RULES OF COURT _________ Pursuant to the provisions of Section 5(5) of Article !!!

of the Constitution" the Supre#e Court here$% a&opts an& pro#ul'ates the follo(in' rules concernin' the protection an& enforce#ent of constitutional ri'hts" plea&in'" practice an& proce&ure in all courts" the a&#ission to the practice of la(" the !nte'rate& )ar" an& le'al assistance to the un&erprivile'e&*

co&&enced with re(ard to hi& on the date of the filin( of such later !leadin(# irres!ecti%e of whether the &otion for its ad&ission# if necessar"# is denied b" the court. (/a) SEC. /. Construction.These Rules be liberall" construed in order to !ro&ote ob+ecti%e of securin( a +ust# s!eed" ine$!ensi%e dis!osition of e%er" action !roceedin(. ( a) shall their and and

PART !

RULE +

C! !L ACT!O-S OR.!-AR/ C! !L ACT!O-S

,E-ERAL PRO !S!O-S SECTION 1. Title of the Rules.These Rules shall be known and cited as the Rules of Court. (1) SEC. . In what courts applicable .These rules shall a!!l" in all courts# e$ce!t as otherwise !ro%ided b" the Su!re&e Court. (n) SEC. '. Cases governed.These Rules shall (o%ern the !rocedure to be obser%ed in actions# ci%il or cri&inal# and s!ecial !roceedin(s. (a) ) ci%il action is one b" which a !art" sues another for the enforce&ent or !rotection of a ri(ht# or the !re%ention or redress of a wron(. (1a# R ) ) ci%il action &a" either be ordinar" or s!ecial. *oth are (o%erned b" the rules for ordinar" ci%il actions# sub+ect to the s!ecific rules !rescribed for a s!ecial ci%il action. (n) (b) ) cri&inal action is one b" which the State !rosecutes a !erson for an act or o&ission !unishable b" law. (n) (c) ) s!ecial !roceedin( is a re&ed" b" which a !art" seeks to establish a status# a ri(ht# or a !articular fact. ( a# R ) SEC. ,. In what cases not applicable . These Rules shall not a!!l" to election cases# land re(istration# cadastral# naturali-ation and insol%enc" !roceedin(s# and other cases not herein !ro%ided for# e$ce!t b" analo(" or in a su!!letor" character and whene%er !racticable and con%enient. (R1,'a) SEC. .. Commencement of action.) ci%il action is co&&enced b" the filin( of the ori(inal co&!laint in court. If an additional defendant is i&!leaded in a later !leadin(# the action is

RULE 0

CAUSE OF ACT!OSECTION 1. Ordinary civil actions, basis of.E%er" ordinar" ci%il action &ust be based on a cause of action. (n) SEC. . Cause of action, defined.) cause of action is the act or o&ission b" which a !art" %iolates a ri(ht of another. (n) SEC. '. One suit for a single cause of action.) !art" &a" not institute &ore than one suit for a sin(le cause of action. ('a) SEC. ,. Splitting a single cause of action; effect of.If two or &ore suits are instituted on the basis of the sa&e cause of action# the filin( of one or a +ud(&ent u!on the &erits in an" one is a%ailable as a (round for the dis&issal of the others. (,a) SEC. .. oinder of causes of action. ) !art" &a" in one !leadin( assert# in the alternati%e or otherwise# as &an" causes of action as he &a" ha%e a(ainst an o!!osin( !art"# sub+ect to the followin( conditions0 (a) The !art" +oinin( the causes of action shall co&!l" with the rules on +oinder of !arties1 (b) The +oinder shall not include s!ecial ci%il actions or actions (o%erned b" s!ecial rules1 (c) 2here the causes of action are between the sa&e !arties but !ertain to different %enues or +urisdictions# the +oinder &a" be allowed in the Re(ional Trial Court !ro%ided one of the causes of action falls within the +urisdiction of said

court and the %enue lies therein1 and (d) 2here the clai&s in all the causes of action are !rinci!all" for reco%er" of &one"# the a((re(ate a&ount clai&ed shall be the test of +urisdiction. (.a) SEC. /. !is"oinder of causes of action. 3is+oinder of causes of action is not a (round for dis&issal of an action. ) &is+oined cause of action &a"# on &otion of a !art" or on the initiati%e of the court# be se%ered and !roceeded with se!aratel". (n)

&a" sue or be sued# with the assistance of his father# &other# (uardian# or if he has none# a (uardian ad litem. (.a) SEC. /. $ermissive "oinder of parties.)ll !ersons in who& or a(ainst who& an" ri(ht to relief in res!ect to or arisin( out of the sa&e transaction or series of transactions is alle(ed to e$ist# whether +ointl"# se%erall"# or in the alternati%e# &a" e$ce!t as otherwise !ro%ided in these Rules# +oin as !laintiffs or be +oined as defendants in one co&!laint# where an" 9uestion of law or fact co&&on to all such !laintiffs or to all such defendants &a" arise in the action1 but the court &a" &ake such orders as &a" be +ust to !re%ent an" !laintiff or defendant fro& bein( e&barrassed or !ut to e$!ense in connection with an" !roceedin(s in which he &a" ha%e no interest. (/) SEC. :. Compulsory "oinder of indispensable parties.;arties in interest without who& no final deter&ination can be had of an action shall be +oined either s !laintiffs or defendants. (:) SEC. <. %ecessary party.) necessar" !art" is one who is not indis!ensable but who ou(ht to be +oined as a !art" if co&!lete relief is to be accorded as to those alread" !arties# or for a co&!lete deter&ination or settle&ent of the clai& sub+ect of the action. (<a) SEC. =. %on&"oinder of necessary parties to be pleaded.2hene%er in an" !leadin( in which a clai& is asserted a necessar" !art" is not +oined# the !leader shall set forth his na&e# if known# and shall state wh" he is o&itted. Should the court find the reason for the o&ission un&eritorious# it &a" order the inclusion of the o&itted necessar" !art" if +urisdiction o%er his !erson &a" be obtained. The failure to co&!l" with the order for his inclusion# without +ustifiable cause# shall be dee&ed a wai%er of the clai& a(ainst such !art". The non6inclusion of a necessar" !art" does not !re%ent the court fro& !roceedin( in the action# and the +ud(&ent rendered therein shall be without !re+udice to the ri(hts of such necessar" !art". (<a# =a) SEC. 1>. 'nwilling co&plaintiff. If the consent of an" !art" who should be +oined as !laintiff can not be obtained # he &a" be &ade a defendant and the reason therefor shall be stated in the co&!laint. (1>) SEC. 11. !is"oinder and non&"oinder of parties.Neither &is+oinder nor non6+oinder of !arties is (round for dis&issal of an action. ;arties &a" be dro!!ed or added b" order of the court on &otion of an" !art" or on its own initiati%e at an" sta(e of the action and on such ter&s as are +ust. )n" clai& a(ainst a &is+oined !art" &a" be se%ered and !roceeded with

RULE 1

PART!ES TO C! !L ACT!O-S

SECTION 1. #ho may be parties; plaintiff and defendant.Onl" natural or +uridical !ersons# or entities authori-ed b" law &a" be !arties in a ci%il action. The ter& 4!laintiff5 &a" refer to the clai&in( !art"# the counter6 clai&ant# the cross6clai&ant# or the third (fourth etc.)!art" !laintiff. The ter& 4defendant5 &a" refer to the ori(inal defendin( !art"# the defendant in a counterclai&# the cross6 defendant# or the third (fourth# etc.)!art" defendant. (1a) SEC. . $arties in interest.) real !art" in interest is the !art" who stands to be benefited or in+ured b" the +ud(&ent in the suit# or the !art" entitled to the a%ails of the suit. 7nless otherwise authori-ed b" law or these Rules# e%er" action &ust be !rosecuted or defended in the na&e of the real !art" in interest. ( a). SEC. '. Representatives as parties. 2here the action is allowed to be !rosecuted or defended b" a re!resentati%e or so&eone actin( in a fiduciar" ca!acit"# the beneficiar" shall be included in the title of the case and shall be dee&ed to be the real !art" in interest. ) re!resentati%e &a" be a trustee of an e$!ress trust# a (uardian# an e$ecutor or ad&inistrator# or a !art" authori-ed b" law or these Rules. )n a(ent actin( in his own na&e and for the benefit of an undisclosed !rinci!al &a" sue or be sued without +oinin( the !rinci!al e$ce!t when the contract in%ol%es thin(s belon(in( to the !rinci!al. ('a) SEC. ,. Spouses as parties.8usband and wife shall sue or be sued +ointl"# e$ce!t as !ro%ided b" law. (,a) SEC. .. !inor or incompetent persons.) &inor or a !erson alle(ed to be inco&!etent#

se!aratel". (11a) SEC. 1 . Class suit.2hen the sub+ect &atter of the contro%ers" is one of the co&&on or (eneral interest to &an" !ersons so nu&erous that it is i&!racticable to +oin all as !arties# a nu&ber of the& which the court finds to be sufficientl" nu&erous and re!resentati%e as to full" !rotect the interests of all concerned &a" sue or defend for the benefit of all. )n" !art" in interest shall ha%e the ri(ht to inter%ene to !rotect his indi%idual interest. (1 a) SEC. 1'. (lternative defendants.2here the !laintiff is uncertain a(ainst who of se%eral !ersons he is entitled to relief# he &a" +oin an" or all of the& as defendants in the alternati%e# althou(h a ri(ht to relief a(ainst one &a" be inconsistent with a ri(ht of relief a(ainst the other. (1'a) SEC. 1,. 'n)nown identity or name of defendant.2hene%er the identit" or na&e of a defendant is unknown# he &a" be sued as the unknown owner# heir# de%isee# or b" such other desi(nation as the case &a" re9uire1 when his identit" or true na&e is disco%ered# the !leadin( &ust be a&ended accordin(l". (1,) SEC. 1.. *ntity without "uridical personality as defendant.2hen two or &ore !ersons not or(ani-ed as an entit" with +uridical !ersonalit" enter into a transaction# the" &a" be sued under the na&e b" which the" are (enerall" or co&&onl" known. In the answer of such defendant the na&es and addresses of the !ersons co&!osin( said entit" &ust all be re%ealed. (1.a) SEC. 1/. +eath of party; duty of counsel . 2hene%er a !art" to a !endin( action dies# and the clai& is not thereb" e$tin(uished# it shall be the dut" of his counsel to infor& the court within thirt" ('>) da"s after such death of the fact thereof# and to (i%e the na&e and address of his le(al re!resentati%e or re!resentati%es. ?ailure of counsel to co&!l" with this dut" shall be a (round for disci!linar" action. The heirs of the deceased &a" be allowed to be substituted for the deceased# without re9uirin( the a!!oint&ent of an e$ecutor or ad&inistrator and the court &a" a!!oint a (uardian ad litem for the &inor heirs. The court shall forthwith order said le(al re!resentati%e or re!resentati%es to a!!ear and be substituted within a !eriod of thirt" ('>) da"s fro& notice. If no le(al re!resentati%e is na&ed b" the counsel for the deceased !art" or if the one so na&ed shall fail to a!!ear within the s!ecified !eriod# the court &a" order the o!!osin( !art"# within a s!ecified ti&e# to !rocure the a!!oint&ent of an e$ecutor or ad&inistrator for

the estate of the deceased and the latter shall i&&ediatel" a!!ear for and on behalf of the deceased. The court char(es in !rocurin( such a!!oint&ent# if defra"ed b" the o!!osin( !art"# &a" be reco%ered as costs. (1/a# 1:a) SEC. 1:. +eath or separation of a party who is a public officer.2hen a !ublic officer is a !art" in an action in his official ca!acit" and durin( its !endenc" dies# resi(ns# or other wise ceases to hold office# the action &a" be continued and &aintained b" or a(ainst his successor if# within thirt" ('>) da"s after the successor takes office or such ti&e as &a" be (ranted b" the court# it is satisfactoril" shown to the court b" an" !art" that there is a substantial need for continuin( or &aintainin( it and that the successor ado!ts or continues or threatens to ado!t or continue the action of his !redecessor. *efore a substitution is &ade# the !art" or officer to be affected# unless e$!ressl" assentin( thereto# shall be (i%en reasonable notice of the a!!lication therefor and accorded an o!!ortunit" to be heard. (1<a) SEC. 1<. Incompetency or incapacity.If a !art" beco&es inco&!etent or inca!acitated# the court# u!on &otion with notice# &a" allow the action to be continued b" or a(ainst the inco&!etent or inca!acitated !erson assisted b" his le(al (uardian or (uardian ad litem. (1=a) SEC. 1=. Transfer of interest.In case of an" transfer of interest# the action &a" be continued b" or a(ainst the ori(inal !art"# unless the court u!on &otion directs the !erson to who& the interest is transferred to be substituted in the action or +oined with the ori(inal !art". ( >) SEC. >. (ction on contractual money claims.2hen the action is for reco%er" of &one" arisin( fro& contract# e$!ress or i&!lied# and the defendant dies before entr" of final +ud(&ent in the court in which the action was !endin( at the ti&e of such death# it shall not be dis&issed but shall instead be allowed to continue until entr" of final +ud(&ent. ) fa%orable +ud(&ent obtained b" the !laintiff therein shall be enforced in the &anner es!eciall" !ro%ided in these Rules for !rosecutin( clai&s a(ainst the estate of a deceased !erson. ( 1a) SEC. 1. Indigent party.) !art" &a" be authori-ed to liti(ate his action# clai& or defense as an indi(ent if the court# u!on an e, parte a!!lication and hearin(# is satisfied that the !art" is one who has no &one" or !ro!ert" sufficient and a%ailable for food# shelter and basic necessities for hi&self and his fa&il". Such authorit" shall include an e$e&!tion fro& !a"&ent of docket and other lawful fees# and of transcri!ts of steno(ra!hic notes which the court &a" order to be furnished hi&. The a&ount of the docket and other lawful fees which the indi(ent was e$e&!ted fro& !a"in(

shall be a lien on an" +ud(&ent rendered in the case fa%orable to the indi(ent# unless the court otherwise !ro%ides. )n" ad%erse !art" &a" contest the (rant of such authorit" at an" ti&e before +ud(&ent is rendered b" the trial court. If the court should deter&ine after hearin( that the !art" declared as an indi(ent is in fact a !erson with sufficient inco&e or !ro!ert"# the !ro!er docket and other lawful fees shall be assessed and collected b" the clerk of court. If the !a"&ent is not &ade within the ti&e fi$ed b" the court# e$ecution shall issue or the !a"&ent thereof# without !re+udice to such other sanctions as the court &a" i&!ose. ( a). SEC. . %otice to the Solicitor -eneral. In an" action in%ol%in( the %alidit" of an" treat"# law# ordinance# e$ecuti%e order# !residential decree# rules or re(ulations# the court# in its discretion# &a" re9uire the a!!earance of the Solicitor @eneral who &a" be heard in !erson or throu(h a re!resentati%e dul" desi(nated b" hi&. ( 'a)

SEC. ,. #hen Rule not applicable.This Rule shall not a!!l" (a) In those cases where a s!ecific rule or law !ro%ides otherwise1 or (b) 2here the !arties ha%e %alidl" a(reed in writin( before the filin( of the action on the e$clusi%e %enue thereof.

RULE 5

U-!FOR3 PROCE.URE !- TR!AL COURTS SECTION 1. 'niform procedure.The !rocedure in the 3unici!al Trial Courts shall be the sa&e as in the Re(ional Trial Courts# e$ce!t (a) where a !articular !ro%ision e$!ressl" or i&!liedl" a!!lied onl" to either of said courts# or (b) in ci%il cases (o%erned b" the Rule on Su&&ar" !rocedure. (n) SEC. . !eaning of terms.The ter& 43unici!al Trial Courts5 as used in these Rules shall include 3etro!olitan Trial Courts# 3unici!al Trial Courts in Cities# 3unici!al Trial Courts# and 3unici!al Circuit Trial Courts. (1a)

RULE 2

E-UE OF ACT!O-S SECTION 1. .enue of real actions. )ctions affectin( title to or !ossession of real !ro!ert"# or interest therein# shall be co&&enced and tried in the !ro!er court which has +urisdiction o%er the area wherein the real !ro!ert" in%ol%ed# or a !ortion thereof# is situated. ?orcible entr" and detainer actions shall be co&&enced and tried in the &unici!al trial court of the &unici!alit" or cit" wherein the real !ro!ert" in%ol%ed# or a !ortion thereof# is situated. (1AaB# AaBa) SEC. . .enue of personal actions .)ll other actions &a" be co&&enced and tried where the !laintiff or an" of the !rinci!al !laintiffs resides# or where the defendant or an" of the !rinci!al defendants resides# or in the case of a non6resident defendant where he &a" be found# at the election of the !laintiff. ( AbBa) SEC. '. .enue of actions against nonresidents.If an" of the defendants does not reside and is not found in the ;hili!!ines# and the action affects the !ersonal status of the !laintiff# or an" !ro!ert" of said defendant located in the ;hili!!ines# the action &a" be co&&enced and tried in the court of the !lace where the !laintiff resides# or where the !ro!ert" or an" !ortion thereof is situated or found. ( AcBa)

PROCE.URE !- RE,!O-AL TR!AL COURTS RULE 4 5!-.S OF PLEA.!-,S

SECTION 1. $leadings defined.;leadin(s are the written state&ents of the res!ecti%e clai&s and defenses of the !arties sub&itted to the court for a!!ro!riate +ud(&ent. (1a) SEC. . $leadings allowed.The clai&s of a !art" are asserted in a co&!laint# counterclai&# cross6clai&# third (fourth# etc.) !art" co&!laint# or co&!laint6in6inter%ention. The defenses of a !art" are alle(ed in the answer to the !leadin( assertin( a clai& a(ainst hi&. )n answer &a" be res!onded to b" a re!l". (n) SEC. '. Complaint.The co&!laint is the !leadin( alle(in( the !laintiffCs cause or causes of action. The na&es and residences of the !laintiff and defendant &ust be stated in the co&!laint. ('a) SEC. ,. (nswer.)n answer is a !leadin( in which a defendin( !art" sets fourth his defenses. (,a)

SEC. .. +efenses.Defenses &a" either be ne(ati%e or affir&ati%e. (a) ) ne(ati%e defense is the s!ecific denial of the &aterial fact or facts alle(ed in the !leadin( of the clai&ant essential to his cause or causes of action. (b) )n affir&ati%e defense is an alle(ation of a new &atter which# while h"!otheticall" ad&ittin( the &aterial alle(ations in the !leadin( of the clai&ant would ne%ertheless !re%ent or bar reco%er" b" hi&. The affir&ati%e defenses include fraud# statute of li&itations# release !a"&ent# ille(alit"# statute of frauds# esto!!el# for&er reco%er"# dischar(e in bankru!tc"# and an" other &atter b" wa" of confession and a%oidance. (.a) SEC. /. Counterclaim.) counterclai& is an" clai& which a defendin( !art" &a" ha%e a(ainst an o!!osin( !art". (/a) SEC. :. Compulsory counterclaim.) co&!ulsor" counterclai& is one which# 1.bein( co(ni-able b" the re(ular courts of +ustice# . arises out of or is connected with the transaction or occurrence constitutin( the sub+ect &atter of the o!!osin( !art"Cs clai& and '. does not re9uire for its ad+udication the !resence of third !arties of who& the court cannot ac9uire +urisdiction. Such a counterclai& &ust be within the +urisdiction of the court both as to the a&ount and the nature thereof# e$ce!t that in an ori(inal action before the Re(ional Trial Court# the counterclai& &a" be considered co&!ulsor" re(ardless of the a&ount. (n) SEC. <. Cross&claim.) cross6clai& is an" clai& b" one !art" a(ainst a co6!art" arisin( out of the transaction or occurrence that is the sub+ect &atter either of the ori(inal action or of a counterclai& therein. Such cross6clai& &a" include a clai& that the !art" a(ainst who& it is asserted is or &a" be liable to the cross6 clai&ant for all or !art of a clai& asserted in the action a(ainst the cross6clai&ant. (:) SEC. =. Counterclaims and counter&cross& claims.) counterclai& &a" be asserted a(ainst an ori(inal counter6clai&ant. ) cross6clai& &a" also be filed a(ainst an ori(inal cross6clai&ant. (n) SEC. 1>. Reply.) re!l" is a !leadin(# the office or function of which is to den"# or alle(e facts in denial or a%oidance of new &atters alle(ed b" wa" of defense in the answer and thereb" +oin or &ake issue as to such new &atters. If a !art" does not file such re!l"# all the new &atters alle(ed in the answer are

dee&ed controverte&6 If the !laintiff whishes to inter!ose an" clai&s arisin( out of the new &atters so alle(ed such clai&s shall be set forth in an a&ended or su!!le&ental co&!laint. (11) SEC. 11. Third, /fourth, etc.0party complaint.) third (fourth# etc.)!art" co&!laint is a clai& that a defendin( !art" &a"# with lea%e of court# file a(ainst a !erson not a !art" to the action# called the third (fourth# etc.) !art" defendant# for contribution# inde&nit"# subro(ation or an" other relief# in res!ect of his o!!onentCs clai&. (1 a) SEC. 1 . 1ringing new parties.2hen the !resence of !arties other than those to the ori(inal action is re9uired for the (rantin( of co&!lete relief in the deter&ination of a counterclai& or cross6clai&# the court shall order the& to be brou(ht in as defendants# if +urisdiction o%er the& can be obtained. (1,) SEC. 1'. (nswer to third /fourth, etc.02 party complaint.) third (fourth# etc.)!art" defendant &a" alle(e in his answer his defenses# counterclai&s or cross6clai&s# includin( such defenses that the third (fourth# etc.)!art" !laintiff &a" ha%e a(ainst the ori(inal !laintiffCs clai&. In !ro!er cases# he &a" also assert a counterclai& a(ainst the ori(inal !laintiff in res!ect of the latterCs clai& a(ainst the third6!art" !laintiff. (n)

RULE 7

PARTS OF A PLEA.!-, SECTION 1. Caption.The ca!tion sets forth the na&e of the court# the title of the action# and the docket nu&ber if assi(ned. The title of the action indicates the na&es of the !arties. The" shall all be na&ed in the ori(inal co&!laint or !etition1 but in subse9uent !leadin(s# it shall be sufficient if the na&e of the first !art" on each side be stated with an a!!ro!riate indication when there are other !arties. Their res!ecti%e !artici!ation in the case shall be indicated. (1a# a) SEC. . The body.The bod" of the !leadin( sets forth its desi(nation# the alle(ations of the !art"Cs clai&s or defenses# the relief !ra"ed for# and the date of the !leadin(. (a) $aragraphs.The alle(ations in the bod" of a !leadin( shall be di%ided into !ara(ra!hs so nu&bered as to be readil" identified# each of which shall contain a

state&ent of a sin(le set of circu&stances so far as that can be done with con%enience. ) !ara(ra!h &a" be referred to b" its nu&ber in all succeedin( !leadin(s. (b) 3eadings2#hen two or &ore causes of action are +oined# the state&ent of the first shall be !refaced b" the words 4first cause of action#5 of the second b" 4second cause of action#5 and so on for the others. 2hen one or &ore !ara(ra!hs in the answer are addressed to one of se%eral causes of action in the co&!laint# the" shall be !refaced b" the words 4answer to the first cause of action5 or 4answer to the second cause of action5 and so on1 and when one or &ore !ara(ra!hs of the answer are addressed to se%eral causes of action# the" shall be !refaced b" words to that effect. (,) (c) Relief.2The !leadin( shall s!ecif" the relief sou(ht# but it &a" add a (eneral !ra"er for such further or other relief as &a" be dee&ed +ust or e9uitable. (d) +ate.2E%er" !leadin( shall be dated. SEC. '. Signature and address.2E%er" !leadin( &ust be si(ned b" the !art" or counsel re!resentin( hi&# statin( in either case his address which should not be a !ost office bo$. The si(nature of counsel constitutes a certificate b" hi& that he has read the !leadin(1 that to the best of his knowled(e# infor&ation# and belief there is (ood (round to su!!ort it1 and that it is not inter!osed for dela". )n unsi(ned !leadin( !roduces no le(al effect. 8owe%er# the court &a"# in its discretion# allow such deficienc" to be re&edied if it shall a!!ear that the sa&e was due to &ere inad%ertence and not intended for dela". Counsel who deliberatel" files an unsi(ned !leadin(# or si(ns a !leadin( in %iolation of this Rule# or alle(es scandalous or indecent &atter therein# or fails to !ro&!tl" re!ort to the court a chan(e of his address# shall be sub+ect to a!!ro!riate disci!linar" action. (.a) SEC. ,. .erification.2E$ce!t when otherwise s!ecificall" re9uired b" law or rule# !leadin(s need not be under oath# %erified or acco&!anied b" affida%it. ) !leadin( is %erified b" an affida%it that the affiant has read the !leadin( and that the alle(ations therein are true and correct of his !ersonal knowled(e or based on authentic records. ) !leadin( re9uired to be %erified which contains a %erification based on 4infor&ation and belief#5 or u!on 4knowled(e# infor&ation and belief#5 or lacks a !ro!er %erification# shall be treated as an unsi'ne& plea&in'6 SEC. .. Certification against forum

shopping. The !laintiff or !rinci!al !art" shall certif" under oath in the co&!laint or other initiator" !leadin( assertin( a clai& for relief# or in a sworn certification anne$ed thereto and si&ultaneousl" filed therewith0 (a) that he has not theretofore co&&enced an" action or filed an" clai& in%ol%in( the sa&e issues in an" court# tribunal or 9uasi6+udicial a(enc" and# to the best of his knowled(e# no such other action or clai& is !endin( therein1 (b) if there is such other !endin( action or clai&# a co&!lete state&ent of the !resent status thereof1 and (c) if he should thereafter learn that the sa&e or si&ilar action or clai& has been filed or is !endin(# he shall re!ort that fact within fi%e (.) da"s therefro& to the court wherein his aforesaid co&!laint or initiator" !leadin( has been filed. ?ailure to co&!l" with the fore(oin( re9uire&ents shall not be curable b" &ere a&end&ent of the co&!laint or other initiator" !leadin( but shall be cause for the dis&issal of the case without !re+udice# unless otherwise !ro%ided# u!on &otion and after hearin(. The sub&ission# of a false certification or non6 co&!liance with an" of the undertakin(s therein shall constitute indirect conte&!t of court# without !re+udice to the corres!ondin( ad&inistrati%e and cri&inal actions. If the acts of the !art" or his counsel clearl" constitute willful and deliberate foru& sho!!in(# the sa&e shall be (round for su&&ar" dis&issal with !re+udice and shall constitute direct conte&!t# as well as a cause for ad&inistrati%e sanctions.

