor offended !art" e$ce!t as section 1(f) of Rule 11/.
uilt" to the without the and of the !ro%ided in
In an" of the foreoin cases# where the accused satisfies or ser%es in whole or in !art the +ud&ent# he shall be credited with the sa&e in the e%ent of con%iction for the ra%er offense. (:a) SEC. <. $rovisional dismissal.— case shall not be !ro%isionall" dis&issed e$ce!t with the e$!ress consent of the accused and with notice to the offended !art". The !ro%isional dis&issal of offenses !unishable b" i&!rison&ent not e$ceedin si$ (/) "ears or a fine of an" a&ount# or both# shall beco&e !er&anent one (1) "ear after issuance of the order without the case ha%in been re%i%ed. 2ith res!ect to offenses !unishable b" i&!rison&ent of &ore than si$ (/) "ears# their !ro%isional dis&issal shall beco&e !er&anent
RULE ++8
PRE>TR!AL SECTION 1. $re&trial; mandatory in criminal cases.—In all cri&inal cases coni-able b" the Sandianba"an# Reional Trial Court# 3etro!olitan Trial Court# 3unici!al Trial Court in Cities# 3unici!al Trial Court and 3unici!al Circuit Trial Court# the court shall# after arrain&ent and within thirt" ('>) da"s fro& the date the court ac9uires +urisdiction o%er the !erson of the accused# unless a shorter !eriod is !ro%ided for in s!ecial laws or circulars of the Su!re&e Court# order a !re6trial conference to consider the followin0 (a)
!lea barainin
(b)
sti!ulation of facts
(c) &arkin for identification of e%idence of the !arties (d) wai%er of ob+ections to ad&issibilit" of e%idence (e) &odification of the order of trial if the accused ad&its the chare but inter!oses a lawful defense and (f) such &atters as will !ro&ote a fair and e$!editious trial of the cri&inal and ci%il as!ects of the case. (secs. and '# cir. '<6=<) SEC. . $re&trial agreement.—ll aree&ents or ad&issions &ade or entered durin the !re6trial conference shall be reduced in writin and sined b" the accused and counsel# otherwise# the" cannot be used aainst the accused. The aree&ents co%erin the &atters referred to in section 1 of this Rule shall be a!!ro%ed b" the court# (sec. ,# cir. '<6=<) SEC. '. %on&appearance at pre&trial conference.—If the counsel for the accused or the !rosecutor does not a!!ear at the !re6trial conference and does not offer an acce!table e$cuse for his lack of coo!eration# the court &a"
i&!ose !ro!er sanctions or !enalties# (sec. # cir. '<6=<) SEC. ,. $re&trial order.—fter the !re6trial conference# the court shall issue an order recitin the actions taken# the facts sti!ulated# and e%idence &arked. Such order shall bind the !arties# li&it the trial to &atters not dis!osed of# and control the course of the action durin the trial# unless &odified b" the court to !re%ent &anifest in+ustice. (')
RULE ++9
TR!AL SECTION 1. Time to prepare for trial.2 fter a !lea of not uilt" is entered# the accused shall ha%e at least fifteen (1) da"s to !re!are for trial. The trial shall co&&ence within thirt" ('>) da"s fro& recei!t of the !re6trial order# (sec. /# cir. '<6=<) SEC. . Continuous trial until terminated; postponements.—Trial once co&&enced shall continue fro& da" to da" as far as !racticable until ter&inated. It &a" be !ost!oned for a reasonable !eriod of ti&e for ood cause. (a) The court# shall# after consultation with the !rosecutor and defense counsel# set the case for continuous trial on a weekl" or other short6ter& trial calendar at the earliest !ossible ti&e so as to ensure s!eed" trial. In no case shall the entire trial !eriod e$ceed one hundred eiht" (1<>) da"s fro& the first da" of trial# e$ce!t as otherwise authori-ed b" the Su!re&e Court# (sec. <# cir. '<6=<).
accused (') Dela" resultin fro& e$traordinar" re&edies aainst interlocutor" orders (,) Dela" resultin fro& !re6 trial !roceedins !ro%ided# that the dela" does not e$ceed thirt" ('>) da"s () Dela" resultin fro& orders of inhibition# or !roceedins relatin to chane of %enue of cases or transfer fro& other courts (/) Dela" resultin fro& a findin of the e$istence of a !re+udicial 9uestion and (:) Dela" reasonabl" attributable to an" !eriod# not to e$ceed thirt" ('>) da"s# durin which an" !roceedin concernin the accused is actuall" under ad%ise&ent. (b) n" !eriod of dela" resultin fro& the absence or una%ailabilit" of an essential witness.
The ti&e li&itations !ro%ided under this section and the !recedin section shall not a!!l" where s!ecial laws or circulars of the Su!re&e Court !ro%ide for a shorter !eriod of trial# (n)
?or !ur!oses of this sub!arara!h# an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be deter&ined b" due dilience. 8e shall be considered una%ailable whene%er his whereabouts are known but his !resence for trial cannot be obtained b" due dilience.
SEC. '. *clusions.—The followin !eriods of dela" shall be e$cluded in co&!utin the ti&e within which trial &ust co&&ence0
(c) n" !eriod of dela" resultin fro& the &ental inco&!etence or !h"sical inabilit" of the accused to stand trial.
(a) n" !eriod of dela" resultin fro& other !roceedins concernin the accused# includin but not li&ited to the followin0
(d) If the infor&ation is dis&issed u!on &otion of the !rosecution and thereafter a chare is filed aainst the accused for the sa&e offense# an" !eriod of dela" fro& the date the chare was dis&issed to the date the ti&e li&itation would co&&ence to run as to the subse9uent chare had there been no !re%ious chare.
(1) Dela" resultin fro& an e$a&ination of the !h"sical and &ental condition of the accused () Dela" resultin fro& !roceedins with res!ect to other cri&inal chares aainst the
(e) reasonable !eriod of dela" when the accused is +oined for trial with a co6accused o%er who& the court has not ac9uired +urisdiction# or# as to who& the ti&e for trial has not run and no &otion for
se!arate trial has been ranted. (f) n" !eriod of dela" resultin fro& a continuance ranted b" an" court &otu !ro!rio# or on &otion of either the accused or his counsel# or the !rosecution# if the court ranted the continuance on the basis of its findins set forth in the order that the ends of +ustice ser%ed b" takin such action outweih the best interest of the !ublic and the accused in a s!eed" trial. (sec. =# cir. '<6=<) SEC. ,. 4actors for granting continuance.— The followin factors# a&on others# shall be considered b" a court in deter&inin whether to rant a continuance under section '(f) of this Rule. (a) 2hether or not the failure to rant a continuance in the !roceedin would likel" &ake a continuation of such !roceedin i&!ossible or result in a &iscarriae of +ustice and (b) 2hether or not the case taken as a whole is so no%el# unusual and co&!le$# due to the nu&ber of accused or the nature of the !rosecution# or that it is unreasonable to e$!ect ade9uate !re!aration within the !eriods of ti&e established therein.
detained# either because he is chared with a bailable cri&e but has no &eans to !ost bail# or# is chared with a non6bailable cri&e# or# is ser%in a ter& of i&!rison&ent in an" !enal institution# it shall be his dut" to do the followin0 (a) Shall !ro&!tl" undertake to obtain the !resence of the !risoner for trial or cause a notice to be ser%ed on the !erson ha%in custod" of the !risoner re9uirin such !erson to so ad%ise the !risoner of his riht to de&and trial. (b) 7!on recei!t of that notice# the custodian of the !risoner shall !ro&!tl" ad%ise the !risoner of the chare and of his riht to de&and trial. If at an"ti&e thereafter the# !risoner infor&s his custodian that he de&ands such trial# the latter shall cause notice to that effect to be sent !ro&!tl" to the !ublic attorne". (c) 7!on recei!t of such notice# the !ublic attorne" shall !ro&!tl" seek to obtain the !resence of the !risoner for trial. (d) 2hen the custodian of the !risoner recei%es fro& the !ublic attorne" a !ro!erl" su!!orted re9uest for the a%ailabilit" of the !risoner for !ur!oses of trial# the !risoner shall be &ade a%ailable accordinl"# (sec. 1# cir. '<6=<)
In addition# no continuance under section '(f) of this Rule shall be ranted because of conestion of the courts calendar or lack of dilient !re!aration or failure to obtain a%ailable witnesses on the !art of the !rosecutor# (sec. 1># cir. '<6=<)
SEC. <. Sanctions.2In an" case in which !ri%ate counsel for the accused# the !ublic attorne"# or the !rosecutor0
SEC. . Time limit following an order for new trial.—If the accused is to be tried aain !ursuant to an order for a new trial# the trial shall co&&ence within thirt" ('>) da"s fro& notice of the order# !ro%ided that if the !eriod beco&es i&!ractical due to una%ailabilit" of witnesses and other factors# the court &a" e$tend it but not to e$ceed one hundred eiht" (1<>) da"s fro& notice of said order for a new trial# (sec. 11# cir. '<6=<)
(b) ?iles a &otion solel" for dela" which he knows is totall" fri%olous and without &erit
SEC. /. *tended time limit.— Notwithstandin the !ro%isions of section 1()# Rule 11/ and the !recedin section 1# for the first twel%e6calendar6&onth !eriod followin its effecti%it" on Se!te&ber 1# 1==<# the ti&e li&it with res!ect to the !eriod fro& arrain&ent to trial i&!osed b" said !ro%ision shall be one hundred eiht" (1<>) da"s. ?or the second twel%e6&onth !eriod# the ti&e li&it shall be one hundred twent" (1>) da"s# and for the third twel%e6&onth !eriod# the ti&e li&it shall be eiht" (<>) da"s# (sec. :# cir. '<6=<) SEC. :. $ublic attorney@s duties where accused is imprisoned.—If the !ublic attorne" assined to defend a !erson chared with a cri&e knows that the latter is !re%enti%el"
(a) Jnowinl" allows the case to be set for trial without disclosin that a necessar" witness would be una%ailable for trial
(c) 3akes a state&ent for the !ur!ose of obtainin continuance which he knows to be false and which is &aterial to the rantin of a continuance or (d) 2illfull" fails to !roceed to trial without +ustification consistent with the !ro%isions hereof# the court &a" !unish such counsel# attorne"# or !rosecutor# as follows0 (1) *" i&!osin on a counsel !ri%atel" retained in connection with the defense of an accused# a fine not e$ceedin twent" thousand !esos (;>#>>>.>>) ()
*" i&!osin
on an" a!!ointed counsel de oficio, !ublic attorne"# or !rosecutor a fine not e$ceedin fi%e thousand !esos (;.>>>.>>) and (') *" den"in an" defense counsel or !rosecutor the riht to !ractice before the court tr"in the case for a !eriod not e$ceedin thirt" ('>) da"s. The !unish&ent !ro%ided for b" this section shall be without !re+udice to an" a!!ro!riate cri&inal action or other sanction authori-ed under these rules. (sec. 1'# cir. '<6=<) SEC. =. Remedy where accused is not brought to trial within the time limit.—If the accused is not brouht to trial within the ti&e li&it re9uired b" Section 1()# Rule 11/ and Section 1# as e$tended b" Section / of this rule# the infor&ation &a" be dis&issed on &otion of the accused on the round of denial of his riht to s!eed" trial. The accused shall ha%e the burden of !ro%in the &otion but the !rosecution shall ha%e the burden of oin forward with the e%idence to establish the e$clusion of ti&e under section ' of this Rule. The dis&issal shall be sub+ect to the rules on double +eo!ard". ?ailure of the accused to &o%e for dis&issal !rior to trial shall constitute a wai%er of the riht to dis&iss under this section# (sec. 1,# cir. '<6=<) SEC. 1>. 7aw on speedy trial not a bar to provision on speedy trial in the Constitution.—No !ro%ision of law on s!eed" trial and no rule i&!le&entin the sa&e shall be inter!reted as a bar to an" chare of denial of the riht to s!eed" trial uaranteed b" section 1,()# article III# of the 1=<: Constitution# (sec. 1# cir. '<6 =<) SEC. 11. Order of trial.2The trial shall !roceed in the followin order0 (a) The !rosecution shall !resent e%idence to !ro%e the chare and# in the !ro!er case# the ci%il liabilit". (b) The accused &a" !resent e%idence to !ro%e his defense and da&aes# if an"# arisin fro& the issuance of a !ro%isional re&ed" in the case. defense
