contains the full text of the
Rules of Civil Procedure
THE 1997 RULES OF
Rules 1 to 71
July 1, 1997, in accordance with the resolution in Bar Matter No. 803
by the Supreme Court in Baguio City on April 8, 1997]
[Rules 6 to 39]
Section 1. Pleadings defined.
Pleadings are the
statements of the respective claims and defenses of the parties
to the court for appropriate judgment.
Sec. 2. Pleadings allowed.
The claims of a party
asserted in a complaint, counterclaim, cross-claim, third (fourth,
party complaint, or complaint-in-intervention.
The defenses of a
alleged in the answer to the pleading asserting a claim against him.
An answer may be
to by a reply.
Sec. 3. Complaint.
The complaint is the
alleging the plaintiff's cause or causes of action. The names and
of the plaintiff and defendant must be stated in the complaint.
Sec. 4. Answer.
An answer is a
in which a defending party sets forth his defenses.
Sec. 5. Defenses.
Defenses may either be
(a) A negative
the specific denial of the material fact or facts alleged in the
of the claimant essential to his cause or causes of action.
(b) An affirmative
is an allegation of a new matter which, while hypothetically admitting
the material allegations in the pleading of the claimant, would
prevent or bar recovery by him. The affirmative defenses include fraud,
statute of limitations, release, payment, illegality, statute of
estoppel, former recovery, discharge in bankruptcy, and any other
by way of confession and avoidance.
Sec. 6. Counterclaim.
A counterclaim is any
which a defending party may have against an opposing party.
Sec. 7. Compulsory counterclaim.
is one which, being cognizable by the regular courts of justice, arises
out of or is connected with the transaction or occurrence constituting
the subject matter of the opposing party's claim and does not require
its adjudication the presence of third parties of whom the court cannot
acquire jurisdiction. Such a counterclaim must be within the
of the court both as to the amount and the nature thereof, except that
in an original action before the Regional Trial Court, the counterclaim
may be considered compulsory regardless of the amount.
Sec. 8. Cross-claim.
A cross-claim is any
by one party against a co-party arising out of the transaction or
that is the subject matter either of the original action or of a
therein. Such cross-claim may include a claim that the party against
it is asserted is or may be liable to the cross-claimant for all or
of a claim asserted in the action against the cross-claimant.
Sec. 9. Counter-counterclaims
Sec. 10. Reply.
A reply is a pleading,
office or function of which is to deny, or allege facts in denial or
of new matters alleged by way of defense in the answer and thereby join
or make issue as to such new matters. If a party does not file such
all the new matters alleged in the answer are deemed controverted.
If the plaintiff
interpose any claims arising out of the new matters so alleged, such
shall be set forth in an amended or supplemental complaint.
Sec. 11. Third, (fourth, etc.)
A third (fourth, etc.)
complaint is a claim that a defending party may, with leave of court,
against a person not a party to the action, called the third (fourth,
party defendant, for contribution, indemnity, subrogation or any other
relief, in respect of his opponent's claim.
Sec. 12. Bringing new parties.
When the presence of
other than those to the original action is required for the granting of
complete relief in the determination of a counterclaim or cross-claim,
the court shall order them to be brought in as defendants, if
over them can be obtained.
Sec. 13. Answer to third (fourth,
etc.) party complaint.
A third (fourth,
party defendant may allege in his answer his defenses, counterclaims or
cross-claims, including such defenses that the third (fourth, etc.)
plaintiff may have against the original plaintiff's claim. In proper
he may also assert a counterclaim against the original plaintiff in
of the latter's claim against the third-party plaintiff.
PARTS OF A
Section 1. Caption.
The caption sets forth
name of the court, the title of the action, and the docket number if
The title of the
the names of the parties. They shall all be named in the original
or petition; but in subsequent pleadings, it shall be sufficient if the
name of the first party on each side be stated with an appropriate
when there are other parties.
in the case shall be indicated.
Sec. 2. The body.
The body of the
sets forth its designation, the allegations of the party's claims or
the relief prayed for, and the date of the pleading.
(a) Paragraphs. -
in the body of a pleading shall be divided into paragraphs so numbered
as to be readily identified, each of which shall contain a statement of
a single set of circumstances so far as that can be done with
A paragraph may be referred to by its number in all succeeding
(b) Headings. -
or more causes of action are joined, the statement of the first shall
prefaced by the words "first cause of action," of the second by "second
cause of action," and so on for the others.
When one or more
in the answer are addressed to one of several causes of action in the
they shall be prefaced by the words "answer to the first cause of
or "answer to the second cause of action" and so on; and when one or
paragraphs of the answer are addressed to several causes of action,
shall be prefaced by words to that effect.
(c) Relief. - The
shall specify the relief sought, but it may add a general prayer for
further or other relief as may be deemed just or equitable.
(d) Date. - Every
shall be dated.
Sec. 3. Signature and address.
Every pleading must be
by the party or counsel representing him, stating in either case his
which should not be a post office box.
The signature of
constitutes a certificate by him that he has read the pleading; that to
the best of his knowledge, information, and belief there is good ground
to support it; and that it is not interposed for delay.
no legal effect. However, the court may, in its discretion, allow such
deficiency to be remedied if it shall appear that the same was due to
inadvertence and not intended for delay. Counsel who deliberately files
an unsigned pleading, or signs a pleading in violation of this Rule, or
alleges scandalous or indecent matter therein, or fails to promptly
to the court a change of his address, shall be subject to appropriate
Sec. 4. Verification.
Except when otherwise
required by law or rule, pleadings need not be under oath, verified or
accompanied by affidavit.
A pleading is
an affidavit that the affiant has read the pleading and that the
therein are true and correct of his knowledge and belief.
A pleading required
verified which contains a verification based on "information and
or upon "knowledge, information and belief," or lacks a proper
shall be treated as an unsigned pleading.
Sec. 5. Certification against
The plaintiff or
party shall certify under oath in the complaint or other initiatory
asserting a claim for relief, or in a sworn certification annexed
and simultaneously filed therewith: (a) that he has not theretofore
any action or filed any claim involving the same issues in any court,
or quasi-judicial agency and, to the best of his knowledge, no such
action or claim is pending therein; (b) if there is such other pending
action or claim, a complete statement of the present status thereof;
(c) if he should thereafter learn that the same or similar action or
has been filed or is pending, he shall report that fact within five (5)
days therefrom to the court wherein his aforesaid complaint or
pleading has been filed.
Failure to comply
foregoing requirements shall not be curable by mere amendment of the
or other initiatory pleading but shall be cause for the dismissal of
case without prejudice, unless otherwise provided, upon motion and
hearing. The submission of a false certification or non-compliance with
any of the undertakings therein shall constitute indirect contempt of
without prejudice to the corresponding administrative and criminal
If the acts of the party or his counsel clearly constitute willful and
deliberate forum shopping, the same shall be ground for summary
with prejudice and shall constitute direct contempt, as well as a cause
for administrative sanctions.
MANNER OF MAKING
Section 1. In general.
Every pleading shall
in a methodical and logical form, a plain, concise and direct statement
of the ultimate facts on which the party pleading relies for his claim
or defense, as the case may be, omitting the statement of mere
If a defense relied
based on law, the pertinent provisions thereof and their applicability
to him shall be clearly and concisely stated.
Sec. 2. Alternative causes of
action or defenses.
A party may set forth
or more statements of a claim or defense alternatively or
either in one cause of action or defense or in separate causes of
or defenses. When two or more statements are made in the alternative
one of them if made independently would be sufficient, the pleading is
not made insufficient by the insufficiency of one or more of the
Sec. 3. Conditions precedent.
In any pleading a
averment of the performance or occurrence of all conditions precedent
Sec. 4. Capacity.
Facts showing the
of a party to sue or be sued or the authority of a party to sue or be
in a representative capacity or the legal existence of an organized
of persons that is made a party, must be averred. A party desiring to
an issue as to the legal existence of any party or the capacity of any
party to sue or be sued in a representative capacity, shall do so by
denial, which shall include such supporting particulars as are
within the pleader's knowledge.
Sec. 5. Fraud, mistake, condition
of the mind.
In all averments of
or mistake, the circumstances constituting fraud or mistake must be
with particularity. Malice, intent, knowledge or other condition of the
mind of a person may be averred generally.
Sec. 6. Judgment.
In pleading a judgment
decision of a domestic or foreign court, judicial or quasi-judicial
or of a board or officer, it is sufficient to aver the judgment or
without setting forth matter showing jurisdiction to render it.
Sec. 7. Action or defense based
Whenever an action or
is based upon a written instrument or document, the substance of such
or document shall be set forth in the pleading, and the original or a
thereof shall be attached to the pleading as an exhibit, which shall be
deemed to be a part of the pleading, or said copy may with like effect
be set forth in the pleading.
Sec. 8. How to contest such
When an action or
is founded upon a written instrument, copied in or attached to the
pleading as provided in the preceding section, the genuineness and due
execution of the instrument shall be deemed admitted unless the adverse
party, under oath, specifically denies them, and sets forth what he
to be the facts; but the requirement of an oath does not apply when the
adverse party does not appear to be a party to the instrument or when
with an order for an inspection of the original instrument is refused.
Sec. 9. Official document or
In pleading an
document or official act, it is sufficient to aver that the document
issued or the act done in compliance with law.
Sec. 10. Specific denial.
A defendant must
each material allegation of fact the truth of which he does not admit
whenever practicable, shall set forth the substance of the matters upon
which he relies to support his denial. Where a defendant desires to
only a part of an averment, he shall specify so much of it as is true
material and shall deny only the remainder. Where a defendant is
knowledge or information sufficient to form a belief as to the truth of
a material averment made in the complaint, he shall so state, and this
shall have the effect of a denial.
Sec. 11. Allegations not specifically
denied deemed admitted.
Material averment in
complaint, other than those as to the amount of unliquidated damages,
be deemed admitted when not specifically denied. Allegations of usury
a complaint to recover usurious interest are deemed admitted if not
Sec. 12. Striking out of pleading
or matter contained therein.
Upon motion made by a
before responding to a pleading or, if no responsive pleading is
by these Rules, upon motion made by a party within twenty (20) days
the service of the pleading upon him, or upon the court's own
at any time, the court may order any pleading to be stricken out or
any sham or false, redundant, immaterial, impertinent, or scandalous
be stricken out therefrom.
Section 1. Defenses and objections
not pleaded either in a motion to dismiss or in the answer are deemed
However, when it appears from the pleadings or the evidence on record
the court has no jurisdiction over the subject matter, that there is
action pending between the same parties for the same cause, or that the
action is barred by a prior judgment or by statute of limitations, the
court shall dismiss the claim.
Sec. 2. Compulsory counterclaim,
or cross-claim, not set up barred.
or a cross-claim, not set up shall be barred.
Sec. 3. Default; declaration
If the defending party
to answer within the time allowed therefor, the court shall, upon
of the claiming party with notice to the defending party, and proof of
such failure, declare the defending party in default. Thereupon, the
shall proceed to render judgment granting the claimant such relief as
pleading may warrant, unless the court in its discretion requires the
to submit evidence. Such reception of evidence may be delegated to the
clerk of court.
(a) Effect of order
- A party in default shall be entitled to notice of subsequent
but not to take part in the trial.
(b) Relief from
default. - A party declared in default may at any time after notice
and before judgment file a motion under oath to set aside the order of
default upon proper showing that his failure to answer was due to
accident, mistake or excusable negligence and that he has a meritorious
defense. In such case, the order of default may be set aside on such
and conditions as the judge may impose in the interest of justice.
(c) Effect of
- When a pleading asserting a claim states a common cause of action
several defending parties, some of whom answer and the others fail to
so, the court shall try the case against all upon the answers thus
and render judgment upon the evidence presented.
(d) Extent of
relief to be
awarded. - A judgment rendered against a party in default shall not
the amount or be different in kind from that prayed for nor award
(e) Where no
- If the defending party in an action for annulment or declaration of
of marriage or for legal separation fails to answer, the court shall
the prosecuting attorney to investigate whether or not a collusion
the parties exists, and if there is no collusion, to intervene for the
State in order to see to it that the evidence submitted is not
Section 1. Amendments in
Pleadings may be
by adding or striking out an allegation or the name of any party, or by
correcting a mistake in the name of a party or a mistaken or inadequate
allegation or description in any other respect, so that the actual
of the controversy may speedily be determined, without regard to
and in the most expeditious and inexpensive manner.
Sec. 2. Amendments as a matter
A party may amend his
once as a matter of right at any time before a responsive pleading is
or, in the case of a reply, at any time within ten (l0) days after it
Sec. 3. Amendments by leave
Except as provided in
next preceding section, substantial amendments may be made only upon
of court. But such leave may be refused if it appears to the court that
the motion was made with intent to delay. Orders of the court upon the
matters provided in this section shall be made upon motion filed in
and after notice to the adverse party, and an opportunity to be heard.
Sec. 4. Formal amendments.
A defect in the
of the parties and other clearly clerical or typographical errors may
summarily corrected by the court at any stage of the action, at its
or on motion, provided no prejudice is caused thereby to the adverse
Sec. 5. Amendment to
to or authorize presentation of evidence.
When issues not raised
the pleadings are tried with the express or implied consent of the
they shall be treated in all respects as if they had been raised in the
pleadings. Such amendment of the pleadings as may be necessary to cause
them to conform to the evidence and to raise these issues may be made
motion of any party at any time, even after judgment; but failure to
does not affect the result of the trial of these issues. If evidence is
objected to at the trial on the ground that it is not within the issues
made by the pleadings, the court may allow the pleadings to be amended
and shall do so with liberality if the presentation of the merits of
action and the ends of substantial justice will be subserved thereby.
court may grant a continuance to enable the amendment to be made.
Sec. 6. Supplemental pleadings.
Upon motion of a party
court may, upon reasonable notice and upon such terms as are just,
him to serve a supplemental pleading setting forth transactions,
or events which have happened since the date of the pleading sought to
be supplemented. The adverse party may plead thereto within ten (10)
from notice of the order admitting the supplemental pleading.