RULE 8

3A--ER OF 3A5!-, ALLE,AT!O-S !PLEA.!-,S SECTION 1. In general .E%er" !leadin( shall contain in a &ethodical and lo(ical for&# a !lain# concise and direct state&ent of the ulti&ate facts on which the !art" !leadin( relies for his clai& or defense# as the case &a" be# o&ittin( the state&ent of &ere e%identiar" facts. If a defense relief on is based on law# the !ertinent !ro%isions thereof and their a!!licabilit" to hi& shall be clearl" and concisel" stated. SEC. . (lternative causes of action or defenses.2) !art" &a" set forth two or &ore state&ents of a clai& or defense alternati%el" or h"!otheticall"# either in one cause of action or defense or in se!arate causes of action or defenses. 2hen two or &ore state&ents are &ade in the alternati%e and one of the& if &ade inde!endentl" would be sufficient# the !leadin(

is not &ade insufficient b" the insufficienc" of one or &ore of the alternati%e state&ents. SEC. '. Conditions precedent.2In an" !leadin( a (eneral a%er&ent of the !erfor&ance or occurrence of all conditions !recedent shall be sufficient. SEC. ,. Capacity.2?acts showin( the ca!acit" of a !art" to sue or be sued or the authorit" of a !art" to sue or be sued in a re!resentati%e ca!acit" or the le(al e$istence of an or(ani-ed association of !ersons that is &ade a !art"# &ust be a%erred. ) !art" desirin( to raise an issue as to the le(al e$istence of an" !art" or the ca!acit" of an" !art" to sue or be sued in a re!resentati%e ca!acit"# shall do so b" s!ecific denial# which shall include such su!!ortin( !articulars as are !eculiarl" within the !leaderCs knowled(e. SEC. .. 4raud, mista)e, condition of the mind.2In all a%er&ents of fraud or &istake# the circu&stances constitutin( fraud or &istake &ust be stated with !articularit". 3alice# intent# knowled(e or other condition of the &ind of a !erson &a" be a%erred (enerall". SEC. /. udgment.2In !leadin( a +ud(&ent or decision of a do&estic or forei(n court# +udicial or 9uasi6+udicial tribunal# or of a board or officer# it is sufficient to a%er the +ud(&ent or decision without settin( forth &atter showin( +urisdiction to render it. SEC. :. (ction or defense based on document.22hene%er an action or defense is based u!on a written instru&ent or docu&ent# the substance of such instru&ent or docu&ent shall be set forth in the !leadin(# and the ori(inal or a co!" thereof shall be attached to the !leadin( as an e$hibit# which shall be dee&ed to be a !art of the !leadin(# or said co!" &a" with like effect be set forth in the !leadin(. SEC. <. 3ow to contest such documents.2 2hen an action or defense is founded u!on a written instru&ent# co!ied in or attached to the corres!ondin( !leadin( as !ro%ided in the !recedin( section# the (enuineness and due e$ecution of the instru&ent shall be dee&ed ad&itted unless the ad%erse !art"# under oath# s!ecificall" denies the&# and sets forth what he clai&s to be the facts1 but the re9uire&ent of an oath does not a!!l" when the ad%erse !art" does not a!!ear to be a !art" to the instru&ent or when co&!liance with an order for an ins!ection of the ori(inal instru&ent is refused. SEC. =. Official document or act.In !leadin( an official docu&ent or official act# it is sufficient to a%er that the docu&ent was issued or the act done in co&!liance with law. SEC. 1>. Specific denial.2) defendant &ust s!ecif" each &aterial alle(ation of fact the truth of which he does not ad&it and# whene%er

!racticable# shall set forth the substance of the &atters u!on which he relies to su!!ort his denial. 2here a defendant desires to den" onl" a !art of an a%er&ent# he shill s!ecif" so &uch of it as is true and &aterial and shall den" onl" the re&ainder. 2here a defendant is without knowled(e or infor&ation sufficient to for& a belief as to the truth of a &aterial a%er&ent &ade in the co&!laint# he shall so state# and this shall ha%e the effect of a denial. SEC. 11. (llegations not specifically denied deemed admitted.23aterial a%er&ent in the co&!laint# other than those as to the a&ount of unli9uidated da&a(es# shall be .dee&ed ad&itted when not s!ecificall" denied. )lle(ations of usur" in a co&!laint to reco%er usurious interest are dee&ed ad&itted if not denied under oath. (1a# R=) SEC. 1 . Stri)ing out of pleading or matter contained therein.27!on &otion &ade b" a !art" before res!ondin( to a !leadin( or# if no res!onsi%e !leadin( is !er&itted by these Rules# u!on &otion &ade b" a !art" within twent" ( >) da"s after the ser%ice of the !leadin( u!on hi&# or u!on the courtCs own initiati%e at an" ti&e# the court &a" order an" !leadin( to be stricken out or that an" sha& or false# redundant# i&&aterial# i&!ertinent# or scandalous &atter be stricken out therefro&. (.# R=)

RULE 9

EFFECT OF FA!LURE TO PLEA. SECTION 1. +efenses and ob"ections not !leaded.Defenses and ob+ections not !leaded either in a &otion to dis&iss or in the answer are dee&ed wai%ed. 8owe%er# when it a!!ears fro& the !leadin(s or the e%idence on record that the court has no +urisdiction o%er the sub+ect &atter# that there is another action !endin( between the sa&e !arties for the sa&e cause# or that the action is barred b" a !rior +ud(&ent or b" statute of li&itations# the court shall dis&iss the clai&. ( a) SEC. . Compulsory counterclaim, or cross&claim, not set up barred.2 ) co&!ulsor" counterclai&# or a cross6clai&# not set u! shall be barred. (,a) SEC. '. +efault; declaration of.2If the defendin( !art" fails to answer within the ti&e allowed therefor# the court shall# u!on &otion of the clai&in( !art" with notice to the defendin( !art"# and !roof of such failure# declare the defendin( !art" in default. Thereu!on# the court shall !roceed to render +ud(&ent (rantin( the clai&ant such relief as his !leadin( &a" warrant# unless the court in its discretion

re9uires the clai&ant to sub&it e%idence. Such rece!tion of e%idence &a" be dele(ated to the clerk of court. (1a# R1<) (a) *ffect of order of default.2) !art" in default shall be entitled to notice of subse9uent !roceedin(s but not to take !art in the trial. ( a# R1<) (b) Relief from order of default.2) !art" declared in default &a" at an" ti&e after notice thereof and before +ud(&ent file a &otion under oath to set aside the order of default u!on !ro!er showin( that his failure to answer was due to fraud# accident# &istake or e$cusable ne(li(ence and that he has a &eritorious defense. In such case# the order of default &a" be set aside on such ter&s and conditions as the +ud(e &a" i&!ose in the interest of +ustice. ('a# R1<) (c) *ffect of partial default.22hen a !leadin( assertin( a clai& states a co&&on cause of action a(ainst se%eral defendin( !arties# so&e of who& answer and the others fail to do so# the court shall tr" the case a(ainst all u!on the answers thus filed and render +ud(&ent u!on the e%idence !resented. (,a# R1<) (d) *,tent of relief to be awarded.2 ) +ud(&ent rendered a(ainst a !art" in default shall not e$ceed the a&ount or be different in kind fro& that !ra"ed for nor award unli9uidated da&a(es. (.a# R1<) (e) #here no defaults allowed.2If the defendin( !art" in an action for annul&ent or declaration of nullit" of &arria(e or for le(al se!aration fails to answer# the court shall order the !rosecutin( attorne" to in%esti(ate whether or not a collusion between the !arties e$ists# and if there is no collusion# to inter%ene for the State in order to see to it that the e%idence sub&itted is not fabricated. (/a# R1<)

) !art" &a" a&end his !leadin( once as a &atter of ri(ht at an" ti&e before a res!onsi%e !leadin( is ser%ed or# in the case of a re!l"# at an" ti&e within ten (1>) da"s after it is ser%ed. ( a) SEC. '. (mendments by leave of court. E$ce!t as !ro%ided in the ne$t !recedin( section# substantial a&end&ents &a" be &ade onl" u!on lea%e of court. *ut such lea%e &a" be refused if it a!!ears to the court that the &otion was &ade with intent to dela". Orders of the court u!on the &atters !ro%ided in this section shall be &ade u!on &otion filed in court# and after notice to the ad%erse !art"# and an o!!ortunit" to be heard. ('a) SEC. ,. 4ormal amendments.2) defect in the desi(nation of the !arties and other clearl" clerical or t"!o(ra!hical errors &a" be su&&aril" corrected b" the court at an" sta(e of the action# at its initiati%e or on &otion# !ro%ided so !re+udice is caused thereb" to the ad%erse !art". (,a) SEC. .. (mendment to conform to or authori5e presentation of evidence.2hen issues not raised b" the !leadin(s are tried with the e$!ress or i&!lied consent of the !arties# the" shall be treated in all res!ects as if the" had been raised in the !leadin(s. Such a&end&ent of the !leadin(s as &a" be necessar" to cause the& to confor& to the e%idence and to raise these issues &a" be &ade u!on &otion of an" !art" at an" ti&e# e%en after +ud(&ent1 but failure to a&end does not affect the result of the trial of these issues. If e%idence is ob+ected to at the trial on the (round that it is not within the issues &ade b" the !leadin(s# the court &a" allow the !leadin(s to be a&ended and shall do so with liberalit" if the !resentation of the &erits of the action and the ends of substantial +ustice will be subser%ed thereb". The court &a" (rant a continuance to enable the a&end&ent to be &ade. (.a) SEC. /. Supplemental pleadings. 2 7!on &otion of a !art" the court &a"# u!on reasonable notice and u!on such ter&s asC are +ust# !er&it hi& to ser%e a su!!le&ental !leadin( settin( forth transactions# occurrences or e%ents which ha%e ha!!ened since the date of the !leadin( sou(ht to be su!!le&ented. The ad%erse !art" &a" !lead thereto within ten (1>) da"s fro& notice of the order ad&ittin( the su!!le&ental !leadin(. (/a) SEC. :. 4iling of amended pleadings.2 2hen an" !leadin( is a&ended# a new co!" of the entire !leadin(# incor!oratin( the a&end&ents# which shall be indicated b" a!!ro!riate &arks# shall be filed. (:a) SEC. <. *ffect of amended pleadings.2 )n a&ended !leadin( su!ersedes the !leadin( that it a&ends. 8owe%er# ad&issions in su!erseded !leadin(s &a" be recei%ed in e%idence a(ainst the !leader1 and clai&s or defenses alle(ed

RULE +:

A3E-.E. A-. SUPPLE3E-TAL PLEA.!-,S SECTION 1. (mendments in general. ;leadin(s &a" be a&ended b" addin( or strikin( out an alle(ation or the na&e of an" !art"# or b" correctin( a &istake in the na&e of a !art" or a &istaken or inade9uate alle(ation or descri!tion in an" other res!ect# so that the actual &erits of the contro%ers" &a" s!eedil" be deter&ined# without re(ard to technicalities# and in the &ost e$!editious and ine$!ensi%e &anner. (1) SEC. . (mendments as a matter of ri(ht.

therein not incor!orated in the !leadin( shall be dee&ed wai%ed. (n)

a&ended

clai&.66) co&!ulsor"# counterclai& or a cross6 clai& that a defendin( !art" has at the ti&e he files his answer shall be contained therein. (<a# R/) SEC. =. Counterclaim or cross&claim arising after answer.2 ) counterclai& or a cross6clai& which either &atured or was ac9uired b" a !art" after ser%in( his !leadin( &a"# with the !er&ission of the court# be !resented as a counterclai& or a cross6clai& b" su!!le&ental !leadin( before +ud(&ent. (=# R/) SEC. 1>. Omitted counterclaim or cross& claim.22hen a !leader fails to set u! a counterclai& or a cross6clai& throu(h o%ersi(ht# inad%ertence# or e$cusable ne(lect# or when +ustice re9uires# he &a"# b" lea%e of court# set u! the counterclai& or cross6clai& b" a&end&ent before +ud(&ent. ('a# R=) SEC. 11. *,tension of time to plead .2 7!on &otion and on such ter&s as &a" be +ust# the court &a" e$tend the ti&e to !lead !ro%ided in these Rules. The court &a" also# u!on like ter&s# allow an answer or other !leadin( to be filed after the ti&e fi$ed b" these Rules. (:)

RULE ++

;<E- TO F!LE RESPO-S! E PLEA.!-,S SECTION 1. (nswer to the co&!laint.The defendant shall file his answer to the co&!laint within fifteen (1.) da"s after ser%ice of su&&ons# unless a different !eriod is fi$ed b" the court. (1a) SEC. . (nswer of a defendant foreign private "uridical entit".2here the defendant is a forei(n !ri%ate +uridical entit" and ser%ice of su&&ons is &ade on the (o%ern&ent official desi(nated b" law to recei%e the sa&e# the answer shall be filed within thirt" ('>) da"s after recei!t of su&&ons b" such entit". ( a) SEC. '. (nswer to amended complaint.2 2here the !laintiff files an a&ended co&!laint as a &atter of ri(ht# the defendant shall answer the sa&e within fifteen (1.) da"s after bein( ser%ed with a co!" thereof. 2here its filin( is not a &atter of ri(ht# the defendant shall answer the a&ended co&!laint within ten (1>) da"s fro& notice of the Order ad&ittin( the sa&e. )n answer earlier filed &a" ser%e as the answer to the a&ended co&!laint# if no new answer is filed. This Rule shall a!!l" to the answer to an a&ended counterclai& a&ended cross6clai&# a&ended third (fourth# etc.) !art" co&!laint# and a&ended co&!laint6in6inter%ention. ('a) SEC. ,. (nswer to counterclaim or cross& claim.2) counterclai& or cross6clai& &ust be answered within ten (1>) da"s fro& ser%ice. (,) SEC. .. (nswer to third /fourth, etc.02 party complaint.2. The ti&e to answer a third (fourth# etc.)!art" co&!laint shall be (o%erned b" the sa&e rule as the answer to the co&!laint. (.a) SEC. /. Reply.2) re!l" &a" be filed within ten (1>) da"s fro& ser%ice of the !leadin( res!onded to. (/) SEC. :. (nswer to supplemental complaint. 2) su!!le&ental co&!laint &a" be answered within ten (1>) da"s fro& notice of the order ad&ittin( the sa&e# unless a different !eriod is fi$ed b" the court. The answer to the co&!laint shall ser%e as the answer to the su!!le&ental co&!laint if no new or su!!le&ental answer is filed. (a) SEC. <. *,isting counterclaim or cross6

RULE +0

)!LL OF PART!CULARS SECTION 16 #hen applied for; purpose. *efore res!ondin( to a !leadin(# a !art" &a" &o%e for a definite state&ent or for a bill of !articulars of an" &atter which is not a%erred with sufficient definiteness or !articularit" to enable hi& !ro!erl" to !re!are his res!onsi%e !leadin(. If the !leadin( is a re!l"# the &otion &ust be filed within ten (1>) da"s fro& ser%ice thereof. Such &otion shall !oint out the defects co&!lained of# the !ara(ra!hs wherein the" are contained# and the details desired. (1a) SEC. . (ction by the court.7!on the filin( of the &otion# the clerk of court &ust i&&ediatel" brin( it to the attention of the court which &a" either den" or (rant it outri(ht# or allow the !arties the o!!ortunit" to be heard. (n) SEC. '. Compliance with order.2If the &otion is (ranted# either in whole or in !art# the co&!liance therewith &ust be effected within ten (1>) da"s fro& notice of the order# unless a different !eriod is fi$ed b" the court. The bill of !articulars or a &ore definite state&ent ordered b" the court &a" be filed either in a se!arate or in an a&ended !leadin(# ser%in( a co!" thereof on the ad%erse !art". (n)

SEC. ,. *ffect of non&compliance.2If the order is not obe"ed# or in case of insufficient co&!liance therewith# the court &a" order the strikin( out of the !leadin( or the !ortions thereof to which the order was directed or &ake such other order as it dee&s +ust. (1AcBa) SEC. .. Stay of period to file responsive pleading2)fter ser%ice of the bill of !articulars or of a &ore definite !leadin(# or after notice of denial of his &otion# the &o%in( !art" &a" file his res!onsi%e !leadin( within the !eriod to which he was entitled at the ti&e of filin( his &otion# which shall not be less than fi%e (.) da"s in an" e%ent. (1AbBa) SEC /. 1ill a part of pleading.2) bill of !articulars beco&es !art of the !leadin( for which it is intended. (1AaBa)

SEC. ,. $apers re6uired to be filed and ser%ed. E%er" +ud(&ent# resolution# order# !leadin( subse9uent to the co&!laint# written &otion# notice# a!!earance# de&and# offer of +ud(&ent or si&ilar !a!ers shall be filed with the court# and ser%ed u!on the !arties affected. ( a) SEC. .. !odes of ser%ice.Ser%ice of !leadin(s# &otions# notices# orders# +ud(&ents and other !a!ers shall be &ade either !ersonall" or b" &ail. ('a) SEC. /. $ersonal service.2Ser%ice of the !a!ers &a" be &ade b" deli%erin( !ersonall" a co!" to the !art" or his counsel# or b" lea%in( it in his office with his clerk or with a !erson ha%in( char(e thereof. If no !erson is found in his office# or his office is not known# or he has no office# then b" lea%in( the co!"# between the hours of ei(ht in the &ornin( and si$ in the e%enin(# at the !art"Cs or counselCs residence# if known# with a !erson of sufficient a(e and discretion then residin( therein. (,a) SEC. :. Service by mail.Ser%ice b" re(istered &ail shall be &ade b" de!ositin( the co!" in the office# in a sealed en%elo!e# !lainl" addressed to the !art" or his counsel at his office# if known# otherwise at his residence# if known# with !osta(e full" !re!aid# and with instructions to the !ost&aster to return the &ail to the sender after ten (1>) da"s if undeli%ered. If no re(istr" ser%ice is a%ailable in the localit" of either the sender or the addressee# ser%ice &a" be done b" ordinar" &ail. (.a) SEC. <. Substituted service.If ser%ice of !leadin(s# &otions# notices# resolutions# orders and other !a!ers cannot be &ade under the two !recedin( sections# the office and !lace of residence of the !art" or his counsel bein( unknown# ser%ice &a" be &ade b" deli%erin( the co!" to the clerk of court# with !roof of failure of both !ersonal ser%ice and ser%ice b" &ail. The ser%ice is co&!lete at the ti&e of such deli%er". SEC. =. Service of "udgments, final orders, or resolutions.2Eud(&ents# final orders or resolutions shall be ser%ed either !ersonall" or b" re(istered &ail. 2hen a !art" su&&oned b" !ublication has failed to a!!ear in the action# +ud(&ents# final orders or resolutions a(ainst hi& shall be ser%ed u!on hi& also b" !ublication at the e$!ense of the !re%ailin( !art". SEC. 1>. Completeness of ser%ice. ;ersonal ser%ice is co&!lete u!on actual deli%er". Ser%ice b" ordinar" &ail is co&!lete u!on the e$!iration of ten (1>) da"s after &ailin(# unless the court otherwise !ro%ides. Ser%ice b" re(istered &ail is co&!lete u!on actual recei!t b" the addressee# or after fi%e (.) da"s fro& the date he recei%ed the first notice of the !ost&aster# whiche%er date is earlier. SEC. 11. $riorities in modes of service and

RULE +1

F!L!-, A-. SER !CE OF PLEA.!-,S" =U.,3E-TS A-. OT<ER PAPERS SECTION 1. Coverage .This Rule shall (o%ern the filin( of all !leadin(s and other !a!ers# as well as the ser%ice thereof# e$ce!t those for which a different &ode of ser%ice is !rescribed. (n) SEC. . 4iling and service, defined.?ilin( is the act of !resentin( the !leadin( or other !a!er to the clerk of court. Ser%ice is the act of !ro%idin( a !art" with a co!" of the !leadin( or !a!er concerned. If an" !art" has a!!eared b" counsel# ser%ice u!on hi& shall be &ade u!on his counsel or one of the&# unless ser%ice u!on the !art" hi&self is ordered b" the court. 2here one counsel a!!ears for se%eral !arties# he shall onl" be entitled to one co!" of an" !a!er ser%ed u!on hi& b" the o!!osite side. ( a) SEC. '. !anner of filing .The filin( of !leadin(s# a!!earances# &otions# notices# orders# +ud(&ents and all other !a!ers shall be &ade b" !resentin( the ori(inal co!ies thereof# !lainl" indicated as such# !ersonall" to the clerk of court or b" sendin( the& b" re(istered &ail. In the first case# the clerk of court shall endorse on the !leadin( the date and hour of filin(. In the second case# the date of the &ailin( of &otions# !leadin(s# or an" other !a!ers or !a"&ents or de!osits# as shown b" the !ost office sta&! on the en%elo!e or the re(istr" recei!t# shall be considered as the date of their filin(# !a"&ent# or de!osit in court. The en%elo!e shall be attached to the record of the case. (1a)

filin( 2hene%er !racticable# the ser%ice and filin( of !leadin(s and other !a!ers shall be done !ersonall". E$ce!t with res!ect to !a!ers e&anatin( fro& the court# a resort to other &odes &ust be acco&!anied b" a written e$!lanation wh" the ser%ice or filin( was not done !ersonall". ) %iolation of this Rule &a" be cause to consider the !a!er as not filed. SEC. 1 . $roof of filing. 2The filin( of a !leadin( or !a!er shall be !ro%ed b" its e$istence in the record of the case. if it is not in the record# but is clai&ed to ha%e been filed !ersonall"# the filin( shall be !ro%ed b" the written or sta&!ed acknowled(&ent of its filin( b" the clerk of court on a co!" of the sa&e1 if filed b" re(istered &ail# b" the re(istr" recei!t and b" the affida%it of the !erson who did the &ailin(# containin( a full state&ent of the date and !lace of de!ositin( the &ail in the !ost office in a sealed en%elo!e addressed to the court# with !osta(e full" !re!aid# and with instructions to the !ost&aster to return the &ail to the sender after ten (1>) da"s if not deli%ered. SEC. 1'. $roof of service.2;roof of !ersonal ser%ice shall consist of a written ad&ission of the !art" ser%ed# or the official return of the ser%er# or the affida%it of the !art" ser%in(# containin( a full state&ent of the date# !lace and &anner of ser%ice. If the ser%ice is b" ordinar" &ail# !roof thereof shall consist of an affida%it of the !erson &ailin( of facts showin( co&!liance with section : of this Rule. If ser%ice is &ade b" re(istered &ail# !roof shall be &ade b" such affida%it and the re(istr" recei!t issued b" the &ailin( office. The re(istr" return card shall be filed i&&ediatel" u!on its recei!t b" the sender# or in lieu thereof of the unclai&ed letter to(ether with the certified or sworn co!" of the notice (i%en b" the !ost&aster to the addressee. SEC. 1,. %otice of lis pendens.2In an action affectin( the title or the ri(ht of !ossession of real !ro!ert"# the !laintiff and the defendant# when affir&ati%e relief is clai&ed in his answer# &a" record in the office of the re(istr" of deeds of the !ro%ince in which the !ro!ert" is situated a notice of the !endenc" of the action. Said notice shall contain the na&es of the !arties and the ob+ect of the action or defense# and a descri!tion of the !ro!ert" in that !ro%ince affected thereb". Onl" fro& the ti&e of filin( such notice for record shall a !urchaser# or encu&brancer of the !ro!ert" affected thereb"# be dee&ed to ha%e constructi%e notice of the !endenc" of the action# and onl" of its !endenc" a(ainst the !arties desi(nated b" their real na&es. The notice of lis pendens hereinabo%e &entioned &a" be cancelled onl" u!on order of the court# after !ro!er showin( that the notice is for the !ur!ose of &olestin( the ad%erse !art"# or that it is not necessar" to !rotect the ri(hts of

the !art" who caused it to be recorded.

RULE +2

SU33O-S SECTION 16 Cler) to issue summons.2 7!on the filin( of the co&!laint and the !a"&ent of the re9uisite le(al fees# the clerk of court shall forthwith issue the corres!ondin( su&&ons to the defendants. SEC6 . Contents.2The su&&ons shall be directed to the defendant# si(ned b" the clerk of court under seal# and contain0 (a) the na&e of the court and the na&es of the !arties to the action1 (b) a direction that the defendant answer within the ti&e fi$ed b" these Rules1 (c) a notice that unless the defendant so answers# !laintiff will take +ud(&ent b" default and &a" be (ranted the relief a!!lied for. ) co!" of the co&!laint and order for a!!oint&ent of (uardian ad litem, if an"# shall be attached to the ori(inal and each co!" of the su&&ons. SEC. '. 1y whom served.The su&&ons &a" be ser%ed b" the sheriff# his de!ut"# or other !ro!er court officer# or for +ustifiable reasons b" an" suitable !erson authori-ed b" the court issuin( the su&&ons. SEC. ,. Return.2hen the ser%ice has been co&!leted# the ser%er shall# within fi%e (.) da"s therefro&# ser%e a co!" of the return# !ersonall" or b" re(istered &ail# to the !laintiffCs counsel# and shall return the su&&ons to the clerk who issued it# acco&!anied b" !roof of ser%ice. (/a) SEC. .. Issuance of alias summons.2 If a su&&ons is returned without bein( ser%ed on an" or all of the defendants# the ser%er shall also ser%e a co!" of the return on the !laintiffCs counsel# statin( the reasons for the failure of ser%ice# within fi%e (.) da"s therefro&. In such a case# or if the su&&ons has been lost# the clerk# on de&and of the !laintiff# &a" issue an alias su&&ons. SEC. /. Service in person on defendant. 2 2hene%er !racticable# the su&&ons shall be ser%ed handin( a co!" thereof to the defendant in !erson# or# if he refuses to recei%e and si(n for it# b" tenderin( it to hi&. SEC. :. Substituted service.2 If, for +ustifiable causes# the defendant cannot be ser%ed within a reasonable ti&e as !ro%ided in the !recedin( section# ser%ice &a" be effected (a) b" lea%in( co!ies of the su&&ons at the defendantCs residence with so&e !erson of

suitable a(e and discretion then residin( therein# or (b) b" lea%in( the co!ies at defendantCs office or re(ular !lace of business with so&e co&!etent !erson in char(e thereof. SEC <. Service upon entity without "uridical personality.2 2hen !ersons associated in an entit" without +uridical !ersonalit" are sued under the na&e b" which the" are (enerall" or co&&onl" known# ser%ice &a" be effected u!on all the defendants b" ser%in( u!on an" one of the&# or u!on the !erson in char(e of the office or !lace of business &aintained in such na&e. *ut such ser%ice shall not bind indi%iduall" an" !erson whose connection with the entit" has# u!on due notice# been se%ered before the action was brou(ht. SEC. =. Service upon prisoners.22hen the defendant is a !risoner confined in a +ail or institution# ser%ice shall be effected u!on hi& b" the officer ha%in( the &ana(e&ent of such +ail or institution who is dee&ed de!uti-ed as a s!ecial sheriff for said !ur!ose. SEC. 1>. Service upon minors and incompetents 2 2hen the defendant is a &inor# insane or otherwise an inco&!etent# ser%ice shall be &ade u!on hi& !ersonall" and on his le(al (uardian if he has one# or if none# u!on his (uardian ad litem whose a!!oint&ent shall be a!!lied for b" the !laintiff. In the case of a &inor# ser%ice &a" also be &ade on his father or &other. SEC. 11. Service upon domestic private "uridical entity.22hen the defendant is a cor!oration# !artnershi! or association or(ani-ed under the laws of the ;hili!!ines with a +uridical !ersonalit"# ser%ice &a" be &ade on the !resident# &ana(in( !artner# (eneral &ana(er# cor!orate secretar"# treasurer# or in6house counsel. SEC. 1 . Service upon foreign private "uridical entity.22hen the defendant is a forei(n !ri%ate +uridical entit" which has transacted business in the ;hili!!ines# ser%ice &a" be &ade on its resident a(ent desi(nated in accordance with law for that !ur!ose# or# if there be no such a(ent# on the (o%ern&ent official desi(nated b" law to that effect# or on an" of its officers or a(ents within the ;hili!!ines. SEC. 1'. Service upon public corporations. 2hen the defendant is the Re!ublic of the ;hili!!ines# ser%ice &a" be effected on the Solicitor @eneral1 in case of a !ro%ince# cit" or &unici!alit"# or like !ublic cor!orations# ser%ice &a" be effected on its e$ecuti%e head# or on such other officer or officers as the law or the court &a" direct. SEC. 1,. Service upon defendant whose identity or whereabouts are un)nown.2In an" action where the defendant is desi(nated as an unknown owner# or the like# or whene%er his

whereabouts are unknown and cannot be ascertained b" dili(ent in9uir"# ser%ice &a"# b" lea%e of court# be effected u!on hi& b" !ublication in a news!a!er of (eneral circulation and in such !laces and for such ti&e as the court &a" order. SEC. 1.. *,traterritorial service.22hen the defendant does not reside and is not found in the ;hili!!ines# and the action affects the !ersonal status of the !laintiff or relates to# or the sub+ect of which is# !ro!ert" within the ;hili!!ines# in which the defendant has or clai&s a lien or interest# actual or contin(ent1 or in which the relief de&anded consists# wholl" or in !art# in e$cludin( the defendant fro& an" interest therein# or the !ro!ert" of the defendant has been attached within the ;hili!!ines# ser%ice &a"# b" lea%e of court# be effected out of the ;hili!!ines b" !ersonal ser%ice as under section /1 or b" !ublication in a news!a!er of (eneral circulation in such !laces and for such ti&e as the court &a" order# in which case a co!" of the su&&ons and order of the court shall be sent b" re(istered &ail to the last known address of the defendant# or in an" other &anner the court &a" dee& sufficient. )n" order (rantin( such lea%e shall s!ecif" a reasonable ti&e# which shall not be less than si$t" (/>) da"s after notice# within which the defendant &ust answer. SEC. 1/. Residents temporarily out of the $hilippines.22hen an" action is co&&enced a(ainst a defendant who ordinaril" resides within the ;hili!!ines# but who is te&!oraril" out of it# ser%ice &a"# b" lea%e of court# be also effected out of the ;hili!!ines# as under the !recedin( section. SEC. 1:. 7eave of court.2)n" a!!lication to the court under this Rule for lea%e to effect ser%ice in an" &anner for which lea%e of court is necessar" shall be &ade b" &otion in writin(# su!!orted b" affida%it of the !laintiff or so&e !erson on his behalf settin( forth the (rounds for the a!!lication. SEC. 1<. $roof of service.2The !roof of ser%ice of a su&&ons shall be &ade in writin( b" the ser%er and shall set forth the &anner# !lace# and date of ser%ice1 shall s!ecif" an" !a!ers which ha%e been ser%ed with the !rocess and the na&e of the !erson who recei%ed the sa&e1 and shall be sworn to when &ade b" a !erson other than a sheriff or his de!ut". SEC. 1=. $roof of service by publication.2If the ser%ice has been &ade b" !ublication# ser%ice &a" be !ro%ed b" the affida%it of the !rinter# his fore&an or !rinci!al clerk# or of the editor# business or ad%ertisin( &ana(er# to which affida%it a co!" of the !ublication shall be attached# and b" an affida%it showin( the de!osit of a co!" of the su&&ons and order for !ublication in the !ost office# !osta(e !re!aid# directed to the defendant b" re(istered &ail to

his last known address. SEC. >. .oluntary appearance.2The defendantCs %oluntar" a!!earance in the action shall be e9ui%alent to ser%ice of su&&ons. The inclusion in a &otion to dis&iss of other (rounds aside fro& lack of +urisdiction o%er the !erson of the defendant shall not be dee&ed a %oluntar" a!!earance.

a%ailable# and all ob+ections not so included shall be dee&ed wai%ed. SEC. =. !otion for leave.2) &otion for lea%e to file a !leadin( or &otion shall be acco&!anied b" the !leadin( or &otion sou(ht to be ad&itted. SEC. 1>. 4orm.2The Rules a!!licable to !leadin(s shall a!!l" to written &otions so far as concerns ca!tion# desi(nation# si(nature# and other &atters of for&.