(c) The !rosecution and the &a"# in that order# !resent
rebuttal and sur6rebuttal e%idence unless the court# in furtherance of +ustice# !er&its the& to !resent additional e%idence bearin u!on the &ain issue. (d) 7!on ad&ission of the e%idence of the !arties# the case shall be dee&ed sub&itted for decision unless the court directs the& to arue orall" or to sub&it written &e&oranda. (e) 2hen the accused ad&its the act or o&ission chared in the co&!laint or infor&ation but inter!oses a lawful defense# the order of trial &a" be &odified. ('a) SEC. 1. (pplication for eamination of witness for accused before trial.—2hen the accused has been held to answer for an offense# he &a"# u!on &otion with notice to the other !arties# ha%e witnesses conditionall" e$a&ined in his behalf. The &otion shall state0 (a) the na&e and residence of the witness (b) the substance of his testi&on" and (c) that the witness is sick or infir& as to afford reasonable round for belie%in that he will not be able to attend the trial# or resides &ore than one hundred (1>>) kilo&eters fro& the !lace of trial and has no &eans to attend the sa&e# or that other si&ilar circu&stances e$ist that would &ake hi& una%ailable or !re%ent hi& fro& attendin the trial. The &otion shall be su!!orted b" an affida%it of the accused and such other e%idence as the court &a" re9uire. (,a) SEC. 1'. *amination of defense witness; how made.—If the court is satisfied that the e$a&ination of a witness for the accused is necessar"# an order shall be &ade directin that the witness be e$a&ined at a s!ecific date# ti&e and !lace and that a co!" of the order be ser%ed on the !rosecutor at least three (') da"s before the scheduled e$a&ination. The e$a&ination shall be taken before a +ude# or# if not !racticable# a &e&ber of the *ar in ood standin so desinated b" the +ude in the order# or if the order be &ade b" a court of su!erior +urisdiction# before an inferior court to be desinated therein. The e$a&ination shall !roceed notwithstandin the absence of the !rosecutor !ro%ided he was dul" notified of the hearin. written record of the testi&on" shall be taken. (a) SEC. 1,. 1ail to secure appearance of material witness.—2hen the court is satisfied# u!on !roof or oath# that a &aterial witness will not testif" when re9uired# it &a"# u!on &otion of either !art"# order the witness to !ost bail in such su& as &a" be dee&ed !ro!er. 7!on refusal to !ost bail# the court shall co&&it hi& to !rison until he co&!lies# or is leall" dischared after his testi&on" has been taken. (/a) SEC. 1. *amination of witness for the
prosecution.—2hen it satisfactoril" a!!ears that a witness for the !rosecution is too sick or infir& to a!!ear at the trial as directed b" the court# or has to lea%e the ;hili!!ines with no definite date of returnin# he &a" forthwith be conditionall" e$a&ined before the court where the case is !endin. Such e$a&ination# in the !resence of the accused# or in his absence after reasonable notice to attend the e$a&ination has been ser%ed on hi&# shall be conducted in the sa&e &anner as an e$a&ination of the trial. ?ailure or refusal of the accused to attend the e$a&ination after notice shall be considered a wai%er. The state&ent taken &a" be ad&itted in behalf of or aainst the accused. (:a)
accused in accordance with his sworn state&ent constitutin the basis for his dischare. (1>a)
SEC. 1/. Trial of several accused.—2hen two or &ore accused are +ointl" chared with an offense# the" shall be tried +ointl" unless the court# in its discretion and u!on &otion of the !rosecutor or an" accused# orders se!arate trial for one or &ore accused. (
SEC. >. (ppointment of acting prosecutor. —2hen a !rosecutor# his assistant or de!ut" is dis9ualified to act due to an" of the rounds stated in section 1 of Rule 1': or for an" other reason# the +ude or the !rosecutor shall co&&unicate with the Secretar" of ustice in order that the latter &a" a!!oint an actin !rosecutor. (1a)
SEC. 1:. Discharge of accused to be state witness.D2hen two or &ore !ersons are +ointl" chared with the co&&ission of an" offense# upon #otion of the prosecution $efore restin' its case" the court &a" direct one or &ore of the accused to be dischared with their consent so that the" &a" be witnesses for the state when# after re9uirin the !rosecution to !resent e%idence and the sworn state&ent of each !ro!osed state witness at a hearin in su!!ort of the dischare# the court is satisfied that0 (a) There is absolute necessit" for the testi&on" of the accused whose dischare is re9uested (b)
There is no other direct e%idence a%ailable for the !ro!er !rosecution of the offense co&&itted# e$ce!t the testi&on" of said accused (c) The testi&on" of said accused can be substantiall" corroborated in its &aterial !oints (d) Said accused does not a!!ear to be the &ost uilt" and (e) Said accused has not at an" ti&e been con%icted of an" offense in%ol%in &oral tur!itude. E%idence adduced in su!!ort of the dischare shall auto&aticall" for& !art of the trial. If the court denies the &otion for dischare of the accused as state witness# his sworn state&ent shall be inad&issible in e%idence. (=a) SEC. 1<. +ischarge of accused operates as ac6uittal .—The order indicated in the !recedin section shall a&ount to an ac9uittal of the dischared accused and shall be a bar to future !rosecution for the sa&e offense# unless the accused fails or refuses to testif" aainst his co6
SEC. 1=. #hen mista)e has been made in charging the proper offense.—2hen it beco&es &anifest at an" ti&e before +ud&ent that a &istake has been &ade in charin the !ro!er offense and the accused cannot be con%icted of the offense chared or an" other offense necessaril" included therein# the accused shall not be dischared if there a!!ears ood cause to detain hi&. In such case# the court shall co&&it the accused to answer for the !ro!er offense and dis&iss the oriinal case u!on the filin of the !ro!er infor&ation. (11a)
SEC. 1. *clusion of the public.—The +ude &a"# motu proprio, e$clude the !ublic fro& the courtroo& if the e%idence to be !roduced durin the trial is offensi%e to decenc" or !ublic &orals. 8e &a" also# on &otion of the accused# e$clude the !ublic fro& the trial e$ce!t court !ersonnel and the counsel of the !arties. (1'a) SEC. . Consolidation of trials of related offenses.2Chares for offenses founded on the sa&e facts or for&in !art of a series of offenses of si&ilar character &a" be tried +ointl" at the discretion of the court. (1,a) SEC. '. +emurrer to evidence.2fter the !rosecution rests its case# the court &a" dis&iss the action on the round of insufficienc" of e%idence (1) on its own initiati%e after i%in the !rosecution the o!!ortunit" to be heard or () u!on de&urrer to e%idence filed b" the accused with or without lea%e of court If the court denies the de&urrer to e%idence filed with lea%e of court# the accused &a" adduce e%idence in his defense. 2hen the de&urrer to e%idence is filed without lea%e of court# the accused wai%es the riht to !resent e%idence and sub&its the case for +ud&ent on the basis of the e%idence for the !rosecution. (1a) The &otion for lea%e of court to file de&urrer to e%idence shall s!ecificall" state its rounds and shall be filed within a non6 e$tendible !eriod of fi%e () da"s after the !rosecution rests its case. The !rosecution &a" o!!ose the &otion within a non6e$tendible !eriod of fi%e () da"s fro& its recei!t. If lea%e of court is ranted# the accused shall file the de&urrer to e%idence within a non6 e$tendible !eriod of ten (1>) da"s fro& notice.
The !rosecution &a" o!!ose the de&urrer to e%idence within a si&ilar !eriod fro& its recei!t.
!enalt" for each offense# settin out se!aratel" the findins of fact and law in each offense. ('a)
The order den"in the &otion for lea%e of court to file de&urrer to e%idence or the de&urrer itself shall not be re%iewable b" a!!eal or b" certiorari before +ud&ent# (n)
SEC. ,. udgment in case of variance between allegation and proof.—2hen there is %ariance between the offense chare in the co&!laint or infor&ation and that !ro%ed# and the offense as chared is included in or necessaril" includes the offense !ro%ed# the accused shall be con%icted of the offense !ro%ed which is included in the offense chared# or of the offense chared which is included in the offense !ro%ed. (,a)
SEC. ,. Reopening.—t an" ti&e before finalit" of the +ud&ent of con%iction# the +ude &a"# motu proprio or u!on &otion# with hearin in either case# reo!en the !roceedins to a%oid a &iscarriae of +ustice. The !roceedins shall be ter&inated within thirt" ('>) da"s fro& the order rantin it. (n)
=U.,3E-T
SEC. . #hen an offense includes or is included in another.2n offense chared necessaril" includes the offense !ro%ed when so&e of the essential ele&ents or inredients of the for&er# as alleed in the co&!laint or infor&ation# constitute the latter. nd an o ffense chared is necessaril" included in the offense !ro%ed# when the essential inredients of the for&er constitute or for& !art of those constitutin the latter. (a)
SECTION 1. udgment; definition and form.—ud&ent is the ad+udication b" the court that the accused is uilt" or not uilt" of the offense chared and the i&!osition on hi& of the !ro!er !enalt" and ci%il liabilit"# if an". It &ust be written in the official lanuae# !ersonall" and directl" !re!ared b" the +ude and sined b" hi& and shall contain clearl" and distinctl" a state&ent of the facts and the law u!on which it is based. (1a)
SEC. /. $romulgation of "udgment.—The +ud&ent is !ro&ulated b" readin it in the !resence of the accused and an" +ude of the court in which it was rendered. 8owe%er# if the con%iction is for a liht offense# the +ud&ent &a" be !ronounced in the !resence of his counsel or re!resentati%e. 2hen the +ude is absent or outside the !ro%ince or cit"# the +ud&ent &a" be !ro&ulated b" the clerk of court.
SEC. . Contents of the "udgment. —If the +ud&ent is of con%iction# it shall state (1) the leal 9ualification of the offense constituted b" the acts co&&itted b" the accused and the ara%atin or &itiatin circu&stances which attended its co&&ission () the !artici!ation of the accused in the offense# whether as !rinci!al# acco&!lice# or accessor" after the fact (') the !enalt" i&!osed u!on the accused and (,) the ci%il liabilit" or da&aes caused b" his wronful act or o&ission to be reco%ered fro& the accused b" the offended !art"# if there is an"# unless the enforce&ent of the ci%il liabilit" b" a se!arate ci%il action has been reser%ed or wai%ed.
If the accused is confined or detained in another !ro%ince or cit"# the +ud&ent &a" be !ro&ulated b" the e$ecuti%e +ude of the Reional Trial Court ha%in +urisdiction o%er the !lace of confine&ent or detention u!on re9uest of the court which rendered the +ud&ent. The court !ro&ulatin the +ud&ent shall ha%e authorit" to acce!t the notice of a!!eal and to a!!ro%e the bail bond !endin a!!eal !ro%ided# that if the decision of the trial court con%ictin the accused chaned the nature of the offense fro& non6bailable to bailable# the a!!lication for bail can onl" be filed and resol%ed b" the a!!ellate court.