Sec. 7. Filing of amended pleadings.
When any pleading is
a new copy of the entire pleading, incorporating the amendments, which
shall be indicated by appropriate marks, shall be filed.
Sec. 8. Effect of amended pleadings.
An amended pleading
the pleading that it amends. However, admissions in superseded
may be received in evidence against the pleader; and claims or defenses
alleged therein not incorporated in the amended pleading shall be
WHEN TO FILE
Section 1. Answer to the
The defendant shall
his answer to the complaint within fifteen (l5) days after service of
unless a different period is fixed by the court.
Sec. 2. Answer of a defendant
foreign private juridical entity.
Where the defendant is
foreign private juridical entity and service of summons is made on the
government official designated by law to receive the same, the answer
be filed within thirty (30) days after receipt of summons by such
Sec. 3. Answer to amended complaint.
Where the plaintiff
an amended complaint as a matter of right, the defendant shall answer
same within fifteen (l5) days after being served with a copy thereof.
Where its filing is
matter of right, the defendant shall answer the amended complaint
ten (10) days from notice of the order admitting the same. An answer
filed may serve as the answer to the amended complaint if no new answer
This Rule shall
the answer to an amended counterclaim, amended cross-claim, amended
(fourth, etc.) party complaint, and amended complaint-in-intervention.
Sec. 4. Answer to counterclaim
A counterclaim or
must be answered within ten (l0) days from service.
Sec. 5. Answer to third (fourth,
etc.)- party complaint.
The time to answer a
(fourth, etc.)- party complaint shall be governed by the same rule as
answer to the complaint.
Sec. 6. Reply.
A reply may be filed
ten (l0) days from service of the pleading responded to.
Sec. 7. Answer to supplemental
may be answered within ten (10) days from notice of the order admitting
the same, unless a different period is fixed by the court. The answer
the complaint shall serve as the answer to the supplemental complaint
no new or supplemental answer is filed.
Sec. 8. Existing counterclaim
or a cross-claim that a defending party has at the time he files his
shall be contained therein.
Sec. 9. Counterclaim or cross-claim
arising after answer.
A counterclaim or a
which either matured or was acquired by a party after serving his
may, with the permission of the court, be presented as a counterclaim
a cross-claim by supplemental pleading before judgment.
Sec. 10. Omitted counterclaim
When a pleader fails
set up a counterclaim or a cross-claim through oversight, inadvertence,
or excusable neglect, or when justice requires, he may, by leave of
set up the counterclaim or cross-claim by amendment before judgment.
Sec. 11. Extension of time to
Upon motion and on
terms as may be just, the court may extend the time to plead provided
The court may also,
like terms, allow an answer or other pleading to be filed after the
fixed by these Rules.
Section 1. When applied for;
Before responding to a
a party may move for a definite statement or for a bill of particulars
of any matter which is not averred with sufficient definiteness or
to enable him properly to prepare his responsive pleading. If the
is a reply, the motion must be filed within ten (10) days from service
thereof. Such motion shall point out the defects complained of, the
wherein they are contained, and the details desired.
Sec. 2. Action by the court.
Upon the filing of the
the clerk of court must immediately bring it to the attention of the
which may either deny or grant it outright, or allow the parties the
to be heard.
Sec. 3. Compliance with order.
If the motion is
either in whole or in part, the compliance therewith must be effected
ten (l0) days from notice of the order, unless a different period is
by the court. The bill of particulars or a more definite statement
by the court may be filed either in a separate or in an amended
serving a copy thereof on the adverse party.
Sec. 4. Effect of non-compliance.
If the order is not
or in case of insufficient compliance therewith, the court may order
striking out of the pleading or the portions thereof to which the order
was directed or make such other order as it deems just.
Sec. 5. Stay of period to file
After service of the
of particulars or of a more definite pleading, or after notice of
of his motion, the moving party may file his responsive pleading within
the period to which he was entitled at the time of filing his motion,
shall not be less than five (5) days in any event.
Sec. 6. Bill a part of pleading.
A bill of particulars
part of the pleading for which it is intended.
Section 1. Coverage.
This Rule shall govern
filing of all pleadings and other papers, as well as the service
except those for which a different mode of service is prescribed.
Sec. 2. Filing and service,
Filing is the act of
the pleading or other paper to the clerk of court.
Service is the act
a party with a copy of the pleading or paper concerned. If any party
appeared by counsel, service upon him shall be made upon his counsel or
one of them, unless service upon the party himself is ordered by the
Where one counsel appears for several parties, he shall only be
to one copy of any paper served upon him by the opposite side.
Sec. 3. Manner of filing.
The filing of
appearances, motions, notices, orders, judgments and all other papers
be made by presenting the original copies thereof, plainly indicated as
such, personally to the clerk of court or by sending them by registered
mail. In the first case, the clerk of court shall endorse on the
the date and hour of filing. In the second case, the date of the
of motions, pleadings, or any other papers or payments or deposits, as
shown by the post office stamp on the envelope or the registry receipt,
shall be considered as the date of their filing, payment, or deposit in
court. The envelope shall be attached to the record of the case.
Sec. 4. Papers required to be
filed and served.
order, pleading subsequent to the complaint, written motion, notice,
demand, offer of judgment or similar papers shall be filed with the
and served upon the parties affected.
Sec. 5. Modes of service.
Service of pleadings,
notices, orders, judgments and other papers shall be made either
or by mail.
Sec. 6. Personal service.
Service of the papers
be made by delivering personally a copy to the party or his counsel, or
by leaving it in his office with his clerk or with a person having
thereof. If no person is found in his office, or his office is not
or he has no office, then by leaving the copy, between the hours of
in the morning and six in the evening, at the party's or counsel's
if known, with a person of sufficient age and discretion then residing
Sec. 7. Service by mail.
Service by registered
shall be made by depositing the copy in the office, in a sealed
plainly addressed to the party or his counsel at his office, if known,
otherwise at his residence, if known, with postage fully pre-paid, and
with instructions to the postmaster to return the mail to the sender
ten (l0) days if undelivered. If no registry service is available in
locality of either the sender or the addressee, service may be done by
Sec. 8. Substituted service.
If service of
motions, notices, resolutions, orders and other papers cannot be made
the two preceding sections, the office and place of residence of the
or his counsel being unknown, service may be made by delivering the
to the clerk of court, with proof of failure of both personal service
service by mail. The service is complete at the time of such delivery.
Sec. 9. Service of judgments,
final orders or resolutions.
or resolutions shall be served either personally or by registered mail.
When a party summoned by publication has failed to appear in the
judgments, final orders or resolutions against him shall be served upon
him also by publication at the expense of the prevailing party.
Sec. 10. Completeness of service.
Personal service is
upon actual delivery. Service by ordinary mail is complete upon the
of ten (10) days after mailing, unless the court otherwise provides.
by registered mail is complete upon actual receipt by the addressee, or
after five (5) days from the date he received the first notice of the
whichever date is earlier.
Sec. 11. Priorities in modes
of service and filing.
service and filing of pleadings and other papers shall be done
Except with respect to papers emanating from the court, a resort to
modes must be accompanied by a written explanation why the service or
was not done personally. A violation of this Rule may be cause to
the paper as not filed.
Sec. 12. Proof of filing.
The filing of a
or paper shall be proved by its existence in the record of the case. If
it is not in the record, but is claimed to have been filed personally,
the filing shall be proved by the written or stamped acknowledgment of
its filing by the clerk of court on a copy of the same; if filed by
mail, by the registry receipt and by the affidavit of the person who
the mailing, containing a full statement of the date and place of
the mail in the post office in a sealed envelope addressed to the
with postage fully prepaid, and with instructions to the postmaster to
return the mail to the sender after ten (10) days if not delivered.
Sec. 13. Proof of service.
Proof of personal
shall consist of a written admission of the party served, or the
return of the server, or the affidavit of the party serving, containing
a full statement of the date, place and manner of service. If the
is by ordinary mail, proof thereof shall consist of an affidavit of the
person mailing of facts showing compliance with section 7 of this Rule.
If service is made by registered mail, proof shall be made by such
and the registry receipt issued by the mailing office. The registry
card shall be filed immediately upon its receipt by the sender, or in
thereof the unclaimed letter together with the certified or sworn copy
of the notice given by the postmaster to the addressee.
Sec. 14. Notice of lis pendens.
In an action affecting
title or the right of possession of real property, the plaintiff and
defendant, when affirmative relief is claimed in his answer, may record
in the office of the registry of deeds of the province in which the
is situated a notice of the pendency of the action. Said notice shall
the names of the parties and the object of the action or defense, and a
description of the property in that province affected thereby. Only
the time of filing such notice for record shall a purchaser, or
of the property affected thereby, be deemed to have constructive notice
of the pendency of the action, and only of its pendency against the
designated by their real names.
The notice of lis
hereinabove mentioned may be cancelled only upon order of the court,
proper showing that the notice is for the purpose of molesting the
party, or that it is not necessary to protect the rights of the party
caused it to be recorded.
Section 1. Clerk to issue
Upon the filing of the
and the payment of the requisite legal fees, the clerk of court shall
issue the corresponding summons to the defendants.
Sec. 2. Contents.
The summons shall be
to the defendant, signed by the clerk of court under seal, and contain:
the court and the names of the parties to the action;
A copy of the
order for appointment of guardian ad litem, if any, shall be attached
the original and each copy of the summons.
(b) a direction that
defendant answer within the time fixed by these Rules;
(c) a notice that
the defendant so answers, plaintiff will take judgment by default and
be granted the relief applied for.
Sec. 3. By whom served.
The summons may be
by the sheriff, his deputy, or other proper court officer, or for
reasons by any suitable person authorized by the court issuing the
Sec. 4. Return.
When the service has
completed, the server shall, within five (5) days therefrom, serve a
of the return, personally or by registered mail, to the plaintiff's
and shall return the summons to the clerk who issued it, accompanied by
proof of service.
Sec. 5. Issuance of alias summons.
If a summons is
without being served on any or all of the defendants, the server shall
also serve a copy of the return on the plaintiff's counsel, stating the
reasons for the failure of service, within five (5) days therefrom. In
such a case, or if the summons has been lost, the clerk, on demand of
plaintiff, may issue an alias summons.
Sec. 6. Service in person on
summons shall be served by handing a copy thereof to the defendant in
or, if he refuses to receive and sign for it, by tendering it to him.
Sec. 7. Substituted service.
If, for justifiable
the defendant cannot be served within a reasonable time as provided in
the preceding section, service may be effected (a) by leaving copies of
the summons at the defendant's residence with some person of suitable
and discretion then residing therein, or (b) by leaving the copies at
office or regular place of business with some competent person in
Sec. 8. Service upon entity
without juridical personality.
in an entity without juridical personality are sued under the name by
they are generally or commonly known, service may be effected upon all
the defendants by serving upon any one of them, or upon the person in
of the office or place of business maintained in such name. But such
shall not bind individually any person whose connection with the entity
has, upon due notice, been severed before the action was brought.
Sec. 9. Service upon prisoners.
When the defendant is
prisoner confined in a jail or institution, service shall be effected
him by the officer having the management of such jail or institution
is deemed deputized as a special sheriff for said purpose.
Sec. 10. Service upon minors
When the defendant is
minor, insane or otherwise an incompetent, service shall be made upon
personally and on his legal guardian if he has one, or if none, upon
guardian ad litem whose appointment shall be applied for by the
In the case of a minor, service may also be made on his father or
Sec. 11. Service upon domestic
private juridical entity.
When the defendant is
corporation, partnership or association organized under the laws of the
Philippines with a juridical personality, service may be made on the
managing partner, general manager, corporate secretary, treasurer, or
Sec. 12. Service upon foreign
private juridical entity.
When the defendant is
foreign private juridical entity which has transacted business in the
service may be made on its resident agent designated in accordance with
law for that purpose, or, if there be no such agent, on the government
official designated by law to that effect, or on any of its officers or
agents within the Philippines.
Sec. 13. Service upon public
When the defendant is
Republic of the Philippines, service may be effected on the Solicitor
in case of a province, city or municipality, or like public
service may be effected on its executive head, or on such other officer
or officers as the law or the court may direct.
Sec. 14. Service upon defendant
whose identity or whereabouts are unknown.
In any action where
defendant is designated as an unknown owner, or the like, or whenever
whereabouts are unknown and cannot be ascertained by diligent inquiry,
service may, by leave of court, be effected upon him by publication in
a newspaper of general circulation and in such places and for such time
as the court may order.
Sec. 15. Extraterritorial service.
When the defendant
not reside and is not found in the Philippines, and the action affects
the personal status of the plaintiff or relates to, or the subject of
is, property within the Philippines, in which the defendant has or
a lien or interest, actual or contingent, or in which the relief
consists, wholly or in part, in excluding the defendant from any
therein, or the property of the defendant has been attached within the
Philippines, service may, by leave of court, be effected out of the
by personal service as under section 6; or by publication in a
of general circulation in such places and for such time as the court
order, in which case a copy of the summons and order of the court shall
be sent by registered mail to the last known address of the defendant,
or in any other manner the court may deem sufficient. Any order
such leave shall specify a reasonable time, which shall not be less
sixty (60) days after notice, within which the defendant must answer.
Sec. 16. Residents
out of the Philippines.
When any action is
against a defendant who ordinarily resides within the Philippines, but
who is temporarily out of it, service may, by leave of court, be also
out of the Philippines, as under the preceding section.
Sec. 17. Leave of court.
Any application to the
under this Rule for leave to effect service in any manner for which
of court is necessary shall be made by motion in writing, supported by
affidavit of the plaintiff or some person on his behalf, setting forth
the grounds for the application.
Sec. 18. Proof of
The proof of service
a summons shall be made in writing by the server and shall set forth
manner, place, and date of service; shall specify any papers which have
been served with the process and the name of the person who received
same; and shall be sworn to when made by a person other than a sheriff
or his deputy.