RULE +5 RULE +4 3OT!O-S SECTION 1. !otion defined.2) &otion is an a!!lication for relief other than b" a !leadin(. (1a) SEC. . !otions must be in writing.2)ll &otions shall be in writin( e$ce!t those &ade in o!en court or in the course of a hearin( or trial. SEC. '. Contents.2) &otion shall state the relief sou(ht to be obtained and the (rounds u!on which it is based# and if re9uired b" these Rules or necessar" to !ro%e facts alle(ed therein# shall be acco&!anied b" su!!ortin( affida%its and other !a!ers. SEC. ,. 3earing of motion.E$ce!t for &otions which the court &a" act u!on without !re+udicin( the ri(hts of the ad%erse !art"# e%er" written &otion shall be set for hearin( b" the a!!licant. E%er" written &otion re9uired to be heard and the notice of the hearin( thereof shall be ser%ed in such a &anner as to ensure its recei!t b" the other !art" at least three (') da"s before the date of hearin(# unless the court for (ood cause sets the hearin( on shorter notice. SEC. .. %otice of hearing.2The notice of hearin( shall be addressed to all !arties concerned# and shall s!ecif" the ti&e and date of the hearin( which &ust not be later than ten (1>) da"s after the filin( of the &otion. SEC. /. $roof of service necessary.2No written &otion set for hearin( shall be acted u!on b" the court without !roof of ser%ice thereof. SEC. :. !otion da".E$ce!t for &otions re9uirin( i&&ediate action# all &otions shall be scheduled for hearin( on ?rida" afternoons# or if ?rida" is a non6workin( da"# in the afternoon of the ne$t workin( da". SEC. <. Omnibus motion.2Sub+ect to the !ro%isions of section 1 of Rule =# a &otion attackin( a !leadin(# order# +ud(&ent# or !roceedin( shall include all ob+ections then 3OT!O- TO .!S3!SS SECTION 1. -rounds.22ithin the ti&e for but before filin( the answer to the co&!laint or !leadin( assertin( a clai&# a &otion to dis&iss &a" be &ade on an" of the followin( (rounds0 (a) That the court has no +urisdiction o%er the !erson of the defendin( !art"1 (b) That the court has no +urisdiction o%er the sub+ect &atter of the clai&1 (c) That %enue is i&!ro!erl" laid1 (d) That the !laintiff has no le(al ca!acit" to sue1 (e) That there is another action !endin( between the sa&e !arties for the sa&e cause1 (f) That the cause of action is barred b" a !rior +ud(&ent or b" the statute of li&itations1 (() That the !leadin( assertin( the clai& states no cause of action1 (h) That the clai& or de&and set forth in the !laintiffCs !leadin( has been !aid# wai%ed# abandoned# or otherwise e$tin(uished1 (i) That the clai& on which the action is founded is unenforceable under the !ro%isions of the statute of frauds1 and (+) That a condition !recedent for filin( the clai& has not been co&!lied with. SEC. . 3earing of motion.2)t the hearin( of the &otion# the !arties shall sub&it their ar(u&ents on the 9uestions of law and their e%idence on the 9uestions of fact in%ol%ed e$ce!t those not a%ailable at that ti&e. Should the case (o to trial# the e%idence !resented durin( the hearin( shall auto&aticall" be !art of the e%idence of the !art" !resentin( the sa&e. SEC. '. Resolution of motion.2)fter the hearin(# the court &a" dis&iss the action or clai&# den" the &otion# or order the a&end&ent

of the !leadin(. The court shall not defer the resolution of the &otion for the reason that the (round relied u!on is not indubitable. In e%er" case# the resolution shall state clearl" and distinctl" the reasons therefor. ('a) SEC. ,. Time to plead.2If the &otion is denied# the &o%ant shall file his answer within the balance of the !eriod !rescribed b" Rule 11 to which he was entitled at the ti&e of ser%in( his &otion# but not less than fi%e (.) da"s in an" e%ent# co&!uted fro& his recei!t of the notice of the denial. If the !leadin( is ordered to be a&ended# he shall file his answer within the !eriod !rescribed b" Rule 11 counted fro& ser%ice of the a&ended !leadin(# unless the court !ro%ides a lon(er !eriod. (,a) SEC. .. *ffect of dismissal.Sub+ect to the ri(ht of a!!eal# an order (rantin( a &otion to dis&iss based on !ara(ra!hs (f)# (h) and (i) of section 1 hereof shall bar the refilin( of the sa&e action or clai&. (n) SEC. /. $leading grounds as affirmative defenses.2If no &otion to dis&iss has been filed# an" of the (rounds for dis&issal !ro%ided for in this Rule &a" be !leaded as an affir&ati%e defense in the answer and# in the discretion of the court# a !reli&inar" hearin( &a" be had thereon as if a &otion to dis&iss had been filed. (.a) The dis&issal of the co&!laint under this section shall be without !re+udice to the !rosecution in the sa&e or se!arate action of a counterclai& !leaded in the answer. (n)

dee&s !ro!er. If a counterclai& has been !leaded b" a defendant !rior to the ser%ice u!on hi& of the !laintiffCs &otion for dis&issal# the dis&issal shall be li&ited to the co&!laint. The dis&issal shall be without !re+udice to the ri(ht of the defendant to !rosecute his counterclai& in a se!arate action unless within fifteen (1.) da"s fro& notice of the &otion he &anifests his !reference to ha%e his counterclai& resol%ed in the sa&e action. 7nless otherwise s!ecified in the order# a dis&issal under this !ara(ra!h shall be without !re+udice. ) class suit shall not be dis&issed or co&!ro&ised without the a!!ro%al of the court. ( a) SEC. '. +ismissal due to fault of plaintiff.2 If, for no +ustifiable cause# the !laintiff fails to a!!ear on the date of the !resentation of his e%idence in chief on the co&!laint# or to !rosecute his action for an unreasonable len(th of ti&e# or to co&!l" with these Rules or an" order of the court# the co&!laint &a" be dis&issed u!on &otion of the defendant or u!on the courtCs own &otion# without !re+udice to the ri(ht of the defendant to !rosecute his counterclai& in the sa&e or in a se!arate action. This dis&issal shall ha%e the effect of an ad+udication u!on the &erits# unless otherwise declared b" the court. ('a) SEC. ,. +ismissal of counterclaim, cross& claim, or third&party complaint.2 The !ro%isions of this Rule shall a!!l". to the dis&issal of an" counterclai&# cross6clai&# or third6!art" co&!laint. ) %oluntar" dis&issal b" the clai&ant b" notice as in section 1 of this Rule# shall be &ade before a res!onsi%e !leadin( or a &otion for su&&ar" +ud(&ent is ser%ed or# if there is none# before the introduction of e%idence at the trial or hearin(. (,n)

RULE +7 RULE +8

.!S3!SSAL OF ACT!O-S SECTION 1. +ismissal upon notice by !laintiff.) co&!laint &a" be dis&issed b" the !laintiff b" filin( a notice of dis&issal at an" ti&e before ser%ice of the answer or of a &otion for su&&ar" +ud(&ent. 7!on such notice bein( filed# the court shall issue an order confir&in( the dis&issal. 7nless otherwise stated in the notice# the dis&issal is without !re+udice# e$ce!t that a notice o!erates as an ad+udication u!on the &erits when filed b" a !laintiff who has once dis&issed in a co&!etent court an action based on or includin( the sa&e clai&. (1a) SEC. . +ismissal upon motion of plaintiff. 2*,cept as !ro%ided in the !recedin( section# a co&!laint shall not be dis&issed at the !laintiffCs instance sa%e u!on a!!ro%al of the court and u!on such ter&s and conditions as the court PRE>TR!AL SECTION 1. #hen conducted .)fter the last !leadin( has been ser%ed and filed# it shall be the dut" of the !laintiff to !ro&!tl" &o%e e, parte that the case be set for !re6trial. (.a# R >) SEC. . %ature and purpose.2The !re6trial is &andator". The court shall consider0 (a) The !ossibilit" of an a&icable settle&ent or of a sub&ission to alternati%e &odes of dis!ute resolution1 (b) The si&!lification of the issues1 (c) The necessit" or a&end&ents to the !leadin(s1 desirabilit" of

(d) The !ossibilit" of obtainin( sti!ulations

or ad&issions of facts and of docu&ents to a%oid unnecessar" !roof1 (e) The witnesses1 li&itation of the nu&ber of

(e) ) &anifestation of their ha%in( a%ailed or then intention to a%ail the&sel%es of disco%er" !rocedures or referral to co&&issioners1 and (f) The nu&ber and na&es of the witnesses# and the substance of their res!ecti%e testi&onies. ?ailure to file the !re6trial brief shall ha%e the sa&e effect as failure to a!!ear at the !re6 trial. (n) SEC. :. Record of pre&trial.2The !roceedin(s in the !retrial shall be recorded. 7!on the ter&ination thereof# the court shall issue an order which shall recite in detail the &atters taken u! in the conference1 the action taken thereon# the a&end&ents allowed to the !leadin(s# and the a(ree&ents or ad&issions &ade b" the !arties as to an" of the &atters considered. Should the action !roceed to trial# the order shall e$!licitl" define and li&it the issues to be tried. The contents of the order shall control the subse9uent course of the action# unless &odified before trial to !re%ent &anifest in+ustice. (.a# R >)

(f) The ad%isabilit" of a !reli&inar" reference of issues to a co&&issioner1 (() The !ro!riet" of renderin( +ud(&ent on the !leadin(s# or su&&ar" +ud(&ent# or of dis&issin( the action should a %alid (round therefor be found to e$ist1 (h) The ad%isabilit" or sus!endin( the !roceedin(s1 and necessit" of

(i) Such other &atters as &a" aid in the !ro&!t dis!osition of the action. (1a# R >) SEC. '. %otice of pre&trial.2The notice of !re6trial shall be ser%ed on counsel# or on the !art" who has no counsel. The counsel ser%ed with such notice is char(ed with the dut" of notif"in( the !art" re!resented b" hi&. (n) SEC. ,. (ppearance of parties.2It shall be the dut" of the !arties and their counsel to a!!ear at the !re6trial. The non6a!!earance of a !art" &a" be e$cused onl" if a %alid cause is shown therefor or if a re!resentati%e shall a!!ear in his behalf full" authori-ed in writin( to enter into an a&icable settle&ent# to sub&it to alternati%e &odes of dis!ute resolution# and to enter into sti!ulations or ad&issions of facts and of docu&ents. (n) SEC. .. *ffect of failure to appear.2The failure of the !laintiff to a!!ear when so re9uired !ursuant to the ne$t !recedin( section shall be cause for dis&issal of the action. The dis&issal shall be with !re+udice# unless otherwise ordered b" the court. ) si&ilar failure on the !art of the defendant shall be cause to allow the !laintiff to !resent his e%idence e, parte and the court to render +ud(&ent on the basis thereof. ( a# R >) SEC. /. $re&trial brief.2The !arties shall file with the court and ser%e on the ad%erse !art"# in such &anner as shall ensure their recei!t thereof at least three (') da"s before the date of the !re6trial# their res!ecti%e !re6trial briefs which shall contain# a&on( others0 (a) ) state&ent of their willin(ness to enter into a&icable settle&ent or alternati%e &odes of dis!ute resolution# indicatin( the desired ter&s thereof1 (b) ) su&&ar" of ad&itted facts and !ro!osed sti!ulation of facts1 (c) The resol%ed1 issues to be tried or

RULE +9

!-TER E-T!OSECTION 1. #ho may intervene.2) !erson who has a le(al interest in the &atter in liti(ation# or in the success of either of the !arties# or an interest a(ainst both# or is so situated as to be ad%ersel" affected b" a distribution or other dis!osition of !ro!ert" in the custod" of the court or of an officer thereof &a"# with lea%e of court# be allowed to inter%ene in the action. The court shall consider whether or not the inter%ention will undul" dela" or !re+udice the ad+udication of the ri(hts of the ori(inal !arties# and whether or not the inter%enorCs ri(hts &a" be full" !rotected in a se!arate !roceedin(. ( AaB# AbBa# R1 ) SEC. . Time to intervene.FThe &otion to inter%ene &a" be filed at an" ti&e before rendition of +ud(&ent b" the trial court. ) co!" of the !leadin(6in6inter%ention shall be attached to the &otion and ser%ed on the ori(inal !arties. (n) SEC. '. $leadings&in&intervention.FThe inter%enor shall file a co&!laint6in6inter%ention if he asserts a clai& a(ainst either or all of the ori(inal !arties# or an answer6in6inter%ention if he unites with the defendin( !art" in resistin( a clai& a(ainst the latter. ( AcBa# R1 ) SEC. ,. (nswer to complaint&in&

(d) The docu&ents or e$hibits to be !resented# statin( the !ur!ose thereof1

intervention.FThe answer to the co&!laint6in6 inter%ention shall be filed within fifteen (1.) da"s fro& notice of the order ad&ittin( the sa&e# unless a different !eriod is fi$ed b" the court. ( AdBa# R1 )

!endin( within the ;hili!!ines. 2hen a!!lication for a sub!oena to a !risoner is &ade# the +ud(e or officer shall e$a&ine and stud" carefull" such a!!lication to deter&ine whether the sa&e is &ade for a %alid !ur!ose. No !risoner sentenced to death# reclusion perpetua or life i&!rison&ent and who is confined in an" !enal institution shall be brou(ht outside the said !enal institution for a!!earance or attendance in an" court unless authori-ed b" the Su!re&e Court. ( a# R ') SEC. '. 4orm and contents.2) sub!oena shall state the na&e of the court and the title of the action or in%esti(ation# shall be directed to the !erson whose attendance is re9uired# and in the case of a sub!oena duces tecum, it shall also contain a reasonable descri!tion of the books# docu&ents or thin(s de&anded which &ust a!!ear to the court prima facie rele%ant. ('a# R ') SEC. ,. 8uashing a subpoena.2The court &a" 9uash a sub!oena duces tecum u!on &otion !ro&!tl" &ade and# in an" e%ent# at or before the ti&e s!ecified therein if it is unreasonable and o!!ressi%e# or the rele%anc" of the books# docu&ents or thin(s does not a!!ear# or if the !erson in whose behalf the sub!oena is issued fails to ad%ance the reasonable cost of the !roduction thereof. The court &a" 9uash a sub!oena ad testificandum on the (round that the witness is not bound thereb". In either case# the sub!oena &a" be 9uashed on the (round that the witness fees and kilo&etra(e allowed b" these Rules were not tendered when the sub!oena was ser%ed. (,a# R ') SEC. .. Subpoena for depositions.2;roof of ser%ice of a notice to take a de!osition# as !ro%ided in sections 1. and . of Rule '# shall constitute sufficient authori-ation for the issuance of sub!oenas for the !ersons na&ed in said notice b" the clerk of the court of the !lace in which the de!osition is to be taken. The clerk shall not# howe%er# issue a sub!oena duces tecum to an" such !erson without an order of the court. (.a# R ') SEC. /. Service.Ser%ice of a sub!oena shall be &ade in the sa&e &anner as !ersonal or substituted ser%ice of su&&ons. The ori(inal shall be e$hibited and a co!" thereof deli%ered to the !erson on who& it is ser%ed# tenderin( to hi& the fees for one da"Cs attendance and the kilo&etra(e allowed b" these Rules# e$ce!t that# when a sub!oena is issued b" or on behalf of the Re!ublic of the ;hili!!ines or an officer or a(enc" thereof# the tender need not be &ade. The ser%ice &ust be &ade so as to allow the witness a reasonable ti&e for !re!aration and tra%el of the !lace of attendance. If the sub!oena is duces tecum, the reasonable cost of

RULE 0:

CALE-.AR OF CASES SECTION 1. Calendar of cases.FThe clerk of court# under the direct su!er%ision of the +ud(e# shall kee! a calendar of cases for !re6 trial# for trial# those whose trials were ad+ourned or !ost!oned# and those with &otions to set for hearin(. ;reference shall be (i%en to habeas corpus cases# election cases# s!ecial ci%il actions# and those so re9uired b" law. (1a# R ) SEC. . (ssignment of cases.FThe assi(n&ent of cases to the different branches of court shall be done e$clusi%el" b" raffle. The assi(n&ent shall be done in o!en session of which ade9uate notice shall be (i%en so as to afford interested !arties the o!!ortunit" to be !resent (:a# R )

RULE 0+

SU)POE-A SECTION 1. Subpoena and subpoena duces tecum.2 Sub!oena is a !rocess directed to a !erson re9uirin( hi& to attend and to testif" at the hearin( or the trial of an action# or at an" in%esti(ation conducted b" co&!etent authorit"# or for the takin( of his de!osition. It &a" also re9uire hi& to brin( with hi& an" books# docu&ents# or other thin(s under his control# in which case it is called a sub!oena duces tecum. (1a# R ') SEC. . 1y whom issued.2The sub!oena &a" be issued b" a) the court before who& the witness is re9uired to attend1 b) the court of the de!osition is to be taken1 !lace where the

c) the officer or bod" authori-ed b" law to do so in connection with in%esti(ations conducted b" said officer or bod"1 or d) an" Eustice of the Su!re&e Court or of the Court of )!!eals in an" case or in%esti(ation

!roducin( the books# docu&ents or thin(s de&anded shall also be tendered. (/a# R ') SEC. :. $ersonal appearance in court.) !erson !resent in court before a +udicial officer &a" be re9uired to testif" as if he were in attendance u!on a sub!oena issued b" such court or officer. (1># R ') SEC. <. Compelling attendance.2In case of failure of a witness to attend# the court or +ud(e issuin( the sub!oena# u!on !roof of the ser%ice thereof and of the failure of the witness# &a" issue a warrant to the sheriff of the !ro%ince# or his de!ut"# to arrest the witness and brin( hi& before the court or officer where his attendance is re9uired# and the cost of such warrant and sei-ure of such witness shall be !aid b" the witness if the court issuin( it shall deter&ine that his failure to answer the sub!oena was willful and without +ust e$cuse. (11# R ') SEC. =. Contempt2?ailure b" an" !erson without ade9uate cause to obe" a sub!oena ser%ed u!on hi& shall dee&ed a conte&!t of the court fro& which the sub!oena is issued. If the sub!oena was not issued b" a court# the disobedience thereto shall be !unished in accordance with the a!!licable law or Rule (1 a# R ') SEC. 1>. *,ceptions.2The !ro%isions of sections < and 9 this Rule shall not a!!l" to a witness who resides &ore than one hundred (1>>) kilo&eters fro& his residence to the !lace where he is to testif" b" the ordinar" course of tra%el# or to a detention !risoner if no !er&ission of the court in which his case is !endin( was obtained. (=a# R ')

The da" of the act that caused interru!tion shall be e$cluded in co&!utation of the !eriod. (n)

the the

RULE 01

.EPOS!T!O-S PE-.!-, ACT!OSECTION 1. +epositions pending action, when may be ta)en.*" lea%e of court after +urisdiction has been obtained o%er an" defendant or o%er !ro!ert" which is the sub+ect of the action# without such lea%e after an answer has been ser%ed# the testi&on" of an" !erson# whether a !art" or not# &a" be taken# at the instance of an" !art"# b" de!osition u!on oral e$a&ination or written interro(atories. The attendance of witnesses &a" be co&!elled b" the use of a sub!oena as !ro%ided in Rule 1. De!ositions shall be taken onl" in accordance with these Rules. The de!osition of a !erson confined in !rison &a" be taken onl" b" lea%e of court on such ter&s as the court !rescribes. (1a# R ,) SEC. . Scope of e,amination.7nless otherwise ordered b" the court as !ro%ided b" section 1/ or 1< of this Rule# the de!onent &a" be e$a&ined re(ardin( an" &atter# not !ri%ile(ed# which is rele%ant to the sub+ect of the !endin( action# whether relatin( to the clai& or defense of an" other !art"# includin( the e$istence# descri!tion# nature# custod"# condition# and location of an" books# docu&ents# or other tan(ible thin(s and the identit" and location of !ersons ha%in( knowled(e of rele%ant facts. ( # R ,) SEC. '. *,amination and cross& e,amination .E$a&ination and cross6 e$a&ination of de!onents &a" !roceed as !er&itted at the trial under sections ' to 1< of Rule 1' . ('a# R ,) SEC. ,. 'se of depositions.2)t the trial or u!on the hearin( of a &otion or an interlocutor" !roceedin(# an" !art or all of a de!osition# so far as ad&issible under the rules of e%idence# &a" be used a(ainst an" !art" who was !resent or re!resented at the takin( of the de!osition or who had due notice thereof# in accordance with an" one of the followin( !ro%isions0 (a) )n" de!osition &a" be used b" an" !art" for the !ur!ose of contradictin( or i&!eachin( the testi&on" of de!onent as a witness1 (b) The de!osition of a !art" or of an" one who at the ti&e of takin( the de!osition was an officer# director# or &ana(in( a(ent of a !ublic or !ri%ate cor!oration# !artnershi!# or

RULE 00

CO3PUTAT!O- OF T!3E SECTION 1. 3ow to compute time.2In co&!utin( an" !eriod of ti&e !rescribed or allowed b" these Rules# or b" order the court# or b" an" a!!licable statute# the da" of the act or e%ent fro& which the desi(nated !eriod of ti&e be(ins to run is to e$cluded and the date of !erfor&ance included. If the last da" of the !eriod# as thus co&!uted# falls on a Saturda"# a Sunda"# or a le(al holida" in the !lace where the court sits# the ti&e shall not run until the ne$t workin( da". (n) SEC. . *ffect of interruption.Should an act be done which effecti%el" interru!ts the runnin( of the !eriod# the allowable !eriod after such interru!tion shall start to run on the da" aft notice of the cessation of the cause thereof.

association which is a !art" &a" be used b" an ad%erse !art" for an" !ur!ose1 (c) The de!osition of a witness# whether or not a !art"# &a" be used b" an" !art" for an" !ur!ose if the court finds0 (1) that the witness is dead1 or ( ) that the witness resides at a distance &ore than one hundred (1>>) kilo&eters fro& the !lace of trial or hearin(# or is out of the ;hili!!ines# unless it a!!ears that his absence was !rocured b" the !art" offerin( the de!osition1 or (') that the witness is unable to attend or testif" because of a(e# sickness# infir&it"# or i&!rison&ent1 or (,) that the !art" offerin( the de!osition has been unable to !rocure the attendance of the witness b" sub!oena1 or (.) u!on a!!lication and notice# that such e$ce!tional circu&stances e$ist as to &ake it desirable# in the interest of +ustice and with due re(ard to the i&!ortance of !resentin( the testi&on" of witnesses orall" in o!en court# to allow the de!osition to be used1 and (d) If onl" !art of a de!osition is offered in e%idence b" a !art"1 the ad%erse !art" &a" re9uire hi& to introduce all of it which is rele%ant to the !art introduced# and an" !art" &a" introduce an" other !arts. (,a# R ,) SEC. .. *ffect of substitution of !arties. Substitution of !arties does not affect the ri(ht to use de!ositions !re%iousl" taken1 and# when an action has been dis&issed and another action in%ol%in( the sa&e sub+ect is afterward brou(ht between the sa&e !arties or their re!resentati%es or successors in interest# all de!ositions lawfull" taken and dul" filed in the for&er action &a" be used in the latter as if ori(inall" taken therefor. (.# R ,) SEC. /. Ob"ections to admissibility.2 Sub+ect to the !ro%isions of section = of this Rule# ob+ection &a" be &ade at the trial or hearin( to recei%in( in e%idence an" de!osition or !art thereof for an" reason which would re9uire the e$clusion of the e%idence if the witness were then !resent and testif"in(. (/# R ,) SEC. :. *ffect of ta)ing depositions.2) !art" shall not be dee&ed to &ake a !erson his own witness for an" !ur!ose b" takin( his de!osition. (:# R ,) SEC. <. *ffect of using depositions.2 The introduction in e%idence of the de!osition or an" !art thereof for an" !ur!ose other than that of contradictin( or i&!eachin( the de!onent &akes the de!onent the witness of the !art" introducin( the de!osition# but this shall not a!!l" to the use b" an ad%erse !art" of a de!osition as described in !ara(ra!h (b) of section , of this Rule. (<# R ,) SEC. =. Rebutting deposition.2)t the trial or hearin(# an" !art" &a" rebut an" rele%ant e%idence contained in a de!osition whether introduced by hi& or b" an" other !art". (=#