RULE +0:
In case the +ud&ent is of ac9uittal# it shall state whether the e%idence of the !rosecution absolutel" failed to !ro%e the uilt of the accused or &erel" failed to !ro%e his uilt be"ond reasonable doubt. In either case# the +ud&ent shall deter&ine if the act or o&ission fro& which the ci%il liabilit" &iht arise did not e$ist. (a) SEC. '. udgment for two or more offenses.—2hen two or &ore offenses are chared in a sinle co&!laint or infor&ation but the accused fails to ob+ect to it before trial# the court &a" con%ict hi& of as &an" offenses as are chared and !ro%ed# and i&!ose on hi& the
The !ro!er clerk of court shall i%e notice to the accused !ersonall" or throuh his bonds&an or warden and counsel# re9uirin hi& to be !resent at the !ro&ulation of the decision. If the accused was tried in absentia because he +u&!ed bail or esca!ed fro& !rison# the notice to hi& shall be ser%ed at his last known address. In case the accused fails to a!!ear at the scheduled date of !ro&ulation of +ud&ent des!ite notice# the !ro&ulation shall be &ade b" recordin the +ud&ent in the cri&inal docket and ser%in hi& a co!" thereof at his last known address or thru his counsel. If the +ud&ent is for con%iction and the
failure of the accused to a!!ear was without +ustifiable cause# he shall lose the re&edies a%ailable in these rules aainst the +ud&ent and the court shall order his arrest. 2ithin fifteen (1) da"s fro& !ro&ulation of +ud&ent# howe%er# the accused &a" surrender and file a &otion for lea%e of court to a%ail of these re&edies. 8e shall state the reasons for his absence at the scheduled !ro&ulation and if he !ro%es that his absence was for a +ustifiable cause# he shall be allowed to a%ail of said re&edies within fifteen (1) da"s fro& notice. (/a) SEC. :. !odification of "udgment.— +ud&ent of con%iction &a"# u!on &otion of the accused# be &odified or set aside before it beco&es final or before a!!eal is !erfected. E$ce!t where the death !enalt" is i&!osed# a +ud&ent beco&es final after the la!se of the !eriod for !erfectin an a!!eal# or when the sentence has been !artiall" or totall" satisfied or ser%ed# or when the accused has wai%ed in writin his riht to a!!eal# or has a!!lied for !robation. (:a) SEC. <. *ntry of "udgment.—fter a +ud&ent has beco&e final# it shall be entered in accordance with Rule '/. (<) SEC. =. *isting provisions governing suspension of sentence, probation and parole not affected by this Rule.—Nothin in this Rule shall affect an" e$istin !ro%isions in the laws o%ernin sus!ension of sentence# !robation or !arole. (=a)
RULE +0+
-E; TR!AL OR RECO-S!.ERAT!OSECTION 1. %ew trial or reconsideration.— t an" ti&e before a +ud&ent of con%iction beco&es final# the court &a"# on &otion of the accused or at its own instance but with the consent of the accused# rant a new trial or reconsideration. (1a) SEC. . -rounds for a new trial.—The court shall rant a new trial on an" of the followin rounds0 (a) That errors of law or irreularities !re+udicial to the substantial rihts of the accused ha%e been co&&itted durin the trial (b) That new and &aterial e%idence has been disco%ered which the accused could not with reasonable dilience ha%e disco%ered and !roduced at the trial and which if introduced and ad&itted would !robabl" chane the
+ud&ent. (a) SEC. '. -round for reconsideration.—The court shall rant reconsideration on the round of errors of law or fact in the +ud&ent# which re9uires no further !roceedins. ('a) SEC. ,. ?or& of motion and notice K> the prosecutor.—The &otion for new trial or reconsideration shall be in writin and shall state the rounds on which it is based. If based on a newl"6disco%ered e%idence# the &otion &ust be su!!orted b" affida%its of witnesses b" who& such e%idence is e$!ected to be i%en or b" dul" authenticated co!ies of docu&ents which are !ro!osed to be introduced in e%idence. Notice of the &otion for new trial or reconsideration shall be i%en to the !rosecutor. (,a) SEC. . 3earing on motion.—2here a &otion for new trial calls for resolution of an" 9uestion of fact# the court &a" hear e%idence thereon b" affida%its or otherwise. (a) SEC. /. *ffects of granting a new trial or reconsideration.— The effects of rantin a new trial or reconsideration are the followin0 (a) 2hen a new trial is ranted on the ro und of errors of law or irreularities co&&itted durin the trial# all the !roceedins and e%idence affected thereb" shall be set aside and taken anew. The court &a"# in the interest of +ustice# allow the introduction of additional e%idence. (b) 2hen a new trial is ranted on the round of newl"6disco%ered e%idence# the e%idence alread" adduced shall stand and the newl"6disco%ered and such other e%idence as the court &a"# in the interest of +ustice# allow to be introduced shall be taken and considered toether with the e%idence alread" in the record. (c) In all cases# when the court rants new trial or reconsideration# the oriinal +ud&ent shall be set aside or %acated and a new +ud&ent rendered accordinl". (/a)
RULE +00
APPEAL SECTION 1. #ho may appeal.—n" !art" &a" a!!eal fro& a +ud&ent or final order# unless the accused will be !laced in double +eo!ard". (a) SEC. . #here to appeal.—The a!!eal &a"
be taken as follows0 (a) To the Reional Trial Court# in cases decided b" the 3etro!olitan Trial Court# 3unici!al Trial Court in Cities# 3unici!al Trial Court# or 3unici!al Circuit Trial Court (b) To the Court of !!eals or to the Su!re&e Court in the !ro!er cases !ro%ided b" law# in cases decided b" the Reional Trial Court and (c) To the Su!re&e Court# in cases decided b" the Court of !!eals# (1a) SEC. '.
3ow appeal ta)en.—
(a) The a!!eal to the Reional Trial Court# or to the Court of !!eals in cases decided b" the Reional Trial Court in the e$ercise of its oriinal +urisdiction# shall be taken b" filin a notice of a!!eal with the court which rendered the +ud&ent or final order a!!ealed fro& and b" ser%in a co!" thereof u!on the ad%erse !art". (b) The a!!eal to the Court of !!eals in cases decided b" the Reional Trial Court in the e$ercise of its a!!ellate +urisdiction shall be b" !etition for re%iew under Rule ,. (c) The a!!eal to the Su!re&e Court in cases where the !enalt" i&!osed b" the Reional Trial Court is death# reclusion perpetua, or life i&!rison&ent# or where a lesser !enalt" is i&!osed but for offenses co&&itted on the sa&e occasion or which arose out of the sa&e occurrence that a%e rise to the &ore serious offense for which the !enalt" of death# reclusion perpetua, or life i&!rison&ent is i&!osed# shall be b" filin a notice of a!!eal in accordance with !arara!h (a) of this section. (d) No notice of a!!eal is necessar" in cases where the death !enalt" is i&!osed b" the Reional Trial Court. The sa&e shall be auto&aticall" re%iewed b" the Su!re&e Court as !ro%ided in section 1> of this Rule. (e) E$ce!t as !ro%ided in the last !arara!h of section 1'# Rule 1,# all other a!!eals to the Su!re&e Court shall be b" !etition for re%iew on certiorari under Rule ,. ('a) SEC. ,. $ublication of notice of appeal.—If !ersonal ser%ice of the co!" of the notice of a!!eal can not be &ade u!on the ad%erse !art" or his counsel# ser%ice &a" be done b" reistered &ail or b" substituted ser%ice !ursuant to sections : and < of Rule 1'.(,a) SEC. . #aiver of notice.—The a!!ellee
&a" wai%e his riht to a notice that an a!!eal has been taken. The a!!ellate court &a"# in its discretion# entertain an a!!eal notwithstandin failure to i%e such notice if the interests of +ustice so re9uire. (a) SEC. /. #hen appeal, to be ta)en.—n a!!eal &ust be taken within fifteen (1) da"s fro& !ro&ulation of the +ud&ent or fro& notice of the final order a!!ealed fro&. This !eriod for !erfectin an a!!eal shall be sus!ended fro& the ti&e a &otion for new trial or reconsideration is filed until notice of the order o%errulin the &otion has been ser%ed u!on the accused or his counsel at which ti&e the balance of the !eriod beins to run. (/a) SEC. :. Transcribing and filing notes of stenographic reporter upon appeal.—2hen notice of a!!eal is filed b" the accused# the trial court shall direct the stenora!hic re!orter to transcribe his notes of the !roceedins. 2hen filed b" the ;eo!le of the ;hili!!ines# the trial court shall direct the stenora!hic re!orter to transcribe such !ortion of his notes of the !roceedins as the court# u!on &otion# shall s!ecif" in writin. The stenora!hic re!orter shall certif" to the correctness of the notes and the transcri!t thereof# which shall consist of the oriinal and four co!ies# and shall file said oriinal and four co!ies with the clerk without unnecessar" dela". If death !enalt" is i&!osed# the stenora!hic re!orter shall# within thirt" ('>) da"s fro& !ro&ulation of the sentence# file with the clerk the oriinal and four co!ies of the dul" certified transcri!t of his notes of the !roceedins. No e$tension of ti&e for filin of said transcri!t of stenora!hic notes shall be ranted e$ce!t b" the Su!re&e Court and onl" u!on +ustifiable rounds. (:a) SEC. <. Transmission of papers to appellate court upon appeal.—2ithin fi%e () da"s fro& the filin of the notice of a!!eal# the clerk of the court with who& the notice of a!!eal was filed &ust trans&it to the clerk of court of the a!!ellate court the co&!lete record of the case# toether with said notice. The oriinal and three co!ies of the transcri!t of stenora!hic notes# toether with the records# shall also be trans&itted to the clerk of the a!!ellate court without undue dela". The other co!" of the transcri!t shall re&ain in the lower court. (
(ppeal to the Regional Trial
(a) 2ithin fi%e () da"s fro& !erfection of the a!!eal# the clerk of court shall trans&it the oriinal record to the a!!ro!riate Reional Trial Court. (b) 7!on recei!t of the co&!lete record of the case# transcri!ts and e$hibits# the clerk of court
of the Reional Trial Court shall notif" the !arties of such fact. (c) 2ithin fifteen (1) da"s fro& recei!t of said notice# the !arties &a" sub&it &e&oranda or briefs# or &a" be re9uired b" the Reional Trial Court to do so. fter the sub&ission of such &e&oranda or briefs# or u!on the e$!iration of the !eriod to file the sa&e# the Reional Trial Court shall decide the case on the basis of the entire record of the case and of such &e&oranda or briefs as &a" ha%e been filed. (=a) SEC. 1>. Transmission of records in case of death penalty.— In all cases where the death !enalt" is i&!osed b" the trial court# the records shall be forwarded to the Su!re&e Court for auto&atic re%iew and +ud&ent within fi%e () da"s after the fifteenth (1) da" followin the !ro&ulation of the +ud&ent or notice of denial of a &otion for new trial or reconsideration. The transcri!t shall also be forwarded within ten (1>) da"s after the filin thereof b" the stenora!hic re!orter. (1>a) SEC. 11. Effect of a!!eal b" an" of se%eral accused.— (a) n a!!eal taken b" one or &ore of se%eral accused shall not affect those who did not a!!eal# e$ce!t insofar as the +ud&ent of the a!!ellate court is fa%orable and a!!licable to the latter. (b) The a!!eal of the offended !art" fro& the ci%il as!ect shall not affect the cri&inal as!ect of the +ud&ent or order a!!ealed fro&. (c) 7!on !erfection of the a!!eal# the e$ecution of the +ud&ent or final order a!!ealed fro& shall be sta"ed as to the a!!ealin !art"# (11a) SEC. 1. #ithdrawal of appeal.— Notwithstandin !erfection of the a!!eal# the Reional Trial Court# 3etro!olitan Trial Court# 3unici!al Trial Court in Cities# 3unici!al Trial Court# or 3unici!al Circuit Trial Court# as the case &a" be# &a" allow the a!!ellant to withdraw his a!!eal before the record has been forwarded b" the clerk of court to the !ro!er a!!ellate court as !ro%ided in section <# in which case the +ud&ent shall beco&e final. The Reional Trial Court &a" also# in its discretion# allow the a!!ellant fro& the +ud&ent of a 3etro!olitan Trial Court# 3unici!al Trial Court in Cities# 3unici!al Trial Court# or 3unici!al Circuit Trial Court to withdraw his a!!eal# !ro%ided a &otion to that effect is filed before rendition of the +ud&ent in the case on a!!eal# in which case the +ud&ent of the court of oriin shall beco&e final and the case shall be re&anded to the latter court for e$ecution of the +ud&ent. (1a)
SEC. 1'. (ppointment of counsel de oficio for accused on appeal.—It shall be the dut" of the clerk of the trial court# u!on filin of a notice of a!!eal# to ascertain fro& the a!!ellant# if confined in !rison# whether he desires the Reional Trial Court# Court of !!eals or the Su!re&e Court to a!!oint a counsel de oficio to defend hi& and to trans&it with the record on a for& to be !re!ared b" the clerk of court of the a!!ellate court# a certificate of co&!liance with this dut" and of the res!onse of the a!!ellant to his in9uir". (1'a)