Sec. 19. Proof of
If the service has
made by publication, service may be proved by the affidavit of the
his foreman or principal clerk, or of the editor, business or
manager, to which affidavit a copy of the publication shall be
and by an affidavit showing the deposit of a copy of the summons and
for publication in the post office, postage prepaid, directed to the
by registered mail to his last known address.
Sec. 20. Voluntary
appearance in the action shall be equivalent to service of summons. The
inclusion in a motion to dismiss of other grounds aside from lack of
over the person of the defendant shall not be deemed a voluntary
Section 1. Motion
A motion is an
for relief other than by a pleading.
Sec. 2. Motions must be
All motions shall be
writing except those made in open court or in the course of a hearing
Sec. 3. Contents.
A motion shall state
relief sought to be obtained and the grounds upon which it is based,
if required by these Rules or necessary to prove facts alleged therein,
shall be accompanied by supporting affidavits and other papers.
Sec. 4. Hearing of
Except for motions
the court may act upon without prejudicing the rights of the adverse
every written motion shall be set for hearing by the applicant.
to be heard and the notice of the hearing thereof shall be served in
a manner as to ensure its receipt by the other party at least three (3)
days before the date of hearing, unless the court for good cause sets
hearing on shorter notice.
Sec. 5. Notice of
The notice of hearing
be addressed to all parties concerned, and shall specify the time and
of the hearing which must not be later than ten (10) days after the
of the motion.
Sec. 6. Proof of service
No written motion set
hearing shall be acted upon by the court without proof of service
Sec. 7. Motion day.
Except for motions
immediate action, all motions shall be scheduled for hearing on Friday
afternoons, or if Friday is a non-working day, in the afternoon of the
next working day.
Sec. 8. Omnibus motion.
Subject to the
of section 1 of Rule 9, a motion attacking a pleading, order, judgment,
or proceeding shall include all objections then available, and all
not so included shall be deemed waived.
Sec. 9. Motion for leave.
A motion for leave to
a pleading or motion shall be accompanied by the pleading or motion
to be admitted.
Sec. 10. Form.
The Rules applicable
pleadings shall apply to written motions so far as concerns caption,
signature, and other matters of form.
MOTION TO DISMISS
Section 1. Grounds.
Within the time for
before filing the answer to the complaint or pleading asserting a
a motion to dismiss may be made on any of the following grounds:
has no jurisdiction over the person of the defending party;
(b) That the
court has no
jurisdiction over the subject matter of the claim;
(c) That venue is
(d) That the
no legal capacity to sue;
(e) That there is
action pending between the same parties for the same cause;
(f) That the
cause of action
is barred by a prior judgment or by the statute of limitations;
(g) That the
the claim states no cause of action;
(h) That the
claim or demand
set forth in the plaintiff's pleading has been paid, waived, abandoned,
or otherwise extinguished;
(i) That the
claim on which
the action is founded is unenforceable under the provisions of the
of frauds; and
(j) That a
for filing the claim has not been complied with.
Sec. 2. Hearing of motion.
At the hearing of the
the parties shall submit their arguments on the questions of law and
evidence on the questions of fact involved except those not available
that time. Should the case go to trial, the evidence presented during
hearing shall automatically be part of the evidence of the party
Sec. 3. Resolution of
After the hearing, the
may dismiss the action or claim, deny the motion, or order the
of the pleading.
The court shall not
the resolution of the motion for the reason that the ground relied upon
is not indubitable.
In every case, the
shall state clearly and distinctly the reasons therefor.
Sec. 4. Time to plead.
If the motion is
the movant shall file his answer within the balance of the period
by Rule 11 to which he was entitled at the time of serving his motion,
but not less than five (5) days in any event, computed from his receipt
of the notice of the denial. If the pleading is ordered to be amended,
he shall file his answer within the period prescribed by Rule 11
from service of the amended pleading, unless the court provides a
Sec. 5. Effect of
Subject to the right
appeal, an order granting a motion to dismiss based on paragraphs (f),
(h) and (i) of section 1 hereof shall bar the refiling of the same
Sec. 6. Pleading grounds
as affirmative defenses.
If no motion to
has been filed, any of the grounds for dismissal provided for in this
may be pleaded as an affirmative defense in the answer and, in the
of the court, a preliminary hearing may be had thereon as if a motion
dismiss had been filed.
The dismissal of
under this section shall be without prejudice to the prosecution in the
same or separate action of a counterclaim pleaded in the answer.
Section 1. Dismissal
A complaint may be
by the plaintiff by filing a notice of dismissal at any time before
of the answer or of a motion for summary judgment. Upon such notice
filed, the court shall issue an order confirming the dismissal. Unless
otherwise stated in the notice, the dismissal is without prejudice,
that a notice operates as an adjudication upon the merits when filed by
a plaintiff who has once dismissed in a competent court an action based
on or including the same claim.
Sec. 2. Dismissal upon
Except as provided in
preceding section, a complaint shall not be dismissed at the
instance save upon approval of the court and upon such terms and
as the court deems proper. If a counterclaim has been pleaded by a
prior to the service upon him of the plaintiff's motion for dismissal,
the dismissal shall be limited to the complaint. The dismissal shall be
without prejudice to the right of the defendant to prosecute his
in a separate action unless within fifteen (15) days from notice of the
motion he manifests his preference to have his counterclaim resolved in
the same action. Unless otherwise specified in the order, a dismissal
this paragraph shall be without prejudice. A class suit shall not be
or compromised without the approval of the court.
Sec. 3. Dismissal due to
fault of plaintiff.
If, for no justifiable
the plaintiff fails to appear on the date of the presentation of his
in chief on the complaint, or to prosecute his action for an
length of time, or to comply with these Rules or any order of the
the complaint may be dismissed upon motion of the defendant or upon the
court's own motion, without prejudice to the right of the defendant to
prosecute his counterclaim in the same or in a separate action. This
shall have the effect of an adjudication upon the merits, unless
declared by the court.
Sec. 4. Dismissal of
cross-claim, or third-party complaint.
The provisions of this
shall apply to the dismissal of any counterclaim, cross-claim, or
complaint. A voluntary dismissal by the claimant by notice as in
1 of this Rule, shall be made before a responsive pleading or a motion
for summary judgment is served or, if there is none, before the
of evidence at the trial or hearing.
Section 1. When
After the last
has been served and filed, it shall be the duty of the plaintiff to
move ex parte that the case be set for pre-trial.
Sec. 2. Nature and
The pre-trial is
The court shall consider:
of an amicable settlement or of a submission to alternative modes of
(c) The necessity
of amendments to the pleadings;
possibility of obtaining
stipulations or admissions of facts and of documents to avoid
limitation of the
number of witnesses;
advisability of a
preliminary reference of issues to a commissioner;
(g) The propriety
judgment on the pleadings, or summary judgment, or of dismissing the
should a valid ground therefor be found to exist;
advisability or necessity
of suspending the proceedings; and
(i) Such other
may aid in the prompt disposition of the action.
Sec. 3. Notice of pre-trial.
The notice of
shall be served on counsel, or on the party who has no counsel. The
served with such notice is charged with the duty of notifying the party
represented by him.
Sec. 4. Appearance of
It shall be the duty
the parties and their counsel to appear at the pre-trial. The
of a party may be excused only if a valid cause is shown therefor or if
a representative shall appear in his behalf fully authorized in writing
to enter into an amicable settlement, to submit to alternative modes of
dispute resolution, and to enter into stipulations or admissions of
and of documents.
Sec. 5. Effect of
The failure of the
to appear when so required pursuant to the next preceding section shall
be cause for dismissal of the action. The dismissal shall be with
unless otherwise ordered by the court. A similar failure on the part of
the defendant shall be cause to allow the plaintiff to present his
ex parte and the court to render judgment on the basis thereof.
Sec. 6. Pre-trial brief.
The parties shall file
the court and serve on the adverse party, in such manner as shall
their receipt thereof at least three (3) days before the date of the
their respective pre-trial briefs which shall contain, among others:
of their willingness to enter into amicable settlement or alternative
of dispute resolution, indicating the desired terms thereof;
Failure to file the
brief shall have the same effect as failure to appear at the pre-trial.
(b) A summary of
facts and proposed stipulation of facts;
(c) The issues to
(d) The documents
to be presented, stating the purpose thereof;
manifestation of their
having availed or their intention to avail themselves of discovery
or referral to commissioners; and
(f) The number
of the witnesses, and the substance of their respective testimonies.
Sec. 7. Record of
The proceedings in the
shall be recorded. Upon the termination thereof, the court shall issue
an order which shall recite in detail the matters taken up in the
the action taken thereon, the amendments allowed to the pleadings, and
the agreements or admissions made by the parties as to any of the
considered. Should the action proceed to trial, the order shall
define and limit the issues to be tried. The contents of the order
control the subsequent course of the action, unless modified before
to prevent manifest injustice.
Section 1. Who may
A person who has a
interest in the matter in litigation, or in the success of either of
parties, or an interest against both, or is so situated as to be
affected by a distribution or other disposition of property in the
of the court or of an officer thereof may, with leave of court, be
to intervene in the action. The court shall consider whether or not the
intervention will unduly delay or prejudice the adjudication of the
of the original parties, and whether or not the intervenor's rights may
be fully protected in a separate proceeding.
Sec. 2. Time to
The motion to
may be filed at any time before rendition of judgment by the trial
A copy of the pleading-in-intervention shall be attached to the motion
and served on the original parties.
The intervenor shall
a complaint-in-intervention if he asserts a claim against either or all
of the original parties, or an answer-in-intervention if he unites with
the defending party in resisting a claim against the latter.
Sec. 4. Answer to
The answer to the
-intervention shall be filed within fifteen (15) days from notice of
order admitting the same, unless a different period is fixed by the
CALENDAR OF CASES
Section 1. Calendar of
The clerk of court,
the direct supervision of the judge, shall keep a calendar of cases for
pre-trial, for trial, those whose trials were adjourned or postponed,
those with motions to set for hearing. Preference shall be given to
corpus cases, election cases, special civil actions, and those so
Sec. 2. Assignment of
The assignment of
to the different branches of a court shall be done exclusively by
The assignment shall be done in open session of which adequate notice
be given so as to afford interested parties the opportunity to be
Section 1. Subpoena and
Subpoena is a process
to a person requiring him to attend and to testify at the hearing or
trial of an action, or at any investigation conducted by competent
or for the taking of his deposition. It may also require him to bring
him any books, documents, or other things under his control, in which
it is called a subpoena duces tecum.
Sec. 2. By whom issued.
The subpoena may be
whom the witness is required to attend;
When application for a
to a prisoner is made, the judge or officer shall examine and study
such application to determine whether the same is made for a valid
b) the court of
where the deposition is to be taken;
c) the officer or
by law to do so in connection with investigations conducted by said
or body; or
d) any Justice of
Court or of the Court of Appeals in any case or investigation pending
death, reclusion perpetua or life imprisonment and who is confined in
penal institution shall be brought outside the said penal institution
appearance or attendance in any court unless authorized by the Supreme
Sec. 3. Form and
A subpoena shall state
name of the court and the title of the action or investigation, shall
directed to the person whose attendance is required, and in the case of
a subpoena duces tecum, it shall also contain a reasonable description
of the books, documents or things demanded which must appear to the
prima facie relevant.
Sec. 4. Quashing a
The court may quash a
duces tecum upon motion promptly made and, in any event, at or before
time specified therein if it is unreasonable and oppressive, or the
of the books, documents or things does not appear, or if the person in
whose behalf the subpoena is issued fails to advance the reasonable
of the production thereof.
The court may quash
ad testificandum on the ground that the witness is not bound thereby.
either case, the subpoena may be quashed on the ground that the witness
fees and kilometrage allowed by these Rules were not tendered when the
subpoena was served.
Sec. 5. Subpoena for
Proof of service of a
to take a deposition, as provided in sections 15 and 25 of Rule 23,
constitute sufficient authorization for the issuance of subpoenas for
persons named in said notice by the clerk of the court of the place in
which the deposition is to be taken. The clerk shall not, however,
a subpoena duces tecum to any such person without an order of the court.
Sec. 6. Service.
Service of a subpoena
be made in the same manner as personal or substituted service of
The original shall be exhibited and a copy thereof delivered to the
on whom it is served, tendering to him the fees for one day’s
and the kilometrage allowed by these Rules, except that, when a
is issued by or on behalf of the Republic of the Philippines or an
or agency thereof, the tender need not be made. The service must be
so as to allow the witness a reasonable time for preparation and travel
to the place of attendance. If the subpoena is duces tecum, the
cost of producing the books, documents or things demanded shall also be
Sec. 7. Personal
A person present in
before a judicial officer may be required to testify as if he were in
upon a subpoena issued by such court or officer.
Sec. 8. Compelling
In case of failure of
witness to attend, the court or judge issuing the subpoena, upon proof
of the service thereof and of the failure of the witness, may issue a
to the sheriff of the province, or his deputy, to arrest the witness
bring him before the court or officer where his attendance is required,
and the cost of such warrant and seizure of such witness shall be paid
by the witness if the court issuing it shall determine that his failure
to answer the subpoena was willful and without just excuse.
Sec. 9. Contempt.
Failure by any person
adequate cause to obey a subpoena served upon him shall be deemed a
of the court from which the subpoena is issued. If the subpoena was not
issued by a court, the disobedience thereto shall be punished in
with the applicable law or Rule.
Sec. 10. Exceptions.
The provisions of
8 and 9 of this Rule shall not apply to a witness who resides more than
one hundred (100) kilometers from his residence to the place where he
to testify by the ordinary course of travel, or to a detention prisoner
if no permission of the court in which his case is pending was obtained.
Section 1. How to
In computing any
of time prescribed or allowed by these Rules, or by order of the court,
or by any applicable statute, the day of the act or event from which
designated period of time begins to run is to be excluded and the date
of performance included. If the last day of the period, as thus
falls on a Saturday, a Sunday, or a legal holiday in the place where
court sits, the time shall not run until the next working day.
Sec. 2. Effect of
Section 1. Depositions
action, when may be taken.