R ,) SEC. 1>. $ersons before whom depositions may be ta)en within the $hilippines.2 2ithin the ;hili!!ines# de!ositions &ust be taken before an" +ud(e# notar" !ublic# on the !erson referred to in section 1, hereof. (1>a# R ,) SEC. 11. $ersons before whom depositions may be ta)en in foreign countries.2 In a forei(n state or countr"# de!ositions &a" be taken (a) on notice before a secretar" of e&bass" or le(ation# consul (eneral# consul# %ice6consul# or consular a(ent of the Re!ublic of the ;hili!!ines1 (b) before such !erson or officer as &a" be a!!ointed b" co&&ission or under letters ro(ator"1 or (c) the !erson referred to in section 1, hereof. (11a# R ,) SEC. 1 . Commission or letters rogatory.2 ) co&&ission or letters ro(ator" shall be issued onl" when necessar" or con%enient# on a!!lication and notice# and on such ter&s and with such direction as are +ust a!!ro!riate. Officers &a" be desi(nated in notices or co&&issions either b" na&e or descri!ti%e title and letters ro(ator" &a" be addressed to the a!!ro!riate +udicial authorit" in the forei(n countr". (1 n# R ,) SEC. 1'. +is6ualification by interest.2 No de!osition shall be taken before a !erson who is a relati%e within the si$th de(ree of consan(uinit" or affinit"# or e&!lo"ee or counsel of an" of the !arties1 or who is a relati%e within the sa&e de(ree# or e&!lo"ee of such counsel1 or who is financiall" interested in the action. (1'a# R ,) SEC. 1,. Stipulations regarding ta)ing of depositions.2If the !arties so sti!ulate in writin(# de!ositions &a" be taken before an" !erson authori-ed to ad&inister oaths# at an" ti&e or !lace# in accordance with these Rules# and when so taken &a" be used like other de!ositions. (1,a# R ,) SEC. 1.. +eposition upon oral e,amination; notice; time and !lace.) !art" desirin( to take the de!osition of an" !erson u!on oral e$a&ination shall (i%e reasonable notice in writin( to e%er" other !art" to the action. The notice shall state the ti&e and !lace for takin( the de!osition and the na&e and address of each !erson to be e$a&ined# if known# and if the na&e is at known# a (eneral descri!tion sufficient to identif" hi& or the !articular class or (rou! to which he belon(s. On &otion of an" !art" u!on who& the notice is ser%ed# the court &a" for cause shown enlar(e or shorten the ti&e. (1.# R ,) SEC. 1/. Orders for the protection of parties and deponents.2 )fter notice is ser%ed for takin( a de!osition b" oral e$a&ination# u!on &otion seasonabl" &ade b" an" !art" or b" the !erson to be e$a&ined and for (ood cause shown# the court in which the action is

!endin( &a" &ake an order that the de!osition shall not be taken# or that it &a" be taken onl" at so&e desi(nated !lace other than that stated in the notice# or that it &a" be taken onl" on written interro(atories# or that certain &atters shall not be in9uired into# or that the sco!e of the e$a&ination shall be held with no one !resent e$ce!t the !arties to the action and their officers or counsel# or that after bein( sealed the de!osition shall b o!ened onl" b" order of the court# or that secret !rocesses de%elo!&ents# or research need not be disclosed# or that the !arties shall si&ultaneousl" filed s!ecified docu&ents or infor&ation enclosed in sealed en%elo!e to be o!ened as directed b" the court1 or the court &a" &ake an" other order which +ustice re9uires to !rotect the !art" or witness fro& anno"ance# e&barrass&ent# or o!!ression. (1/a# R ,) SEC. 1:. Record of e,amination; oath; ob"ections.2The officer before who& the de!osition is to be taken shall !ut the witness or oath and shall !ersonall"# or b" so&e one actin( under his direction and in his !resence# record the testi&on" of the witness. The testi&on" shall be taken steno(ra!hicall" unless the !arties a(ree otherwise. )ll ob+ections &ade at the ti&e of the e$a&ination to the 9ualifications of the officer takin( the de!osition# or to the &anner of takin( it# or to the e%idence !resented# or to the conduct of an" !art"# and an" other ob+ection to the !roceedin(s# shall be noted b" the officer u!on the de!osition. E%idence ob+ected to shall be taken sub+ect to the ob+ections. In lieu of !artici!atin( in the oral e$a&ination# !arties ser%ed with notice of takin( a de!osition &a" trans&it written interro(atories to the officers# who shall !ro!ound the& to the witness and record the answers verbatim. (1:# R ,) SEC. 1<. !otion to terminate or limit e,amination.2)t an" ti&e durin( the takin( of the de!osition# on &otion or !etition of an" !art" or of the de!onent and u!on a showin( that the e$a&ination is bein( conducted in bad faith or in such &anner# as unreasonabl" to anno"# e&barrass# or o!!ress the de!onent or !art"# the court in which the action is !endin( or the Re(ional Trial Court of the !lace where the de!osition is bein( taken &a" order the officer conductin( the e$a&ination to cease forthwith fro& takin( the de!osition# or &a" li&it the sco!e and &anner of the takin( of the de!osition# as !ro%ided in section 1/ of this Rule. If the order &ade ter&inates the e$a&ination# it shall be resu&ed thereafter onl" u!on the order of the court in which the action is !endin(. 7!on de&and of the ob+ectin( !art" or de!onent# the takin( of the de!osition shall be sus!ended for the ti&e necessar" to &ake a notice for an order. In (rantin( or refusin( such order# the court &a" i&!ose u!on either !art" or u!on the witness the re9uire&ent to !a" such

costs or e$!enses as the court &a" dee& reasonable. (1<a# R ,) SEC. 1=. Submission to witness; changes; signing.22hen the testi&on" is full" transcribed# the de!osition shall be sub&itted to the witness for e$a&ination and shall be read to or b" hi&# unless such e$a&ination and readin( are wai%ed b" the witness and b" the !arties. )n" chan(es in for& or substance which the witness desires to &ake shall be entered u!on the de!osition b" the officer with a state&ent of the reasons (i%en b" the witness for &akin( the&. The de!osition shall then be si(ned b" the witness# unless the !arties b" sti!ulation wai%e the si(nin( or the witness is ill or cannot be found or refuses to si(n. If the de!osition is not si(ned b" the witness# the officer shall si(n it and state on the record the fact of the wai%er or of the illness or absence of the witness or the fact of the refusal to si(n to(ether with the reason (i%en therefor# if an"# and the de!osition &a" then be used as full" as thou(h si(ned# unless on a &otion to su!!ress under section = (f) of this Rule# the court holds that the reasons (i%en for the refusal to si(n re9uire re+ection Of the de!osition in whole or in !art. (1=a# R ,) SEC. >. Certification and filing by officer. 2The officer shall certif" on the de!osition that the witness was dul" sworn to b" hi& and that the de!osition is a true record of the testi&on" (i%en b" the witness. 8e shall then securel" seal the de!osition in an en%elo!e indorsed with the title of the action and &arked 4De!osition of (here insert the na&e of witness)5 and shall !ro&!tl" file it with the court in which the action is !endin( or send it b" re(istered &ail to the clerk thereof for filin(. ( ># R ,) SEC. 1. %otice of filing.2The officer takin( the de!osition shall (i%e !ro&!t notice of its filin( to all the !arties. ( 1# R ,) SEC. . 4urnishing co!ies.&&7!on !a"&ent of reasonable char(es therefor# the officer shall furnish a co!" of the de!osition to an" !art" or to the de!onent. ( # R ,) SEC. '. 4ailure to attend of party giving notice.2If the !art" (i%in( the notice of the takin( of a de!osition fails to attend and !roceed therewith and another attends in !erson or b" counsel !ursuant to the notice# the court &a" order the !art" (i%in( the notice to !a" such other !art" the a&ount of the reasonable e$!enses incurred b" hi& and his counsel in so attendin( includin( reasonable attorne"Cs fees. ( 'a# R ,) SEC. ,. 4ailure of party giving notice to serve subpoena.2 If the !art" (i%in( the notice of the takin( of a de!osition of a witness fails to ser%e a sub!oena u!on hi& and the witness because of such failure does not attend# and if another !art" attends in !erson or b" counsel because he e$!ects the de!osition of that witness to be taken# the court &a" order the

!art" (i%in( the notice to !a" to such other !art" the a&ount of the reasonable e$!enses incurred b" hi& and his counsel in so attendin( includin( reasonable attorne"Cs fees. ( ,a# R ,) SEC. .. +eposition upon written interrogatories; service of notice and of interrogatories.2) !art" desirin( to take the de!osition of an" !erson u!on written interro(atories shall ser%e the& u!on e%er" other !art" with a notice statin( the na&e and address of the !erson who is to answer the& and the na&e of descri!ti%e title and address of the officer before who& the de!osition is to be taken. 2ithin ten (1>) da"s thereafter# a !art" so ser%ed &a" ser%e cross6interro(atories u!on the !art" !ro!osin( to take the de!osition. 2ithin fi%e (.) da"s thereafter# the latter &a" ser%e re6direct interro(atories u!on a !art" who has ser%ed cross6interro(atories. 2ithin three (') da"s after bein( ser%ed with re6direct interro(atories# a !art" &a" ser%e recross6 interro(atories u!on the !art" !ro!osin( to take the de!osition. ( .# R ,) SEC. /. Officers to ta)e responses and prepare record.2) co!" of the notice and co!ies of all interro(atories ser%ed shall be deli%ered b" the !art" takin( the de!osition to the officer desi(nated in the notice# who shall !roceed !ro&!tl"# in the &anner !ro%ided b" sections 1:# 1= and > of this Rule# to take the testi&on" of the witness in res!onse to the interro(atories and to !re!are# certif"# and filed or &ail the de!osition# attachin( thereto the co!" of the notice and the interro(atories recei%ed b" hi&. ( /# R ,) SEC. :. %otice of filing and furnishing copies.22hen a de!osition u!on interro(atories is filed# the officer takin( it shall !ro&!tl" (i%e notice thereof to all the !arties# and &a" furnish co!ies to the& or to the de!onent u!on !a"&ent of reasonable char(es therefor. ( :# R ,) SEC. <. Orders for the protection of parties and deponents.2)fter the ser%ice of the interro(atories and !rior to the takin( of the testi&on" of the de!onent# the court in which the action is !endin(# on &otion !ro&!tl" &ade b" a !art" or a de!onent# and for (ood cause shown# &a" &ake an" order s!ecified in sections 1.# 1/ and 1< of this Rule which is a!!ro!riate and +ust or an order that the de!osition shall not be taken before the officer desi(nated in the notice or that it shall not be taken e$ce!t u!on oral e$a&ination. ( <a# R ,) SEC. =. *ffect of errors and irregularities in depositions.2 (a) (s to notice.)ll errors and irre(ularities in the notice for takin( a de!osition are wai%ed unless written ob+ection is !ro&!tl" ser%ed u!on the !art" (i%in( the notice.

(b) (s to dis6ualification of officer. Ob+ection to takin( a de!osition because of dis9ualification of the officer before who& it is to be taken is wai%ed unless &ade before the takin( of the de!osition be(ins or as soon thereafter as the dis9ualification beco&es known or could be disco%ered with reasonable dili(ence. (c) (s to competency or relevancy of evidence.Ob+ections to the co&!etenc" of a witness or the co&!etenc"# rele%anc"# or &aterialit" of testi&on" are not wai%ed b" failure to &ake the& before or durin( the takin( of the de!osition# unless the (round of the ob+ection is one which &i(ht ha%e been ob%iated or re&o%ed if !resented at that ti&e. (d) (s to oral e,amination and other particulars.Errors and irre(ularities occurrin( at the oral e$a&ination in the &anner of takin( the de!osition# in the for& of the 9uestions or answers# in the oath or affir&ation# or in the conduct of the !arties and errors of an" kind which &i(ht be ob%iated# re&o%ed# or cured if !ro&!tl" !rosecuted# are wai%ed unless reasonable ob+ection thereto is &ade at the takin( of the de!osition. (e) (s to form of written interrogatories.Ob+ections to the for& of written interro(atories sub&itted under sections . and / of this Rule are wai%ed unless ser%ed in writin( u!on the !art" !ro!oundin( the& within the ti&e allowed for ser%in( succeedin( cross or other interro(atories and within three (') da"s after ser%ice of the last interro(atories authori-ed. (f) (s to manner of preparation.Errors and irre(ularities in the &anner in which the testi&on" is transcribed or the de!osition is !re!ared# si(ned# certified# sealed# indorsed# trans&itted# filed# or otherwise dealt with b" the officer under sections 1:# 1=# > and / of this Rule are wai%ed unless a &otion to su!!ress the de!osition or so&e !art thereof is &ade with reasonable !ro&!tness after such defect is# or with due dili(ence &i(ht ha%e been# ascertained. ( =a# R ,)

RULE 02

.EPOS!T!O-S )EFORE ACT!O- OR PE-.!-, APPEAL SECTION 1. +epositions before action; petition.2( !erson who desires to !er!etuate his own testi&on" or that of another !erson re(ardin( an" &atter that &a" be co(ni-able in an" court of the ;hili!!ines# &a" filed a %erified !etition in the court of the !lace of the residence of an" e$!ected ad%erse !art". (1a# R1',) SEC. . Contents of petition .The !etition shall be entitled in the na&e of the !etitioner and shall show0 (a) that the !etitioner e$!ects to be a !art" to an action in a court of the ;hili!!ines but is !resentl" unable to brin( it or cause it to be brou(ht1 (b) the sub+ect &atter of the e$!ected action and his interest therein1 (c) the facts which he desires to establish b" the !ro!osed testi&on" and his reasons for desirin( to !er!etuate it1 (d) the na&es or a descri!tion of the !ersons he e$!ects will be ad%erse !arties and their addresses so far as known1 and (e) the na&es and addresses of the !ersons to be e$a&ined and the substance of the testi&on" which he e$!ects to elicit fro& each# and shall ask for an order authori-in( the !etitioner to take the de!ositions of the !ersons to be e$a&ined na&ed in the !etition for the !ur!ose of !er!etuatin( their testi&on". ( # R1',) SEC. '. %otice and service.The !etitioner shall ser%e a notice u!on each !erson na&ed in the !etition as an e$!ected ad%erse !art"# to(ether with a co!" of the !etition# statin( that the !etitioner will a!!l" to the court# at a ti&e and !lace na&ed therein# for the order described in the !etition. )t least twent" ( >) da"s before the date of the hearin(# the court shall cause notice thereof to be ser%ed on the !arties and !ros!ecti%e de!onents in the &anner !ro%ided for ser%ice of su&&ons. ('a# R1',) SEC. ,. Order and e,amination.2If the court is satisfied that the !er!etuation of the testi&on" &a" !re%ent a failure or dela" of +ustice# it shall &ake an order desi(natin( or describin( the !ersons whose de!osition &a" be taken and s!ecif"in( the sub+ect &atter of the e$a&ination and whether the de!ositions shall be taken u!on oral e$a&ination or written interro(atories. The de!ositions &a" then be taken in accordance with Rule ' before the hearin(. (,a# R1',) SEC. .. Reference to court.?or the !ur!ose of a!!l"in( Rule ' to de!ositions for !er!etuatin( testi&on"# each reference therein to the court in which the action is !endin( shall be dee&ed to refer to the court in which the !etition for such de!osition was filed. (.a# R1',) SEC. /. 'se of deposition.2If a de!osition to !er!etuate testi&on" is taken under this Rule# or if# althou(h not so taken# it would be ad&issible in e%idence# it &a" be used in an" action in%ol%in( the sa&e sub+ect &atter

subse9uentl" brou(ht in accordance with the !ro%isions of sections , and . of Rule '. (/a# R1',) SEC. :. +epositions pending appeal.2If an a!!eal has been taken fro& a +ud(&ent of a court# includin( the Court of )!!eals in !ro!er cases# or before the takin( of an a!!eal if the ti&e therefor has not e$!ired# the court in which the +ud(&ent was rendered &a" allow the takin( of de!ositions of witnesses to !er!etuate their testi&on" for use in the e%ent of further !roceedin(s in the said court. In such case the !art" who desires to !er!etuate the testi&on" &a" &ake a &otion in the said court for lea%e to take the de!ositions# u!on the sa&e notice and ser%ice thereof as if the action was !endin( therein. The &otion shall state (a) the na&es and addresses of the !ersons to be e$a&ined and the substance of the testi&on" which he e$!ects to elicit fro& each1 and (b) the reason for !er!etuatin( their testi&on". If the court finds that the !er!etuation of the testi&on" is !ro!er to a%oid a failure or dela" of +ustice# it &a" &ake an order allowin( the de!ositions to be taken# and thereu!on the de!ositions &a" be taken and used in the sa&e &anner and under the sa&e conditions as are !rescribed in these Rules for de!ositions taken in !endin( actions. (:a# R1',)

RULE 05

!-TERRO,ATOR!ES TO PART!ES SECTION 1. Interrogatories to parties; service thereof.2 7nder the sa&e conditions s!ecified in section 1 of Rule '# an" !art" desirin( to elicit &aterial and rele%ant facts fro& an" ad%erse !arties shall file and ser%e u!on the latter written interro(atories to be answered b" the !art" ser%ed or# if the !art" ser%ed is a !ublic or !ri%ate cor!oration or a !artnershi! or association# b" an" officer thereof co&!etent to testif" in its behalf. (1a) SEC. . (nswer to interrogatories.2The interro(atories shall be answered full" in writin( and shall be si(ned and sworn to b" the !erson &akin( the&. The !art" u!on who& the interro(atories ha%e been ser%ed shall file and ser%e a co!" of the answers on the !art" sub&ittin( the interro(atories within fifteen (1.) da"s after ser%ice thereof# unless the court# on &otion and for (ood cause shown# e$tends or shortens the ti&e. ( a) SEC. '. Ob"ections to interrogatories.2 Ob+ections to an" interro(atories &a" be !resented to the court within ten (1>) da"s after ser%ice thereof# with notice as in case of a &otion1 and answers shall be deferred until the

ob+ections are resol%ed# which shall be at as earl" a ti&e as is !racticable. ('a) SEC. ,. %umber of interrogatories.2 No !art" &a"# without lea%e of court# ser%e &ore than one set of interro(atories to be answered b" the sa&e !art". (,) SEC. .. Scope and use of interrogatories.2 Interro(atories &a" relate to an" &atters that can be in9uired into under section of Rule '# and the answers &a" be used for the sa&e !ur!oses !ro%ided in section , of the sa&e Rule. (.a) SEC. /. *ffect of failure to serve written interrogatories.2 7nless thereafter allowed b" the court for (ood cause shown and to !re%ent a failure of +ustice# a !art" not ser%ed with written interro(atories &a" not be co&!elled b" the ad%erse !art" to (i%e testi&on" in o!en court# or to (i%e a de!osition !endin( a!!eal. (n).

SEC. '. *ffect of admission.2)n" ad&ission &ade b" a !art" !ursuant to such re9uest is for the !ur!ose of the !endin( action onl" and shall not constitute an ad&ission b" hi& for an" other !ur!ose nor &a" the sa&e be used a(ainst hi& in an" other !roceedin(. (') SEC. ,. #ithdrawal.2The court &a" allow the !art" &akin( an ad&ission under this Rule# whether e$!ress or i&!lied# to withdraw or a&end it u!on such ter&s as &a" be +ust. (,) SEC. .. *ffect of failure to file and serve re6uest for admission.7nless otherwise allowed b" the court for (ood cause shown and to !re%ent a failure of +ustice# a !art" who fails to file and ser%e a re9uest for ad&ission on the ad%erse !art" of &aterial and rele%ant facts at issue which are# or ou(ht to be# within the !ersonal knowled(e of the latter# shall not be !er&itted to !resent e%idence on such facts. (n)

RULE 04

RULE 07

A.3!SS!O- )/ A. ERSE PART/ SECTION 1. Re6uest for admission.2)t an" ti&e after issues ha%e been +oined# a !art" &a" file and ser%e u!on an" other !art" a written re9uest for the ad&ission b" the latter of the (enuineness of an" &aterial and rele%ant docu&ent described in and e$hibited with the re9uest or of the truth of an" &aterial and rele%ant &atter of fact set forth in the re9uest. Co!ies of the docu&ents shall be deli%ered with the re9uest unless co!ies ha%e alread" been furnished. (1a) SEC. . Implied admission.2Each of the &atters of which an ad&ission is re9uested shall be dee&ed ad&itted unless# within a !eriod desi(nated in the re9uest# which shall not be less than fifteen (1.) da"s after ser%ice thereof# or within such further ti&e as the court &a" allow on &otion# the !art" to who& the re9uest is directed files and ser%es u!on the !art" re9uestin( the ad&ission a sworn state&ent either den"in( s!ecificall" the &atters of which an ad&ission is re9uested or settin( forth in detail the reasons wh" he cannot truthfull" either ad&it or den" those &atters. Ob+ections to an" re9uest for ad&ission shall be sub&itted to the court b" the !art" re9uested within the !eriod for and !rior to the filin( of his sworn state&ent as conte&!lated in the !recedin( !ara(ra!h and his co&!liance therewith shall be deferred until such obli(ations are resol%ed# which resolution shall be &ade as earl" as !racticable. ( a)

PRO.UCT!O- OR !-SPECT!O- OF .OCU3E-TS OR T<!-,S SECTION 1. !otion for production or inspection; order. :7!on &otion of an" !art" showin( (ood cause therefor# the court in which an action is !endin( &a" (a) order an" !art" to !roduce and !er&it the ins!ection and co!"in( or !hoto(ra!hin(# b" or on behalf of the &o%in( !art"# of an" desi(nated docu&ents# !a!ers# books# accounts# letters# !hoto(ra!hs# ob+ects or tan(ible thin(s not !ri%ile(ed# which constitute or contain e%idence &aterial to an" &atter in%ol%ed in the action and which are in his !ossession custod" or control1 or (b) order an" !art" or !er&it entr" u!on desi(nated land or other !ro!ert" in his !ossession or control for the !ur!ose of ins!ectin(# &easurin(# sur%e"in(# or !hoto(ra!hin( the !ro!ert" or an" desi(nated rele%ant ob+ect or o!eration thereon. The order shall s!ecif" the ti&e# !lace and &anner of &akin( the ins!ection and takin( co!ies and !hoto(ra!hs# and &a" !rescribe such ter&s and conditions as are +ust. (1a)

RULE 08

P</S!CAL A-. 3E-TAL E?A3!-AT!O- OF PERSO-S SECTION 1. #hen e,amination may be ordered.2In an action in which the &ental or

!h"sical condition of a !art" is in contro%ers"# the court in which the action is !endin( &a" in its discretion order hi& to sub&it to a !h"sical or &ental e$a&ination b" a !h"sician. (1) SEC. . Order for e,amination.2The order for e$a&ination &a" be &ade onl" on &otion for (ood cause shown and u!on notice to the !art" to be e$a&ined and to all other !arties# and shall s!ecif" the ti&e# !lace# &anner# conditions and sco!e of the e$a&ination and the !erson or !ersons b" who& it is to be &ade. ( ) SEC. '. Report of findings2If re9uested b" the !art" e$a&ined# the !art" causin( the e$a&ination to be &ade shall deli%er to hi& a co!" of a detailed written re!ort of the e$a&inin( !h"sician settin( out his findin(s and conclusions. )fter such re9uest and deli%er"# the !art" causin( the e$a&ination to be &ade shall be entitled u!on re9uest to recei%e fro& the !art" e$a&ined a like re!ort of an" e$a&ination# !re%iousl" or thereafter &ade# of the sa&e &ental or !h"sical condition. If the !art" e$a&ined refuses to deli%er such re!ort# the court on &otion and notice &a" &ake an order re9uirin( deli%er" on such ter&s as are +ust# and if a !h"sician fails or refuses to &ake such a re!ort the court &a" e$clude his testi&on" if offered at the trial. ('a) SEC. ,. #aiver of privilege.2*" re9uestin( and obtainin( a re!ort of the e$a&ination so ordered or b" takin( the de!osition of the e$a&iner# the !art" e$a&ined wai%es an" !ri%ile(e he &a" ha%e in that action or an" other in%ol%in( the sa&e contro%ers"# re(ardin( the testi&on" of e%er" other !erson who has e$a&ined or &a" thereafter e$a&ine hi& in res!ect of the sa&e &ental or !h"sical e$a&ination. (,)

the 9uestion or interro(ator" and if it also finds that the refusal to answer was without substantial +ustification# it &a" re9uire the refusin( !art" or de!onent or the counsel ad%isin( the refusal# or both of the&# to !a" the !ro!onent the a&ount of the reasonable e$!enses incurred in obtainin( the order# includin( attorne"Cs fees. If the a!!lication is denied and the court finds that it was filed without substantial +ustification# the court &a" re9uire the !ro!onent or the counsel ad%isin( the filin( of the a!!lication# or both of the&# to !a" to the refusin( !art" or de!onent the a&ount of the reasonable e$!enses incurred in o!!osin( the a!!lication# includin( attorne"Cs fees. (1a) SEC. . Contempt of court.If a !art" or other witness refuses to be sworn or refuses to answer an" 9uestion after bein( directed to do so b" the court of the !lace in which the de!osition is bein( taken# the refusal &a" be considered a conte&!t of that court. ( a) SEC. '. Other conse6uences.2If an" !art" or an officer or &ana(in( a(ent of a !art" refuses to obe" an order &ade under section 1 of this Rule re9uirin( hi& to answer desi(nated 9uestions# or an order under Rule : to !roduce an" docu&ent or other thin( for ins!ection co!"in( or !hoto(ra!hin( or to !er&it it to be done# or to !er&it entr" u!on land or other !ro!ert"# or an order &ade under Rule < re9uirin( hi& to sub&it to a !h"sical or &ental e$a&ination# the court &a" &ake such orders in re(ard to the refusal as are +ust# and a&on( others the followin(0 (a) )n order that the &atters re(ardin( which the 9uestions were asked# or the character or descri!tion of the thin( or land# or the contents of the !a!er# or the !h"sical or &ental condition of the !art" or an" other desi(nated facts shall be taken to be established for the !ur!oses of the action in accordance with the clai& of the !art" obtainin( the order1 (b) )n order refusin( to allow the disobedient !art" to su!!ort or o!!ose desi(nated clai&s or defenses or !rohibitin( hi& fro& introducin( in e%idence desi(nated docu&ents or thin(s or ite&s of testi&on"# or fro& introducin( e%idence of !h"sical or &ental condition1 (c) )n order strikin( out !leadin(s or !arts thereof# or sta"in( further !roceedin(s until the order is obe"ed# or dis&issin( the action or !roceedin( or an" !art thereof or renderin( a +ud(&ent b" default a(ainst the disobedient !art"1 and (d) In lieu of an" of the fore(oin( orders or in addition thereto# an order directin( the arrest of an" !art" or a(ent of !art" for disobe"in( an" of such orders e$ce!t an order to sub&it to a !h"sical or &ental e$a&ination. ('a)

RULE 09

REFUSAL TO CO3PL/ ;!T< 3O.ES OF .!SCO ER/ SECTION 1. Refusal to answer.2If a !art" or other de!onent refuses to answer an" 9uestion u!on oral e$a&ination# the e$a&ination &a" be co&!leted on other &atters or ad+ourned as the !ro!onent of the 9uestion &a" !refer. The !ro!onent &a" thereafter a!!l" to the !ro!er court of the !lace where the de!osition is bein( taken# for an order to co&!el an answer. The sa&e !rocedure &a" be a%ailed of when a !art" or a witness refuses to answer an" interro(ator" sub&itted under Rules ' or .. If the a!!lication is (ranted# the court shall re9uire the refusin( !art" or de!onent to answer