RULE +01
PROCE.URE !- T
RULE +02
PROCE.URE !- T) da"s fro& recei!t of the notice to file brief and he establishes his riht thereto. (a) SEC. '. #hen brief for appellant to be filed.22ithin thirt" ('>) da"s fro& recei!t b" the a!!ellant or his counsel of the notice fro& the clerk of court of the Court of !!eals that the e%idence# oral and docu&entar"# is alread"
attached to the record# the a!!ellant shall file se%en (:) co!ies of his brief with the clerk of court which shall be acco&!anied b" !roof of ser%ice of two () co!ies thereof u!on the a!!ellee. ('a) SEC. ,. #hen brief for appellee to be filed; reply brief of the appellant.—2ithin thirt" ('>) da"s fro& recei!t of the brief of the a!!ellant# the a!!ellee shall file se%en (:) co!ies of the brief of the a!!ellee with the clerk of court which shall be acco&!anied b" !roof of ser%ice of two () co!ies thereof u!on the a!!ellant. 2ithin twent" (>) da"s fro& recei!t of the *rief of the a!!ellee# the a!!ellant &a" file a re!l" brief tra%ersin &atters raised in the for&er but not co%ered in the brief of the a!!ellant. (,a) SEC. . *tension of time for filing briefs. — E$tension of ti&e for the filin of briefs will not be allowed e$ce!t for ood and sufficient cause and onl" if the &otion for e$tension is filed before the e$!iration of the ti&e souht to be e$tended. (a) SEC. /. 4orm of briefs.—*riefs shall either be !rinted# encoded or t"!ewritten in double s!ace on leal si-e# ood 9ualit" unla-ed !a!er# ''> &&. in lenth b" 1/ &&. in width. (/a) SEC. :. Contents of brief.—The briefs in cri&inal cases shall ha%e the sa&e contents as !ro%ided in sections 1' and 1, of Rule ,,. certified true co!" of the decision or final order a!!ealed fro& shall be a!!ended to the brief of the a!!ellant. (:a) SEC. <. +ismissal of appeal for abandonment or failure to prosecute.—The Court of !!eals &a"# u!on &otion of the a!!ellee or motu proprio and with notice to the a!!ellant in either case# dis&iss the a!!eal if the a!!ellant fails to file his brief within the ti&e !rescribed b" this Rule# e$ce!t where the a!!ellant is re!resented b" a counsel de oficio. The Court of !!eals &a" also# u!on &otion of the a!!ellee or motu proprio, dis&iss the a!!eal if the a!!ellant esca!es fro& !rison or confine&ent# +u&!s bail or flees to a forein countr" durin the !endenc" of the a!!eal. (. udgment not to be reversed or modified ecept for substantial error.—No +ud&ent shall be re%ersed or &odified unless the Court of !!eals# after an e$a&ination of
the record and of the e%idence adduced b" the !arties# is of the o!inion that error was co&&itted which in+uriousl" affected the substantial rihts of the a!!ellant. (1>a) SEC. 11. Sco!e of "udgment.—The Court of !!eals &a" re%erse# affir&# or &odif" the +ud&ent and increase or reduce the !enalt" i&!osed b" the trial court# re&and the case to the Reional Trial Court for new trial or retrial# or dis&iss the case. (11a) SEC. 1. $ower to receive evidence.—The Court of !!eals shall ha%e the !ower to tr" cases and conduct hearins# recei%e e%idence and !erfor& an" and all acts necessar" to resol%e factual issues raised in cases (a) fallin within its oriinal +urisdiction# (b) in%ol%in clai&s for da&aes arisin fro& !ro%isional re&edies# or (c) where the court rants a new trial based onl" on the round of newl"6 disco%ered e%idence. (1a) SEC. 1'. 8uorum of the court; certification or appeal of cases to Supreme Court.—Three (') ustices of the Court of !!eals shall constitute a 9uoru& for the sessions of a di%ision. The unani&ous %ote of the three (') ustices of a di%ision shall be necessar" for the !ronounce&ent of a +ud&ent or final resolution# which shall be reached in consultation before the writin of the o!inion b" a &e&ber of the di%ision. In the e%ent that the three (') ustices can not reach a unani&ous %ote# the ;residin ustice shall direct the raffle co&&ittee of the Court to desinate two () additional ustices to sit te&!oraril" with the&# for&in a s!ecial di%ision of fi%e () &e&bers and the concurrence of a &a+orit" of such di%ision shall be necessar" for the !ronounce&ent of a +ud&ent or final resolution. The desination of such additional ustices shall be &ade strictl" b" raffle and rotation a&on all other ustices of the Court of !!eals. 2hene%er the Court of !!eals finds that the !enalt" of death# reclusion perpetua, or life i&!rison&ent should be i&!osed in a case# the court# after discussion of the e%idence and the law in%ol%ed# shall render +ud&ent i&!osin the !enalt" of death# reclusion perpetua, or life i&!rison&ent as the circu&stances warrant. 8owe%er# it shall refrain fro& enterin the +ud&ent and forthwith certif" the case and ele%ate the entire record thereof to the Su!re&e Court for re%iew. (1'a) SEC. 1,. !otion for new trial.—t an" ti&e after the a!!eal fro& the lower court has been !erfected and before the +ud&ent of the Court of !!eals con%ictin the a!!ellant beco&es final# the latter &a" &o%e for a new trial on the round of newl"6disco%ered e%idence &aterial to his defense. The &otion shall confor& with the !ro%isions of section ,# Rule 11. (1,a) SEC. 1. #here new trial conducted.—
2hen a new trial is ranted# the Court of !!eals &a" conduct the hearin and recei%e e%idence as !ro%ided in section 1 of this Rule or refer the trial to the court of oriin. (1a)
RULE +04
SEC. 1/. Reconsideration.— &otion for reconsideration shall be filed within fifteen (1) da"s fro& notice of the decision or final order of the Court of !!eals# with co!ies thereof ser%ed u!on the ad%erse !art"# settin forth the rounds in su!!ort thereof. The &itti&us shall be sta"ed durin the !endenc" of the &otion for reconsideration. No !art" shall be allowed a second &otion for reconsideration of a +ud&ent or final order. (1/a)
SEARC< A-. SE!URE
SEC. 1:. udgment transmitted and filed in trial court.—2hen the entr" of +ud&ent of the Court of !!eals is issued# a certified true co!" of the +ud&ent shall be attached to the oriinal record which shall be re&anded to the clerk of the court fro& which the a!!eal was taken. (1:a) SEC. 1<. (pplication of certain rules in civil procedure to criminal cases.—The !ro%isions of Rules ,# ,, to ,/ and ,< to / relatin to !rocedure in the Court of !!eals and in the Su!re&e Court in oriinal and a!!ealed ci%il cases shall be a!!lied to cri&inal cases insofar as the" are a!!licable and not inconsistent with the !ro%isions of this Rule. (1
RULE +05
SECTION 1. Search warrant defined.— search warrant is an order in writin issued in the na&e of the ;eo!le of the ;hili!!ines# sined b" a +ude and directed to a !eace officer# co&&andin hi& to search for !ersonal !ro!ert" described therein and brin it before the court. (1) SEC. . Court where application for search warrant shall be filed.—n a!!lication for search warrant shall be filed with the followin0 (a) n" court within whose territorial +urisdiction a cri&e was co&&itted. (b) ?or co&!ellin reasons stated in the a!!lication# an" court within the +udicial reion where the cri&e was co&&itted if the !lace of the co&&ission of the cri&e is known# or an" court within the +udicial reion where the warrant shall be enforced. 8owe%er# if the cri&inal action has alread" been filed# the a!!lication shall onl" be &ade in the court where the cri&inal action is !endin# (n) SEC. '. $ersonal property to be sei5ed.— search warrant &a" be issued for the search and sei-ure of !ersonal !ro!ert"0 (a)
Sub+ect of the offense
PROCE.URE !- T
(b) Stolen or e&be--led and other !roceeds# or fruits of the offense or
SECTION 1. 'niform procedure.—7nless otherwise !ro%ided b" the Constitution or b" law# the !rocedure in the Su!re&e Court in oriinal and in a!!ealed cases shall be the sa&e as in the Court of !!eals# (1a)
(c) 7sed or intended to be used as the &eans of co&&ittin an offense. (a)
SEC. . Review of decisions of the Court of (ppeals.—The !rocedure for the re%iew b" the Su!re&e Court of decisions in cri&inal cases rendered b" the Court of !!eals shall be the sa&e as in ci%il cases. (a) SEC. '. +ecision if opinion is e6ually divided.—2hen the Su!re&e Court en banc is e9uall" di%ided in o!inion or the necessar" &a+orit" cannot be had on whether to ac9uit the a!!ellant# the case shall aain be deliberated u!on and if no decision is reached after re6 deliberation# the +ud&ent of con%iction of the lower court shall be re%ersed and the accused ac9uitted. ('a)
SEC. ,. Re6uisites for issuing search warrant.— search warrant shall not issue e$ce!t u!on !robable cause in connection with one s!ecific offense to be deter&ined !ersonall" b" the +ude after e$a&ination under oath or affir&ation of the co&!lainant and the witnesses he &a" !roduce# and !articularl" describin the !lace to be searched and the thins to be sei-ed which &a" be an"where in the ;hili!!ines. ('a) SEC. . *amination of complainant; record.—The +ude &ust# before issuin the warrant# !ersonall" e$a&ine in the for& of searchin 9uestions and answers# in writin and under oath# the co&!lainant and the witnesses he &a" !roduce on facts !ersonall" known to the& and attach to the record their sworn state&ents# toether with the affida%its sub&itted. (,a) SEC. /. Issuance and form of search
warrant.—If the +ude is satisfied of the e$istence of facts u!on which the a!!lication is based or that there is !robable cause to belie%e that the" e$ist# he shall issue the warrant# which &ust be substantiall" in the for& !rescribed b" these Rules. M(a) SEC. :. Right to brea) door or window to effect search.—The officer# if refused ad&ittance to the !lace of directed search after i%in notice of his !ur!ose and authorit"# &a" break o!en an" outer or inner door or window of a house or an" !art of a house or an"thin therein to e$ecute the warrant or liberate hi&self or an" !erson lawfull" aidin hi& when unlawfull" detained therein. (/) SEC. <. Search of house, room, or premises to be made in presence of two witnesses.—No search of a house# roo&# or an" other !re&ises shall be &ade e$ce!t in the !resence of the lawful occu!ant thereof or an" &e&ber of his fa&il" or in the absence of the latter# two witnesses of sufficient ae and discretion residin in the sa&e localit". (:a) SEC. =. Time of ma)ing search.—The warrant &ust direct that it be ser%ed in the da" ti&e# unless the affida%it asserts that the !ro!ert" is on the !erson or in the !lace ordered to be searched# in which case a direction &a" be inserted that it be ser%ed at an" ti&e of the da" or niht. (<)
hereof has been co&!lied with. (c) The return on the search warrant shall be filed and ke!t b" the custodian of the lo book on search warrants who shall enter therein the date of the return# the result# and other actions of the +ude. %iolation of this section shall constitute conte&!t of court. (11a) SEC. 1'. Search incident to lawful arrest.— !erson lawfull" arrested &a" be searched for danerous wea!ons or an"thin which &a" ha%e been used or constitute !roof in the co&&ission of an offense without a search warrant. (1a) SEC. 1,. !otion to 6uash a search warrant or to suppress evidence; where to file.— &otion to 9uash a search warrant andHor to su!!ress e%idence obtained thereof &a" be filed in and acted u!on onl" b" the court where the action has been instituted. If no cri&inal action has been instituted# the &otion &a" be filed in and resol%ed b" the court that issued the search warrant. 8owe%er# if such court failed to resol%e the &otion and a cri&inal case is subse9uentl" filed in another court# the &otion shall be resol%ed b" the latter court. (n)
RULE +07
SEC. 1>. alidity of search warrant.— search warrant shall be %alid for ten (1>) da"s fro& its date. Thereafter# it shall be %oid. (=a) SEC. 11. Receipt for the property sei5ed. — The officer sei-in !ro!ert" under the warrant &ust i%e a detailed recei!t for the sa&e to the lawful occu!ant of the !re&ises in whose !resence the search and sei-ure were &ade# or in the absence of such occu!ant# &ust# in the !resence of at least two witnesses of sufficient ae and discretion residin in the sa&e localit"# lea%e a recei!t in the !lace in which he found the sei-ed !ro!ert". (1>a) SEC. 1. +elivery of property and inventory thereof to court; return and proceedings thereon.—(a) The officer &ust forthwith deli%er the !ro!ert" sei-ed to the +ude who issued the warrant# toether with a true in%entor" thereof dul" %erified under oath.