By leave of court
jurisdiction has been obtained over any defendant or over property
is the subject of the action, or without such leave after an answer has
been served, the testimony of any person, whether a party or not, may
taken, at the instance of any party, by deposition upon oral
or written interrogatories. The attendance of witnesses may be
by the use of a subpoena as provided in Rule 21. Depositions shall be
only in accordance with these Rules. The deposition of a person
in prison may be taken only by leave of court on such terms as the
Sec. 2. Scope of
by the court as provided by section 16 or 18 of this Rule, the deponent
may be examined regarding any matter, not privileged, which is relevant
to the subject of the pending action, whether relating to the claim or
defense of any other party, including the existence, description,
custody, condition, and location of any books, documents, or other
things and the identity and location of persons having knowledge of
Sec. 3. Examination and
of deponents may proceed as permitted at the trial under sections 3 to
18 of Rule 132.
Sec. 4. Use of
At the trial or upon
hearing of a motion or an interlocutory proceeding, any part or all of
a deposition, so far as admissible under the rules of evidence, may be
used against any party who was present or represented at the taking of
the deposition or who had due notice thereof, in accordance with any
of the following provisions:
may be used by any party for the purpose of contradicting or impeaching
the testimony of deponent as a witness;
deposition of a party
or of any one who at the time of taking the deposition was an officer,
director, or managing agent of a public or private corporation,
or association which is a party may be used by an adverse party for any
deposition of a witness,
whether or not a party, may be used by any party for any purpose if the
court finds: (1) that the witness is dead; or (2) that the witness
at a distance more than one hundred (100) kilometers from the place of
trial or hearing, or is out of the Philippines, unless it appears that
his absence was procured by the party offering the deposition; or (3)
the witness is unable to attend or testify because of age, sickness,
or imprisonment; or (4) that the party offering the deposition has been
unable to procure the attendance of the witness by subpoena; or (5)
application and notice, that such exceptional circumstances exist as to
make it desirable, in the interest of justice and with due regard to
importance of presenting the testimony of witnesses orally in open
to allow the deposition to be used; and
(d) If only part
of a deposition
is offered in evidence by a party, the adverse party may require him to
introduce all of it which is relevant to the part introduced, and any
may introduce any other parts.
Sec. 5. Effect of substitution
does not affect the right to use depositions previously taken; and,
an action has been dismissed and another action involving the same
is afterward brought between the same parties or their representatives
or successors in interest, all depositions lawfully taken and duly
in the former action may be used in the latter as if originally taken
Sec. 6. Objections to
Subject to the
of section 29 of this Rule, objection may be made at the trial or
to receiving in evidence any deposition or part thereof for any reason
which would require the exclusion of the evidence if the witness were
present and testifying.
Sec. 7. Effect of taking
A party shall not be
to make a person his own witness for any purpose by taking his
Sec. 8. Effect of using
The introduction in
of the deposition or any part thereof for any purpose other than that
contradicting or impeaching the deponent makes the deponent the witness
of the party introducing the deposition, but this shall not apply to
use by an adverse party of a deposition as described in paragraph (b)
section 4 of this Rule.
Sec. 9. Rebutting
At the trial or
any party may rebut any relevant evidence contained in a deposition
introduced by him or by any other party.
Sec. 10. Persons before
whom depositions may be taken within the Philippines.
depositions may be taken before any judge, notary public, or the person
referred to in section 14 hereof.
Sec. 11. Persons before
whom depositions may be taken in foreign countries.
In a foreign state or
depositions may be taken (a) on notice before a secretary of embassy or
legation, consul general, consul, vice-consul, or consular agent of the
Republic of the Philippines; (b) before such person or officer as may
appointed by commission or under letters rogatory; or (c) the person
to in section 14 hereof.
Sec. 12. Commission or
A commission or
rogatory shall be issued only when necessary or convenient, on
and notice, and on such terms and with such direction as are just and
Officers may be designated in notices or commissions either by name or
descriptive title and letters rogatory may be addressed to the
judicial authority in the foreign country.
No deposition shall be
before a person who is a relative within the sixth degree of
or affinity, or employee or counsel of any of the parties; or who is a
relative within the same degree, or employee of such counsel; or who is
financially interested in the action.
Sec. 14. Stipulations
taking of depositions.
If the parties so
in writing, depositions may be taken before any person authorized to
oaths, at any time or place, in accordance with these Rules, and when
taken may be used like other depositions.
Sec. 15. Deposition upon
oral examination; notice; time and place.
A party desiring to
the deposition of any person upon oral examination shall give
notice in writing to every other party to the action. The notice shall
state the time and place for taking the deposition and the name and
of each person to be examined, if known, and if the name is not known,
a general description sufficient to identify him or the particular
or group to which he belongs. On motion of any party upon whom the
is served, the court may for cause shown enlarge or shorten the time.
Sec. 16. Orders for the
protection of parties and deponents.
After notice is served
taking a deposition by oral examination, upon motion seasonably made by
any party or by the person to be examined and for good cause shown, the
court in which the action is pending may make an order that the
shall not be taken, or that it may be taken only at some designated
other than that stated in the notice, or that it may be taken only on
interrogatories, or that certain matters shall not be inquired into, or
that the scope of the examination shall be held with no one present
the parties to the action and their officers or counsel, or that after
being sealed the deposition shall be opened only by order of the court,
or that secret processes, developments, or research need not be
or that the parties shall simultaneously file specified documents or
enclosed in sealed envelopes to be opened as directed by the court; or
the court may make any other order which justice requires to protect
party or witness from annoyance, embarrassment, or oppression.
Sec. 17. Record of
The officer before
the deposition is to be taken shall put the witness on oath and shall
or by some one acting under his direction and in his presence, record
testimony of the witness. The testimony shall be taken stenographically
unless the parties agree otherwise. All objections made at the time of
the examination to the qualifications of the officer taking the
or to the manner of taking it, or to the evidence presented, or to the
conduct of any party, and any other objection to the proceedings, shall
be noted by the officer upon the deposition. Evidence objected to shall
be taken subject to the objections. In lieu of participating in the
examination, parties served with notice of taking a deposition may
written interrogatories to the officers, who shall propound them to the
witness and record the answers verbatim.
Sec. 18. Motion to
or limit examination.
At any time during the
of the deposition, on motion or petition of any party or of the
and upon a showing that the examination is being conducted in bad faith
or in such manner as unreasonably to annoy, embarrass, or oppress the
or party, the court in which the action is pending or the Regional
Court of the place where the deposition is being taken may order the
conducting the examination to cease forthwith from taking the
or may limit the scope and manner of the taking of the deposition, as
in section 16 of this Rule. If the order made terminates the
it shall be resumed thereafter only upon the order of the court in
the action is pending. Upon demand of the objecting party or deponent,
the taking of the deposition shall be suspended for the time necessary
to make a notice for an order. In granting or refusing such order, the
court may impose upon either party or upon the witness the requirement
to pay such costs or expenses as the court may deem reasonable.
Sec. 19. Submission to
When the testimony is
transcribed, the deposition shall be submitted to the witness for
and shall be read to or by him, unless such examination and reading are
waived by the witness and by the parties. Any changes in form or
which the witness desires to make shall be entered upon the deposition
by the officer with a statement of the reasons given by the witness for
making them. The deposition shall then be signed by the witness, unless
the parties by stipulation waive the signing or the witness is ill or
be found or refuses to sign. If the deposition is not signed by the
the officer shall sign it and state on the record the fact of the
or of the illness or absence of the witness or the fact of the refusal
to sign together with the reason given therefor, if any, and the
may then be used as fully as though signed, unless on a motion to
under section 29 (f) of this Rule, the court holds that the reasons
for the refusal to sign require rejection of the deposition in whole or
Sec. 20. Certification
filing by officer.
The officer shall
on the deposition that the witness was duly sworn to by him and that
deposition is a true record of the testimony given by the witness. He
then securely seal the deposition in an envelope indorsed with the
of the action and marked "Deposition of (here insert the name of
and shall promptly file it with the court in which the action is
or send it by registered mail to the clerk thereof for filing.
Sec. 21. Notice of
The officer taking the
shall give prompt notice of its filing to all the parties.
Sec. 22. Furnishing
Upon payment of
charges therefor, the officer shall furnish a copy of the deposition to
any party or to the deponent.
Sec. 23. Failure to
of party giving notice.
If the party giving
notice of the taking of a deposition fails to attend and proceed
and another attends in person or by counsel pursuant to the notice, the
court may order the party giving the notice to pay such other party the
amount of the reasonable expenses incurred by him and his counsel in so
attending, including reasonable attorney’s fees.
Sec. 24. Failure of
giving notice to serve subpoena.
If the party giving
notice of the taking of a deposition of a witness fails to serve a
upon him and the witness because of such failure does not attend, and
another party attends in person or by counsel because he expects the
of that witness to be taken, the court may order the party giving the
to pay to such other party the amount of the reasonable expenses
by him and his counsel in so attending, including reasonable attorney’s
Sec. 25. Deposition upon
written interrogatories; service of notice and of interrogatories.
A party desiring to
the deposition of any person upon written interrogatories shall serve
upon every other party with a notice stating the name and address of
person who is to answer them and the name or descriptive title and
of the officer before whom the deposition is to be taken. Within ten
days thereafter, a party so served may serve cross-interrogatories upon
the party proposing to take the deposition. Within five (5) days
the latter may serve re-direct interrogatories upon a party who has
cross- interrogatories. Within three (3) days after being served with
interrogatories, a party may serve recross-interrogatories upon the
proposing to take the deposition.
Sec. 26. Officers to
responses and prepare record.
A copy of the notice
copies of all interrogatories served shall be delivered by the party
the deposition to the officer designated in the notice, who shall
promptly, in the manner provided by sections 17, 19 and 20 of this
to take the testimony of the witness in response to the interrogatories
and to prepare, certify, and file or mail the deposition, attaching
the copy of the notice and the interrogatories received by him.
Sec. 27. Notice of
and furnishing copies.
When a deposition upon
is filed, the officer taking it shall promptly give notice thereof to
the parties, and may furnish copies to them or to the deponent upon
of reasonable charges therefor.
Sec. 28. Orders for the
protection of parties and deponents.
After the service of
interrogatories and prior to the taking of the testimony of the
the court in which the action is pending, on motion promptly made by a
party or a deponent, and for good cause shown, may make any order
in sections 15, 16 and 18 of this Rule which is appropriate and just or
an order that the deposition shall not be taken before the officer
in the notice or that it shall not be taken except upon oral
Sec. 29. Effects of
and irregularities in depositions.
(a) As to notice.- All
and irregularities in the notice for taking a deposition are waived
written objection is promptly served upon the party giving the notice.
(b) As to
of officer.- Objection to taking a deposition because of
of the officer before whom it is to be taken is waived unless made
the taking of the deposition begins or as soon thereafter as the
becomes known or could be discovered with reasonable diligence.
(c) As to
competency or relevancy
of evidence.- Objections to the competency of a witness or the
relevancy, or materiality of testimony are not waived by failure to
them before or during the taking of the deposition, unless the ground
the objection is one which might have been obviated or removed if
at that time.
(d) As to oral
and other particulars.- Errors and irregularities occurring at the oral
examination in the manner of taking the deposition, in the form of the
questions or answers, in the oath or affirmation, or in the conduct of
the parties and errors of any kind which might be obviated, removed, or
cured if promptly prosecuted, are waived unless reasonable objection
is made at the taking of the deposition.
(e) As to form of
interrogatories.- Objections to the form of written interrogatories
under sections 25 and 26 of this Rule are waived unless served in
upon the party propounding them within the time allowed for serving
cross or other interrogatories and within three (3) days after service
of the last interrogatories authorized.
(f) As to manner of
Errors and irregularities in the manner in which the testimony is
or the deposition is prepared, signed, certified, sealed, indorsed,
filed, or otherwise dealt with by the officer under sections 17, 19, 20
and 26 of this Rule are waived unless a motion to suppress the
or some part thereof is made with reasonable promptness after such
is, or with due diligence might have been, ascertained.
OR PENDING APPEAL.
Section 1. Depositions
A person who desires
perpetuate his own testimony or that of another person regarding any
that may be cognizable in any court of the Philippines, may file a
petition in the court of the place of the residence of any expected
Sec. 2. Contents of
The petition shall be
in the name of the petitioner and shall show: (a) that the petitioner
to be a party to an action in a court of the Philippines but is
unable to bring it or cause it to be brought; (b) the subject matter of
the expected action and his interest therein; (c) the facts which he
to establish by the proposed testimony and his reasons for desiring to
perpetuate it; (d) the names or a description of the persons he expects
will be adverse parties and their addresses so far as known; and (e)
names and addresses of the persons to be examined and the substance of
the testimony which he expects to elicit from each, and shall ask for
order authorizing the petitioner to take the depositions of the persons
to be examined named in the petition for the purpose of perpetuating
Sec. 3. Notice and
The petitioner shall
a notice upon each person named in the petition as an expected adverse
party, together with a copy of the petition, stating that the
will apply to the court, at a time and place named therein, for the
described in the petition. At least twenty (20) days before the date of
the hearing, the court shall cause notice thereof to be served on the
and prospective deponents in the manner provided for service of summons.
Sec. 4. Order and
If the court is
that the perpetuation of the testimony may prevent a failure or delay
justice, it shall make an order designating or describing the persons
deposition may be taken and specifying the subject matter of the
and whether the depositions shall be taken upon oral examination or
interrogatories. The depositions may then be taken in accordance with
23 before the hearing.
Sec. 5. Reference to
For the purpose of
Rule 23 to depositions for perpetuating testimony, each reference
to the court in which the action is pending shall be deemed to refer to
the court in which the petition for such deposition was filed.
Sec. 6. Use of
If a deposition to
testimony is taken under this Rule, or if, although not so taken, it
be admissible in evidence, it may be used in any action involving the
subject matter subsequently brought in accordance with the provisions
sections 4 and 5 of Rule 23.