SEC. ,. *,penses on refusal to admit.2 If a !art" after bein( ser%ed with a re9uest under Rule / to ad&it the (enuineness of an" docu&ent or the truth of an" &atter of fact# ser%es a sworn denial thereof and if the !art" re9uestin( the ad&issions thereafter !ro%es the (enuineness of such docu&ent or the truth of an" such &atter of fact# he &a" a!!l" to the court for an order re9uirin( the other !art" to !a" hi& the reasonable e$!enses incurred in &akin( such !roof# includin( attorne"Cs fees. 7nless the court finds that there were (ood reasons for the denial or that ad&issions sou(ht were of no substantial i&!ortance# such order shall be issued. (,a) SEC. .. 4ailure of party to attend or serve answers.2If a !art" or an officer or &ana(in( a(ent of a !art" wilfull" fails to a!!ear before the officer who is to take his de!osition# after bein( ser%ed with a !ro!er notice# or fails to ser%e answers to interro(atories sub&itted under Rule . after !ro!er ser%ice of such interro(atories# the court on &otion and notice# E??ECT0 &a" strike out all or an" !art of an" !leadin( of the !art"# or dis&iss the action or !roceedin( or an" !art thereof# or enter a +ud(&ent b" default a(ainst the !art"# and in its discretion# order hi& to !a" reasonable e$!enses incurred b" the other# includin( attorne"Cs fees. (.) SEC. /. *,penses against the Republic of the $hilippines.2E$!enses and attorne"Cs fees are not to be i&!osed u!on the Re!ublic of the ;hili!!ines under this Rule.(/)

e%idence# and that due dili(ence has been used to !rocure it. *ut if the ad%erse !art" ad&its the facts to be (i%en in e%idence# e%en if he ob+ects or reser%es the ri(ht to their ad&issibilit"# the trial shall not be !ost!oned. (,a# R ) SEC. ,. Re6uisites of motion to postpone trial for illness of party or counsel.2 ) &otion to !ost!one a trial on the (round of illness of a !art" or counsel &a" be (ranted if it a!!ears u!on affida%it or sworn certification that the !resence of such !art" or counsel at the trial is indis!ensable and that the character of his illness is such as to render his non6attendance e$cusable. (.a# R ) SEC. .. Order of trial.Sub+ect to the !ro%isions of section of Rule '1# and unless the court for s!ecial reasons otherwise directs# the trial shall be li&ited to the issues stated in the !re6trial order and shall !roceed as follows0 (a) The !laintiff shall adduce e%idence in su!!ort of his co&!laint1 (b) The defendant shall then adduce e%idence in su!!ort of his defense# counterclai&# cross6clai& and third6!art" co&!laint1 (c) The third6!art" defendant# if an"# shall adduce e%idence of his defense# counterclai&# cross6clai& and fourth6!art" co&!laint1 (d) The fourth6!art"# and so forth# if an"# shall adduce e%idence of the &aterial facts !leaded b" the&1 (e) The !arties a(ainst who& an" counterclai& or cross6clai& has been !leaded# shall adduce e%idence in su!!ort of their defense# in the order to be !rescribed b" the court1 (f) The !arties &a" then res!ecti%el" adduce rebuttin( e%idence onl"# unless the court# for (ood reasons and in the furtherance of +ustice# !er&its the& to adduce e%idence u!on their ori(inal case1 and (() 7!on ad&ission of the e%idence# the case shall be dee&ed sub&itted for decision# unless the court directs the !arties to ar(ue or to sub&it their res!ecti%e &e&oranda or an" further !leadin(s. If se%eral defendants or third6!art" defendants# and so forth. ha%in( se!arate defenses a!!ear b" different counsel# the court shall deter&ine the relati%e order of !resentation of their e%idence. (1a# R'>) SEC. /. (greed statement of facts2The !arties to an" action &a" a(ree# in writin(# u!on the facts in%ol%ed in the liti(ation# and sub&it the case for +ud(&ent on the facts a(reed u!on#

RULE 1:

TR!AL SECTION 1. %otice of trial.7!on entr" of a case in the trial calendar# the clerk shall notif" the !arties of the date of its trial in such &anner as shall ensure his recei!t of that notice at least fi%e (.) da"s before such date. ( a# R ) SEC. . (d"ournments and postponements. 2) court &a" ad+ourn a trial fro& da" to da"# and to an" stated ti&e# as the e$!editious and con%enient transaction of business &a" re9uire# but shall ha%e no !ower to ad+ourn a trial for a lon(er !eriod than one &onth for each ad+ourn&ent# nor &ore than three &onths in all# e$ce!t when authori-ed in writin( b" the Court )d&inistrator# Su!re&e Court. ('a# R ) SEC. '. Re6uisites of motion to postpone trial for absence of evidence.2) &otion to !ost!one a trial on the (round of absence of e%idence can be (ranted onl" u!on affida%it showin( the &aterialit" or rele%anc" of such

without the introduction of e%idence. If the !arties a(ree onl" on so&e of the facts in issue# the trial shall be held as to the dis!uted facts in such order as the court shall !rescribe. ( a# R'>) SEC. :. Statement of +ud(e.Durin( the hearin( or trial of a case an" state&ent &ade b" the +ud(e with reference to the case# or to an" of the !arties# witnesses or counsel# shall be &ade of record in the steno(ra!hic notes. ('a# R'>) SEC. <. Suspension of actions.2The sus!ension of actions shall be (o%erned b" the !ro%isions of the Ci%il Code. (n) SEC. =. udge to receive evidence; delegation to cler) of court.2 The +ud(e of the court where the case is !endin( shall !ersonall" recei%e the e%idence to be adduced b" the !arties. 8owe%er# in default or e , parte hearin(s# and in an" case where the !arties a(ree in writin(# the court &a" dele(ate the rece!tion of e%idence to its clerk of court who is a &e&ber of the bar. The clerk of court shall ha%e no !ower to rule on ob+ections to an" 9uestion or to the ad&ission of e$hibits# which ob+ections shall be resol%ed b" the court u!on sub&ission of his re!ort and the transcri!ts within ten (1>) da"s fro& ter&ination of the hearin(. (n)

TR!AL )/ CO33!SS!O-ER SECTION 1. Reference by consent.2*" written consent of both !arties# the court &a" order an" or all of the issues in a case to be referred to a co&&issioner to be a(reed u!on b" the !arties or to be a!!ointed b" the court. )s used in these Rules# the word 4co&&issioner5 includes a referee# an auditor and an e$a&iner. (1a# R'') SEC. . Reference ordered on motion.2 2hen the !arties do not consent# the court &a"# u!on the a!!lication of either or of its own &otion) direct a reference to a co&&issioner in the followin( cases0 (a) 2hen the trial of an issue of fact re9uires the e$a&ination of a lon( account on either side# in which case the co&&issioner &a" be directed to hear and re!ort u!on the whole issue or an" s!ecific 9uestion in%ol%ed therein1 (b) 2hen the takin( of an account is necessar" for the infor&ation of the court before +ud(&ent# or for carr"in( a +ud(&ent or order into effect1 (c) 2hen a 9uestion of fact# other than u!on the !leadin(s# arises u!on &otion or otherwise# in an" sta(e of a case# or for carr"in( a +ud(&ent or order into effect. ( a# R'') SEC. '. Order of reference; powers of the commissioner.2 2hen a reference is &ade# the clerk shall forthwith furnish# the co&&issioner with a co!" of the order of reference. The order &a" s!ecif" or li&it the !owers of the co&&issioner# and &a" direct hi& to re!ort onl" u!on !articular issues# or to do or !erfor& !articular acts# or to recei%e and re!ort e%idence onl"# and &a" fi$ the date for be(innin( and closin( the hearin(s and for the filin( of his re!ort. Sub+ect to the s!ecifications and li&itations stated in the order# the co&&issioner has and shall e$ercise the !ower to re(ulate the !roceedin(s in e%er" hearin( before hi& and to do all acts and take all &easures necessar" or !ro!er for the efficient !erfor&ance of his duties under the order. 8e &a" issue sub!oenas and sub!oenas duces tecum, swear witnesses# and unless otherwise !ro%ided in the order of reference# he &a" rule u!on the ad&issibilit" of e%idence. The trial or hearin( before hi& shall !roceed in all res!ects as it would if held before the court. ('a# R'') SEC. ;. Oath of commissioner.2*efore enterin( u!on his duties the co&&issioner shall be sworn to a faithful and honest !erfor&ance thereof. (1,# R'') SEC. .. $roceedings before commissioner. 27!on recei!t of the order of reference and unless otherwise !ro%ided therein# the co&&issioner shall forthwith set a ti&e and

RULE 1+

CO-SOL!.AT!O- OR SE ERA-CE SECTION 1. Consolidation.2hen actions in%ol%in( a co&&on 9uestion of law or fact are !endin( before the court# it &a" order a +oint hearin( or trial of an" or all the &atters in issue in the actions1 it &a" order all the actions consolidated1 and it &a" &ake such orders concernin( !roceedin(s therein as &a" tend to a%oid unnecessar" costs or dela". (1) SEC. . Separate trials.2The court# in furtherance of con%enience or to a%oid !re+udice# &a" order a se!arate trial of an" clai&# cross6clai&# counterclai&# or third6!art" co&!laint# or of an" se!arate issue or of an" nu&ber of clai&s# cross6clai&s# counterclai&s# third6!art" co&!laint or issues. ( a)

RULE 10

!lace for the first &eetin( of the !arties or their counsel to be held within ten (1>) da"s after the date of the order of reference and shall notif" the !arties or their counsel. (.a# R'') SEC. /. 4ailure of parties to appear before commissioner.2If a !art" fails to a!!ear at the ti&e and !lace a!!ointed# the co&&issioner &a" !roceed e, parte or# in his discretion# ad+ourn the !roceedin(s to a future da"# (i%in( notice to the absent !art" or his counsel of the ad+ourn&ent. (/a# R'') SEC. <. Refusal of witness.2The refusal of a witness to obe" a sub!oena issued b" the co&&issioner or to (i%e e%idence before hi&# shall be dee&ed a conte&!t of the court which a!!ointed the co&&issioner. (:a# R'') SEC. <. Commissioner shall avoid delays.2 It is the dut" of the co&&issioner to !roceed with all reasonable dili(ence. Either !art"# on notice to the !arties and co&&issioner# &a" a!!l" to the court for an order re9uirin( the co&&issioner to e$!edite the !roceedin(s and to &ake his re!ort. (<a# R'') SEC. =. Report of commissioner.27!on the co&!letion of the trial or hearin( or !roceedin( before the co&&issioner# he shall file with the court his re!ort in writin( u!on the &atters sub&itted to hi& b" the order of reference. 2hen his !owers are not s!ecified or li&ited# he shall set forth his findin(s of fact and conclusions of law in his re!ort. 8e shall attach thereto all. e$hibits# affida%its# de!ositions# !a!ers and the transcri!ts# if an"# of the testi&onial e%idence !resented before hi&. (=a# R'') SEC. 1>. %otice to parties of the filing of report.27!on the filin( of the re!ort# the !arties shall be notified b" the clerk# and the" shall be allowed ten (1>) da"s within which to si(nif" (rounds of ob+ections to the findin(s of the re!ort# if the" so desire. Ob+ections to the re!ort based u!on (rounds which were a%ailable to the !arties durin( the !roceedin(s before the co&&issioner# other than ob+ections to the findin(s and conclusions therein set forth# shall not be considered b" the court unless the" were &ade before the co&&issioner. (1># R'') SEC. 11. 3earing upon re!ort.7!on the e$!iration of the !eriod of ten (1>) da"s referred to in the !recedin( section# the re!ort shall be set for hearin(# after which the court shall issue an order ado!tin(# &odif"in(# or re+ectin( the re!ort in whole or in !art# or reco&&ittin( it with instructions# or re9uirin( the !arties to !resent further e%idence before the co&&issioner or the court. (11a# R'') SEC. 1 . Stipulations as to findings.22hen the !arties sti!ulate that a co&&issionerCs findin(s of fact shall be final# onl" 9uestions of law shall thereafter be considered. (1 a# R'')

SEC. 1'. Compensation of commissioner.2 The court shall allow the co&&issioner such reasonable co&!ensation as the circu&stances of the case warrant# to be ta$ed as costs a(ainst the defeated !art"# or a!!ortioned# as +ustice re9uires. (1'# R'')

RULE 11

.E3URRER TO E !.E-CE SECTION 1. +emurrer to evidence.2)fter the !laintiff has co&!leted the !resentation of his e%idence# the defendant &a" &o%e for dis&issal on the (round that u!on the facts and the law the !laintiff has shown no ri(ht to relief. If his &otion is denied# he shall ha%e the ri(ht to !resent e%idence. If the &otion is (ranted but on a!!eal the order of dis&issal is re%ersed he shall be dee&ed to ha%e wai%ed the ri(ht to !resent e%idence. (1a# R'.)

RULE 12

=U.,3E-T O- T<E PLEA.!-,S SECTION 1. udgment on the pleadings.2 2here an answer fails to tender an issue# or otherwise ad&its the &aterial alle(ations of the ad%erse !art"Cs !leadin(# the court &a"# on &otion of that !art"# direct +ud(&ent on such !leadin(. 8owe%er# in actions for declaration of nullit" or annul&ent of &arria(e or for le(al se!aration# the &aterial facts alle(ed in the co&!laint shall alwa"s be !ro%ed. (1a# R1=)

RULE 15

SU33AR/ =U.,3E-TS SECTION 1. Summary "udgment for claimant.2) !art" seekin( to reco%er u!on a clai&# counterclai&# or cross6clai& or to obtain a declarator" relief &a"# at an" ti&e after the !leadin( in answer thereto has been ser%ed# &o%e with su!!ortin( affida%its# de!ositions or ad&issions for a su&&ar" +ud(&ent in his fa%or u!on all or an" !art thereof. (1a# R',)

SEC. . Summary "udgment for defending !art".) !art" a(ainst who& a clai&# counterclai& or cross6clai& is asserted or a declarator" relief is sou(ht &a"# at an" ti&e# &o%e with su!!ortin( affida%its# de!ositions or ad&issions for a su&&ar" +ud(&ent in his fa%or as to all or an" !art thereof. ( a# R',) SEC. '. !otion and proceedings thereon . The &otion shall be ser%ed at least ten (1>) da"s before the ti&e s!ecified for the hearin(. The ad%erse !art" &a" ser%e o!!osin( affida%its# de!ositions# or ad&issions at least three (') da"s before the hearin(. )fter the hearin(# the +ud(&ent sou(ht shall be rendered forthwith if the !leadin(s# su!!ortin( affida%its# de!ositions# and ad&issions on file# show that# e$ce!t as to the a&ount of da&a(es# there is no (enuine issue as to an" &aterial fact and that the &o%in( !art" is entitled to a +ud(&ent as a &atter of law. ('a# R',) SEC. ,. Case not fully ad"udicated on motion.2If on &otion under this Rule# +ud(&ent is not rendered u!on the whole case or for all the reliefs sou(ht and a trial is necessar"# the court at the hearin( of the &otion# b" e$a&inin( the !leadin(s and the e%idence before it and b" interro(atin( counsel shall ascertain what &aterial facts e$ist without substantial contro%ers" and what are actuall" and in (ood faith contro%erted. It shall thereu!on &ake an order s!ecif"in( the facts that a!!ear without substantial contro%ers"# includin( the e$tent to which the a&ount of da&a(es or other relief is not in contro%ers"# and directin( such further !roceedin(s in the action as are +ust. The facts so s!ecified shall be dee&ed established# and the trial shall be conducted on the contro%erted facts accordin(l". (,a# R',) SEC. .. 4orm of affidavits and supporting papers.2Su!!ortin( and o!!osin( affida%its shall be &ade on !ersonal knowled(e# shall set forth such facts as would be ad&issible in e%idence# and shall show affir&ati%el" that the affiant is co&!etent to testif" to the &atters stated therein. Certified true co!ies of all !a!ers or !arts thereof referred to in the affida%it shall be attached thereto or ser%ed therewith. (.a# R',) SEC. /. (ffidavits in bad faith.Should it a!!ear to its satisfaction at an" ti&e that an" of the affida%its !resented !ursuant to this Rule are !resented in bad faith# or solel" for the !ur!ose of dela"# the court shall forthwith order the offendin( !art" or counsel to !a" to the other !art" the a&ount of the reasonable e$!enses which the filin( of the affida%its caused hi& to incur# includin( attorne"Cs fees. It &a"# after hearin(# further ad+ud(e the offendin( !art" or counsel (uilt" of conte&!t. (/a# R',)

RULE 14

=U.,3E-TS" F!-AL OR.ERS A-. E-TR/ T<EREOF SECTION 1. Rendition of "udgments and final orders.2) +ud(&ent or final order deter&inin( the &erits of the case shall be in writin( !ersonall" and directl" !re!ared b" the +ud(e# statin( clearl" and distinctl" the facts and the law on which it is based# si(ned b" hi&# and filed with the clerk of the court. (1a) SEC. . *ntry of "udgments and final orders.2If no a!!eal or &otion for new trial or reconsideration is filed within the ti&e !ro%ided in these Rules# the +ud(&ent or final order shall forthwith be entered b" the clerk in the book of entries of +ud(&ents. The date of finalit" of the +ud(&ent or final order shall be dee&ed to be the date of its entr". The record shall contain the dis!ositi%e !art of the +ud(&ent or final order and shall be si(ned b" the clerk# with a certificate that such +ud(&ent or final order has beco&e final and e$ecutor". ( a# 1># R.1). SEC. '. udgment for or against one or more of several !arties.Eud(&ent &a" be (i%en for or a(ainst one or &ore se%eral !laintiffs# and for or a(ainst one or &ore of se%eral defendants. 2hen +ustice so de&ands# the court &a" re9uire the !arties on each side to file ad%ersar" !leadin(s as between the&sel%es and deter&ine their ulti&ate ri(hts and obli(ations. (') SEC. ,. Several "udgments.2In an action a(ainst se%eral defendants# the court &a"# when a se%eral +ud(&ent is !ro!er# render +ud(&ent a(ainst one or &ore of the&# lea%in( the action to !roceed a(ainst the others. (,) SEC. .. Separate "udgments.22hen &ore than one clai& for relief is !resented in an action# the court# at an" sta(e# u!on a deter&ination of the issues &aterial to a !articular clai& and all counterclai&s arisin( out of the transaction or occurrence which is the sub+ect &atter of the clai&# &a" render a se!arate +ud(&ent dis!osin( of such clai&. The +ud(&ent shall ter&inate the action with res!ect to the clai& so dis!osed of and the action shall !roceed as to the re&ainin( clai&s. In case a se!arate +ud(&ent is rendered# the court b" order &a" sta" its enforce&ent until the rendition of a subse9uent +ud(&ent or +ud(&ents and &a" !rescribe such conditions as &a" be necessar" to secure the benefit thereof to the !art" in whose fa%or the +ud(&ent is rendered. (.a) SEC. /. udgment against entity without "uridical personality.22hen +ud(&ent is rendered a(ainst two or &ore !ersons sued as an entit" without +uridical !ersonalit"# the

+ud(&ent shall set out their indi%idual or !ro!er na&es# if known. (/a)

) pro forma &otion for new trial or reconsideration shall not toll the re(le&entar" !eriod of a!!eal. ( a) SEC. '. (ction upon motion for new trial or reconsideration.2The trial court &a" set aside the +ud(&ent or final order and (rant a new trial# u!on such ter&s as &a" be +ust1 or &a" den" the &otion. If the court finds that e$cessi%e da&a(es ha%e been awarded or that the +ud(&ent or final order is contrar" to the e%idence or law# it &a" a&end such +ud(&ent or final order accordin(l". ('a) SEC. ,. Resolution of motion2) &otion for new trial or reconsideration shall be resol%ed within thirt" ('>) da"s fro& the ti&e it is sub&itted for resolution. (n) SEC. .. Second motion for new trial.2) &otion for new trial shall include all (rounds then a%ailable and those not so included shall be dee&ed wai%ed. ) second &otion for new trial# based on a (round not e$istin( nor a%ailable when the first &otion was &ade# &a" be filed within the ti&e herein !ro%ided e$cludin( the ti&e durin( which the first &otion had been !endin(. No !art" shall be allowed a second &otion for reconsideration of a +ud(&ent or final order. (,a# ,# IR@) SEC. /. *ffect of granting of motion for new trial.2If a new trial is (ranted in accordance with the !ro%isions of this Rule# the ori(inal +ud(&ent or final order shall be %acated# and the action shall stand for trial de novo; but the recorded e%idence taken u!on the for&er trial# insofar as the sa&e is &aterial and co&!etent to establish the issues# shall be used at the new trial without retakin( the sa&e. (.) SEC. :. $artial new trial or reconsideration. 2If the (rounds for a &otion under this Rule a!!ear to the court to affect the issues as to onl" a !art# or less than all of the &atter in contro%ers"# or onl" one# or less than all# of the !arties to it# the court &a" order a new trial or (rant reconsideration as to such issues if se%erable without interferin( with the +ud(&ent or final order u!on the rest. (/a) SEC. <. *ffect of order for partial new trial. 2when less than all of the issues are ordered retried# the court &a" either enter a +ud(&ent or final order as to the rest# or sta" the enforce&ent of such +ud(&ent or final order until after the new trial. (:a) SEC. =. Remedy against order denying a motion for new trial or reconsideration.2 )n order den"in( a &otion for new trial or reconsideration is not a!!ealable# the re&ed" bein( an a!!eal fro& the +ud(&ent or final order. (n)

RULE 17

-E; TR!AL OR RECO-S!.ERAT!OSECTION 1. -rounds of and period for filing motion for new trial or reconsideration.2 2ithin the !eriod for takin( an a!!eal# the a((rie%ed !art" &a" &o%e the trial court to set aside the +ud(&ent or final order and (rant a new trial for one or &ore of the followin( causes &ateriall" affectin( the substantial ri(hts of said !art"0 (a) ?raud# accident# &istake or e$cusable ne(li(ence which ordinar" !rudence could not ha%e (uarded a(ainst and b" reason of which such a((rie%ed !art" has !robabl" been i&!aired in his ri(hts1 or (b) Newl" disco%ered e%idence# which he could not# with reasonable dili(ence# ha%e disco%ered and !roduced at the trial# and which if !resented would !robabl" alter the result. 2ithin the sa&e !eriod# the a((rie%ed !art" &a" also &o%e for reconsideration u!on the (rounds that the da&a(es awarded are e$cessi%e# that the e%idence is insufficient to +ustif" the decision or final order# or that the decision or final order is contrar" to law. (1a) SEC. . Contents of motion for new trial or reconsideration and notice thereof.2The &otion shall be &ade in writin( statin( the (round or (rounds therefor# a written notice of which shall be ser%ed b" the &o%ant on the ad%erse !art". ) &otion for new trial shall be !ro%ed in the &anner !ro%ided for !roof of &otions. ) &otion for the cause &entioned in !ara(ra!h (a) of the !recedin( section shall be su!!orted b" affida%its of &erits which &a" be rebutted b" affida%its. ) &otion for the cause &entioned in !ara(ra!h (b) shall be su!!orted b" affida%its of the witnesses b" who& such e%idence is e$!ected to be (i%en# or b" dul" authenticated docu&ents which are !ro!osed to be introduced in e%idence. ) &otion for reconsideration shall !oint out s!ecificall" the findin(s or conclusions of the +ud(&ent or final order which are not su!!orted b" the e%idence or which are contrar" to law# &akin( e$!ress reference to the testi&onial or docu&entar" e%idence or to the !ro%isions of law alle(ed to be contrar" to such findin(s or conclusions.

RULE 18

REL!EF FRO3 =U.,3E-TS" OR.ERS OR OT<ER PROCEE.!-,S SECTION 1. $etition for relief from "udgment, order, or other proceedings2 2hen a +ud(&ent or final order is entered# or an" other !roceedin( is thereafter taken a(ainst a !art" in an" court throu(h fraud# accident# &istake# or e$cusable ne(li(ence# he &a" file a !etition in such court and in the sa&e case !ra"in( that the +ud(&ent# order or !roceedin( be set aside. ( a) SEC. . $etition for relief from denial of appeal22hen a +ud(&ent or final order is rendered b" an" court in a case# and a !art" thereto# b" fraud# accident# &istake# or e$cusable ne(li(ence# has been !re%ented fro& takin( an a!!eal# he &a" file a !etition in such court and in the sa&e case !ra"in( that the a!!eal be (i%en due course. (1a) SEC. '. Time for filing petition; contents and verification.2 ) !etition !ro%ided for in either of the !recedin( sections of this Rule &ust be %erified# filed within si$t" (/>) da"s after the !etitioner learns of the +ud(&ent# final order# or other !roceedin( to be set aside# and not &ore than si$ (/) &onths after such +ud(&ent or final order was entered# or such !roceedin( was taken1 and &ust be acco&!anied with affida%its showin( the fraud# accident# &istake# or e$cusable ne(li(ence relied u!on# and the facts constitutin( the !etitionerCs (ood and substantial cause of action or defense# as the case &a" be. (') SEC. ,. Order to file an answer 2If the !etition is sufficient in for& and substance to +ustif" relief# the court in which it is filed# shall issue an order re9uirin( the ad%erse !arties to answer the sa&e within fifteen (1.) da"s fro& the recei!t thereof. The order shall be ser%ed in such &anner as the court &a" direct# to(ether with co!ies of the !etition and the acco&!an"in( affida%its. (,a) SEC. .. $reliminary in"unction pending proceedings.2The court in which the !etition is filed# &a" (rant such !reli&inar" in+unction as &a" be necessar" for the !reser%ation of the ri(hts of the !arties# u!on the filin( b" the !etitioner of a bond in fa%or of the ad%erse !art"# conditioned that if the !etition is dis&issed or the !etitioner fails on the trial of the case u!on its &erits# he will !a" the ad%erse !art" all da&a(es and costs that &a" be awarded to hi& b" reason of the issuance of such in+unction or the other !roceedin(s followin( the !etition1 but such in+unction shall not o!erate to dischar(e or e$tin(uish an" lien which the ad%erse !art" &a" ha%e ac9uired u!on the !ro!ert" of the !etitioner. (.a)

SEC. /. $roceedings after answer is filed.2 )fter the filin( of the answer or the e$!iration of the !eriod therefor# the court shall hear the !etition and if after such hearin(# it finds that the alle(ations thereof are not true# the !etition shall be dis&issed1 but if it finds said alle(ations to be true# it shall set aside the +ud(&ent or final order or other !roceedin( co&!lained of u!on such ter&s as &a" be +ust. Thereafter the case shall stand as if such +ud(&ent# final order or other !roceedin( had ne%er been rendered# issued or taken. The court shall then !roceed to hear and deter&ine the case as if a ti&el" &otion for a new trial or reconsideration had been (ranted b" it. (/a) SEC. :. $rocedure where the denial of an appeal is set aside .2here the denial of an a!!eal is set aside# the lower court shall be re9uired to (i%e due course to the a!!eal and to ele%ate the record of the a!!ealed case as if a ti&el" and !ro!er a!!eal had been &ade. (:a)

RULE 19

E?ECUT!O-" SAT!SFACT!O- A-. EFFECT OF =U.,3E-TS SECTION 1. *,ecution upon "udgments or final orders.2 E$ecution shall issue as a &atter of ri(ht# on &otion# u!on a +ud(&ent or order that dis!oses of the action or !roceedin( u!on the e$!iration of the !eriod to a!!eal therefro& if no a!!eal has been dul" !erfected. (1a) If the a!!eal has been dul" !erfected and finall" resol%ed# the e$ecution &a" forthwith be a!!lied for in the court of ori(in# on &otion of the +ud(&ent obli(ee# sub&ittin( therewith certified true co!ies of the +ud(&ent or +ud(&ents or final order or orders sou(ht to be enforced and of the entr" thereof# with notice to the ad%erse !art". The a!!ellate court &a"# on &otion in the sa&e case# when the interest of +ustice so re9uires# direct the court of ori(in to issue the writ of e$ecution. (n) SEC. . +iscretionary e,ecution.2 (a) E$ecution of a +ud(&ent or final order !endin( a!!eal. On &otion of the !re%ailin( !art" with notice to the ad%erse !art" filed in the trial court while it has +urisdiction o%er the case and is in !ossession of either the ori(inal record or the record on a!!eal# as the case &a" be# at the ti&e of the filin( of such &otion# said court &a"# in its discretion# order e$ecution of a +ud(&ent or final order e%en before the e$!iration of the !eriod to a!!eal.