PRO!S!O-AL RE3E.!ES !- CR!3!-AL CASES SECTION 1. (vailability of provisional remedies.—The !ro%isional re&edies in ci%il actions# insofar as the" are a!!licable# &a" be a%ailed of in connection with the ci%il action dee&ed instituted with the cri&inal action. (1a) SEC. . (ttachment.—2hen the ci%il action is !ro!erl" instituted in the cri&inal action as !ro%ided in Rule 111# the offended !art" &a" ha%e the !ro!ert" of the accused attached as securit" for the satisfaction of an" +ud&ent that &a" be reco%ered fro& the accused in the followin cases0
(b) Ten (1>) da"s after issuance .of the search warrant# the issuin +ude shall ascertain if the return has been &ade# and if none# shall su&&on the !erson to who& the warrant was issued and re9uire hi& to e$!lain wh" no return was &ade. If the return has been &ade# the +ude shall ascertain whether section 11 of this Rule has been co&!lied with and shall re9uire that the !ro!ert" sei-ed be deli%ered to hi&. The +ude shall see to it that subsection (a)
*
PART !
RULES O- E!.E-CE
RULE +08
*
,E-ERAL PRO!S!O-S SECTION 1. *vidence defined.— E%idence is the &eans# sanctioned b" these rules# of ascertainin in a +udicial !roceedin the truth res!ectin a &atter of fact.(1) SEC. . Scope.—The rules of e%idence shall be the sa&e in all courts and in all trials and hearins# e$ce!t as otherwise !ro%ided b" law or these rules.(a) SEC. '. (dmissibility of evidence.— E%idence is ad&issible when it is rele%ant to the issue and is not e$cluded b" the law or these rules.('a) SEC. ,. Relevancy; collateral matters.— E%idence &ust ha%e such a relation to the fact in issue as to induce belief in its e$istence or non6 e$istence. E%idence on collateral &atters shall not be allowed# e$ce!t when it tends in an" reasonable deree to establish the !robabilit" or i&!robabilit" of the fact in issue.(,a)
RULE +09
;
SEC. ,. udicial admissions.—n ad&ission# %erbal or written# &ade b" a !art" in the course of the !roceedins in the sa&e case# does not re9uire !roof. The ad&ission &a" be contradicted onl" b" showin that it was &ade throuh !al!able &istake or that no such ad&ission was &ade.(a)
RULE +1:
RULES OF A.3!SS!!L!T/
A6 O=ECT (REAL) E!.E-CE SECTION 1. Ob"ect as evidence.—Ob+ects as e%idence are those addressed to the senses of the court. 2hen an ob+ect is rele%ant to the fact in issue# it &a" be e$hibited to# e$a&ined or %iewed b" the court.(1a) 6 .OCU3E-TAR/ E!.E-CE SEC. . +ocumentary evidence.— Docu&ents as e%idence consist of writins or an" &aterial containin letters# words# nu&bers# fiures# s"&bols or other &odes of written e$!ressions offered as !roof of their contents. (n) +6 EST E!.E-CE RULE SEC. '. Original document must be produced; eceptions.—2hen the sub+ect of in9uir" is the contents of a docu&ent# no e%idence shall be ad&issible other than the oriinal docu&ent itself# e$ce!t in the followin cases0 (a) 2hen the oriinal has been lost or destro"ed# or cannot be !roduced in court# without bad faith on the !art of the offeror (b) 2hen the oriinal is in the custod" or under the control of the !art" aainst who& the e%idence is offered# and the latter fails to !roduce it after reasonable notice (c) 2hen the oriinal consists of nu&erous accounts or other docu&ents which cannot be e$a&ined in court without reat loss of ti&e and the fact souht to be established fro& the& is onl" the eneral result of the whole and (d) 2hen the oriinal is a !ublic record in the custod" of a !ublic officer or is recorded in a !ublic office.(a) SEC. ,. Original of document. — (a) The oriinal of a docu&ent is
one the contents of which are the sub+ect of in9uir". (b) 2hen a docu&ent is in two or &ore co!ies e$ecuted at or about the sa&e ti&e# with identical contents# all such co!ies are e9uall" rearded as oriinals. (c) 2hen an entr" is re!eated in the reular course of business# one bein co!ied fro& another at or near the ti&e of the transaction# all the entries are likewise e9uall" rearded as oriinals.('a) 06 SECO-.AR/ E!.E-CE SEC. . #hen original document is unavailable.—2hen the oriinal docu&ent has been lost or destro"ed# or cannot be !roduced in court# the offeror# u!on !roof of its e$ecution or e$istence and the cause of its una%ailabilit" without bad faith on his !art# &a" !ro%e its contents b" a co!"# or b" a recital of its contents in so&e authentic docu&ent# or b" the testi&on" of witnesses in the order stated.(,a) SEC. /. #hen original document is in adverse party@s custody or control.2If the docu&ent is in the custod" or under the control of the ad%erse !art"# he &ust ha%e reasonable notice to !roduce it. If after such notice and after satisfactor" !roof of its e$istence# he fails to !roduce the docu&ent# secondar" e%idence &a" be !resented as in the case of its loss.(a) SEC. :. *vidence admissible when original document is a public record.—2hen the oriinal of a docu&ent is in the custod" of a !ublic officer or is recorded in a !ublic office# its contents &a" be !ro%ed b" a certified co!" issued b" the !ublic officer in custod" thereof. (a) SEC. <. $arty who calls for document not bound to offer it.— !art" who calls for the !roduction of a docu&ent and ins!ects the sa&e is not oblied to offer it as e%idence.(/a) 16 PAROL E!.E-CE RULE SEC. =. *vidence of written agreements. — 2hen the ter&s of an aree&ent ha%e been reduced to writin# it is considered as containin all the ter&s areed u!on and there can be# between the !arties and their successors in interest# no e%idence of such ter&s other than the contents of the written aree&ent. 8owe%er# a !art" &a" !resent e%idence to &odif"# e$!lain or add to the ter&s of the written aree&ent if he !uts in issue in his !leadin0 (a) n intrinsic a&biuit"# &istake or i&!erfection in the written aree&ent (b) The failure of the written aree&ent to e$!ress the true intent and aree&ent of the !arties thereto
(c) The %alidit" of the written aree&ent or (d) The e$istence of other ter&s areed to b" the !arties or their successors in interest after the e$ecution of the written aree&ent. The ter& Laree&entL includes wills.(:a) 26 !-TERPRETAT!O- OF .OCU3E-TS SEC. 1>. Interpretation of a writing according to its legal meaning.—The lanuae of a writin is to be inter!reted accordin to the leal &eanin it bears in the !lace of its e$ecution# unless the !arties intended otherwise.(<) SEC. 11. Instrument construed so as to give effect to all provisions.—In the construction of an instru&ent where there are se%eral !ro%isions or !articulars# such a construction is# if !ossible# to be ado!ted as will i%e effect to all.(=) SEC. 1. Interpretation according to intention; general and particular provisions.—In the construction of an instru&ent# the intention of the !arties is to be !ursued and when a eneral and a !articular !ro%ision are inconsistent# the latter is !ara&ount to the for&er. So a !articular intent will control a eneral one that is inconsistent with it.(1>) SEC. 1'. Interpretation according to circumstances.—?or the !ro!er construction of an instru&ent# the circu&stances under which it was &ade# includin the situation of the sub+ect thereof and of the !arties to it# &a" be shown# so that the +ude &a" be !laced in the !osition of those whose lanuae he is to inter!ret.(11) SEC. 1,. $eculiar signification of terms.— The ter&s of a writin are !resu&ed to ha%e been used in their !ri&ar" and eneral acce!tation# but e%idence is ad&issible to show that the" ha%e a local# technical# or otherwise !eculiar sinification# and were so used and understood# in the !articular instance# in which case the aree&ent &ust be construed accordinl".(1) SEC. 1. #ritten words control printed.— 2hen an instru&ent consists !artl" of written words and !artl" of a !rinted for&# and the two are inconsistent# the for&er controls the latter. (1') SEC. 1/. *perts and interpreters to be used in eplaining certain writings.—2hen the characters in which an instru&ent is written are difficult to be deci!hered# or the lanuae is not understood b" the court# the e%idence of !ersons skilled in deci!herin the characters# or who understand the lanuae# is ad&issible to declare the characters or the &eanin of the lanuae.(1,) SEC.
1:.
Of two
constructions, which
preferred.—2hen the ter&s of an aree&ent ha%e been intended in a different sense b" the different !arties to it# that sense is to !re%ail aainst either !art" in which he su!!osed the other understood it# and when different constructions of a !ro%ision are otherwise e9uall" !ro!er# that is to be taken which is the &ost fa%orable to the !art" in whose fa%or the !ro%ision is &ade.(1) SEC. 1<. Construction in favor of natural right.—2hen an instru&ent is e9uall" susce!tible of two inter!retations# one in fa%or of natural riht and the other aainst it# the for&er is to be ado!ted.(1/) SEC. 1=. Interpretation according to usage.—n instru&ent &a" be construed accordin to usae# in order to deter&ine its true character.(1:) C6 TEST!3O-!AL E!.E-CE +6 @UAL!F!CAT!O- OF ;!T-ESSES SEC. >. #itnesses; their 6ualifications.— E$ce!t as !ro%ided in the ne$t succeedin section# all !ersons who can !ercei%e# and !ercei%in# can &ake known their !erce!tion to others# &a" be witnesses. Reliious or !olitical belief# interest in the outco&e of the case# or con%iction of a cri&e unless otherwise !ro%ided b" law# shall not be a round for dis9ualification.(1a) SEC. '. +is6ualification by reason of death or insanity of adverse party. —;arties or assinors of !arties to a case# or !ersons in whose behalf a case is !rosecuted# aainst an e$ecutor or ad&inistrator or other re!resentati%e of a deceased !erson# or aainst a !erson of unsound &ind# u!on a clai& or de&and aainst the estate of such deceased
!erson cannot before before (>a)
or aainst such !erson of unsound &ind# testif" as to an" &atter of fact occurrin the death of such deceased !erson or such !erson beca&e of unsound &ind.