Sec. 7. Depositions
If an appeal has been
from a judgment of a court, including the Court of Appeals in proper
or before the taking of an appeal if the time therefor has not expired,
the court in which the judgment was rendered may allow the taking of
of witnesses to perpetuate their testimony for use in the event of
proceedings in the said court. In such case the party who desires to
the testimony may make a motion in the said court for leave to take the
depositions, upon the same notice and service thereof as if the action
was pending therein. The motion shall state (a) the names and addresses
of the persons to be examined and the substance of the testimony which
he expects to elicit from each; and (b) the reason for perpetuating
testimony. If the court finds that the perpetuation of the testimony is
proper to avoid a failure or delay of justice, it may make an order
the depositions to be taken, and thereupon the depositions may be taken
and used in the same manner and under the same conditions as are
in these Rules for depositions taken in pending actions.
parties; service thereof.
Under the same
specified in section 1 of Rule 23, any party desiring to elicit
and relevant facts from any adverse parties shall file and serve upon
latter written interrogatories to be answered by the party served or,
the party served is a public or private corporation or a partnership or
association, by any officer thereof competent to testify in its behalf.
Sec. 2. Answer to
be answered fully in writing and shall be signed and sworn to by the
making them. The party upon whom the interrogatories have been served
file and serve a copy of the answers on the party submitting the
within fifteen (15) days after service thereof, unless the court, on
and for good cause shown, extends or shortens the time.
Sec. 3. Objections to
Objections to any
may be presented to the court within ten (10) days after service
with notice as in case of a motion; and answers shall be deferred until
the objections are resolved, which shall be at as early a time as is
Sec. 4. Number of
No party may, without
of court, serve more than one set of interrogatories to be answered by
the same party.
Sec. 5. Scope and use of
to any matters that can be inquired into under section 2 of Rule 23,
the answers may be used for the same purposes provided in section 4 of
the same Rule.
Sec. 6. Effect of
to serve written interrogatories.
by the court for good cause shown and to prevent a failure of justice,
a party not served with written interrogatories may not be compelled by
the adverse party to give testimony in open court, or to give a
Section 1. Request for
At any time after
have been joined, a party may file and serve upon any other party a
request for the admission by the latter of the genuineness of any
and relevant document described in and exhibited with the request or of
the truth of any material and relevant matter of fact set forth in the
request. Copies of the documents shall be delivered with the request
copies have already been furnished.
Sec. 2. Implied
Each of the matters of
an admission is requested shall be deemed admitted unless, within a
designated in the request, which shall not be less than fifteen (15)
after service thereof, or within such further time as the court may
on motion, the party to whom the request is directed files and serves
the party requesting the admission a sworn statement either denying
the matters of which an admission is requested or setting forth in
the reasons why he cannot truthfully either admit or deny those matters.
Objections to any
for admission shall be submitted to the court by the party requested
the period for and prior to the filing of his sworn statement as
in the preceding paragraph and his compliance therewith shall be
until such objections are resolved, which resolution shall be made as
Sec. 3. Effect of
Any admission made by
party pursuant to such request is for the purpose of the pending action
only and shall not constitute an admission by him for any other purpose
nor may the same be used against him in any other proceeding.
Sec. 4. Withdrawal.
The court may allow
party making an admission under this Rule, whether express or implied,
to withdraw or amend it upon such terms as may be just.
Sec. 5. Effect of
to file and serve request for admission.
by the court for good cause shown and to prevent a failure of justice,
a party who fails to file and serve a request for admission on the
party of material and relevant facts at issue which are, or ought to
within the personal knowledge of the latter, shall not be permitted to
present evidence on such facts.
OF DOCUMENTS OR THINGS
Section 1. Motion for
or inspection; order.
Upon motion of any
showing good cause therefor, the court in which an action is pending
(a) order any party to produce and permit the inspection and copying or
photographing, by or on behalf of the moving party, of any designated
papers, books, accounts, letters, photographs, objects or tangible
not privileged, which constitute or contain evidence material to any
involved in the action and which are in his possession, custody or
or (b) order any party to permit entry upon designated land or other
in his possession or control for the purpose of inspecting, measuring,
surveying, or photographing the property or any designated relevant
or operation thereon. The order shall specify the time, place and
of making the inspection and taking copies and photographs, and may
such terms and conditions as are just.
EXAMINATION OF PERSONS
Section 1. When
may be ordered.
In an action in which
mental or physical condition of a party is in controversy, the court in
which the action is pending may in its discretion order him to submit
a physical or mental examination by a physician.
Sec. 2. Order for
The order for
may be made only on motion for good cause shown and upon notice to the
party to be examined and to all other parties, and shall specify the
place, manner, conditions and scope of the examination and the person
persons by whom it is to be made.
Sec. 3. Report of
If requested by the
examined, the party causing the examination to be made shall deliver to
him a copy of a detailed written report of the examining physician
out his findings and conclusions. After such request and delivery, the
party causing the examination to be made shall be entitled upon request
to receive from the party examined a like report of any examination,
or thereafter made, of the same mental or physical condition. If the
examined refuses to deliver such report, the court on motion and notice
may make an order requiring delivery on such terms as are just, and if
a physician fails or refuses to make such a report the court may
his testimony if offered at the trial.
Sec. 4. Waiver of
By requesting and
a report of the examination so ordered or by taking the deposition of
examiner, the party examined waives any privilege he may have in that
or any other involving the same controversy, regarding the testimony of
every other person who has examined or may thereafter examine him in
of the same mental or physical examination.
MODES OF DISCOVERY
Section 1. Refusal to
If a party or other
refuses to answer any question upon oral examination, the examination
be completed on other matters or adjourned as the proponent of the
may prefer. The proponent may thereafter apply to the proper court of
place where the deposition is being taken, for an order to compel an
The same procedure may be availed of when a party or a witness refuses
to answer any interrogatory submitted under Rules 23 or 25.
If the application
the court shall require the refusing party or deponent to answer the
or interrogatory and if it also finds that the refusal to answer was
substantial justification, it may require the refusing party or
or the counsel advising the refusal, or both of them, to pay the
the amount of the reasonable expenses incurred in obtaining the order,
including attorney’s fees.
If the application
and the court finds that it was filed without substantial
the court may require the proponent or the counsel advising the filing
of the application, or both of them, to pay to the refusing party or
the amount of the reasonable expenses incurred in opposing the
including attorney’s fees.
Sec. 2. Contempt of
If a party or other
refuses to be sworn or refuses to answer any question after being
to do so by the court of the place in which the deposition is being
the refusal may be considered a contempt of that court.
Sec. 3. Other
If any party or an
or managing agent of a party refuses to obey an order made under
1 of this Rule requiring him to answer designated questions, or an
under Rule 27 to produce any document or other thing for inspection,
or photographing or to permit it to be done, or to permit entry upon
or other property, or an order made under Rule 28 requiring him to
to a physical or mental examination, the court may make such orders in
regard to the refusal as are just, and among others the following:
the matters regarding which the questions were asked, or the character
or description of the thing or land, or the contents of the paper, or
physical or mental condition of the party, or any other designated
shall be taken to be established for the purposes of the action in
with the claim of the party obtaining the order;
(b) An order
allow the disobedient party to support or oppose designated claims or
or prohibiting him from introducing in evidence designated documents or
things or items of testimony, or from introducing evidence of physical
or mental condition;
(c) An order
pleadings or parts thereof, or staying further proceedings until the
is obeyed, or dismissing the action or proceeding or any part thereof,
or rendering a judgment by default against the disobedient party; and
(d) In lieu of
any of the
foregoing orders or in addition thereto, an order directing the arrest
of any party or agent of a party for disobeying any of such orders
an order to submit to a physical or mental examination.
Sec. 4. Expenses on refusal
If a party after being
with a request under Rule 26 to admit the genuineness of any document
the truth of any matter of fact, serves a sworn denial thereof and if
party requesting the admissions thereafter proves the genuineness of
document or the truth of any such matter of fact, he may apply to the
for an order requiring the other party to pay him the reasonable
incurred in making such proof, including attorney’s fees. Unless the
finds that there were good reasons for the denial or that admissions
were of no substantial importance, such order shall be issued.
Sec. 5. Failure of party
to attend or serve answers.
If a party or an
or managing agent of a party wilfully fails to appear before the
who is to take his deposition, after being served with a proper notice,
or fails to serve answers to interrogatories submitted under Rule 25
proper service of such interrogatories, the court on motion and notice,
may strike out all or any part of any pleading of that party, or
the action or proceeding or any part thereof, or enter a judgment by
against that party, and in its discretion, order him to pay reasonable
expenses incurred by the other, including attorney’s fees.
Sec. 6. Expenses against
the Republic of the Philippines.
fees are not to be imposed upon the Republic of the Philippines under
Section 1. Notice of
Upon entry of a case
the trial calendar, the clerk shall notify the parties of the date of
trial in such manner as shall ensure his receipt of that notice at
five (5) days before such date.
Sec. 2. Adjournments and
A court may adjourn a
from day to day, and to any stated time, as the expeditious and
transaction of business may require, but shall have no power to adjourn
a trial for a longer period than one month for each adjournment, nor
than three months in all, except when authorized in writing by the
Administrator, Supreme Court.
Sec. 3. Requisites of
to postpone trial for absence of evidence.
A motion to postpone a
on the ground of absence of evidence can be granted only upon affidavit
showing the materiality or relevancy of such evidence, and that due
has been used to procure it. But if the adverse party admits the facts
to be given in evidence, even if he objects or reserves the right to
admissibility, the trial shall not be postponed.
Sec. 4. Requisites of
to postpone trial for illness of party or counsel.
A motion to postpone a
on the ground of illness of a party or counsel may be granted if it
upon affidavit or sworn certification that the presence of such party
counsel at the trial is indispensable and that the character of his
is such as to render his non-attendance excusable.
Sec. 5. Order of trial.
Subject to the
of section 2 of Rule 31, and unless the court for special reasons
directs, the trial shall be limited to the issues stated in the
order and shall proceed as follows:
shall adduce evidence in support of his complaint;
If several defendants
defendants, and so forth, having separate defenses appear by different
counsel, the court shall determine the relative order of presentation
(b) The defendant
adduce evidence in support of his defense, counterclaim, cross-claim
if any, shall adduce evidence of his defense, counterclaim, cross-claim
and fourth-party complaint;
so forth, if any, shall adduce evidence of the material facts pleaded
(e) The parties
any counterclaim or cross-claim has been pleaded, shall adduce evidence
in support of their defense, in the order to be prescribed by the court;
(f) The parties
respectively adduce rebutting evidence only, unless the court, for good
reasons and in the furtherance of justice, permits them to adduce
upon their original case; and
admission of the
evidence, the case shall be deemed submitted for decision, unless the
directs the parties to argue or to submit their respective memoranda or
any further pleadings.
Sec. 6. Agreed statement
The parties to any
may agree, in writing, upon the facts involved in the litigation, and
the case for judgment on the facts agreed upon, without the
If the parties
on some of the facts in issue, the trial shall be held as to the
facts in such order as the court shall prescribe.
Sec. 7. Statement of
During the hearing or
of a case any statement made by the judge with reference to the case,
to any of the parties, witnesses or counsel, shall be made of record in
the stenographic notes.
Sec. 8. Suspension of
The suspension of
shall be governed by the provisions of the Civil Code.
Sec. 9. Judge to receive
evidence; delegation to clerk of court.
The judge of the court
the case is pending shall personally receive the evidence to be adduced
by the parties. However, in default or ex parte hearings, and in any
where the parties agree in writing, the court may delegate the
of evidence to its clerk of court who is a member of the bar. The clerk
of court shall have no power to rule on objections to any question or
the admission of exhibits, which objections shall be resolved by the
upon submission of his report and the transcripts within ten (10) days
from termination of the hearing.
Section 1. Consolidation.
When actions involving
common question of law or fact are pending before the court, it may
a joint hearing or trial of any or all the matters in issue in the
it may order all the actions consolidated; and it may make such orders
concerning proceedings therein as may tend to avoid unnecessary costs
Sec. 2. Separate trials.
The court, in
of convenience or to avoid prejudice, may order a separate trial of any
claim, cross-claim, counterclaim, or third-party complaint, or of any
issue or of any number of claims, cross-claims, counterclaims,
complaints or issues.
Section 1. Reference by
By written consent of
parties, the court may order any or all of the issues in a case to be
to a commissioner to be agreed upon by the parties or to be appointed
the court. As used in these Rules, the word "commissioner" includes a
an auditor and an examiner.
Sec. 2. Reference
When the parties do
consent, the court may, upon the application of either or of its own
direct a reference to a commissioner in the following cases:
of an issue of fact requires the examination of a long account on
side, in which case the commissioner may be directed to hear and report
upon the whole issue or any specific question involved therein;
(b) When the
taking of an
account is necessary for the information of the court before judgment,
or for carrying a judgment or order into effect;
(c) When a
question of fact,
other than upon the pleadings, arises upon motion or otherwise, in any
stage of a case, or for carrying a judgment or order into effect.
Sec. 3. Order of reference;
powers of the commissioner.
When a reference is
the clerk shall forthwith furnish the commissioner with a copy of the
of reference. The order may specify or limit the powers of the
and may direct him to report only upon particular issues, or to do or
particular acts, or to receive and report evidence only, and may fix
date for beginning and closing the hearings and for the filing of his
Subject to the specifications and limitations stated in the order, the
commissioner has and shall exercise the power to regulate the
in every hearing before him and to do all acts and take all measures
or proper for the efficient performance of his duties under the order.
He may issue subpoenas and subpoenas duces tecum, swear witnesses, and
unless otherwise provided in the order of reference, he may rule upon
admissibility of evidence. The trial or hearing before him shall
in all respects as it would if held before the court.
Sec. 4. Oath of
Before entering upon
duties the commissioner shall be sworn to a faithful and honest
Sec. 5. Proceedings
Upon receipt of the
of reference and unless otherwise provided therein, the commissioner
forthwith set a time and place for the first meeting of the parties or
their counsel to be held within ten (l0) days after the date of the
of reference and shall notify the parties or their counsel.
Sec. 6. Failure of
to appear before commissioner.