)fter the trial court has lost +urisdiction# the &otion for e$ecution !endin( a!!eal &a" be filed in the a!!ellate court. Discretionar" e$ecution &a" onl" issue u!on (ood reasons to be stated in a s!ecial order after due hearin(. (b) E$ecution of se%eral# se!arate or !artial +ud(&ents.) se%eral# se!arate or !artial +ud(&ent &a" be e$ecuted under the sa&e ter&s and conditions as e$ecution of a +ud(&ent or final order !endin( a!!eal. ( a) SEC. '. Stay of discretionary e$ecution. Discretionar" e$ecution issued under the !recedin( section &a" be sta"ed u!on a!!ro%al b" the !ro!er court of a sufficient su!ersedeas bond filed b" the !art" a(ainst who& it is directed# conditioned u!on the !erfor&ance of the +ud(&ent or order allowed to be e$ecuted in case it shall be finall" sustained in whole or in !art. The bond thus (i%en &a" be !roceeded a(ainst on &otion with notice to the suret". ('a) SEC. ,. udgments not stayed by appeal.2 Eud(&ents in actions for in+unction# recei%ershi!# accountin( and su!!ort# and such other +ud(&ents as are now or &a" hereafter be declared to be i&&ediatel" e$ecutor"# shall be enforceable after their rendition and shall not be sta"ed b" an a!!eal taken therefro&# unless otherwise ordered b" the trial court. On a!!eal therefro&# the a!!ellate court in its discretion &a" &ake an order sus!endin(# &odif"in(# restorin( or (rantin( the in+unction# recei%ershi!# accountin(# or award of su!!ort. The sta" of e$ecution shall be u!on such ter&s as to bond or otherwise as &a" be considered !ro!er for the securit" or !rotection of the ri(hts of the ad%erse !art". (,a) SEC. .. *ffect of reversal of e,ecuted "udgment.2here the e$ecuted +ud(&ent is re%ersed totall" or !artiall"# or annulled# on a!!eal or otherwise# the trial court &a"# on &otion# issue such orders of restitution or re!aration of da&a(es as e9uit" and +ustice &a" warrant under the circu&stances. (.a) SEC. =. *,ecution by motion or by independent action.2) final and e$ecutor" +ud(&ent or order &a" be e$ecuted on &otion within fi%e (.) "ears fro& the date of its entr". )fter the la!se of such ti&e# and before it is barred b" the statute of li&itations# a +ud(&ent &a" be enforced b" action. The re%i%ed +ud(&ent &a" also be enforced b" &otion within fi%e (.) "ears fro& the date of its entr" and thereafter b" action before it is barred b" the statute of li&itations. (/a) SEC. <. *,ecution in case of death of party.2In case of the death of a !art"# e$ecution &a" issue or be enforced in the followin( &anner0

(a) In case of the death of the +ud(&ent obli(ee# u!on the a!!lication of his e$ecutor or ad&inistrator# or successor in interest. (b) In case of the death of the +ud(&ent obli(or# a(ainst his e$ecutor or ad&inistrator or successor in interest# if the +ud(&ent be for the reco%er" of real or !ersonal !ro!ert"# or the enforce&ent of a lien thereon1 (c) In case of the death of the +ud(&ent obli(or# after e$ecution is actuall" le%ied u!on an" of his !ro!ert"# the sa&e &a" be sold for the satisfaction of the +ud(&ent obli(ation# and the officer &akin( the sale shall account to the corres!ondin( e$ecutor or ad&inistrator for an" sur!lus in his hands. (:a) SEC. <. Issuance, form and contents of a writ of e,ecution.2 The writ of e$ecution shall0 (1) issue in the na&e of the Re!ublic of the ;hili!!ines fro& the court which (ranted the &otion1 ( ) state the na&e of the court# the case nu&ber and title# the dis!ositi%e !art of the sub+ect +ud(&ent or order1 and (') re9uire the sheriff or other !ro!er officer to who& it is directed to enforce the writ accordin( to its ter&s# in the &anner hereinafter !ro%ided0 (a) If the e$ecution be a(ainst the !ro!ert" of the +ud(&ent obli(or# to satisf" the +ud(&ent# with interest# out of the real or !ersonal !ro!ert" of such +ud(&ent obli(or1 (b) If it be a(ainst real or !ersonal !ro!ert" in the hands of !ersonal re!resentati%es# heirs# de%isees# le(atees# tenants# or trustees of the +ud(&ent obli(or# to satisf" the +ud(&ent# with interest# out of such !ro!ert"1 (c) If it be for the sale of real or !ersonal !ro!ert"# to sell such !ro!ert"# describin( it# and a!!l" the !roceeds in confor&it" with the +ud(&ent# the &aterial !arts of which shall be recited in the writ of e$ecution1 (d) If it be for the deli%er" of the !ossession of real or !ersonal !ro!ert"# to deli%er the !ossession of the sa&e# describin( it# to the !art" entitled thereto# and to satisf" an" costs# da&a(es# rents# or !rofits co%ered b" the +ud(&ent out of the !ersonal !ro!ert" of the !erson a(ainst who& it was rendered# and if sufficient !ersonal !ro!ert" cannot be found# then out of the real !ro!ert"1 and (e) In all cases# the writ of e$ecution shall s!ecificall" state the a&ount of the interest# costs# da&a(es# rents# or !rofits due as of the date of the issuance of the writ# aside fro& the !rinci!al obli(ation under the +ud(&ent. ?or this !ur!ose# the &otion for e$ecution shall s!ecif" the a&ounts of the fore(oin( reliefs sou(ht b" the &o%ant. (<a)

SEC. =. *,ecution of "udgments for money, how enforced2 (a) Immediate payment on demand.The officer shall enforce an e$ecution of a +ud(&ent for &one" b" de&andin( fro& the +ud(&ent obli(or the i&&ediate !a"&ent of the full a&ount stated in the writ of e$ecution and all lawful fees. The +ud(&ent. obli(or shall !a" in cash# certified bank check !a"able to the +ud(&ent obli(ee# or an" other for& of !a"&ent acce!table to the latter# the a&ount of the +ud(&ent debt under !ro!er recei!t directl" to the +ud(&ent obli(ee or his authori-ed re!resentati%e if !resent at the ti&e of !a"&ent. The lawful fees shall be handed under !ro!er recei!t to the e$ecutin( sheriff who shall turn o%er the said a&ount within the sa&e da" to the clerk of court of the court that issued the writ. If the +ud(&ent obli(ee or his authori-ed re!resentati%e is not !resent to recei%e !a"&ent# the +ud(&ent obli(or shall deli%er the aforesaid !a"&ent to the e$ecutin( sheriff. The latter shall turn o%er all the a&ounts co&in( into his !ossession within the sa&e da" to the clerk of court of the court that issued the writ# or if the sa&e is not !racticable# de!osit said a&ounts to a fiduciar" account in the nearest (o%ern&ent de!ositor" bank of the. Re(ional Trial Court of the localit". The clerk of said court shall thereafter arran(e for the re&ittance of the de!osit to the account of the court that issued the writ whose clerk of court shall then deli%er said !a"&ent to the +ud(&ent obli(ee in satisfaction of the +ud(&ent. The e$cess# if an"# shall be deli%ered to the +ud(&ent obli(or while the lawful fees shall be retained b" the clerk of court for dis!osition as !ro%ided b" law. In no case shall the e$ecutin( sheriff de&and that an" !a"&ent b" check be &ade !a"able to hi&. (b) Satisfaction by levy.If the +ud(&ent obli(or cannot !a" all or !art of the obli(ation in cash# certified bank check or other &ode of !a"&ent acce!table to the +ud(&ent obli(ee# the officer shall le%" u!on the !ro!erties of the +ud(&ent obli(or of e%er" kind and nature whatsoe%er which &a" be dis!osed of for %alue and not otherwise e$e&!t fro& e$ecution (i%in( the latter the o!tion to i&&ediatel" choose which !ro!ert" or !art thereof &a" be le%ied u!on# sufficient to satisf" the +ud(&ent. If the +ud(&ent obli(or does not e$ercise the o!tion# the officer shall first le%" on the !ersonal !ro!erties# if an"# and then on the real !ro!erties if the !ersonal !ro!erties are

insufficient to answer for the +ud(&ent. The sheriff shall sell onl" a sufficient !ortion of the !ersonal or real !ro!ert" of the +ud(&ent obli(or which has been le%ied u!on. 2hen there is &ore !ro!ert" of the +ud(&ent obli(or than is sufficient to satisf" the +ud(&ent and lawful fees# he &ust sell onl" so &uch of the !ersonal or real !ro!ert" as is sufficient to satisf" the +ud(&ent and lawful fees. Real !ro!ert"# stocks# shares# debts# credits# and other !ersonal !ro!ert"# or an" interest in either real or !ersonal !ro!ert"# &a" be le%ied u!on in like &anner and with like effect as under a writ of attach&ent. (c) -arnishment of debts and credits.The officer &a" le%" on debts due the +ud(&ent obli(or and other credits# includin( bank de!osits# financial interests# ro"alties# co&&issions and other !ersonal !ro!ert" not ca!able of &anual deli%er" in the !ossession or control of third !arties. Ge%" shall be &ade b" ser%in( notice u!on the !erson owin( such debts or ha%in( in his !ossession or control such credits to which the +ud(&ent obli(or is entitled. The (arnish&ent shall co%er onl" such a&ount as will satisf" the +ud(&ent and all lawful fees. The (arnishee shall &ake a written re!ort to the court within fi%e (.) da"s fro& ser%ice of the notice of (arnish&ent statin( whether or n/t the +ud(&ent obli(or has sufficient funds or credits to satisf" the a&ount of the +ud(&ent. If not# the re!ort shall state how &uch funds or credits the (arnishee holds for the +ud(&ent obli(or. The (arnished a&ount in cash# or certified bank check issued in the na&e of the +ud(&ent obli(ee# shall be deli%ered directl" to the +ud(&ent obli(ee within ten (1>) workin( da"s fro& ser%ice of notice on said (arnishee re9uirin( such deli%er"# e$ce!t the lawful fees which shall be !aid directl" to the court. In the e%ent there are two or &ore (arnishees holdin( de!osits or credits sufficient to satisf" the +ud(&ent# the +ud(&ent obli(or# if a%ailable# shall ha%e the ri(ht to indicate the (arnishee or (arnishees who shall be re9uired to deli%er the a&ount due1 otherwise# the choice shall be &ade b" the +ud(&ent obli(ee. The e$ecutin( sheriff shall obser%e the sa&e !rocedure under !ara(ra!h (a) with res!ect to deli%er" of !a"&ent to the +ud(&ent obli(ee. (<a# 1.a)

SEC. 1>. specific act.

*,ecution

of

"udgments

for

(a) Conveyance, delivery of deeds, or other specific acts; vesting title. If a +ud(&ent directs a !art" to e$ecute a con%e"ance of land or !ersonal !ro!ert"# or to deli%er deeds or other docu&ents# or to !erfor& an" other s!ecific act in connection therewith# and the !art" fails to co&!l" within the ti&e s!ecified# the court &a" direct the act to be done at the cost of the disobedient !art" b" so&e other !erson a!!ointed b" the court and the act when so done shall ha%e like effect as if done b" the !art". If real or !ersonal !ro!ert" is situated within the ;hili!!ines# the court in lieu of directin( a con%e"ance thereof &a" b" an order di%est the title of an" !art" and %est it in others# which shall ha%e the force and effect of a con%e"ance e$ecuted in due for& of law. (1>a) (b) Sale of real or personal property.If the +ud(&ent be for the sale of real or !ersonal !ro!ert"# to sell such !ro!ert"# describin( it# and a!!l" the !roceeds in confor&it" with the +ud(&ent. (<AcBa) (c) +elivery or restitution of real property.The officer shall de&and of the !erson a(ainst who& the +ud(&ent for the deli%er" or restitution of real !ro!ert" is rendered and all !ersons clai&in( ri(hts under hi& to !eaceabl" %acate the !ro!ert" within three (') workin( da"s# and restore !ossession thereof to the +ud(&ent obli(ee1 otherwise# the officer shall oust all such !ersons therefro& with the assistance# if necessar"# of a!!ro!riate !eace officers# and e&!lo"in( such &eans as &a" be reasonabl" necessar" to retake !ossession# and !lace the +ud(&ent obli(ee in !ossession of such !ro!ert". )n" costs# da&a(es# rents or !rofits awarded b" the +ud(&ent shall be satisfied in the sa&e &anner as a +ud(&ent for &one". (1'a) (d) Removal of improvements on property sub"ect of e,ecution. 2hen the !ro!ert" sub+ect of the e$ecution contains i&!ro%e&ents constructed or !lanted b" the +ud(&ent obli(or or his a(ent# the officer shall not destro"# de&olish or re&o%e said i&!ro%e&ents e$ce!t u!on s!ecial order of the court# issued u!on &otion of the +ud(&ent obli(ee after due hearin( and after the for&er has failed to re&o%e the sa&e within a reasonable ti&e fi$ed b" the court. (1,a) (e) +elivery of personal property. In +ud(&ents for the deli%er" of !ersonal !ro!ert"# the officer shall take !ossession of the sa&e and forthwith deli%er it to the

!art" entitled thereto and satisf" an" +ud(&ent for &one" as therein !ro%ided. (<a) SEC. 11. *,ecution of special "udgments.2 2hen a +ud(&ent re9uires the !erfor&ance of an" act other than those &entioned in the two !recedin( sections# a certified co!" of the +ud(&ent shall be attached to the writ of e$ecution and shall be ser%ed b" the officer u!on the !art" a(ainst who& the sa&e is rendered# or u!on an" other !erson re9uired thereb"# or b" law# to obe" the sa&e# and such !art" or !erson &a" be !unished for conte&!t if he disobe"s such +ud(&ent. (=a) SEC. 1 . *ffect of levy on e,ecution as to third persons.2The le%" on e$ecution shall create a lien in fa%or of the +ud(&ent obli(ee o%er the ri(ht# title and interest of the +ud(&ent obli(or in such !ro!ert" at the ti&e of the le%"# sub+ect to liens and encu&brances then e$istin(. (1/a) SEC. 1'. $roperty e,empt from e,ecution. 2E$ce!t as otherwise e$!ressl" !ro%ided b" law# the followin( !ro!ert"# and no other# shall be e$e&!t fro& e$ecution0 (a) The +ud(&ent obli(orCs fa&il" ho&e as !ro%ided b" law# or the ho&estead in which he resides# and land necessaril" used in connection therewith1 (b) Ordinar" tools and i&!le&ents !ersonall" used b" hi& in his trade# e&!lo"&ent# or li%elihood1 (c) Three horses# or three cows# or three carabaos# or other beasts of burden# such as the +ud(&ent obli(or &a" select necessaril" used b" hi& in his ordinar" occu!ation1 (d) 8is necessar" clothin( and articles for ordinar" !ersonal use# e$cludin( +ewelr"1 (e) 8ousehold furniture and utensils necessar" for house6kee!in(# and used for that !ur!ose b" the +ud(&ent obli(or and his fa&il"# such as the +ud(&ent obli(or &a" select# of a %alue not e$ceedin( one hundred thousand !esos1 (f) ;ro%isions for indi%idual or fa&il" use sufficient for four &onths1 (() The !rofessional libraries and e9ui!&ent of +ud(es# law"ers# !h"sicians# !har&acists# dentists# en(ineers# sur%e"ors# cler("&en# teachers# and other !rofessionals# not e$ceedin( three hundred thousand !esos in %alue1 (h) One fishin( boat and accessories not e$ceedin( the total %alue of one hundred thousand !esos owned b" a

fisher&an and b" the lawful use of which he earns his li%elihood1 (i) So &uch of the salaries# wa(es# or earnin(s of the +ud(&ent obli(or for his !ersonal ser%ices within the four &onths !recedin( the le%" as are necessar" for the su!!ort of his fa&il"1 (+) Gettered (ra%estones1 (k) 3onies# benefits# !ri%ile(es# or annuities accruin( or in an" &anner (rowin( out of an" life insurance1 (1) The ri(ht to recei%e le(al su!!ort# or &one" or !ro!ert" obtained as such su!!ort# or an" !ension or (ratuit" fro& the @o%ern&ent1 (&) e$e&!ted b" law. ;ro!erties s!eciall"

in the three (') !ublic !laces abo%e&entioned a si&ilar notice !articularl" describin( the !ro!ert" and statin( where the !ro!ert" is to be sold# and if the assessed %alue of the !ro!ert" e$ceeds fift" thousand (;.>#>>>.>>) !esos# b" !ublishin( a co!" of the notice once a week for two ( ) consecuti%e weeks in one news!a!er selected b" raffle# whether in En(lish# ?ili!ino# or an" &a+or re(ional lan(ua(e !ublished# edited and circulated or# in the absence thereof# ha%in( (eneral circulation in the !ro%ince or cit"1 (d) In all cases# written notice of the sale shall be (i%en to the +ud(&ent obli(or# at least three (') da"s before the sale# e$ce!t as !ro%ided in !ara(ra!h (a) hereof where notice shall be (i%en at an" ti&e before the sale# in the sa&e &anner as !ersonal ser%ice of !leadin(s and other !a!ers as !ro%ided b" section / of Rule 1'. The notice shall s!ecif" the !lace# date and e$act ti&e of the sale which should not be earlier than nine oCclock in the &ornin( and not later than two oCclock in the afternoon. The !lace of the sale &a" be a(reed u!on b" the !arties. In the absence of such a(ree&ent# the sale of real !ro!ert" or !ersonal !ro!ert" not ca!able of &anual deli%er" shall be held in the office of the clerk of court of the Re(ional Trial Court or the 3unici!al Trial Court which issued the writ or which was desi(nated b" the a!!ellate court. In the case of !ersonal !ro!ert" ca!able of &anual deli%er"# the sale shall be held in the !lace where the !ro!ert" is located. (1<a) SEC. 1/. $roceedings where property claimed by third person.2If the !ro!ert" le%ied on is clai&ed b" an" !erson other than the +ud(&ent obli(or or his a(ent# and such !erson &akes an affida%it of his title thereto or ri(ht to the !ossession thereof# statin( the (rounds of such ri(ht or title# and ser%es the sa&e u!on the officer &akin( the le%" and a co!" thereof u!on the +ud(&ent obli(ee# the officer shall not be bound to kee! the !ro!ert"# unless such +ud(&ent obli(ee# on de&and of the officer# files a bond a!!ro%ed b" the court to inde&nif" the third6!art" clai&ant in a su& not less than the %alue of the !ro!ert" le%ied on. In case of disa(ree&ent as to such %alue# the sa&e shall be deter&ined b" the court issuin( the writ of e$ecution. No clai& for da&a(es for the takin( or kee!in( of the !ro!ert" &a" be enforced a(ainst the bond unless the action therefor is filed within one hundred twent" (1 >) da"s fro& the date of the filin( of the bond. The officer shall not be liable for da&a(es for the takin( or kee!in( of the !ro!ert"# to an" third6!art" clai&ant if such bond is filed. Nothin( herein contained shall !re%ent such

*ut no article or s!ecies of !ro!ert" &entioned in this section shall be e$e&!t fro& e$ecution issued u!on a +ud(&ent reco%ered for its !rice or u!on a +ud(&ent of foreclosure of a &ort(a(e thereon. (1 a) SEC. 1,. Return of writ of e,ecution.2 The writ of e$ecution shall be returnable to the court issuin( it i&&ediatel" after the. +ud(&ent has been satisfied in !art or in full. If the +ud(&ent cannot be satisfied in full within thirt" ('>) da"s after his recei!t of the writ# the officer shall re!ort to the court and state the reason therefor. Such writ shall continue in effect durin( the !eriod within which the +ud(&ent &a" be enforced b" &otion. The officer shall &ake a re!ort to the court e%er" thirt" ('>) da"s on the !roceedin(s taken thereon until the +ud(&ent is satisfied in full# or its effecti%it" e$!ires. The returns or !eriodic re!orts shall set forth the whole of the !roceedin(s taken# and shall be filed with the court and co!ies thereof !ro&!tl" furnished the !arties. (11a) SEC. 1.. %otice of sale of property on e$ecution.*efore the sale of !ro!ert" on e$ecution# notice thereof &ust be (i%en as follows0 (a) In case of !erishable !ro!ert"# b" !ostin( written notice of the ti&e and !lace of the sale in three (') !ublic !laces# !referabl" in cons!icuous areas of the &unici!al or cit" hall# !ost office and !ublic &arket in the &unici!alit" or cit" where the sale is to take !lace# for such ti&e as &a" be reasonable# considerin( the character and condition of the !ro!ert"1 (b) In case of other !ersonal !ro!ert"# b" !ostin( a si&ilar notice in the three (') !ublic !laces abo%e&entioned for not less than fi%e (.) da"s1 (c) In case of real !ro!ert"# b" !ostin( for twent" ( >) da"s

clai&ant or an" third !erson fro& %indicatin( his clai& to the !ro!ert" in a se!arate action# or !re%ent the +ud(&ent obli(ee fro& clai&in( da&a(es in the sa&e or a se!arate action a(ainst a third6!art" clai&ant who filed a fri%olous or !lainl" s!urious clai&. 2hen the writ of e$ecution is issued in fa%or of the Re!ublic of the ;hili!!ines# or an" officer dul" re!resentin( it# the filin( of such bond shall not be re9uired# and in case the sheriff or le%"in( officer is sued for da&a(es as a result of the le%"# he shall be re!resented b" the Solicitor @eneral and if held liable therefor# the actual da&a(es ad+ud(ed b" the court shall be !aid b" the National Treasurer out of such funds as &a" be a!!ro!riated for the !ur!ose. (1:a) SEC. 1:. $enalty for selling without notice, or removing or defacing notice.2)n officer sellin( without the notice !rescribed b" section 1. of this Rule shall be liable to !a" !uniti%e da&a(es in the a&ount of fi%e thousand (;.#>>>.>>) !esos to an" !erson in+ured thereb"# in addition to his actual da&a(es# both to be reco%ered b" &otion in the sa&e action1 and a !erson willfull" re&o%in( or defacin( the notice !osted# if done before the sale# or before the satisfaction of the +ud(&ent if it be satisfied before the sale# shall be liable to !a" fi%e thousand (;.#>>>.>>) !esos to an" !erson in+ured b" reason thereof# in addition to his actual da&a(es# to be reco%ered b" &otion in the sa&e action. (1=a) SEC. 1<. %o sale if "udgment and costs paid.2)t an" ti&e before the sale of !ro!ert" on e$ecution# the +ud(&ent obli(or &a" !re%ent the sale b" !a"in( the a&ount re9uired b" the e$ecution and the costs that ha%e been incurred therein. ( >a) SEC. 1=. 3ow property sold on e,ecution; who may direct manner and order of sale.2 )ll sales of !ro!ert" under e$ecution &ust be &ade at !ublic auction# to the hi(hest bidder# to start at the e$act ti&e fi$ed in the notice. )fter sufficient !ro!ert" has been sold to satisf" the e$ecution# no &ore shall be sold and an" e$cess !ro!ert" or !roceeds of the sale shall be !ro&!tl" deli%ered to the +ud(&ent obli(or or his authori-ed re!resentati%e# unless otherwise directed b" the +ud(&ent or order of the court. 2hen the sale is of real !ro!ert"# consistin( of se%eral known lots# the" &ust be sold se!aratel"1 or# when a !ortion of such real !ro!ert" is clai&ed b" a third !erson# he &a" re9uire it to be sold se!aratel". 2hen the sale is of !ersonal !ro!ert" ca!able of &anual deli%er"# it &ust be sold within %iew of those attendin( the sa&e and in such !arcels as are likel" to brin( the hi(hest !rice. The +ud(&ent obli(or# if !resent at the sale# &a" direct the order in which !ro!ert"# real or !ersonal# shall be sold# when such !ro!ert" consists of se%eral known lots or !arcels which can be sold to ad%anta(e

se!aratel". Neither the officer conductin( the e$ecution sale# nor his de!uties# can beco&e a !urchaser# nor be interested directl" or indirectl" in an" !urchase at such sale. ( 1a) SEC. >. Refusal of purchaser to pay.2If a !urchaser refuses to !a" the a&ount bid b" hi& for !ro!ert" struck off to hi& at a sale under e$ecution# the officer &a" a(ain sell the !ro!ert" to the hi(hest bidder and shall not be res!onsible for an" loss occasioned thereb"1 but the court &a" order the refusin( !urchaser to !a" into the court the a&ount of such loss# with costs# and &a" !unish hi& for conte&!t if he disobe"s the order. The a&ount of such !a"&ent shall be0 for the benefit of the !erson entitled to the !roceeds of the e$ecution# unless the e$ecution has been full" satisfied# in which e%ent such !roceeds shall be for the benefit of the +ud(&ent obli(or. The officer &a" thereafter re+ect an" subse9uent bid of such !urchaser who refuses to !a". ( a) SEC. 1. udgment obligee as purchaser.2 2hen the !urchaser is the +ud(&ent obli(ee# and no third6!art" clai& has been filed# he need not !a" the a&ount of the bid if it does not e$ceed the a&ount of his +ud(&ent. If it does# he shall !a" onl" the e$cess. ( 'a) SEC. . (d"ournment of sale.2*" written consent of the +ud(&ent obli(or and obli(ee# or their dul" authori-ed re!resentati%es# the officer &a" ad+ourn the sale to an" date and ti&e a(reed u!on b" the&. 2ithout such a(ree&ent# he &a" ad+ourn the sale fro& da" to da" if it beco&es necessar" to do so for lack of ti&e to co&!lete the sale on the da" fi$ed in the notice or the da" to which it was ad+ourned. ( ,a) SEC. '. Conveyance to purchaser of personal property capable of manual delivery.2 2hen the !urchaser of an" !ersonal !ro!ert"# ca!able of &anual deli%er"# !a"s the !urchase !rice# the officer &akin( the sale &ust deli%er the !ro!ert" to the !urchaser and# if desired# e$ecute and deli%er to hi& a certificate of sale. The sale con%e"s to the !urchaser all the ri(hts which the +ud(&ent obli(or had in such !ro!ert" as of the date of the le%" on e$ecution or !reli&inar" attach&ent. ( .a) SEC. ,. Conveyance to purchaser of personal property not capable of manual delivery.22hen the !urchaser of an" !ersonal !ro!ert"# not ca!able of &anual deli%er"# !a"s the !urchase !rice# the officer &akin( the sale &ust e$ecute and deli%er to the !urchaser a certificate of sale. Such certificate con%e"s to the !urchaser all the ri(hts which the +ud(&ent obli(or had in such !ro!ert" as of the date of the le%" on e$ecution or !reli&inar" attach&ent. ( /a) SEC. .. Conveyance of real property; certificate thereof given to purchaser and filed with registry of deeds.7!on a sale of real !ro!ert"# the officer &ust (i%e to the !urchaser

a certificate of sale containin(0 (a) ) !articular descri!tion of the real !ro!ert" sold1 (b) The !rice !aid for each distinct lot or !arcel1 (c) The whole !rice !aid b" hi&1 (d) ) state&ent that the ri(ht of rede&!tion e$!ires one (1) "ear fro& the date of the re(istration of the certificate of sale. Such certificate &ust be re(istered in the re(istr" of deeds of the !lace where the !ro!ert" is situated. SEC. /. Certificate of sale where property claimed by third person.2#hen a !ro!ert" sold b" %irtue of a writ of e$ecution has been clai&ed b" a third !erson# the certificate of sale to be issued b" the sheriff !ursuant to sections '# , and . of this Rule shall &ake e$!ress &ention of the e$istence of such third6!art" clai&. ( <a) SEC. :. #ho may redeem real property so sold.2Real !ro!ert" sold as !ro%ided in the last !recedin( section# or an" !art thereof sold se!aratel"# &a" be redee&ed in the &anner hereinafter !ro%ided# b" the followin( !ersons0 (a) The +ud(&ent obli(or# or his successor in interest in the whole or an" !art of the !ro!ert"1 (b) ) creditor ha%in( a lien b" %irtue of an attach&ent# +ud(&ent or &ort(a(e on the !ro!ert" sold# or on so&e !art thereof# subse9uent to the lien under which the !ro!ert" was sold. Such redee&in( creditor is ter&ed a rede&!tioner. ( =a) SEC. <. Time and manner of and amounts payable on, successive redemptions; notice to be given and filed.2The +ud(&ent obli(or# or rede&!tioner# &a" redee& the !ro!ert" fro& the !urchaser# at an" ti&e within one (1) "ear fro& the date of the re(istration of the certificate of sale# b" !a"in( the !urchaser the a&ount of his !urchase# with one per centum !er &onth interest thereon in addition# u! to the ti&e of rede&!tion# to(ether with the a&ount of an" assess&ents or ta$es which the !urchaser &a" ha%e !aid thereon after !urchase# and interest on such last na&ed a&ount at the sa&e rate1 and if the !urchaser be also a creditor ha%in( a !rior lien that of the rede&!tioner# other than the +ud(&ent under which such !urchase was &ade# the a&ount of suchC other lien# with interest. ;ro!ert" so redee&ed &a" a(ain be redee&ed within si$t" (/>) da"s after the last rede&!tion u!on !a"&ent of the su& !aid on the last rede&!tion# with two per centum thereon in addition# and the a&ount of an" assess&ents or ta$es which the last

rede&!tioner &a" ha%e !aid thereon after rede&!tion b" hi&# with interest on such last6 na&ed a&ount# and in addition# the a&ount of an" liens held b" said last rede&!tioner !rior to his own# with interest. The !ro!ert" &a" be a(ain# and as often as a rede&!tioner is so dis!osed# redee&ed fro& an" !re%ious rede&!tioner within si$t" (/>) da"s after the last rede&!tion# on !a"in( the su& !aid on the last !re%ious rede&!tion# with two per centum thereon in addition# and the a&ounts of an" assess&ents or ta$es which the last !re%ious rede&!tioner !aid after the rede&!tion thereon# with interest thereon# and the a&ount of an" liensC held b" the last rede&!tioner !rior to his own# with interest. 2ritten notice of an" rede&!tion &ust be (i%en to the officer who &ade the sale and a du!licate filed with the re(istr" of deeds of the !lace# and if an" assess&ents or ta$es are !aid b" the rede&!tioner or if he has or ac9uires an" lien other than that u!on which the rede&!tion was &ade# notice thereof &ust in like &anner be (i%en to the officer and filed with the re(istr" of deeds1 if such notice be not filed# the !ro!ert" &a" be redee&ed without !a"in( such assess&ents# ta$es# or liens. ('>a) SEC. =. *ffect of redemption by "udgment obligor, and a certificate to be delivered and recorded thereupon; to whom payments on redemption made.If the +ud(&ent obli(or redee&s# he &ust &ake the sa&e !a"&ents as are re9uired to effect a rede&!tion b" a rede&!tioner# whereu!on# no further rede&!tion shall# be allowed and he is restored to his estate. The !erson to who& the rede&!tion !a"&ent is &ade &ust e$ecute and deli%er to hi& a certificate of rede&!tion acknowled(ed before a notar" !ublic or other officer authori-ed to take acknowled(&ents of con%e"ances of real !ro!ert". Such certificate &ust be filed and recorded in the re(istr" of deeds of the !lace in which the !ro!ert" is situated# and the re(istrar of deeds &ust note the record thereof on the &ar(in of the record of the certificate of sale. The !a"&ents &entioned in this and the last !recedin( sections &a" be &ade to the !urchaser or rede&!tioner# or for hi& to the officer who &ade the sale (1'a) SEC. '>. $roof re6uired of redemptioner.2 ) rede&!tioner &ust !roduce to the officer# or !erson fro& who& he seeks to redee&# and ser%e with his notice to the officer a co!" of the +ud(&ent or final order under which he clai&s the ri(ht to redee&# certified b" the clerk of the court wherein the +ud(&ent or final order is entered1 or# if he redee&s u!on a &ort(a(e or other lien# a &e&orandu& of the record thereof# certified b" the re(istrar of deeds1 or an ori(inal or certified co!" of an" assi(n&ent necessar" to establish his clai&1 and an affida%it e$ecuted b" hi& or his a(ent# showin( the a&ount then actuall" due on the lien. (' a)