SEC. ,. +is6ualification by reason of privileged communication.—The followin !ersons cannot testif" as to &atters learned in confidence in the followin cases0 (a) The husband or the wife# durin or after the &arriae# cannot be e$a&ined without the consent of the other as to an" co&&unication recei%ed in confidence b" one fro& the other durin the &arriae e$ce!t in a ci%il case b" one aainst the other# or in a cri&inal case for a cri&e co&&itted b" one aainst the other or the latters direct descendants or ascendants (b) n attorne" cannot# without the consent of his client# be e$a&ined as to an" co&&unication &ade b" the client to hi&# or his ad%ice i%en thereon in the course of# or with a %iew to# !rofessional e&!lo"&ent# nor can an attorne"s secretar"# stenora!her# or clerk be e$a&ined# without the consent of the client and his e&!lo"er# concernin an" fact the knowlede of which has been ac9uired in such ca!acit" (c) !erson authori-ed to !ractice &edicine# surer" or obstetrics cannot in a ci%il case# without the consent of the !atient# be e$a&ined as to an" ad%ice or treat&ent i%en b" hi& or an" infor&ation which he &a" ha%e ac9uired in attendin such !atient in a !rofessional ca!acit"# which infor&ation was necessar" to enable hi& to act in that ca!acit"# and which would blacken the re!utation of the !atient (d) &inister or !riest cannot# without the consent of the !erson &akin the confession# be e$a&ined as to an" confession &ade to or an" ad%ice i%en b" hi& in his !rofessional character in the course of disci!line en+oined b" the church to which the &inister or !riest belons (e) !ublic officer cannot be e$a&ined durin his ter& of office or afterwards# as to co&&unications &ade to hi& in official confidence# when the court finds that the !ublic interest would suffer b" the disclosure.(1a) 06 TEST!3O-!AL PR!!LE,E SEC. . $arental and filial privilege.—No !erson &a" be co&!elled to testif" aainst his !arents# other direct ascendants# children or other direct descendants.(>a)
16 A.3!SS!O-S A-. CO-FESS!O-S SEC. /. (dmissions of a party.—The act# declaration or o&ission of a !art" as to a rele%ant fact &a" be i%en in e%idence aainst hi&.() SEC. :. Offer of compromise not admissible.—In ci%il cases# an offer of co&!ro&ise is not an ad&ission of an" liabilit"# and is not ad&issible in e%idence aainst the offeror. In cri&inal cases# e$ce!t those in%ol%in 9uasi6offenses (cri&inal nelience) or those allowed b" law to be co&!ro&ised# an offer of co&!ro&ise b" the accused &a" be recei%ed in e%idence as an i&!lied ad&ission of uilt. !lea of uilt" later withdrawn# or an unacce!ted offer of a !lea of uilt" to a lesser offense# is not ad&issible in e%idence aainst the accused who &ade the !lea or offer. n offer to !a" or the !a"&ent of &edical# hos!ital or other e$!enses occasioned b" an in+ur" is not ad&issible in e%idence as !roof of ci%il or cri&inal liabilit" for the in+ur".(,a) SEC. <. (dmission by third party.—The rihts of a !art" cannot be !re+udiced b" an act# declaration# or o&ission of another# e$ce!t as hereinafter !ro%ided.(a) SEC. =. (dmission by co&partner or agent.—The act or declaration of a !artner or aent of the !art" within the sco!e of his authorit" and durin the e$istence of the !artnershi! or aenc"# &a" be i%en in e%idence aainst such !art" after the !artnershi! or aenc" is shown b" e%idence other than such act or declaration. The sa&e rule a!!lies to the act or declaration of a +oint owner# +oint debtor# or other !erson +ointl" interested with the !art". (/a) SEC. '>. (dmission by conspirator.—The act or declaration of a cons!irator relatin to the cons!irac" and durin its e$istence# &a" be i%en in e%idence aainst the co6cons!irator after the cons!irac" is shown b" e%idence other than such act or declaration.(:) SEC. '1. (dmission by privies.—2here one deri%es title to !ro!ert" fro& another# the act# declaration# or o&ission of the latter# while holdin the title# in relation to the !ro!ert"# is e%idence aainst the for&er.(<)
an accused acknowledin his uilt of the offense chared# or of an" offense necessaril" included therein# &a" be i%en in e%idence aainst hi&.(=a) 26 PRE!OUS CO-.UCT AS E!.E-CE SEC. ',. Similar acts as evidence.— E%idence that one did or did not do a certain thin at one ti&e is not ad&issible to !ro%e that he did or did not do the sa&e or a si&ilar thin at another ti&e but it &a" be recei%ed to !ro%e a s!ecific intent or knowlede# identit"# !lan# s"ste&# sche&e# habit# custo& or usae# and the like.(,a) 46 E?CEPT!O-S TO T
SEC. '. (dmission by silence.—n act or declaration &ade in the !resence and within the hearin or obser%ation of a !art" who does or sa"s nothin when the act or declaration is such as naturall" to call for action or co&&ent if not true# and when !ro!er and !ossible for hi& to do so# &a" be i%en in e%idence aainst hi&. ('a)
SEC. '=. (ct or declaration about pedigree. —The act or declaration of a !erson deceased# or unable to testif"# in res!ect to the !ediree of another !erson related to hi& b" birth or &arriae# &a" be recei%ed in e%idence where it occurred before the contro%ers"# and the relationshi! between the two !ersons is shown b" e%idence other than such act or declaration. The word L!edireeL includes relationshi!# fa&il" enealo"# birth# &arriae# death# the dates when and the !laces where these facts occurred# and the na&es of the relati%es. It e&braces also facts of fa&il" histor" inti&atel" connected with !ediree.(''a)
SEC. ''. Confession.—The declaration of
SEC. ,>. 4amily reputation or tradition
regarding pedigree.— The re!utation or tradition e$istin in a fa&il" !re%ious to the contro%ers"# in res!ect to the !ediree of an" one of its &e&bers# &a" be recei%ed in e%idence if the witness testif"in thereon be also a &e&ber of the fa&il"# either b" consanuinit" or affinit". Entries in fa&il" bibles or other fa&il" books or charts# enra%in on rins# fa&il" !ortraits and the like# &a" be recei%ed as e%idence of !ediree.(',a)
SEC. ,:. Testimony or deposition at a former proceeding.—The testi&on" or de!osition of a witness deceased or unable to testif"# i%en in a for&er case or !roceedin# +udicial or ad&inistrati%e# in%ol%in the sa&e !arties and sub+ect &atter# &a" be i%en in e%idence aainst the ad%erse !art" who had the o!!ortunit" to cross6e$a&ine hi&.(,1a)
SEC. ,1. Common reputation.—Co&&on re!utation e$istin !re%ious to the contro%ers"# res!ectin facts of !ublic or eneral interest &ore than thirt" "ears old# or res!ectin &arriae or &oral character# &a" be i%en in e%idence# 3onu&ents and inscri!tions in !ublic !laces &a" be recei%ed as e%idence of co&&on re!utation.(')
SEC. ,<. -eneral rule.—The o!inion of a witness is not ad&issible# e$ce!t as indicated in the followin sections.(,)
SEC. ,. $art of the res gestae.— State&ents &ade b" a !erson while a startlin occurrence is takin !lace or i&&ediatel" !rior or subse9uent thereto with res!ect to the circu&stances thereof# &a" be i%en in e%idence as !art of the res gestae. So# also# state&ents acco&!an"in an e9ui%ocal act &aterial to the issue# and i%in it a leal sinificance# &a" be recei%ed as !art of the res gestae.('/a) SEC. ,'. *ntries in the course of business. —Entries &ade at# or near the ti&e of the transactions to which the" refer# b" a !erson deceased# or unable to testif"# who was in a !osition to know the facts therein stated# &a" be recei%ed as prima facie e%idence# if such !erson &ade the entries in his !rofessional ca!acit" or in the !erfor&ance of dut" and in the ordinar" or reular course of business or dut".(':a) SEC. ,,. *ntries in official records.—Entries in official records &ade in the !erfor&ance of his dut" b" a !ublic officer of the ;hili!!ines# or b" a !erson in the !erfor&ance of a dut" s!eciall" en+oined b" law# are prima facie e%idence of the facts therein stated.('<) SEC. ,. Commercial lists and the li)e.— E%idence of state&ents of &atters of interest to !ersons enaed in an occu!ation contained in a list# reister# !eriodical# or other !ublished co&!ilations ad&issible as tendin to !ro%e the truth of an" rele%ant &atter so stated if that co&!ilation is !ublished for use b" !ersons enaed in that occu!ation and is enerall" used and relied u!on b" the& therein.('=) SEC. ,/. 7earned treatises.— !ublished treatise# !eriodical or !a&!hlet on a sub+ect of histor"# law# science or art is ad&issible as tendin to !ro%e the truth of a &atter stated therein if the court takes +udicial notice# or a witness e$!ert in the sub+ect testifies# that the writer of the state&ent in the treatise# !eriodical or !a&!hlet is reconi-ed in his !rofession or callin as e$!ert in the sub+ect.(,>a)
76 OP!-!O- RULE
SEC. ,=. Opinion of epert witness.—The o!inion of a witness on a &atter re9uirin s!ecial knowlede# skill# e$!erience or trainin which he is shown to !ossess# &a" be recei%ed in e%idence.(,'a) SEC. >. Opinion of ordinary witnesses.— The o!inion of a witness for which !ro!er basis is i%en# &a" be recei%ed in e%idence reardin — (a) The identit" of a !erson about who& he has ade9uate knowlede (b) handwritin with which he has sufficient fa&iliarit" and (c) The &ental sanit" of a !erson with who& he is sufficientl" ac9uainted. The witness &a" also testif" on his i&!ressions of the &otion# beha%ior# condition or a!!earance of a !erson.(,,a) 86 C
(c) In the case !ro%ided for in Rule 1'# Section 1,. (,/a# ,:a)
RULE +1+
UR.E- OF PROOF A-. PRESU3PT!O-S SECTION 1. 1urden of proof.2*urden of !roof is the dut" of a !art" to !resent e%idence on the facts in issue necessar" to establish his clai& or defense b" the a&ount of e%idence re9uired b" law.(1a# a) SEC. . Conclusive presumptions.—The followin are instances of conclusi%e !resu&!tions0 (a) 2hene%er a !art" has# b" his own declaration# act# or o&ission# intentionall" and deliberatel" led another to belie%e a !articular thin true# and to act u!on such belief# he cannot# in an" litiation arisin out of such declaration# act or o&ission# be !er&itted to falsif" it0 (b) The tenant is not !er&itted to den" the title of his landlord at the ti&e of the co&&ence&ent of the relation of landlord and tenant between the&.('a) SEC. '. +isputable presumptions.—The followin !resu&!tions are satisfactor" if uncontradicted# but &a" be contradicted and o%erco&e b" other e%idence0 (a) That a !erson is innocent of cri&e or wron (b) That an unlawful act was done with an unlawful intent (c) That a !erson intends the ordinar" conse9uences of his %oluntar" act (d) That a !erson take ordinar" care of his concerns (e) That e%idence willfull" su!!ressed would be ad%erse if !roduced (f) That &one" !aid b" one to another was due to the latter () That a thin deli%ered b" one to another beloned to the latter
a recent wronful act is the taker and the doer of the whole act otherwise# that thins which a !erson !ossesses# or e$ercises acts of ownershi! o%er# are owned b" hi& (k) That a !erson in !ossession of an order on hi&self for the !a"&ent of the &one"# or the deli%er" of an"thin# has !aid the &one" or deli%ered the thin accordinl" (l) That a !erson actin in a !ublic office was reularl" a!!ointed or elected to it (&) That official dut" has been reularl" !erfor&ed (n) That a court# or +ude actin as such# whether in the ;hili!!ines or elsewhere# was actin in the lawful e$ercise of +urisdiction (o) That all the &atters within an issue raised in a case were laid before the court and !assed u!on b" it and in like &anner that all &atters within an issue raised in a dis!ute sub&itted for arbitration were laid before the arbitrators and !assed u!on b" the& (!) That !ri%ate transactions ha%e been fair and reular (9) That the ordinar" course of business has been followed (r) That there was a sufficient consideration for a contract (s) That a neotiable instru&ent was i%en or indorsed for a sufficient consideration (t) That an indorse&ent of a neotiable instru&ent was &ade before the instru&ent was o%erdue and at the !lace where the instru&ent is dated (u) That a writin is trul" dated (%) That a letter dul" directed and &ailed was recei%ed in the reular course of the &ail (w) That after an absence of se%en "ears# it bein unknown whether or not the absentee still li%es# he is considered dead for all !ur!oses# e$ce!t for those of succession.