If a party fails to
at the time and place appointed, the commissioner may proceed ex parte
or, in his discretion, adjourn the proceedings to a future day, giving
notice to the absent party or his counsel of the adjournment.
Sec. 7. Refusal of
The refusal of a
to obey a subpoena issued by the commissioner or to give evidence
him, shall be deemed a contempt of the court which appointed the
Sec. 8. Commissioner
It is the duty of the
to proceed with all reasonable diligence. Either party, on notice to
parties and commissioner, may apply to the court for an order requiring
the commissioner to expedite the proceedings and to make his report.
Sec. 9. Report of
Upon the completion of
trial or hearing or proceeding before the commissioner, he shall file
the court his report in writing upon the matters submitted to him by
order of reference. When his powers are not specified or limited, he
set forth his findings of fact and conclusions of law in his report. He
shall attach thereto all exhibits, affidavits, depositions, papers and
the transcript, if any, of the testimonial evidence presented before
Sec. 10. Notice to
of the filing of report.
Upon the filing of the
the parties shall be notified by the clerk, and they shall be allowed
(l0) days within which to signify grounds of objections to the findings
of the report, if they so desire. Objections to the report based upon
which were available to the parties during the proceedings before the
other than objections to the findings and conclusions therein set
shall not be considered by the court unless they were made before the
Sec. 11. Hearing upon
Upon the expiration of
period of ten (l0) days referred to in the preceding section, the
shall be set for hearing, after which the court shall issue an order
modifying, or rejecting the report in whole or in part, or recommitting
it with instructions, or requiring the parties to present further
before the commissioner or the court.
Sec. 12. Stipulations as
When the parties
that a commissioner’s findings of fact shall be final, only questions
law shall thereafter be considered.
Sec. 13. Compensation of
The court shall allow
commissioner such reasonable compensation as the circumstances of the
warrant, to be taxed as costs against the defeated party, or
as justice requires.
Section 1. Demurrer to
After the plaintiff
completed the presentation of his evidence, the defendant may move for
dismissal on the ground that upon the facts and the law the plaintiff
shown no right to relief. If his motion is denied, he shall have the
to present evidence. If the motion is granted but on appeal the order
dismissal is reversed he shall be deemed to have waived the right to
JUDGMENT ON THE
Section 1. Judgment on
Where an answer fails
tender an issue, or otherwise admits the material allegations of the
party’s pleading, the court may, on motion of that party, direct
on such pleading. However, in actions for declaration of nullity or
of marriage or for legal separation, the material facts alleged in the
complaint shall always be proved.
Section 1. Summary
A party seeking to
upon a claim, counterclaim, or cross-claim or to obtain a declaratory
may, at any time after the pleading in answer thereto has been served,
move with supporting affidavits, depositions or admissions for a
judgment in his favor upon all or any part thereof.
Sec. 2. Summary judgment
for defending party.
A party against whom a
counterclaim, or cross-claim is asserted or a declaratory relief is
may, at any time, move with supporting affidavits, depositions or
for a summary judgment in his favor as to all or any part thereof.
Sec. 3. Motion and
The motion shall be
at least ten (10) days before the time specified for the hearing. The
party may serve opposing affidavits, depositions, or admissions at
three (3) days before the hearing. After the hearing, the judgment
shall be rendered forthwith if the pleadings, supporting affidavits,
and admissions on file, show that, except as to the amount of damages,
there is no genuine issue as to any material fact and that the moving
is entitled to a judgment as a matter of law.
Sec. 4. Case not fully
If on motion under
Rule, judgment is not rendered upon the whole case or for all the
sought and a trial is necessary, the court at the hearing of the
by examining the pleadings and the evidence before it and by
counsel shall ascertain what material facts exist without substantial
and what are actually and in good faith controverted. It shall
make an order specifying the facts that appear without substantial
including the extent to which the amount of damages or other relief is
not in controversy, and directing such further proceedings in the
as are just. The facts so specified shall be deemed established, and
trial shall be conducted on the controverted facts accordingly.
Sec. 5. Form of
and supporting papers.
affidavits shall be made on personal knowledge, shall set forth such
as would be admissible in evidence, and shall show affirmatively that
affiant is competent to testify to the matters stated therein.
true copies of all papers or parts thereof referred to in the affidavit
shall be attached thereto or served therewith.
Sec. 6. Affidavits in
Should it appear to
satisfaction at any time that any of the affidavits presented pursuant
to this Rule are presented in bad faith, or solely for the purpose of
the court shall forthwith order the offending party or counsel to pay
the other party the amount of the reasonable expenses which the filing
of the affidavits caused him to incur, including attorney’s fees. It
after hearing, further adjudge the offending party or counsel guilty of
AND ENTRY THEREOF
Section 1. Rendition of
and final orders.
A judgment or final
determining the merits of the case shall be in writing personally and
prepared by the judge, stating clearly and distinctly the facts and the
law on which it is based, signed by him, and filed with the clerk of
Sec. 2. Entry of
and final orders.
If no appeal or motion
new trial or reconsideration is filed within the time provided in these
Rules, the judgment or final order shall forthwith be entered by the
in the book of entries of judgments. The date of finality of the
or final order shall be deemed to be the date of its entry. The record
shall contain the dispositive part of the judgment or final order and
be signed by the clerk, with a certificate that such judgment or final
order has become final and executory.
Sec. 3. Judgment for or
against one or more of several parties.
Judgment may be given
or against one or more of several plaintiffs, and for or against one or
more of several defendants. When justice so demands, the court may
the parties on each side to file adversary pleadings as between
and determine their ultimate rights and obligations.
Sec. 4. Several
In an action against
defendants, the court may, when a several judgment is proper, render
against one or more of them, leaving the action to proceed against the
Sec. 5. Separate
When more than one
for relief is presented in an action, the court, at any stage, upon a
of the issues material to a particular claim and all counterclaims
out of the transaction or occurrence which is the subject matter of the
claim, may render a separate judgment disposing of such claim. The
shall terminate the action with respect to the claim so disposed of and
the action shall proceed as to the remaining claims. In case a separate
judgment is rendered, the court by order may stay its enforcement until
the rendition of a subsequent judgment or judgments and may prescribe
conditions as may be necessary to secure the benefit thereof to the
in whose favor the judgment is rendered.
Sec. 6. Judgment against
entity without juridical personality.
When judgment is
against two or more persons sued as an entity without juridical
the judgment shall set out their individual or proper names, if known.
NEW TRIAL OR
Section 1. Grounds of
for filing motion for new trial or reconsideration.
Within the period for
an appeal, the aggrieved party may move the trial court to set aside
judgment or final order and grant a new trial for one or more of the
causes materially affecting the substantial rights of said party:
mistake or excusable negligence which ordinary prudence could not have
guarded against and by reason of which such aggrieved party has
been impaired in his rights; or
Within the same
aggrieved party may also move for reconsideration upon the grounds that
the damages awarded are excessive, that the evidence is insufficient to
justify the decision or final order, or that the decision or final
is contrary to law.
which he could not, with reasonable diligence, have discovered and
at the trial, and which if presented would probably alter the result.
Sec. 2. Contents of
for new trial or reconsideration and notice thereof.
The motion shall be
in writing stating the ground or grounds therefor, a written notice of
which shall be served by the movant on the adverse party.
A motion for new
be proved in the manner provided for proof of motions. A motion for the
cause mentioned in paragraph (a) of the preceding section shall be
by affidavits of merits which may be rebutted by affidavits. A motion
the cause mentioned in paragraph (b) shall be supported by affidavits
the witnesses by whom such evidence is expected to be given, or by duly
authenticated documents which are proposed to be introduced in evidence.
A motion for
shall point out specifically the findings or conclusions of the
or final order which are not supported by the evidence or which are
to law, making express reference to the testimonial or documentary
or to the provisions of law alleged to be contrary to such findings or
A pro forma motion
trial or reconsideration shall not toll the reglementary period of
Sec. 3. Action upon
for new trial or reconsideration.
The trial court may
aside the judgment or final order and grant a new trial, upon such
as may be just, or may deny the motion. If the court finds that
damages have been awarded or that the judgment or final order is
to the evidence or law, it may amend such judgment or final order
Sec. 4. Resolution of
A motion for new trial
reconsideration shall be resolved within thirty (30) days from the time
it is submitted for resolution.
Sec. 5. Second motion
Sec. 6. Effect of
of motion for new trial.
If a new trial is
in accordance with the provisions of this Rule, the original judgment
final order shall be vacated, and the action shall stand for trial de
but the recorded evidence taken upon the former trial, in so far as the
same is material and competent to establish the issues, shall be used
the new trial without retaking the same.
Sec.7. Partial new trial
If the grounds for a
under this Rule appear to the court to affect the issues as to only a
or less than all of the matter in controversy, or only one, or less
all, of the parties to it, the court may order a new trial or grant
as to such issues if severable without interfering with the judgment or
final order upon the rest.
Sec. 8. Effect of order
for partial new trial.
When less than all of
issues are ordered retried, the court may either enter a judgment or
order as to the rest, or stay the enforcement of such judgment or final
order until after the new trial.
Sec. 9. Remedy against
denying a motion for new trial or reconsideration.
An order denying a
for new trial or reconsideration is not appealable, the remedy being an
appeal from the judgment or final order.
Section 1. Petition for
from judgment, order, or other proceedings.
When a judgment or
order is entered, or any other proceeding is thereafter taken against a
party in any court through fraud, accident, mistake, or excusable
he may file a petition in such court and in the same case praying that
the judgment, order or proceeding be set aside.
Sec. 2. Petition for
from denial of appeal.
When a judgment or
order is rendered by any court in a case, and a party thereto, by
accident, mistake, or excusable negligence, has been prevented from
an appeal, he may file a petition in such court and in the same case
that the appeal be given due course.
Sec. 3. Time for filing
petition; contents and verification.
A petition provided
in either of the preceding sections of this Rule must be verified,
within sixty (60) days after the petitioner learns of the judgment,
order, or other proceeding to be set aside, and not more than six (6)
after such judgment or final order was entered, or such proceeding was
taken; and must be accompanied with affidavits showing the fraud,
mistake, or excusable negligence relied upon, and the facts
the petitioner's good and substantial cause of action or defense, as
case may be.
Sec. 4. Order to file an
If the petition is
in form and substance to justify relief, the court in which it is
shall issue an order requiring the adverse parties to answer the same
fifteen (15) days from the receipt thereof. The order shall be served
such manner as the court may direct, together with copies of the
and the accompanying affidavits.
Sec. 5. Preliminary
The court in which the
is filed, may grant such preliminary injunction as may be necessary for
the preservation of the rights of the parties, upon the filing by the
of a bond in favor of the adverse party all damages and costs that may
be awarded to him by reason of issuance of such injunction or the other
proceedings following the petition; but such injunction shall not
to discharge or extinguish any lien which the adverse party may have
upon the property of the petitioner.
Sec. 6. Proceedings
answer is filed.
After the filing of
answer or the expiration of the period therefor, the court shall hear
petition and if after such hearing, it finds that the allegations
are not true, the petition shall be dismissed; but if it finds said
to be true, it shall set aside the judgment or final order or other
complained of upon such terms as may be just. Thereafter the case shall
stand as if such judgment, final order or other proceeding had never
rendered, issued or taken. The court shall then proceed to hear and
the case as if a timely motion for a new trial or reconsideration had
granted by it.
Sec. 7. Procedure where
the denial of an appeal is set aside.
Where the denial of an
is set aside, the lower court shall be required to give due course to
appeal and to elevate the record of the appelaed case as if a timely
proper appeal had been made.
AND EFFECT OF JUDGMENTS
Section 1. Execution
or final orders.
Execution shall issue
a matter of right, on motion, upon a judgment or order that disposes of
the action or proceeding upon the expiration of the period to appeal
if no appeal has been duly perfected.
If the appeal has
perfected and finally resolved, the execution may forthwith be applied
for in the court of origin, on motion of the judgment obligee,
therewith certified true copies of the judgment or judgments or final
or orders sought to be enforced and of the entry thereof, with notice
the adverse party.
The appellate court
on motion in the same case, when the interest of justice so requires,
the court of origin to issue the writ of execution.
Sec. 2. Discretionary
(a) Execution of a
or final order pending appeal.— On motion of the prevailing party will
notice to the adverse party filed in the trial court while it has
over the case and is in possession of either the original record or the
record on appeal, as the case may be, at the time of the filing of such
motion, said court may, in its discretion, order execution of a
or final order even before the expiration of the period to appeal.
After the trial
lost jurisdiction, the motion for execution pending appeal may be filed
in the appellate court.
only issue upon good reasons to be stated in a special order after due
(b) Execution of
separate or partial judgments.— A several separate or partial judgment
may be executed under the same terms and conditions as execution of a
or final order pending appeal.
Sec. 3. Stay of
issued under the preceding section may be stayed upon approval by the
court of a sufficient supersede as bond filed by the party against whom
it is directed, conditioned upon the performance of the judgment or
allowed to be executed in case it shall be finally sustained in whole
in part. The bond thus given may be proceeded against on motion with
to the surety.
Sec. 4. Judgments not
Judgments in actions
injunction, receivership, accounting and support, and such other
as are now or may hereafter be declared to be immediately executory,
be enforceable after their rendition and shall not be stayed by an
taken therefrom, unless otherwise ordered by the trial court. On appeal
therefrom, the appellate court in its discretion may make an order
modifying, restoring or granting the injunction, receivership,
or award of support.
The stay of
be upon such terms as to bond or otherwise as may be considered proper
for the security or protection of the rights of the adverse party.
Sec. 5. Effect of
of executed judgment.
Where the executed
is reversed totally or partially, or annulled, on appeal or otherwise,
the trial court may, on motion, issue such orders of restitution or
of damages as equity and justice may warrant under the circumstances.
Sec. 6. Execution by
or by independent action.
A final and executory
or order may be executed on motion within five (5) years from the date
of its entry. After the lapse of such time, and before it is barred by
the statute of limitations, a judgment may be enforced by action. The
judgment may also be enforced by motion within five (5) years from the
date of its entry and thereafter by action before it is barred by the
Sec. 7. Execution in
of death of party.