SEC. '1. !anner of using premises pending redemption; waste restrained.27ntil the e$!iration of the ti&e allowed for rede&!tion# the court &a"# as in other !ro!er cases# restrain the co&&ission of waste on the !ro!ert" b" in+unction# on the a!!lication of the !urchaser or the +ud(&ent obli(ee# with or without notice1 but it is not waste for a !erson in !ossession of the !ro!ert" at the ti&e of the sale# or entitled to !ossession afterwards# durin( the !eriod allowed for rede&!tion# to continue to use it in the sa&e &anner in which it was !re%iousl" used1 or to use it in the ordinar" course of husbandr"1 or to &ake the necessar" re!airs to buildin(s thereon while he occu!ies the !ro!ert". (''a) SEC. ' . Rents, earnings and income of property pending redemption.2The !urchaser or a rede&!tioner shall not be entitled to recei%e the rents# earnin(s and inco&e of the !ro!ert" sold on e$ecution# or the %alue of the use and occu!ation thereof when such !ro!ert" is in the !ossession of a tenant. )ll rents# earnin(s and inco&e deri%ed fro& the !ro!ert" !endin( rede&!tion shall belon( to the +ud(&ent obli(or until the e$!iration of his !eriod of rede&!tion. (',a) SEC. ''. +eed and possession to be given at e,piration of redemption period; by whom e,ecuted or given.2If no rede&!tion be &ade within one (1) "ear fro& the date of the re(istration of the certificate of sale# the !urchaser is entitled to a con%e"ance and !ossession of the !ro!ert"1 or# if so redee&ed whene%er si$t" (/>) da"s ha%e ela!sed and no other rede&!tion has been &ade# and notice thereof (i%en# and the ti&e for rede&!tion has e$!ired# the last rede&!tioner is entitled to the con%e"ance and !ossession1 but in all cases the +ud(&ent obli(or shall ha%e the entire !eriod of one (1) "ear fro& the date of the re(istration of the sale to redee& the !ro!ert". The deed shall be e$ecuted b" the officer &akin( the sale or b" his successor in office# and in the latter case shall ha%e the sa&e %alidit" as thou(h the officer &akin( the sale had continued in office and e$ecuted it. 7nder the e$!iration of the ri(ht of rede&!tion# the !urchaser or rede&!tioner shall be substituted to and ac9uire all the ri(hts# title# interest and clai& of the +ud(&ent obli(or to the !ro!ert" as of the ti&e of the le%". The !ossession of the !ro!ert" shall be (i%en to the !urchaser or last rede&!tioner b" the sa&e officer unless a third !art" is actuall" holdin( the !ro!ert" ad%ersel" to the +ud(&ent obli(or. ('.a) SEC. ',. Recovery of price if sale not effective; revival of "udgment.2 If the !urchaser of real !ro!ert" sold on e$ecution# or his successor in interest# fails to reco%er the !ossession thereof# or is e%icted therefro&# in conse9uence of irre(ularities in the !roceedin(s

concernin( the sale# or because the +ud(&ent has been reser%ed or set aside# or because the !ro!ert" sold was e$e&!t fro& e$ecution# or because a third !erson has %indicated his clai&# to the !ro!ert"# he &a" on &otion in the sa&e action or in a se!arate action reco%er fro& the +ud(&ent obli(ee the !rice !aid# with interest# or so &uch thereof as has not been deli%ered to the +ud(&ent obli(or1 or he &a"# on &otion# ha%e the ori(inal +ud(&ent re%i%ed in his na&e for the whole !rice with interest# or so &uch thereof as has been deli%ered to the +ud(&ent obli(or. The +ud(&ent so re%i%ed shall ha%e the sa&e force and effect as an ori(inal +ud(&ent would ha%e as of the date of the re%i%al and no &ore. ('/a) SEC. '.. Right to contribution or reimbursement.22hen !ro!ert" liable to an e$ecution a(ainst se%eral !ersons is sold thereon# and &ore than a due !ro!ortion of the +ud(&ent is satisfied out of the !roceeds of the sale of the !ro!ert" of one of the&# or one of the& !a"s# without a sale# &ore than his !ro!ortion# he &a" co&!el a contribution fro& the others1 and when a +ud(&ent is u!on an obli(ation of one of the&# as securit" for another# and the suret" !a"s the a&ount# or an" !art thereof# either b" sale of his !ro!ert" or before sale# he &a" co&!el re!a"&ent fro& the !rinci!al. (':a) SEC. '/. *,amination of "udgment obligor when "udgment unsatisfied.22hen the return of a writ of e$ecution issued a(ainst !ro!ert" of a +ud(&ent obli(or# or an" one of se%eral obli(ors in the sa&e +ud(&ent# shows that the +ud(&ent re&ains unsatisfied# in whole or in !art# the +ud(&ent obli(ee# at an" ti&e after such return is &ade# shall be entitled to an order fro& the court which rendered the said +ud(&ent# re9uirin( such +ud(&ent obli(or to a!!ear and be e$a&ined concernin( his !ro!ert" and inco&e before such court or before a co&&issioner a!!ointed b" it# at a s!ecified ti&e and !lace1 and !roceedin(s &a" thereu!on be had for the a!!lication of the !ro!ert" and inco&e of the +ud(&ent obli(or towards the satisfactions of the +ud(&ent. *ut no +ud(&ent obli(or shall be so re9uired to a!!ear before a court or co&&issioner outside the !ro%ince or cit" in which such obli(or resides or is found. ('<a) SEC. ':. *,amination of obligor of "udgment obligor.2 2hen the return of a writ of e$ecution a(ainst the !ro!ert" of a +ud(&ent obli(or shows that the +ud(&ent re&ains unsatisfied# in whole or in !art# and u!on !roof to the satisfaction of the court which issued the writ# that a !erson# cor!oration# or other +uridical entit" has !ro!ert" of such +ud(&ent obli(or or is indebted to hi&# the court &a"# b" an order# re9uire such !erson# cor!oration# or other +uridical entit"# or an" officer or &e&ber thereof# to a!!ear before the court or a co&&issioner a!!ointed b" it# at a ti&e and

!lace within the !ro%ince or cit" where such debtor resides or is found# and be e$a&ined concernin( the sa&e. The ser%ice of the order shall bind all credits due the +ud(&ent obli(or and all &one" and !ro!ert" of the +ud(&ent obli(or in the !ossession or in the control of such !erson# cor!oration# or +uridical entit" fro& the ti&e of ser%ice1 and the court &a" also re9uire notice of such !roceedin(s to be (i%en to an" !art" to the action in such &anner as it &a" dee& !ro!er. ('=a) SEC. '<. *nforcement of attendance and conduct of e,amination.2) !art" or other !erson &a" be co&!elled# b" an order or sub!oena# to attend before the court or co&&issioner to testif" as !ro%ided in the two !recedin( sections# and u!on failure to obe" such order or sub!oena or to be sworn# or to answer as a witness or to subscribe his de!osition# &a" be !unished for conte&!t as in other cases. E$a&inations shall not be undul" !rolon(ed# but the !roceedin(s &a" be ad+ourned fro& ti&e to ti&e# until the" are co&!leted. If the e$a&ination is before a co&&issioner# he &ust take it in writin( and certif" it to the court. )ll e$a&inations and answers before a court or co&&issioner &ust be under oath# and when a cor!oration or other +uridical entit" answers# it &ust be on the oath of an authori-ed officer or a(ent thereof. (,>a) SEC. '=. Obligor may pay e,ecution against obligee.2)fter a writ of e$ecution a(ainst !ro!ert" has been issued# a !erson indebted to the +ud(&ent obli(or &a" !a" to the sheriff holdin( the writ of e$ecution the a&ount of his debt or so &uch thereof as &a" be necessar" to satisf" the +ud(&ent# in the &anner !rescribed in section = of this Rule and the sheriffs recei!t shall be a sufficient dischar(e for the a&ount so !aid or directed to be credited b" the +ud(&ent obli(ee on the e$ecution. (,1a) SEC. ,>. Order for application of property and income to satisfaction of "udgment.2 The court &a" order an" !ro!ert" of the +ud(&ent obli(or# or &one" due hi&# not e$e&!t fro& e$ecution# in the hands of either hi&self or another !erson# or of a cor!oration or other +uridical entit"# to be a!!lied to the satisfaction of the +ud(&ent# sub+ect to an" !rior ri(hts o%er such !ro!ert". If# u!on in%esti(ation of his current inco&e and e$!enses# it a!!ears that the earnin(s of the +ud(&ent obli(or for his !ersonal ser%ices are &ore than necessar" for the su!!ort of his fa&il"# the court &a" order that he !a" the +ud(&ent in fi$ed &onthl" install&ents# and u!on his failure to !a" an" such install&ent when due without (ood e$cuse# &a" !unish hi& for indirect conte&!t. (, a) SEC. ,1. (ppointment of receiver.&The court &a" a!!oint a recei%er of the !ro!ert" of the +ud(&ent obli(or1 and it &a" also forbid a

transfer or other dis!osition of# or an" interference with# the !ro!ert" of the +ud(&ent obli(or not e$e&!t fro& e$ecution. (,'a) SEC. , . Sale of ascertainable interest of "udgment obligor in real estate.2If it a!!ears that the +ud(&ent obli(or has an interest in real estate in the !lace in which !roceedin(s are had# as &ort(a(or or &ort(a(ee or otherwise# and his interest therein can be ascertained without contro%ers"# the recei%er &a" be ordered to sell and con%e" such real estate or the interest of the obli(or therein1 and such sale shall be conducted in all res!ects in the sa&e &anner as is !ro%ided for the sale of real estate u!on e$ecution# and the !roceedin(s thereon shall be a!!ro%ed b" the court before the e$ecution of the deed. (,,a) SEC. ,'. $roceedings when indebtedness denied or another person claims the property.2 If it a!!ears that a !erson or cor!oration# alle(ed to ha%e !ro!ert" of the +ud(&ent obli(or or to be indebted to hi&# clai&s an interest in the !ro!ert" ad%erse to hi& or denies the debt# the court &a" authori-e# b" an order &ade to that effect# the +ud(&ent obli(ee to institute an action a(ainst such !erson or cor!oration for the reco%er" of such interest or debt# forbid a transfer or other dis!osition of such interest or debt within one hundred twent" (1 >) da"s fro& notice of the order# and &a" !unish disobedience of such order as for conte&!t. Such order &a" be &odified or %acated at an" ti&e b" the court# which issued it# or b" the court in which the action is brou(ht# u!on such ter&s as &a" be +ust. (,.a) SEC. ,,. *ntry of satisfaction of "udgment by cler) of court.Satisfaction of a +ud(&ent shall be entered b" the clerk of court in the court docket# and in the e$ecution book# u!on the return of a writ of e$ecution showin( the full satisfaction of the +ud(&ent# or u!on the filin( of an ad&ission to the satisfaction of the +ud(&ent e$ecuted and acknowled(ed in the sa&e &anner as a con%e"ance of real !ro!ert" b" the +ud(&ent obli(ee or b" his counsel unless a re%ocation of his authorit" is filed# or u!on the endorse&ent of such ad&ission b" the +ud(&ent obli(ee or his counsel on the face of the record of the +ud(&ent. (,/a) SEC. ,.. *ntry of satisfaction with or without admission.22hene%er a +ud(&ent is satisfied in fact# or otherwise than u!on an e$ecution# on de&and of the +ud(&ent obli(or# the +ud(&ent obli(ee or his counsel &ust e$ecute and acknowled(e# or indorse# an ad&ission of the satisfaction as !ro%ided in the last !recedin( section# and after notice and u!on &otion the court &a" order either the +ud(&ent obli(ee or his counsel to do so# or &a" order the entr" of satisfaction to be &ade without such ad&ission. (,:a) SEC. ,/. #hen principal bound by

"udgment against surety.22hen a +ud(&ent is rendered a(ainst a !art" who stands as suret" for another# the latter is also bound fro& the ti&e that he has notice of the action or !roceedin(# and an o!!ortunit" at the suret"Cs re9uest to +oin in the defense. (,<a) SEC. ,:. *ffect of "udgments or final orders .2The effect of a +ud(&ent or final order rendered b" a court of the ;hili!!ines# ha%in( +urisdiction to !ronounce the +ud(&ent or final order# &a" be as follows0 (a) In case of a +ud(&ent or final order a(ainst a s!ecific thin(# or in res!ect to the !robate of a will# or the ad&inistration of the estate of a deceased !erson# or in res!ect to the !ersonal# !olitical# or le(al condition or status of a !articular !erson or his relationshi! to another# the +ud(&ent or final order is conclusi%e u!on the title to the thin(# the will or ad&inistration# or the condition# status or relationshi! of the !erson1 howe%er# the !robate of a will or (rantin( of letters of ad&inistration shall onl" be !ri&a facie e%idence of the death of the testator or intestate1 (b) In other cases# the +ud(&ent or final order is# with res!ect to the &atter directl" ad+ud(ed or as to an" other &atter that could ha%e been raised in relation thereto# conclusi%e between the !arties and their successors in interest b" title subse9uent to the co&&ence&ent of the action or s!ecial !roceedin(# liti(atin( for the sa&e thin( and under the sa&e title and in the sa&e ca!acit"1 and (c) In an" other liti(ation between the sa&e !arties of their successors in interest# that onl" is dee&ed to ha%e been ad+ud(ed in a for&er +ud(&ent or final order which a!!ears u!on its face to ha%e been so ad+ud(ed# or which was actuall" and necessaril" included therein or necessar" thereto. (,=a) SEC. ,<. *ffect of foreign "udgments or final orders.2The effect of a +ud(&ent or final order of a tribunal of a forei(n countr"# ha%in( +urisdiction to render the +ud(&ent or final order# is as follows0 (a) In case of a +ud(&ent or final order u!on a s!ecific thin(# the +ud(&ent or final order is conclusi%e u!on the title of the thin(1 and (b) In case of a +ud(&ent or final order a(ainst a !erson# the +ud(&ent or final order is !resu&!ti%e e%idence of a ri(ht as between the !arties and their successors in interest b" a subse9uent title. In either case# the +ud(&ent or final order

&a" be re!elled b" e%idence of a want of +urisdiction# want of notice to the !art"# collusion# fraud# or clear &istake of law or fact. (.>a)

APPEALS RULE 2:

APPEAL FRO3 3U-!C!PAL TR!AL COURTS TO T<E RE,!O-AL TR!AL COURTS SECTION 1. #here to appeal.2)n a!!eal fro& a +ud(&ent or final order of a 3unici!al Trial Court &a" be taken to the Re(ional Trial Court e$ercisin( +urisdiction o%er the area to which the for&er !ertains. The title of the case shall re&ain as it was in the court of ori(in# but the !art" a!!ealin( the case shall be further referred to as the a!!ellant and the ad%erse !art" as the a!!ellee. (n) SEC. . #hen to appeal.2)n a!!eal &a" be taken within fifteen (1.) da"s after notice to the a!!ellant of the +ud(&ent or final order a!!ealed fro&. 2here a record on a!!eal is re9uired# the a!!ellant shall file a notice of a!!eal and a record on a!!eal within thirt" ('>) da"s after notice of the +ud(&ent or final order. The !eriod of a!!eal shall be interru!ted b" a ti&el" &otion for new trial or reconsideration. No &otion for e$tension of ti&e to file a &otion for new trial or reconsideration shall be allowed. (n) SEC. '. 3ow to appeal2The a!!eal is taken b" filin( a notice of a!!eal with the court that rendered the +ud(&ent or final order a!!ealed fro&. The notice of a!!eal shall indicate the !arties to the a!!eal# the +ud(&ent or final order or !art thereof a!!ealed fro&# and state the &aterial dates showin( the ti&eliness of the a!!eal. ) record on a!!eal shall be re9uired onl" in s!ecial !roceedin(s and in other cases of &ulti!le or se!arate a!!eals. The for& and contents of the record on a!!eal shall be as !ro%ided in section /# Rule ,1. Co!ies of the notice of a!!eal# and the record on a!!eal where re9uired# shall be ser%ed on the ad%erse !art". (n) SEC. ,. $erfection thereof.2The !erfection of effect thereof shall be !ro%isions of section =# Rule of appeal; effect the a!!eal and the (o%erned b" the ,1. (n)

SEC. .. (ppellate court doc)et and other

lawful fees.22ithin the !eriod for takin( an a!!eal# the a!!ellant shall !a" to the clerk of the court which rendered the +ud(&ent or final order a!!ealed fro& the full a&ount of the a!!ellate court docket and other lawful fees. ;roof of !a"&ent thereof shall be trans&itted to the a!!ellate court to(ether with the ori(inal record or the record on a!!eal# as the case &a" be. (n) SEC. /. +uty of the cler) of court.22ithin fifteen (1.) da"s fro& the !erfection of the a!!eal# the clerk of court or the branch clerk of court of the lower court shall trans&it the ori(inal record or the record on a!!eal# to(ether with the transcri!ts and e$hibits# which he shall certif" as co&!lete# to the !ro!er Re(ional Trial Court. ) co!" of his letter of trans&ittal of the records to the a!!ellate court shall be furnished the !arties. (n) SEC. :. $rocedure in the Regional Trial Court. (a) 7!on recei!t of the co&!lete record or the record on a!!eal# the clerk of court of the Re(ional Trial Court shall notif" the !arties of such fact. (b) 2ithin fifteen (1.) da"s fro& such notice# it shall be the dut" of the a!!ellant to sub&it a &e&orandu& which shall briefl" discuss the errors i&!uted to the lower court# a co!" of which shall be furnished b" hi& to the ad%erse !art". 2ithin fifteen (1.) da"s fro& recei!t of the a!!ellantCs &e&orandu&# the a!!ellee &a" file his &e&orandu&. ?ailure of the a!!ellant to file a &e&orandu& shall be a (round for dis&issal of the a!!eal. (c) 7!on the filin( of the &e&orandu& of the a!!ellee# or the e$!iration of the !eriod to do so# the case shall be considered sub&itted for decision. The Re(ional Trial Court shall decide the case on the basis of the entire record of the !roceedin(s had in the court of ori(in and such &e&oranda as are filed. (n) SEC. <. )!!eal fro& orders dis&issin( case without trial1 lack of +urisdiction.If an a!!eal is taken fro& an order of the lower court dis&issin( the case without a trial on the &erits# the Re(ional Trial Court &a" affir& or re%erse it# as the case &a" be. In case of affir&ance and the (round of dis&issal is lack of +urisdiction o%er the sub+ect &atter# the Re(ional Trial Court# if it has +urisdiction thereo%er# shall tr" the case on the &erits as if the case was ori(inall" filed with it. In case of re%ersal# the case shall be re&anded for further !roceedin(s. If the case was tried on the &erits b" the lower court without +urisdiction o%er the sub+ect &atter# the Re(ional Trial Court on a!!eal shall not dis&iss the case if it has ori(inal +urisdiction thereof# but shall decide the case in accordance

with the !recedin( section# without !re+udice to the ad&ission of a&ended !leadin(s and additional e%idence in the interest of +ustice. (n) SEC. =. (pplicability of Rule ;>.2The other !ro%isions of Rule ,1 shall a!!l" to a!!eals !ro%ided for herein insofar as the" are not inconsistent with or &a" ser%e to su!!le&ent the !ro%isions of this Rule. (n)

RULE 2+

APPEAL FRO3 T<E RE,!O-AL TR!AL COURTS SECTION 1. Sub"ect of appeal.2)n a!!eal &a" be taken fro& a +ud(&ent or final order that co&!letel" dis!oses of the case# or of a !articular &atter therein when declared b" these Rules to be a!!ealable. No a!!eal &a" be taken fro&0 (a) )n order den"in( a &otion for new trial or reconsideration1 (b) )n order den"in( a !etition for relief or an" si&ilar &otion seekin( relief fro& +ud(&ent1 (c) )n interlocutor" order1 (d) )n order disallowin( or dis&issin( an a!!eal1 (e) )n order den"in( a &otion to set aside a +ud(&ent b" consent# confession or co&!ro&ise on the (round of fraud# &istake or duress# or an" other (round %itiatin( consent. (f) )n order of e$ecution1 (() ) +ud(&ent or final order for or a(ainst one or &ore of se%eral !arties or in se!arate clai&s# counterclai&s# cross6clai&s and third6 !art" co&!laints# while the &ain case is !endin(# unless the court allows an a!!eal therefro&1 and (h) )n order dis&issin( an action without !re+udice. In all the abo%e instances where the +ud(&ent or final order is not a!!ealable# the a((rie%ed !art" &a" file an a!!ro!riate s!ecial ci%il action under Rule /.. (n) SEC. . !odes of appeal.2 (a) Ordinary appeal.The a!!eal to the Court of )!!eals in cases decided b" the Re(ional Trial Court in the e$ercise of its ori(inal +urisdiction shall be taken b" filin( a notice of a!!eal with the court which rendered the +ud(&ent or final order

a!!ealed fro& and ser%in( a co!" thereof u!on the ad%erse !art". No record on a!!eal shall be re9uired e$ce!t in s!ecial !roceedin(s and other cases of &ulti!le or se!arate a!!eals where the law or these Rules so re9uire. In such cases# the record 6on a!!eal shall be filed and ser%ed in like &anner. (b) $etition for review.The a!!eal to the Court of )!!eals in cases decided b" the Re(ional Trial Court in the e$ercise of its a!!ellate +urisdiction shall be b" !etition for re%iew in accordance with Rule , . (c) (ppeal by certiorari.In all cases where onl" 9uestions of law are raised or in%ol%ed# the a!!eal shall be to the Su!re&e Court b" !etition for re%iew on certiorari in accordance with Rule ,.. (n) SEC. '. $eriod of ordinary appeal, appeal in habeas corpus cases.2The a!!eal shall be taken within fifteen (1.) da"s fro& notice of the +ud(&ent or final order a!!ealed fro&. 2here a record on a!!eal is re9uired# the a!!ellant shall file a notice of a!!eal and a record on a!!eal within thirt" ('>) da"s fro& notice of the +ud(&ent or final order. 8owe%er# an a!!eal in habeas corpus cases shall be taken within fort"6 ei(ht (,<) hours fro& notice of the +ud(&ent or final order a!!ealed fro&. The !eriod of a!!eal shall be interru!ted b" a ti&el" &otion for new trial or reconsideration. No &otion for e$tension of ti&e to file a &otion for new trial or reconsideration shall be allowed. (n) SEC. ,. (ppellate court doc)et and other lawful fees.2 2ithin the !eriod for takin( an a!!eal# the a!!ellant shall !a" to the clerk of the court which rendered the +ud(&ent or final order a!!ealed fro&# the full a&ount of the a!!ellate court docket and other lawful fees. ;roof of !a"&ent of said fees shall be trans&itted to the a!!ellate court to(ether with the ori(inal record or the record on a!!eal. (n) SEC. .. %otice of appeal.2The notice of a!!eal shall indicate the !arties to the a!!eal# s!ecif" the +ud(&ent or final order or !art thereof a!!ealed fro&# s!ecif" the court to which the a!!eal is bein( taken# and state the &aterial dates showin( the ti&eliness of the a!!eal. (,a) SEC. /. Record on appeal; form and contents thereof2The full na&es of all the !arties to the !roceedin(s shall be stated in the ca!tion of the record on a!!eal and it shall include the +ud(&ent or final order fro& which the a!!eal is taken and# in chronolo(ical order# co!ies of onl" such !leadin(s# !etitions# &otions and all interlocutor" orders as are related to the a!!ealed +ud(&ent or final order for the !ro!er

understandin( of the issue in%ol%ed# to(ether with such data as will show that the a!!eal was !erfected on ti&e. If an issue of fact is to be raised on a!!eal# the record on a!!eal shall include b" reference all the e%idence# testi&onial and docu&entar"# taken u!on the issue in%ol%ed. The reference shall s!ecif" the docu&entar" e%idence b" the e$hibit nu&bers or letters b" which it was identified when ad&itted or offered at the hearin(# and the testi&onial e%idence b" the na&es of the corres!ondin( witnesses. If the whole testi&onial and docu&entar" e%idence in the case is to be included# a state&ent to that effect will be sufficient without &entionin( the na&es of the witnesses or the nu&bers or letters of e$hibits. E%er" record on a!!eal e$ceedin( twent" ( >) !a(es &ust contain a sub+ect inde$. (/a) SEC. :. (pproval of record on appeal 2 7!on the filin( of the record on a!!eal for a!!ro%al and if no ob+ection is filed b" the a!!ellee within fi%e (.) da"s fro& recei!t of a co!" thereof# the trial court &a" a!!ro%e it as !resented or u!on its own &otion or at the instance of the a!!ellee# &a" direct its a&end&ent b" the inclusion of an" o&itted &atters which are dee&ed essential to the deter&ination of the issue of law or fact in%ol%ed in the a!!eal. If the trial court orders the a&end&ent of the record# the a!!ellant# within the ti&e li&ited in the order# or such e$tension thereof as &a" be (ranted# or if no ti&e is fi$ed b" the order within ten (1>) da"s fro& recei!t thereof# shall redraft the record b" includin( therein# in their !ro!er chronolo(ical se9uence# such additional &atters as the court &a" ha%e directed hi& to incor!orate# and shall thereu!on sub&it the redrafted record for a!!ro%al# u!on notice to the a!!ellee# in like &anner as the ori(inal draft. (:a) SEC. <. oint record on appeal.22here both !arties are a!!ellants# the" &a" file a +oint record on a!!eal within the ti&e fi$ed b" section ' of this Rule# or that fi$ed b" the court. (<a) SEC. 9. $erfection of appeal; effect thereof 2) !art"Cs a!!eal b" notice of a!!eal is dee&ed !erfected as to hi& u!on the filin( of the notice of a!!eal in due ti&e. ) !art"Cs a!!eal b" record on a!!eal is dee&ed !erfected as to hi& with res!ect to the sub+ect &atter thereof u!on the a!!ro%al of the record on a!!eal filed in due ti&e. In a!!eals b" notice of a!!eal# the court loses +urisdiction o%er the case u!on the !erfection of the a!!eals filed in due ti&e and the e$!iration of the ti&e to a!!eal of the other !arties. In a!!eals b" record on a!!eal# the court loses +urisdiction onl" o%er the sub+ect &atter thereof u!on the a!!ro%al of the records on a!!eal filed in due ti&e and the e$!iration of the

ti&e to a!!eal of the other !arties. In either case# !rior to the trans&ittal of the ori(inal record or the record on a!!eal# the court &a" issue orders for the !rotection and !reser%ation of the ri(hts of the !arties which do not in%ol%e an" &atter liti(ated b" the a!!eal# a!!ro%e co&!ro&ises# !er&it a!!eals of indi(ent liti(ants# order e$ecution !endin( a!!eal in accordance with section of Rule '=# and allow withdrawal of the a!!eal. (=a) SEC. 1>. +uty of cler) of court of the lower court upon perfection of appeal.22ithin thirt" ('>) da"s after !erfection of all the a!!eals in accordance with the !recedin( section# it shall be the dut" of the clerk of court of the lower court0 (a) To %erif" the correctness of the ori(inal record or the record on a!!eal# as the case &a" be# and to &ake a certification of its correctness1 (b) To %erif" the co&!leteness of the records that will be trans&itted to the a!!ellate court1 (c) If found to be inco&!lete# to take such &easures as &a" be re9uired to co&!lete the records# a%ailin( of the authorit" that he or the court &a" e$ercise for this !ur!ose1 and (d) To trans&it records to the a!!ellate court. the