(i) That !rior rents or install&ents had been !aid when a recei!t for the later ones is !roduced
The absentee shall not be considered dead for the !ur!ose of o!enin his succession till after an absence of ten "ears. If he disa!!eared after the ae of se%ent"6fi%e "ears# an absence of fi%e "ears shall be sufficient in order that his succession &a" be o!ened.
(+) That a !erson found in !ossession of a thin taken in the doin of
The followin shall be considered dead for all !ur!oses includin the di%ision
(h) That an obliation deli%ered u! to the debtor has been !aid
of the estate a&on the heirs0 (1) !erson on board a %essel lost durin a sea %o"ae# or an aircraft which is &issin# who has not been heard of for four "ears since the loss of the %essel or aircraft () &e&ber of the ar&ed forces who has taken !art in ar&ed hostilities# and has been &issin for four "ears (') !erson who has been in daner of death under other circu&stances and whose e$istence has not been known for four "ears (,) If a &arried !erson has been absent for four consecuti%e "ears# the s!ouse !resent &a" contract a subse9uent &arriae if he or she has a well6founded belief that the absent s!ouse is alread" dead. In case of disa!!earance# where there is daner of death under the circu&stances hereinabo%e !ro%ided an absence of onl" two "ears shall be sufficient for the !ur!ose of contractin a subse9uent &arriae. 8owe%er# in an" case# before &arr"in aain# the s!ouse !resent &ust institute a su&&ar" !roceedin as !ro%ided in the ?a&il" Code and in the rules for a declaration of !resu&!ti%e death of the absentee# without !re+udice to the effect of rea!!earance of the absent s!ouse. ($) That ac9uiescence resulted fro& a belief that the thin ac9uiesced in was confor&able to the law or fact (") That thins ha%e ha!!ened accordin to the ordinar" course of nature and the ordinar" habits of life (-) That !ersons actin as co!artners ha%e entered into a contract of co!artnershi! (aa) That a &an and wo&an de!ortin the&sel%es as husband and wife ha%e entered into a lawful contract of &arriae (bb) That !ro!ert" ac9uired b" a &an and wo&an who are ca!acitated to &arr" each other and who li%e e$clusi%el" with each other as husband and wife without the benefit of &arriae or under a %oid &arriae# has been obtained b" their +oint efforts# work or industr".
(cc) That in cases of cohabitation b" a &an and a wo&an who are not ca!acitated to &arr" each other and who ha%e ac9uired !ro!ert" throuh their actual +oint contribution of &one"# !ro!ert" or industr"# such contributions and their corres!ondin shares includin +oint de!osits of &one" and e%idences of credit are e9ual. (dd) That if the &arriae is ter&inated and the &other contracted another &arriae within three hundred da"s after such ter&ination of the for&er &arriae# these rules shall o%ern in the absence of !roof to the contrar"0 (1) child born before one hundred eiht" da"s after the sole&ni-ation of the subse9uent &arriae is considered to ha%e been concei%ed durin the for&er &arriae# !ro%ided it be born within three hundred da"s after the ter&ination of the for&er &arriae () child born after one hundred eiht" da"s followin the celebration of the subse9uent &arriae is considered to ha%e been concei%ed durin such &arriae# e%en thouh it be born within the three hundred da"s after the ter&ination of the for&er &arriae. (ee) That a thin once !ro%ed to e$ist continues as lon as is usual with thins of that nature (ff)
That
the
law
has
been
obe"ed () That a !rinted or !ublished book# !ur!ortin to be !rinted or !ublished b" !ublic authorit"# was so !rinted or !ublished (hh) That a !rinted or !ublished book# !ur!ortin to contain re!orts of cases ad+uded in tribunals of the countr" where the book is !ublished# contains correct re!orts of such cases (ii) That a trustee or other !erson whose dut" it was to con%e" real !ro!ert" to a !articular !erson has actuall" con%e"ed it to hi& when such !resu&!tion is necessar" to !erfect the title of such !erson or his successor in interest (++) That e$ce!t for !ur!oses of succession# when two !ersons !erish in the sa&e cala&it"# such as wreck# battle# or conflaration# and it is not shown who died first# and there are no !articular circu&stances fro& which it can be inferred# the sur%i%orshi! is deter&ined
fro& the !robabilities resultin fro& the strenth and ae of the se$es# accordin to the followin rules0 1. If both were under the ae of fifteen "ears# the older is dee&ed to ha%e sur%i%ed . If both were abo%e the ae of si$t"# the "ouner is dee&ed to ha%e sur%i%ed '. If one is under fifteen and the other abo%e si$t"# the for&er is dee&ed to ha%e sur%i%ed ,. If both be o%er fifteen and under si$t"# and the se$ be different# the &ale is dee&ed to ha%e sur%i%ed if the se$ be the sa&e# the older . If one be under fifteen or o%er si$t"# and the other between those aes# the latter is dee&ed to ha%e sur%i%ed. (kk) That if there is a doubt# as between two or &ore !ersons who are called to succeed each other# as to which of the& died first# whoe%er allees the death of one !rior to the other# shall !ro%e the sa&e in the absence of !roof# the" shall be considered to ha%e died at the sa&e ti&e.(a) SEC. ,. %o presumption of legitimacy or illegitimacy.—There is no !resu&!tion of leiti&ac" or illeiti&ac" of a child born after three hundred da"s followin the dissolution of the &arriae or the se!aration of the s!ouses. 2hoe%er allees the leiti&ac" or illeiti&ac" of such child &ust !ro%e his alleation.(/)
RULE +10
PRESE-TAT!O- OF E!.E-CE A6 E?A3!-AT!O- OF ;!T-ESSES SECTION 1. *amination to be done in open court.—The e$a&ination of witnesses !resented in a trial or hearin shall be done in o!en court# and under oath or affir&ation. 7nless the witness is inca!acitated to s!eak# or the 9uestion calls for a different &ode of answer# the answers of the witness shall be i%en orall".(1a) SEC. . $roceedings to be recorded.—The entire !roceedins of a trial o r hearin# includin the 9uestions !ro!ounded to a witness and his answers thereto# the state&ents &ade b" the
+ude or an" of the !arties# counsel# or witnesses with reference to the case# shall be recorded b" &eans of shorthand or stenot"!e or b" other &eans of recordin found suitable b" the court. transcri!t of the r ecord of the !roceedins &ade b" the official stenora!her# stenot"!ist or recorder and certified as correct b" hi& shall be dee&ed prima facie a correct state&ent of such !roceedins.(a) SEC. '. Rights and obligations of a witness.— witness &ust answer 9uestions# althouh his answer &a" tend to establish a clai& aainst hi&. 8owe%er# it is the riht of a witness0 (1) To be !rotected fro& irrele%ant# i&!ro!er# or insultin 9uestions# and fro& harsh or insultin de&eanor () Not to be detained loner than the interests of +ustice re9uire (') Not to be e$a&ined e$ce!t onl" as to &atters !ertinent to the issue (,) Not to i%e an answer which will tend to sub+ect hi& to a !enalt" for an offense unless otherwise !ro%ided b" law or () Not to i%e an answer which will tend to derade his re!utation# unless it be to the %er" fact at issue or to a fact fro& which the fact in issue would be !resu&ed. *ut a witness &ust answer to the fact of his !re%ious final con%iction for an offense.('a# 1=a) SEC. ,. Order in the eamination of an individual witness.— The order in which an indi%idual witness &a" be e$a&ined is as follows0 (a) !ro!onent
Direct e$a&ination
b" the
(b) o!!onent
Cross6e$a&ination
b"
the
(c) Re6direct e$a&ination b" the !ro!onent (d) Re6cross6e$a&ination b" the o!!onent.(,) SEC. . +irect eamination.—Direct e$a&ination is the e$a&ination6in6chief of a witness b" the !art" !resentin hi& on the facts rele%ant to the issue.(a) SEC. /. Cross&eamination; its purpose and etent.—7!on the ter&ination of the direct e$a&ination# the witness &a" be cross6 e$a&ined b" the ad%erse !art" as to an" &atters stated in the direct e$a&ination# or connected therewith# with sufficient fullness and freedo& to test his accurac" and truthfulness
and freedo& fro& interest or bias# or the re%erse# and to elicit all i&!ortant facts bearin u!on the issue.(. 7eading and misleading 6uestions.— 9uestion which suests to the witness the answer which the e$a&inin !art" desires is a leadin 9uestion. It is not allowed# e$ce!t0 (a) On cross e$a&ination (b) On !reli&inar" &atters (c) 2hen there is difficult" in ettin direct and intelliible answers fro& a witness who is inorant# or a child of tender "ears# or is of feeble &ind# or a deaf6&ute (d) witness or
Of an unwillin or hostile
(e) Of a witness who is an ad%erse !art" or an officer# director# or &anain aent of a !ublic or !ri%ate cor!oration or of a !artnershi! or association which is an ad%erse !art". &isleadin 9uestion is one which assu&es as true a fact not "et testified to b" the witness# or contrar" to that which he has !re%iousl" stated. It is not allowed.(a# /a# and
record of the +ud&ent# that he has been con%icted of an offense.(1) SEC. 1. $arty may not impeach his own witness.—E$ce!t with res!ect to witnesses referred to in !arara!hs (d) and (e) of Section 1># the !art" !roducin a witness is not allowed to i&!each his credibilit". witness &a" be considered as unwillin or hostile onl" if so declared b" the court u!on ade9uate showin of his ad%erse interest# un+ustified reluctance to testif"# or his ha%in &isled the !art" into callin hi& to the witness stand. The unwillin or hostile witness so declared# or the witness who is an ad%erse !art"# &a" be i&!eached b" the !art" !resentin hi& in all res!ects as if he had been called b" the ad%erse !art"# e$ce!t b" e%idence of his bad character. 8e &a" also be i&!eached and cross6e$a&ined b" the ad%erse !art"# but such cross6e$a&ination &ust onl" be on the sub+ect &atter of his e$a&ination6in6chief. (/a# :a) SEC. 1'. 3ow witness impeached by evidence of inconsistent statements.—*efore a witness can be i&!eached b" e%idence that he has &ade at other ti&es state&ents inconsistent with his !resent testi&on"# the state&ents &ust be related to hi&# with the circu&stances of the ti&es and !laces and the !ersons !resent# and he &ust be asked whether he &ade such state&ents# and if so# allowed to e$!lain the&. If the state&ents be in writin the" &ust be shown to the witness before an" 9uestion is !ut to hi& concernin the&.(1/) SEC. 1,. *vidence of good character of witness.—E%idence of the ood character of a witness is not ad&issible until such character has been i&!eached.( 1:) SEC. 1. *clusion and separation of witnesses.—On an" trial or hearin# the +ude &a" e$clude fro& the court an" witness not at the ti&e under e$a&ination# so that he &a" not hear the testi&on" of other witnesses. The +ude &a" also cause witnesses to be ke!t se!arate and to be !re%ented fro& con%ersin with one another until all shall ha%e been e$a&ined.(1<) SEC. 1/. #hen witness may refer to memorandum.— witness &a" be allowed to refresh his &e&or" res!ectin a fact# b" an"thin written or recorded b" hi&self or under his direction at the ti&e when the fact occurred# or i&&ediatel" thereafter# or at an" other ti&e when the fact was fresh in his &e&or" and he knew that the sa&e was correctl" written or recorded but in such case the writin or record &ust be !roduced and &a" be ins!ected b" the ad%erse !art"# who &a"# if he chooses# cross6 e$a&ine the witness u!on it# and &a" read it in e%idence. So# also# a witness &a" testif" fro&
such a writin or record# thouh he retain no recollection of the !articular facts# if he is able to swear that the writin or record correctl" stated the transaction when &ade but such e%idence &ust be recei%ed with caution.(1>a) SEC. 1:. #hen part of transaction, writing or record given in evidence, the remainder admissible.—2hen !art of an act# declaration# con%ersation# writin or record is i%en in e%idence b" one !art"# the whole of the sa&e sub+ect &a" be in9uired into b" the other# and when a detached act# declaration# con%ersation# writin or record is i%en in e%idence# an" other act# declaration# con%ersation# writin or record necessar" to its understandin &a" also be i%en in e%idence.(11a) SEC. 1<. Right to inspect writing shown to witness.—2hene%er a writin is shown to a witness# it &a" be ins!ected b" the ad%erse !art".(=a) 6 AUTa) SEC. >. $roof of private document.— *efore an" !ri%ate docu&ent offered as authentic is recei%ed in e%idence# its due e$ecution and authenticit" &ust be !ro%ed either0 (a) *" an"one who saw the docu&ent e$ecuted or written or (b) *" e%idence of enuineness of the sinatur e handwritin of the &aker.