In case of the death
party, execution may issue or be enforced in the following manner:
case of the
death of the judgment obligee, upon the application of his executor or
administrator, or successor in interest;
(b) In case of
of the judgment obligor, against his executor or administrator or
in interest, if the judgment be for the recovery of real or personal
or the enforcement of the lien thereon;
(c) In case of
of the judgment obligor, after execution is actually levied upon any of
his property, the same may be sold for the satisfaction of the judgment
obligation, and the officer making the sale shall account to the
executor or administrator for any surplus in his hands.
Sec. 8. Issuance, form and contents
of a writ of execution.
The writ of execution
(1) issue in the name of the Republic of the Philippines from the court
which granted the motion; (2) state the name of the court, the case
and title, the dispositive part of the subject judgment or order; and
require the sheriff or other proper officer to whom it is directed to
the writ according to its terms, in the manner herein after provided:
(a) If the
be against the property of the judgment obligor, to satisfy the
with interest, out of the real or personal property of such judgment
(b) If it be
or personal property in the jands of personal representatives, heirs,
legatees, tenants, or trustees of the judgment obligor, to satisfy the
judgment, with interest, out of such properties;
(c) If it be for
of real or personal property, to sell such property, describing it, and
apply the proceeds in conformity with the judgment, the material parts
of which shall be recited in the writ of execution;
(d) If it be for
of the possession of real or personal property, to deliver the
of the same, describing it, to the party entitled thereto, and to
any costs, damages, rents, or profits covered by the judgment out of
personal property of the person against whom it was rendered, and if
personal property cannot be found, then out of the real property; and
(e) In all cases,
of execution shall specifically state the amount of the interest,
damages, rents, or profits due as of the date of the issuance of the
aside from the principal obligation under the judgment. For this
the motion for execution shall specify the amounts of the foregoing
sought by the movant.
Sec. 9. Execution of judgments
for money, how enforced.
(a) Immediate payment
demand. - The officer shall enforce an execution of a judgment for
by demanding from the judgment obligor the immediate payment of the
amount stated in the writ of execution and all lawful fees. The
obligor shall pay in cash, certified bank check payable to the judgment
obligee or his authorized representative if present at the time of
The lawful fees shall be handed under proper receipt to the executing
who shall turn over the said amount within the same day to the clerk of
court of the court that issued the writ.
If the judgment
his authorized representative is not present to receive payment, the
obligor shall deliver the aforesaid payment to the executing sheriff.
latter shall turn over all the amounts coming into his possesssion
the same day to the clerk of court of the court that issued the writ,
if the same is not practicable, deposit said amount to a fiduciary
in the nearest government depository bank of the Regional Trial Court
The clerk of court
thereafter arrange for the remittance of the deposit to the account of
the court that issued the writ whose clerk of court shall then deliver
said payment to the judgment obligee in satisfactionn of the judgmen.
excess, if any, shall be delivered to the judgment obligor while the
fees shall be retained by the clerk of court for disposition as
by law. In no case shall the executing sheriff demand that any payment
by check be made payable to him.
(b) Satisfaction by
- If the judgment obligor cannot pay all or part of the obligation in
certified bank check or other mode of payment acceptable to the
obligee, the officer shall levy upon the properties of the judgment
of every kind and nature whatsoever which may be disposed of for value
and not otherwise exempt from execution giving the latter the option to
immediately choose which property or part thereof may be levied upon,
to satisfy the judgment. If the judgment obligor does not exercise the
option, the officer shall first levy on the personal properties, if
an then on the real properties if the personal properties are
to answer for the judgment.
The sheriff shall
a sufficient portion of the personal or real property of the judgment
which has been levied upon.
When there is more
of the judgment obligor than is sufficient to satisfy the judgment and
lawful fees, he must sell only so much of the personal or real property
as is sufficient to satisfy the judgment and lawful fees.
debts, credits, and other personal property, or any interest in either
real or persoanl property, may be levied upon in like manner and with
effect as under a writ of attachment.
(c) Garnishment of
and credits. - The officer may levy on debts due the judgment obligor
other credits, including bank deposits, financial interests, royalties,
commissions and other personal property not capable of manual delivery
in the posssession or control of third parties. Levy shall be made by
notice upon the person owing such debts or having in his possession or
control such credits to which the judgment obligor is entitled. The
shall cover only such amount as will satisfy the judgment and all
The garnishee shall
a written report to the court within five (5) days from service of the
notice of garnishment stating whether or not the judgment obligor has
funds or credits to satisfy the amount of the judgment. If not, the
shall state how much funds or credits the garnishee holds for the
obligor. The garnished amount in cash, or certified bank check issued
the name of the judgment obligee, shall be delivered directly to the
obligee within ten (10) working days from service of notice on said
requiring such delivery, except the lawful fees which shall be paid
to the court.
In the event there
or more garnishees holding deposits or credits sufficient to satisfy
judgment, the judgment obligor, if available, shall have the right to
the garnishee or garnishees who shall be required to deliver the amount
due; otherwise, the choice shall be made by the judgment obligee.
observe the same procedure under paragraph (a) with respect to delivery
of payment to the judgment obligee.
Sec. 10. Execution of
for specific act.
of deeds, or other specific acts; vesting title. - If a judgment
a party who execute a conveyance of land or personal property, or to
deeds or other documents, or to perform any other specific act in
therewith, and the party fails to comply within the time specified, the
court may direct the act to be done at the cost of the disobedient
by some other person appointed by the court and the act when so done
have like effect as if done by the party. If real or personla property
is situated within the Philippines, the court in lieu of directing a
thereof may be an order divest the title of any party and vest it in
which shall have the force and effect of a conveyance executed in due
(b) Sale of real or
property.— If the judgment be for the sale of real or personal
to sell such property, describing it, and apply the proceeds in
with the judgment.
(c) Delivery or
of real property.- The officer shall demand of the person against whom
the judgment for the delivery or restitution of real property is
and all person claiming rights under him to peaceably vacate the
within three (3) working days, and restore possession thereof to the
obligee; otherwise, the officer shall oust and such persons therefrom
the assistance, if necessary of appropriate peace officers, and
such means as may be reasonably necessary to retake possession, and
the judgment obligee in possession of such property. Any costs,
rents or profits awarded by the judgment shall be satisfied in the same
manner as a judgment for money.
(d) Removal of
on property subject of execution.- When the property subject of the
contains improvements constructed or planted by the judgment obligor or
his agent, the officer shall not destroy, demolish or remove said
except upon special order of the court issued upon motion of the
obligee after due hearing and after the former has failed to remove the
same within a reasonable time fixed by the court.
(e) Delivery of
property.- In judgments for the delivery of personal property, the
shall take possession of the same and forthwith deliver it to the party
entitled thereto and satisfy any judgment for money as therein provided.
Sec. 11. Execution of
When a judgment
the performance of any act other than those mentioned in the two
sections, a certified copy of the judgment shall be attached to the
of execution and shall be served by the officer upon the party against
whom the same is rendered, or upon any other person required thereby,
by law, to obey the same, and such party or person may be punished for
contempt if he disobeys such judgment.
Sec. 12. Effect of levy
on execution as to third persons.
The levy on execution
create a lien in favor of the judgment obligee over the right, title
interest of the judgment obligor in such property at the time of the
subject to liens and encumbrances then existing.
Sec. 13. Property exempt
Except as otherwise
provided by law, the following property, and no other, shall be exempt
obligor's family home as provided by law, or the homestead in which he
resides, and land necessarily used in connection therewith;
But no article or
property mentioned in his section shall be exempt from executio issued
upon a judgment recovered for its price or upon a judgment of
of a mortgage thereon.
tools and implements
personally used by him in hs trade, employment, or livelihood;
(c) Three horses,
cows, or three carabaos, or other beasts of burden such as the judgment
obligor may select necessarily used by him in his ordinary occupation;
(d) His necessary
and articles for ordinary personal use, excluding jewelry;
utensils necessary for housekeeping, and used for that purpose by the
obligor and his family, such as the judgment obligor may select, of a
not exceeding one hundred thousand pesos;
or family use sufficient for four months;
and equipment of judges, lawyers, physicians, pharmacists, dentists,
surveyors, clergymen, teachers, and other professionals, not exceeding
three hundred thousand pesos in value;
(h) One fishing
accessories not exceeding the total value of one hundred thousand pesos
owned by a fisherman and by the lawful use of which he earns his
(i) So much of
wages, or earnings of the judgment obligor of his personal services
the four months preceding the levy as are necessary for the support of
or annuities accruing or in any manner growing out of any life
(l) The right to
legal support, or money or property obtained as such support, or any
or gratuity from the Government;
exempt by law.
Sec. 14. Return of writ
The writ of execution
be returnable to the court issuing it immediately after the judgment
been satisfied in part or in full. If the judgment cannot be satisfied
in full within thirty (30) days after his receipt of the writ, the
shall report to the court and state the reason therefor. Such writ
continue in effect during the period within which the judgment may be
by motion. The officer shall make a report to the court every thirty
days on the proceedings taken thereon until the judgment is satisfied
full, or its effectivity expires. The returns or periodic reports shall
set forth the whole of the proceedings taken, and shall be filed with
court and copies thereof promptly furnished the parties.
Sec. 15. Notice of sale
of property on execution.
Before the sale of
on execution, notice thereof must be given as follows:
case of perishable
property, by posting written notice of the time and place of the sale
three (3) public places, preferably in conspicuous areas of the
or city hall, post office and public market in the municipality or city
where the sale is to take place, for such time as may be reasonable,
the character and condition of the property;
The notice shall
place, date and exact time of the sale which should not be earlier than
nine o’clock in the morning and not later than two o’clock in the
The place of the sale may be agreed upon by the parties. In the absence
of such agreement, the sale of real property or personal property not
of manual delivery shall be held in the office of the clerk of court of
the Regional Trial Court or the Municipal Trial Court which issued the
writ or which was designated by the appellate court. In the case of
property capable of manual delivery, the sale shall be held in the
where the property is located.
(b) In case of
property, by posting a similar notice in the three (3) public places
for not less than five (5) days;
(c) In case of
by posting for twenty (20) days in the three (3) public places
a similar notice particularly describing the property and stating where
the property is to be sold, and if the assessed value of the property
fifty thousand (P50,000.00) pesos, by publishing a copy of the notice
a week for two (2) consecutive weeks in one newspaper selected by
whether in English, Filipino, or any major regional language published,
edited and circulated or, in the absence thereof, having general
in the province or city;
(d) In all cases,
notice of the sale shall be given to the judgment obligor, at least
(3) days before the sale, except as provided in paragraph (a) hereof
notice shall be given at any time before the sale, in the same manner
personal service of pleadings and other papers as provided by Section 6
of Rule 13.
Sec. 16. Proceedings
property claimed by third person.
If the property levied
is claimed by any person other than the judgment obligor or his agent,
and such person makes an affidavit of his title thereto or right to the
possession thereof, stating the grounds of such right or title, and
the same upon the officer making the levy and a copy thereof upon the
obligee, the officer shall not be bound to keep the property, unless
judgment obligee, on demand of the officer, files a bond approved by
court to indemnify the third-party claimant in a sum not less than the
value of the property levied on. In case of disagreement as to such
the same shall be determined by the court issuing the writ of
No claim for damages for the taking or keeping of the property may be
against the bond unless the action therefor is filed within one hundred
twenty (120) days from the date of the filing of the bond.
The officer shall
liable for damages for the taking or keeping of the property, to any
claimant if such bond is filed. Nothing herein contained shall prevent
such claimant or any third person from vindicating his claim to the
in a separate action, or prevent the judgment obligee from claiming
in the same or a separate action against a third-party claimant who
a frivolous or plainly spurious claim.
When the writ of
is issued in favor of the Republic of the Philippines, or any officer
representing it, the filing of such bond shall not be required, and in
case the sheriff or levying officer is sued for damages as a result of
the levy, he shall be represented by the Solicitor General and if held
liable therefor, the actual damages adjudged by the court shall be paid
by the National Treasurer out of such funds as may be appropriated for
Sec. 17. Penalty for
without notice, or removing or defacing notice.
An officer selling
the notice prescribed by section 15 of this Rule shall be liable to pay
punitive damages in the amount of five thousand (P5,000.00) pesos to
person injured thereby, in addition to his actual damages, both to be
by motion in the same action; and a person willfully removing or
the notice posted, if done before the sale, or before the satisfaction
of the judgment if it be satisfied before the sale, shall be liable to
pay five thousand (P5,000.000) pesos to any person injured by reason
in addition to his actual damages, to be recovered by motion in the
Sec. 18. No sale if
and costs paid.
At any time before the
of property on execution, the judgment obligor may prevent the sale by
paying the amount required by the execution and the costs that have
Sec. 19. How property
on execution; who may direct manner and order of sale.
All sales of property
execution must be made at public auction, to the highest bidder, to
at the exact time fixed in the notice. After sufficient property has
sold to satisfy the execution, no more shall be sold and any excess
or proceeds of the sale shall be promptly delivered to the judgment
or his authorized representative, unless otherwise directed by the
or order of the court. When the sale is of real property, consisting of
several known lots, they must be sold separately; or, when a portion of
such real property is claimed by a third person, he may require it to
sold separately. When the sale is of personal property capable of
delivery, it must be sold within view of those attending the same and
such parcels as are likely to bring the highest price. The judgment
if present at the sale, may direct the order in which property, real or
personal, shall be sold, when such property consists of several known
or parcels which can be sold to advantage separately. Neither the
conducting the execution sale, nor his deputies, can become a
nor be interested directly or indirectly in any purchase at such sale.
Sec. 20. Refusal of
If a purchaser refuses
pay the amount bid by him for property struck off to him at a sale
execution, the officer may again sell the property to the highest
and shall not be responsible for any loss occasioned thereby; but the
may order the refusing purchaser to pay into the court the amount of
loss, with costs, and may punish him for contempt if he disobeys the
The amount of such payment shall be for the benefit of the person
to the proceeds of the execution, unless the execution has been fully
in which event such proceeds shall be for the benefit of the judgment
The officer may thereafter reject any subsequent bid of such purchaser
who refuses to pay.
Sec. 21. Judgment
When the purchaser is
judgment obligee, and no third-party claim has been filed, he need not
pay the amount of the bid if it does not exceed the amount of his
If it does, he shall pay only the excess.
Sec. 22. Adjournment of
By written consent of
judgment obligor and obligee, or their duly authorized representatives,
the officer may adjourn the sale to any date and time agreed upon by
Without such agreement, he may adjourn the sale from day to day if it
necessary to do so for lack of time to complete the sale on the day
in the notice or the day to which it was adjourned.
Sec. 23. Conveyance to
of personal property capable of manual delivery.
When the purchaser of
personal property, capable of manual delivery, pays the purchase price,
the officer making the sale must deliver the property to the purchaser
and, if desired, execute and deliver to him a certificate of sale. The
sale conveys to the purchaser all the rights which the judgment obligor
had in such property as of the date of the levy on execution or
Sec. 24. Conveyance to
of personal property not capable of manual delivery.
When the purchaser of
personal property, not capable of manual delivery, pays the purchase
the officer making the sale must execute and deliver to the purchaser a
certificate of sale. Such certificate conveys to the purchaser all the
rights which the judgment obligor had in such property as of the date
the levy on execution or preliminary attachment.
Sec. 25. Conveyance of
property; certificate thereof given to purchaser and filed with
Upon a sale of real
the officer must give to the purchaser a certificate of sale containing:
description of the real property sold;
Such certificate must
in the registry of deeds of the place where the property is situated.
(b) The price
paid for each
distinct lot or parcel;
(c) The whole
(d) A statement
right of redemption expires one (1) year from the date of the
of the certificate of sale.
Sec. 26. Certificate of
sale where property claimed by third person.
When a property sold
virtue of a writ of execution has been claimed by a third person, the
of sale to be issued by the sheriff pursuant to sections 23, 24 and 25
of this Rule shall make express mention of the existence of such
Sec. 27. Who may redeem real
property so sold.
Real property sold as
in the last preceding section, or any part thereof sold separately, may
be redeemed in the manner hereinafter provided, by the following
obligor, or his successor in interest in the whole or any part of the
(b) A creditor
having a lien
by virtue of an attachment, judgment or mortgage on the property sold,
or on some part thereof, subsequent to the lien under which the
was sold. Such redeeming creditor is termed a redemptioner.
Sec. 28. Time and manner of,
and amounts payable on, successive redemptions; notice to be given and
The judgment obligor,
redemptioner, may redeem the property from the purchaser, at any time
one (1) year from the date of the registration of the certificate of
by paying the purchaser the amount of his purchase, with one per centum
per month interest thereon in addition, up to the time of redemption,
with the amount of any assessments or taxes which the purchaser may
paid thereon after purchase, and interest on such last named amount at
the same rate; and if the purchaser be also a creditor having a prior
to that of the redemptioner, other than the judgment under which such
was made, the amount of such other lien, with interest.
again be redeemed within sixty (60) days after the last redemption upon
payment of the sum paid on the last redemption, with two per centum
in addition, and the amount of any assessments or taxes which the last
redemptioner may have paid thereon after redemption by him, with
on such last-named amount, and in addition, the amount of any liens
by said last redemptioner prior to his own, with interest. The property
may be again, and as often as a redemptioner is so disposed, redeemed
any previous redemptioner within sixty (60) days after the last
on paying the sum paid on the last previous redemption, with two per
thereon in addition, and the amounts of any assessments or taxes which
the last previous redemptioner paid after the redemption thereon, with
interest thereon, and the amount of any liens held by the last
prior to his own, with interest.
Written notice of
must be given to the officer who made the sale and a duplicate filed
the registry of deeds of the place, and if any assessments or taxes are
paid by the redemptioner or if he has or acquires any lien other than
upon which the redemption was made, notice thereof must in like manner
be given to the officer and filed with the registry of deeds; if such
be not filed, the property may be redeemed without paying such
taxes, or liens.
Sec. 29. Effect of
by judgment obligor, and a certificate to be delivered and recorded
to whom payments on redemption made.
If the judgment
redeems, he must make the same payments as are required to effect a
by a redemptioner, whereupon, no further redemption shall be allowed
he is restored to his estate. The person to whom the redemption payment
is made must execute and deliver to him a certificate of redemption
before a notary public or other officer authorized to take
of conveyances of real property. Such certificate must be filed and
in the registry of deeds of the place in which the property is
and the registrar of deeds must note the record thereof on the margin
the record of the certificate of sale. The payments mentioned in this
the last preceding sections may be made to the purchaser or
or for him to the officer who made the sale.
Sec. 30. Proof required
A redemptioner must
to the officer, or person from whom he seeks to redeem, and serve with
his notice to the officer a copy of the judgment or final order under
he claims the right to redeem, certified by the clerk of the court
the judgment or final order is entered; or, if he redeems upon a
or other lien, a memorandum of the record thereof, certified by the
of deeds; or an original or certified copy of any assignment necessary
to establish his claim; and an affidavit executed by him or his agent,
showing the amount then actually due on the lien.
Sec. 31. Manner of using
premises pending redemption; waste restrained.
Until the expiration
the time allowed for redemption, the court may, as in other proper
restrain the commission of waste on the property by injunction, on the
application of the purchaser or the judgment obligee, with or without
but it is not waste for a person in possession of the property at the
of the sale, or entitled to possession afterwards, during the period
for redemption, to continue to use it in the same manner in which it
previously used; or to use it in the ordinary course of husbandry; or
make the necessary repairs to buildings thereon while he occupies the
Sec. 32. Rents, earnings
and income of property pending redemption.
The purchaser or a
shall not be entitled to receive the rents, earnings and income of the
property sold on execution, or the value of the use and occupation
when such property is in the possession of a tenant. All rents,
and income derived from the property pending redemption shall belong to
the judgment obligor until the expiration of his period of redemption.
Sec. 33. Deed and
to be given at expiration of redemption period; by whom executed or
If no redemption be
within one (1) year from the date of the registration of the
of sale, the purchaser is entitled to a conveyance and possession of
property; or, if so redeemed whenever sixty (60) days have elapsed and
no other redemption has been made, and notice thereof given, and the
for redemption has expired, the last redemptioner is entitled to the
and possession; but in all cases the judgment obligor shall have the
period of one (1) year from the date of the registration of the sale to
redeem the property. The deed shall be executed by the officer making
sale or by his successor in office, and in the latter case shall have
same validity as though the officer making the sale had continued in
and executed it.
Upon the expiration
right of redemption, the purchaser or redemptioner shall be substituted
to and acquire all the rights, title, interest and claim of the
obligor to the property as of the time of the levy. The possession of
property shall be given to the purchaser or last redemptioner by the
officer unless a third party is actually holding the property adversely
to the judgment obligor.
Sec. 34. Recovery of
if sale not effective; revival of judgment.
If the purchaser of
property sold on execution, or his successor in interest, fails to
the possession thereof, or is evicted therefrom, in consequence of
in the proceedings concerning the sale, or because the judgment has
reversed or set aside, or because the property sold was exempt from
or because a third person has vindicated his claim to the property, he
may on motion in the same action or in a separate action recover from
judgment obligee the price paid, with interest, or so much thereof as
not been delivered to the judgment obligor; or he may, on motion, have
the original judgment revived in his name for the whole price with
or so much thereof as has been delivered to the judgment obligor. The
so revived shall have the same force and effect as an original judgment
would have as of the date of the revival and no more.
Sec. 35. Right to
When property liable
an execution against several persons is sold thereon, and more than a
proportion of the judgment is satisfied out of the proceeds of the sale
of the property of one of them, or one of them pays, without a sale,
than his proportion, he may compel a contribution from the others; and
when a judgment is upon an obligation of one of them, as security for
and the surety pays the amount, or any part thereof, either by sale of
his property or before sale, he may compel repayment from the principal.
Sec. 36. Examination of
judgment obligor when judgment unsatisfied.
When the return of a
of execution issued against property of a judgment obligor, or any one
of several obligors in the same judgment, shows that the judgment
unsatisfied, in whole or in part, the judgment obligee, at any time
such return is made, shall be entitled to an order from the court which
rendered the said judgment, requiring such judgment obligor to appear
be examined concerning his property and income before such court or
a commissioner appointed by it, at a specified time and place; and
may thereupon be had for the application of the property and income of
the judgment obligor towards the satisfaction of the judgment. But no
obligor shall be so required to appear before a court or commissioner
the province or city in which such obligor resides or is found.
Sec. 37. Examination of
obligor of judgment obligor.
When the return of a
of execution against the property of a judgment obligor shows that the
judgment remains unsatisfied, in whole or in part, and upon proof to
satisfaction of the court which issued the writ, that a person,
or other juridical entity has property of such judgment obligor or is
to him, the court may, by an order, require such person, corporation,
other juridical entity, or any officer or member thereof, to appear
the court or a commissioner appointed by it, at a time and place within
the province or city where such debtor resides or is found, and be
concerning the same. The service of the order shall bind all credits
the judgment obligor and all money and property of the judgment obligor
in the possession or in the control of such person, corporation, or
entity from the time of service; and the court may also require notice
of such proceedings to be given to any party to the action in such
as it may deem proper.
Sec. 38. Enforcement of
attendance and conduct of examination.
A party or other
may be compelled, by an order or subpoena, to attend before the court
commissioner to testify as provided in the two preceding sections, and
upon failure to obey such order or subpoena or to be sworn, or to
as a witness or to subscribe his deposition, may be punished for
as in other cases. Examinations shall not be unduly prolonged, but the
proceedings may be adjourned from time to time, until they are
If the examination is before a commissioner, he must take it in writing
and certify it to the court. All examinations and answers before a
or commissioner must be under oath, and when a corporation or other
entity answers, it must be on the oath of an authorized officer or
Sec. 39. Obligor may pay
execution against obligee.
After a writ of
against property has been issued, a person indebted to the judgment
may pay to the sheriff holding the writ of execution the amount of his
debt or so much thereof as may be necessary to satisfy the judgment, in
the manner prescribed in section 9 of this Rule, and the sheriff’s
shall be a sufficient discharge for the amount so paid or directed to
credited by the judgment obligee on the execution.
Sec. 40. Order for
of property and income to satisfaction of judgment.
The court may order
property of the judgment obligor, or money due him, not exempt from
in the hands of either himself or another person, or of a corporation
other juridical entity, to be applied to the satisfaction of the
subject to any prior rights over such property.
his current income and expenses, it appears that the earnings of the
obligor for his personal services are more than necessary for the
of his family, the court may order that he pay the judgment in fixed
installments, and upon his failure to pay any such installment when due
without good excuse, may punish him for indirect contempt.
Sec. 41. Appointment of
The court may appoint
receiver of the property of the judgment obligor; and it may also
a transfer or other disposition of, or any interference with, the
of the judgment obligor not exempt from execution.
Sec. 42. Sale of
interest of judgment obligor in real estate.
If it appears that the
obligor has an interest in real estate in the place in which
are had, as mortgagor or mortgagee or otherwise, and his interest
can be ascertained without controversy, the receiver may be ordered to
sell and convey such real estate or the interest of the obligor
and such sale shall be conducted in all respects in the same manner as
is provided for the sale of real estate upon execution, and the
thereon shall be approved by the court before the execution of the deed.
Sec. 43. Proceedings
indebtedness denied or another person claims the property.
If it appears that a
or corporation, alleged to have property of the judgment obligor or to
be indebted to him, claims an interest in the property adverse to him
denies the debt, the court may authorize, by an order made to that
the judgment obligee to institute an action against such person or
for the recovery of such interest or debt, forbid a transfer or other
of such interest or debt within one hundred twenty (120) days from
of the order, and may punish disobedience of such order as for
Such order may be modified or vacated at any time by the court which
it, or by the court in which the action is brought, upon such terms as
may be just.
Sec. 44. Entry of
of judgment by clerk of court.
Satisfaction of a
shall be entered by the clerk of court in the court docket, and in the
execution book, upon the return of a writ of execution showing the full
satisfaction of the judgment, or upon the filing of an admission to the
satisfaction of the judgment executed and acknowledged in the same
as a conveyance of real property by the judgment obligee or by his
unless a revocation of his authority is filed, or upon the endorsement
of such admission by the judgment obligee or his counsel on the face of
the record of the judgment.
Sec. 45. Entry of
with or without admission.
Whenever a judgment is
in fact, or otherwise than upon an execution, on demand of the judgment
obligor, the judgment obligee or his counsel must execute and
or indorse, an admission of the satisfaction as provided in the last
section, and after notice and upon motion the court may order either
judgment obligee or his counsel to do so, or may order the entry of
to be made without such admission.
Sec. 46. When principal
bound by judgment against surety.
When a judgment is
against a party who stands as surety for another, the latter is also
from the time that he has notice of the action or proceeding, and an
at the surety’s request to join in the defense.
Sec. 47. Effect of
or final orders.
The effect of a
or final order rendered by a court of the Philippines, having
to pronounce the judgment or final order, may be as follows:
case of a
judgment or final order against a specific thing, or in respect to the
probate of a will, or the administration of the estate of a deceased
or in respect to the personal, political, or legal condition or status
of a particular person or his relationship to another, the judgment or
final order is conclusive upon the title to the thing, the will or
or the condition, status or relationship of the person; however, the
of a will or granting of letters of administration shall only be prima
facie evidence of the death of the testator or intestate;
(b) In other
cases, the judgment
or final order is, with respect to the matter directly adjudged or as
any other matter that could have been raised in relation thereto,
between the parties and their successors in interest by title
to the commencement of the action or special proceeding, litigating for
the same thing and under the same title and in the same capacity; and
(c) In any other
between the same parties or their successors in interest, that only is
deemed to have been adjudged in a former judgment or final order which
appears upon its face to have been so adjudged, or which was actually
necessarily included therein or necessary thereto.
Sec. 48. Effect of foreign judgments
or final orders.
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