the or
n" other !ri%ate docu&ent need onl" be identified as that which it is clai&ed to be.(1a) SEC. 1. #hen evidence of authenticity of private document not necessary.—2here a !ri%ate docu&ent is &ore than thirt" "ears old# is !roduced fro& a custod" in which it would naturall" be found if enuine# and is unble&ished b" an" alterations or circu&stances
of sus!icion# no other e%idence authenticit" need be i%en.(a)
of
its
SEC. . 3ow genuineness of handwriting proved.—The handwritin of a !erson &a" be !ro%ed b" an" witness who belie%es it to be the handwritin of such !erson because he has seen the !erson write# or has seen writin !ur!ortin to be his u!on which the witness has acted or been chared# and has thus ac9uired knowlede of the handwritin of such !erson. E%idence res!ectin the handwritin &a" also be i%en b" a co&!arison# &ade b" the witness or the court# with writins ad&itted or treated as enuine b" the !art" aainst who& the e%idence is offered# or !ro%ed to be enuine to the satisfaction of the +ude.('a) SEC. '. $ublic documents as evidence.— Docu&ents consistin of entries in !ublic records &ade in the !erfor&ance of a dut" b" a !ublic officer are prima facie e%idence of the facts therein stated. ll other !ublic docu&ents are e%idence# e%en aainst a third !erson# of the fact which a%e rise to their e$ecution and of the date of the latter.(,a) SEC. ,. $roof of official record.—The record of !ublic docu&ents referred to in !arara!h (a) of Section 1=# when ad&issible for an" !ur!ose# &a" be e%idenced b" an official !ublication thereof or b" a co!" attested b" the officer ha%in the leal custod" of the record# or b" his de!ut"# and acco&!anied# if the record is not ke!t in the ;hili!!ines# with a certificate that such officer has the custod". If the office in which the record is ke!t is in a forein countr"# the certificate &a" be &ade b" a secretar" of the e&bass" or leation# consul eneral# consul# %ice consul# or consular aent or b" an" officer in the forein ser%ice of the ;hili!!ines stationed in the forein countr" in which the record is ke!t# and authenticated b" the seal of his office. (a) SEC. . #hat attestation of copy must state.—2hene%er a co!" of a docu&ent or record is attested for the !ur!ose of e%idence# the attestation &ust state# in substance# that the co!" is a correct co!" of the oriinal# or a s!ecific !art thereof# as the case &a" be. The attestation &ust be under the official seal of the attestin officer# if there be an"# or if he be the clerk of a court ha%in a seal# under the seal of such court.(/a) SEC. /. Irremovability of public record.— n" !ublic record# an official co!" of which is ad&issible in e%idence# &ust not be re&o%ed fro& the office in which it is ke!t# e$ce!t u!on order of a court where the ins!ection of the record is essential to the +ust deter&ination of a !endin case.(:a) SEC. :. $ublic record of a private document.—n authori-ed !ublic record of a !ri%ate docu&ent &a" be !ro%ed b" the oriinal record# or b" a co!" thereof# attested b" the
leal custodian of the record# with an a!!ro!riate certificate that such officer has the custod" .(a) SEC. '>. $roof of notarial documents.— E%er" instru&ent dul" acknowleded or !ro%ed and certified as !ro%ided b" law# &a" be !resented in e%idence without further !roof# the certificate of acknowled&ent bein prima facie e%idence of the e$ecution of the instru&ent or docu&ent in%ol%ed.('1a) SEC. '1. (lterations in document, how to eplain.—The !art" !roducin a docu&ent as enuine which has been altered and a!!ears to ha%e been altered after its e$ecution# in a !art &aterial to the 9uestion in dis!ute# &ust account for the alteration. 8e &a" show that the alteration was &ade b" another# without his concurrence# or was &ade with the consent of the !arties affected b" it# or was otherwise !ro!erl" or innocentl" &ade# or that the alteration did not chane the &eanin or lanuae of the instru&ent. If he fails to do that# the docu&ent shall not be ad&issible in e%idence.('a) SEC. '. Seal.—There shall be no difference between sealed and unsealed !ri%ate docu&ents insofar as their ad&issibilit" as e%idence is concerned.(''a) SEC. ''. +ocumentary evidence in an unofficial language.—Docu&ents written in an unofficial lanuae shall not be ad&itted as e%idence# unless acco&!anied with a translation into Enlish or ?ili!ino. To a%oid interru!tion of !roceedins# !arties or their attorne"s are directed to ha%e such translation !re!ared before trial.(',a) C6 OFFER A-. O=ECT!OSEC. ',. Offer of evidence.—The court shall consider no e%idence which has not been for&all" offered. The !ur!ose for which the e%idence is offered &ust be s!ecified.(') SEC. '. #hen to ma)e offer.— (s reards the testi&on" of a witness# the offer &ust be &ade at the ti&e the witness is called to testif".
Docu&entar" and ob+ect e%idence shall be offered after the !resentation of a !art"s testi&onial e%idence. Such offer shall be done orall" unless allowed b" the court to be done in writin# (n) SEC. '/. Ob"ection.—Ob+ection to e%idence offered orall" &ust be &ade i&&ediatel" after the offer is &ade. Ob+ection to a 9uestion !ro!ounded in the course of the oral e$a&ination of a witness shall be &ade as soon as the rounds therefor shall beco&e reasonabl" a!!arent. n offer of e%idence in writin shall be ob+ected to within three (') da"s after notice of the offer unless a different !eriod is allowed b" the court. In an" case# the rounds for the ob+ections &ust be s!ecified. ('/a) SEC. ':. #hen repetition of ob"ection unnecessary. —2hen it beco&es reasonabl" a!!arent in the course of the e$a&ination of a witness that the 9uestions bein !ro!ounded are of the sa&e class as those to which ob+ection has been &ade# whether such ob+ection was sustained or o%erruled# it shall not be necessar" to re!eat the ob+ection# it bein sufficient for the ad%erse !art" to record his continuin ob+ection to such class of 9uestions.(':a) SEC. '<. Ruling.—The rulin of the court &ust be i%en i&&ediatel" after the ob+ection is &ade# unless the court desires to take a reasonable ti&e to infor& itself on the 9uestion !resented but the rulin shall alwa"s be &ade durin the trial and at such ti&e as will i%e the !art" aainst who& it is &ade an o!!ortunit" to &eet the situation !resented b" the rulin. The reason for sustainin or o%errulin an ob+ection need not be stated. 8owe%er# if the ob+ection is based on two or &ore rounds# a rulin sustainin the ob+ection on one or so&e of the& &ust s!ecif" the round or rounds relied u!on.('. Tender of ecluded evidence.—If docu&ents or thins offered in e%idence are e$cluded b" the court# the offeror &a" ha%e the sa&e attached to or &ade !art of the record. If the e%idence e$cluded is oral# the offeror &a" state for the record the sa&e and other !ersonal
circu&stances of the witness and the substance of the !ro!osed testi&on".(n)
RULE +11
;E!,
is
&ore
than
one
(b) The facts fro& which the inferences are deri%ed are !ro%en and (c) The co&bination of all the circu&stances is such as to !roduce a con%iction be"ond reasonable doubt.() SEC. . Substantial evidence.—In cases filed before ad&inistrati%e or 9uasi6+udicial bodies# a fact &a" be dee&ed established if it is su!!orted b" substantial e%idence# or that a&ount of rele%ant e%idence which a reasonable
&ind &iht acce!t as ade9uate to +ustif" a conclusion.(n) SEC. /. $ower of the court to stop further evidence.—The court &a" sto! the introduction of further testi&on" u!on an" !articular !oint when the e%idence u!on it is alread" so full that &ore witnesses to the sa&e !oint cannot be reasonabl" e$!ected to be additionall" !ersuasi%e. *ut this !ower should be e$ercised with caution.(/) SEC. :. *vidence on motion.—2hen a &otion is based on facts not a!!earin of record the court &a" hear the &atter on affida%its or de!ositions !resented b" the res!ecti%e !arties# but the court &a" direct that the &atter be heard wholl" or !artl" on oral testi&on" or de!ositions.(:)
RULE +12+
PERPETUAT!O- OF TEST!3O-/ SECTION 1. $etition.— !erson who desires to !er!etuate his own testi&on" or that of another !erson reardin an" &atter that &a" be coni-able in an" court of the ;hili!!ines# &a" file a %erified !etition in the court of the !ro%ince of the residence of an" e$!ected ad%erse !art". SEC. . Contents of petition.2The !etition shall be entitled in the na&e of the !etitioner and shall show0 (a) that the !etitioner e$!ects to be a !art" to an action in a court of the ;hili!!ines but is !resentl" unable to brin it or cause it to be brouht (b) the sub+ect &atter of the e$!ected action and his interest therein (c) the facts which he desires to establish b" the !ro!osed testi&on" and his reasons for desirin to !er!etuate it (d) the na&es or a descri!tion of the !ersons he e$!ects will be ad%erse !arties and their addresses so far as known and (e) the na&es and addresses of the !ersons to be e$a&ined and the substance of the testi&on" which he e$!ects to elicit fro& each# and shall ask for an order authori-in the !etitioner to take the de!ositions of the !ersons to be e$a&ined na&ed in the !etition for the !ur!ose of !er!etuatin their testi&on". SEC. '. %otice and service.—The !etitioner shall thereafter ser%e a notice u!on each !erson na&ed in the !etition as an e$!ected ad%erse !art"# toether with a co!" of the !etition# statin that the !etitioner will a!!l" to the court# at a ti&e and !lace na&ed therein# for the order described in the !etition. t least twent" (>) da"s before the date of hearin the notice shall
1