SEC. 1 . Transmittal.2The clerk of the trial court shall trans&it to the a!!ellate court the ori(inal record or the a!!ro%ed record on a!!eal within thirt" ('>) da"s fro& the !erfection of the a!!eal# to(ether with the !roof of !a"&ent of the a!!ellate court docket and other lawful fees# a certified true co!" of the &inutes of the !roceedin(s# the order of a!!ro%al# the certificate of correctness# the ori(inal docu&entar" e%idence referred to therein# and the ori(inal and three (') co!ies of the transcri!ts. Co!ies of the transcri!ts and certified true co!ies of the docu&entar" e%idence shall re&ain in the lower court for the e$a&ination of the !arties. (11a) SEC. 1'. +ismissal of appeal.2;rior to the trans&ittal of the ori(inal record or the record on a!!eal to the a!!ellate court# the trial court &a" motu proprio or on &otion dis&iss the a!!eal for ha%in( been taken out of ti&e# or for non6!a"&ent of the docket and other lawful fees within the re(le&entar" !eriod. (1'a)

RULE 20

PET!T!O- FOR RE !E; FRO3 T<E RE,!O-AL TR!AL COURTS TO T<E COURT OF APPEALS SECTION 1. 3ow appeal ta)en; time for filing.2) !art" desirin( to a!!eal fro& a decision of the Re(ional Trial Court rendered in the e$ercise of its a!!ellate +urisdiction &a" file a %erified !etition for re%iew with the Court of )!!eals# !a"in( at the sa&e ti&e to the clerk of said court the corres!ondin( docket and other lawful fees# de!ositin( the a&ount of ;.>>.>> for costs# and furnishin( the Re(ional Trial Court and the ad%erse !art" with a co!" of the !etition. The !etition shall be filed and ser%ed within fifteen (1.) da"s fro& notice of the decision sou(ht to be re%iewed or of the denial of !etitionerCs &otion for new trial or reconsideration filed in due ti&e after +ud(&ent. 7!on !ro!er &otion and the !a"&ent of the full a&ount of the docket and other lawful fees and the de!osit for costs before the e$!iration of the re(le&entar" !eriod# the Court of )!!eals &a" (rant an additional !eriod of fifteen (1.) da"s onl" within which to file the !etition for re%iew. No further e$tension shall be (ranted e$ce!t for the &ost co&!ellin( reason and in no case to e$ceed fifteen (1.) da"s. (n) SEC. . 4orm and contents.2The !etition shall be filed in se%en (:) le(ible co!ies# with the ori(inal co!" intended for the court bein( indicated as such b" the !etitioner# and shall (a) state the full na&es of the !arties to the case# without i&!leadin( the lower courts or +ud(es

If the efforts to co&!lete the records fail# he shall indicate in his letter of trans&ittal the e$hibits or transcri!ts not included in the records bein( trans&itted to the a!!ellate court# the reasons for their non6trans&ittal# and the ste!s taken or that could be taken to ha%e the& a%ailable. The clerk of court shall furnish the !arties with co!ies of his letter of trans&ittal of the records to the a!!ellate court. (1>a) SEC. 11. Transcript.27!on the !erfection of the a!!eal# the clerk shall i&&ediatel" direct the steno(ra!hers concerned to attach to the record of the case fi%e (.) co!ies of the transcri!ts of the testi&onial e%idence referred to in the record on a!!eal. The steno(ra!hers concerned shall transcribe such testi&onial e%idence and shall !re!are and affi$ to their transcri!ts an inde$ containin( the na&es of the witnesses and the !a(es wherein their testi&onies are found# and a. list of the e$hibits and the !a(es wherein each of the& a!!ears to ha%e been offered and ad&itted or re+ected b" the trial court. The transcri!ts shall be trans&itted to the clerk of the trial court who shall thereu!on arran(e the sa&e in the order in which the witnesses testified at the trial# and shall cause the !a(es to be nu&bered consecuti%el". (1 a)

thereof either as !etitioners or res!ondents1 (b) indicate the s!ecific &aterial dates showin( that it was filed on ti&e1 (c) set forth concisel" a state&ent of the &aters in%ol%ed# the issues raised# the s!ecification of errors of fact or law# or both# alle(edl" co&&itted b" the Re(ional Trial Court# and the reasons or ar(u&ents relied u!on for the allowance of the a!!eal1 (d) be acco&!anied b" clearl" le(ible du!licate ori(inals or true co!ies of the +ud(&ents or final orders of both lower courts# certified correct b" the clerk of court of the Re(ional Trial Court# the re9uisite nu&ber of !lain co!ies thereof and of the !leadin(s and other &aterial !ortions of the record as would su!!ort the alle(ations of the !etition. The !etitioner shall also sub&it to(ether with the !etition a certification under oath that he has not theretofore co&&enced an" other action in%ol%in( the sa&e issues in the Su!re&e Court# the Court of )!!eals or different di%isions thereof# or an" other tribunal or a(enc"1 if there is such other action or !roceedin(# he &ust state the status of the sa&e1 and if he should thereafter learn that a si&ilar action or !roceedin( has been filed or is !endin( before the Su!re&e Court# the Court of )!!eals# or different di%isions thereof# or an" other tribunal or a(enc"# he undertakes to !ro&!tl" infor& the aforesaid courts and other tribunal or a(enc" thereof within fi%e (.) da"s therefro&. (n) SEC. '. *ffect of failure to comply with re6uirements.2The failure of the !etitioner to co&!l" with an" of the fore(oin( re9uire&ents re(ardin( the !a"&ent of the docket and other lawful fees# the de!osit for costs# !roof of ser%ice of the !etition# and the contents of and the docu&ents which should acco&!an" the !etition shall be sufficient (round for the dis&issal thereof. (n) SEC. ,. (ction on the petition.2The Court of )!!eals &a" re9uire the res!ondent to file a co&&ent on the !etition# not a &otion to dis&iss# within ten (1>) da"s fro& notice# or dis&iss the !etition if it finds the sa&e to be !atentl" without &erit# !rosecuted &anifestl" for dela"# or that the 9uestions raised therein are too unsubstantial to re9uire consideration. (n) SEC. .. Contents of comment.2The co&&ent of the res!ondent shall be filed in se%en (:) le(ible co!ies# acco&!anied b" certified true co!ies of such &aterial !ortions of the record referred to therein to(ether with other su!!ortin( !a!ers and shall (a) state whether or not he acce!ts the state&ent of &atters in%ol%ed in the !etition1 (b) !oint out such insufficiencies or inaccuracies as he belie%es e$ist in !etitionerCs state&ent of &atters in%ol%ed but without re!etition1 and (c) state the reasons wh" the !etition should not be (i%en due course. ) co!" thereof shall be ser%ed on the !etitioner. (n)

SEC. /. +ue course.2If u!on the filin( of the co&&ent or such other !leadin(s as the court &a" allow or re9uire# or after the e$!iration of the !eriod for the filin( thereof without such co&&ent or !leadin( ha%in( been sub&itted# the Court of )!!eals finds prima facie that the lower court has co&&itted an error of fact or law that will warrant a re%ersal or &odification of the a!!ealed decision# it &a" accordin(l" (i%e due course to the !etition. (n) SEC. :. *levation of record.2hene%er the Court of )!!eals dee&s it necessar"# it &a" order the clerk of court of the Re(ional Trial Court to ele%ate the ori(inal record of the case includin( the oral and docu&entar" e%idence within fifteen (1.) da"s fro& notice.(n) 2 SEC. <. $erfection of appeal; effect thereof

(a) 7!on the ti&el" filin( of a !etition for re%iew and the !a"&ent of the corres!ondin( docket and other lawful fees# the a!!eal is dee&ed !erfected as to the !etitioner. The Re(ional Trial Court loses +urisdiction o%er the case u!on the !erfection of the a!!eals filed in due ti&e and the e$!iration of the ti&e to a!!eal of the other !arties. 8owe%er# before the Court of )!!eals (i%es due course to the !etition# the Re(ional Trial Court &a" issue orders for the !rotection and !reser%ation of the ri(hts of the !arties which do not in%ol%e an" &atter liti(ated b" the a!!eal# a!!ro%e corn6!ro&ises# !er&it a!!eals of indi(ent liti(ants# order e$ecution !endin( a!!eal in accordance with section of Rule '=# and allow withdrawal of the a!!eal. (=a# R,1) (b) E$ce!t in ci%il cases decided under the Rule on Su&&ar" ;rocedure# the a!!eal shall sta" the +ud(&ent or final order unless the Court of )!!eals# the law# or these Rules shall !ro%ide otherwise. (n) SEC. =. Submission for decision.2If the !etition is (i%en due course# the Court of )!!eals &a" set the case for oral ar(u&ent or re9uire the !arties to sub&it &e&oranda within a !eriod of fifteen (1.) da"s fro& notice. The case shall be dee&ed sub&itted for decision u!on the filin( of the last !leadin( or &e&orandu& re9uired b" these Rules or b" the court itself. (n)

RULE 21

APPEALS FRO3 T<E COURT OF TA? APPEALS A-. @UAS!>=U.!C!AL A,E-C!ES TO T<E COURT OF APPEALS

SECTION 1. Scope.2This Rule shall a!!l" to a!!eals fro& +ud(&ents or final orders of the Court of Ta$ )!!eals and fro& awards# +ud(&ents# final orders or resolutions of or authori-ed b" an" 9uasi6+udicial a(enc" in the e$ercise of its 9uasi6+udicial functions. )&on( these a(encies are the Ci%il Ser%ice Co&&ission# Central *oard of )ssess&ent )!!eals# Securities and E$chan(e Co&&ission# Office of the ;resident# Gand Re(istration )uthorit"# Social Securit" Co&&ission# Ci%il )eronautics *oard# *ureau of ;atents# Trade&arks and Technolo(" Transfer# National Electrification )d&inistration# Ener(" Re(ulator" *oard# National Teleco&&unications Co&&ission# De!art&ent of )(rarian Refor& under Re!ublic )ct No. //.:# @o%ern&ent Ser%ice Insurance S"ste&# E&!lo"ees Co&!ensation Co&&ission# )(ricultural In%entions *oard# Insurance Co&&ission# ;hili!!ine )to&ic Ener(" Co&&ission# *oard of In%est&ents# Construction Industr" )rbitration Co&&ission# and %oluntar" arbitrators authori-ed b" law. (n) SEC. . Cases not covered.This Rule shall not a!!l" to +ud(&ents or final orders issued under the Gabor Code of the ;hili!!ines. (n) SEC. '. #here to appeal.2)n a!!eal under this Rule &a" be taken to the Court of )!!eals within the !eriod and in the &anner herein !ro%ided# whether the a!!eal in%ol%es 9uestions of fact# of law# or &i$ed 9uestions of fact and law. (n) SEC. ,. $eriod of appeal.2The a!!eal shall be taken within fifteen (1.) da"s fro& notice of the award# +ud(&ent# final order or resolution# or fro& the date of its last !ublication# if !ublication is re9uired b" law for its effecti%it"# or of the denial of !etitionerCs &otion for new trial or reconsideration dul" filed in accordance with the (o%ernin( law of the court or a(enc" a 6uo. Onl" one (1) &otion for reconsideration shall be allowed. 7!on !ro!er &otion and the !a"&ent of the full a&ount of the docket fee before the e$!iration of the re(le&entar" !eriod# the Court of )!!eals &a" (rant an additional !eriod of fifteen (1.) da"s onl" within which to file the !etition for re%iew. No further e$tension shall be (ranted e$ce!t for the &ost co&!ellin( reason and in no case to e$ceed fifteen (1.) da"s. (n) SEC. .. 3ow appeal ta)en..2)!!eal shall be taken b" filin( a %erified !etition for re%iew in se%en (:) le(ible co!ies with the Court of )!!eals# with !roof of ser%ice of a co!" thereof on the ad%erse !art" and on the court or a(enc" a 6uo. The ori(inal co!" of the !etition intended for the Court of )!!eals shall be indicated as such b" the !etitioner. 7!on the filin( of the !etition# the !etitioner shall !a" to the clerk of court of the Court of )!!eals the docketin( and other lawful fees and de!osit the su& of ;.>>.>> for costs.

E$e&!tion fro& !a"&ent of docketin( and other lawful fees and the de!osit for costs &a" be (ranted b" the Court of )!!eals u!on a %erified &otion settin( forth %alid (rounds therefor. If the Court of )!!eals denies the &otion# the !etitioner shall !a" the docketin( and other lawful fees and de!osit for costs within fifteen (1.) da"s fro& notice of the denial. (n) SEC. /. Contents of the petition.2The !etition for re%iew shall (a) state the full na&es of the !arties to the case# without i&!leadin( the court or a(encies either as !etitioners or res!ondents1 (b) contain a concise state&ent of the facts and issues in%ol%ed and the (rounds relied u!on for the re%iew1 (c) be acco&!anied b" a clearl" le(ible du!licate ori(inal or a certified true co!" of the award# +ud(&ent# final order or resolution a!!ealed fro&# to(ether with certified true co!ies of such &aterial !ortions of the record referred to therein and other su!!ortin( !a!ers1 and (d) contain a sworn certification a(ainst foru& sho!!in( as !ro%ided in the last !ara(ra!h of section # Rule , . The !etition shall state the s!ecific &aterial dates showin( that it was filed within the !eriod fi$ed herein. ( a) SEC. :. *ffect of failure to comply with re6uirements.2The failure of the !etitioner to co&!l" with an" of the fore(oin( re9uire&ents re(ardin( the !a"&ent of the docket and other lawful fees# the de!osit for costs# !roof of ser%ice of the !etition# and the contents of and the docu&ents which should acco&!an" the !etition shall be sufficient (round for the dis&issal thereof. (n) SEC. <. (ction on the petition.2The Court of )!!eals &a" re9uire the res!ondent to file a co&&ent on the !etition# not a &otion to dis&iss# within ten (1>) da"s fro& notice# or dis&iss the !etition if it finds the sa&e to be !atentl" without &erit# !rosecuted &anifestl" for dela"# or that the 9uestions raised therein are too unsubstantial to re9uire consideration. (/a) SEC. =. Contents of comment.2The co&&ent shall be filed within ten (1>) da"s fro& notice in se%en (:) le(ible co!ies and acco&!anied b" clearl" le(ible certified true co!ies of such &aterial !ortions of the record referred to therein to(ether with other su!!ortin( !a!ers. The co&&ent shall (a) !oint out insufficiencies or inaccuracies in !etitionerCs state&ent of facts and issues1 and (b) state the reasons wh" the !etition should be denied or dis&issed. ) co!" thereof shall be ser%ed on the !etitioner# and !roof of such ser%ice shall be filed with the Court of )!!eals. (=a) SEC. 1>. +ue course.2If u!on the filin( of the co&&ent or such other !leadin(s or docu&ents as &a" be re9uired or allowed b" the Court of )!!eals or u!on the e$!iration of the !eriod for the filin( thereof# and on the basis of

the !etition or the records the Court of )!!eals finds prima facie that the court or a(enc" concerned has co&&itted errors of fact or law that would warrant re%ersal or &odification of the award# +ud(&ent# final order or resolution sou(ht to be re%iewed# it &a" (i%e due course to the !etition1 otherwise# it shall dis&iss the sa&e. The findin(s of fact of the court or a(enc" concerned# when su!!orted b" substantial e%idence# shall be bindin( on the Court of )!!eals. (n) SEC. 11. Transmittal of record.2ithin fifteen (1.) da"s fro& notice that the !etition has been (i%en due course# the Court of )!!eals &a" re9uire the court or a(enc" concerned to trans&it the ori(inal or a le(ible certified true co!" of the entire record of the !roceedin( under re%iew. The record to be trans&itted &a" be abrid(ed b" a(ree&ent of all !arties to the !roceedin(. The Court of )!!eals &a" re9uire or !er&it subse9uent correction of or addition to the record. (<a) SEC. 1 . *ffect of appeal2The a!!eal shall not sta" the award# +ud(&ent# final order of resolution sou(ht to be re%iewed unless the Court of )!!eals shall direct otherwise u!on such ter&s as it &a" dee& +ust. (1>a) SEC. 1'. Submission for decision.2If the !etition is (i%en due course# the Court of )!!eals &a" set the case for oral ar(u&ent or re9uire the !arties to sub&it &e&oranda within a !eriod of fifteen (1.) da"s fro& notice. The case shall be dee&ed sub&itted for decision u!on the filin( of the last !leadin( or &e&orandu& re9uired b" these Rules or b" the Court of )!!eals. (n)

the ori(inal record or the record on a!!eal is not trans&itted to the Court of )!!eals within thirt" ('>) da"s after the !erfection of the a!!eal# either !art" &a" file a &otion with the trial court# with notice to the other# for the trans&ittal of such record or record on a!!eal. ('a# R,/) SEC. ,. +oc)eting of case.7!on recei%in( the ori(inal record or the record on a!!eal and the acco&!an"in( docu&ents and e$hibits trans&itted b" the lower court# as well as the !roof of !a"&ent of the docket and other lawful fees# the clerk of court of the Court of )!!eals shall docket the case and notif" the !arties thereof. (,a# R,/) 2ithin ten (1>) da"s fro& recei!t of said notice# the a!!ellant# in a!!eals b" record on a!!eal# shall file with the clerk of court se%en (:) clearl" le(ible co!ies of the a!!ro%ed record on a!!eal# to(ether with the !roof of ser%ice of two ( ) co!ies thereof u!on the a!!ellee. )n" unauthori-ed alteration# o&ission or addition in the a!!ro%ed record on a!!eal shall be a (round for dis&issal of the a!!eal. (n) SEC. .. Completion of record.22here the record of the docketed case is inco&!lete# the clerk of court of the Court of )!!eals shall so infor& said court and reco&&ended to it &easures necessar" to co&!lete the record. It shall be the dut" of said court to take a!!ro!riate action towards the co&!letion of the record within the shortest !ossible ti&e. (n) SEC. /. +ispensing with complete record.2 2here the co&!letion of the record could not be acco&!lished within a sufficient !eriod allotted for said !ur!ose due to insu!erable or e$tre&el" difficult causes# the court# on its own &otion or on &otion of an" of the !arties# &a" declare that the record and its acco&!an"in( transcri!ts and e$hibits so far a%ailable are sufficient to decide the issues raised in the a!!eal# and shall issue an order e$!lainin( the reasons for such declaration. (n) SEC. :. (ppellant?s brief.It shall be the dut" of the a!!ellant to file with the court# within fort"6fi%e (,.) da"s fro& recei!t of the notice of the clerk that all the e%idence# oral and docu&entar"# are attached to the record# se%en (:) co!ies of his le(ibl" t"!ewritten# &i&eo(ra!hed or !rinted brief# with !roof of ser%ice of two ( ) co!ies thereof u!on the a!!ellee. (1>a# R,/) SEC. <. (ppellee?s brief2ithin fort"6fi%e (,.) da"s fro& recei!t of the a!!ellantCs brief# the a!!ellee shall file with the court se%en (:) co!ies of his le(ibl" t"!ewritten# &i&eo(ra!hed or !rinted brief# with !roof of ser%ice of two ( ) co!ies thereof u!on the a!!ellant. (11a# R,/) SEC. =. (ppellant?s reply brief.2ithin twent" ( >) da"s fro& recei!t of the a!!elleeCs

PROCE.URE !- T<E COURT OF APPEALS RULE 22

OR.!-AR/ APPEALE. CASES SECTION 1. Title of cases.2In all cases a!!ealed to the Court of )!!eals under Rule ,1# the title of the case shall re&ain as it was in the court of ori(in# but the !art" a!!ealin( the case shall be further referred to as the a!!ellant and the ad%erse !art" as the a!!ellee. (1a# R,/) SEC. . Counsel and guardians.2The counsel and (uardians ad litem of the !arties in the court of ori(in shall be res!ecti%el" considered as their counsel and (uardians ad litem in the Court of )!!eals. 2hen others a!!ear or are a!!ointed# notice thereof shall be ser%ed i&&ediatel" on the ad%erse !art" and filed with the court. ( a# R,/) SEC. '. Order of transmittal of record.2 If

brief# the a!!ellant &a" file a re!l" brief answerin( !oints in the a!!elleeCs brief not co%ered in his &ain brief. (1 # R,/) SEC. 1>. Time of filing memoranda in special cases.2In certiorari# !rohibition# &anda&us# 6uo warranto and habeas corpus cases# the !arties shall file# in lieu of briefs# their res!ecti%e &e&oranda within a non6e$tendible !eriod of thirt" ('>) da"s fro& recei!t of the notice issued b" the clerk that all the e%idence# oral and docu&entar"# is alread" attached to the record. (1'a# R,/) The failure of the a!!ellant to file his &e&orandu& within the !eriod therefor &a" be a (round for dis&issal of the a!!eal. (n) SEC. 11. Several appellants or appellees or several counsel for each party.2#here there are se%eral a!!ellants or a!!ellees# each counsel re!resentin( one or &ore but not all of the& shall be ser%ed with onl" one co!" of the briefs. 2hen se%eral counsel re!resent one a!!ellant or a!!ellee# co!ies of the brief &a" be ser%ed u!on an" of the&. (1,a# R,/) SEC. 1 . *,tension of time for filing briefs. 2*,tension of ti&e for the filin( of briefs will not be allowed# e$ce!t for (ood and sufficient cause# and onl" if the &otion for e$tension is filed before the e$!iration of the ti&e sou(ht to be e$tended. (1.# R,/) SEC. 1'. Contents of appellant?s brief.2 The a!!ellantCs brief shall contain# in the order herein indicated# the followin(0 (a) ) sub+ect inde$ of the &atter in the brief with a di(est of the ar(u&ents and !a(e references# and a table of cases al!habeticall" arran(ed# te$tbooks and statutes cited with references to the !a(es where the" are cited1 (b) )n assi(n&ent of errors intended to be ur(ed# which errors shall be se!aratel"# distinctl" and concisel" stated without re!etition and nu&bered consecuti%el"1 (c) 7nder the headin( 4State&ent of the Case#5 a clear and concise state&ent of the nature of the action# a su&&ar" of the !roceedin(s# the a!!ealed rulin(s and orders of the court# the nature of the +ud(&ent and an" other &atters necessar" to an understandin( of the nature of the contro%ers"# with !a(e references to the record1 (d) 7nder the headin( 4State&ent of ?acts#5 a clear and concise state&ent in a narrati%e for& of the facts ad&itted b" both !arties and of those in contro%ers"# to(ether with the substance of the !roof relatin( thereto in sufficient detail to &ake it clearl" intelli(ible# with !a(e references

to the record1 (e) ) clear and concise state&ent of the issues of fact or law to be sub&itted to the court for its +ud(&ent1 (f) 7nder the headin( 4)r(u&ent#5 the a!!ellantCs ar(u&ents on each assi(n&ent of error with !a(e references to the record. The authorities relied u!on shall be cited b" the !a(e of the re!ort at which the case be(ins and the !a(e of the re!ort on which the citation is found0 (() 7nder the headin( 4Relief#5 a s!ecification of the order or +ud(&ent which the a!!ellant seeks1 and (h) In cases not brou(ht u! b" record on a!!eal# the a!!ellantCs brief shall contain# as an a!!endi$# a co!" of the +ud(&ent or final order a!!ealed fro&. (1/a# R,/) SEC. 1,. Contents of appellee?s brief.2 The a!!elleeCs brief shall contain# in the order herein indicated# the followin(0 (a) ) sub+ect inde$ of the &atter in the brief with a di(est of the ar(u&ents and !a(e references# and a table of cases al!habeticall" arran(ed# te$tbooks and statutes cited with references to the !a(es where the" are cited1 (b) 7nder the headin( 4State&ent of ?acts#5 the a!!ellee shall state that he acce!ts the state&ent of facts in the a!!ellantCs brief# or under the headin( 4Counter6State&ent of ?acts#5 he shall !oint out such insufficiencies or inaccuracies as he belie%es e$ist in the a!!ellantCs state&ent of facts with references to the !a(es of the record in su!!ort thereof# but without re!etition of &atters in the a!!ellantCs state&ent of facts1 and (c) 7nder the headin( 4)r(u&ent#5 the a!!ellee shall set forth his ar(u&ents in the case on each assi(n&ent of error with !a(e references to the record. The authorities relied on shall be cited b" the !a(e of the re!ort at which the case be(ins and the !a(e of the re!ort on which the citation is found. SEC. 1.. 8uestions that may be raised on appeal.&2hether or not the a!!ellant has filed a &otion for new trial in the court below# he &a" include in his assi(n&ent of errors an" 9uestion of law or fact that has been raised in the court below and which is within the issues fra&ed b" the !arties.

RULE 25

in the last !ara(ra!h of section # Rule , . SEC. .. +ismissal or denial of petition.2 The failure of the !etitioner to co&!l" with an" of the fore(oin( re9uire&ents re(ardin( the !a"&ent of the docket and other lawful fees# de!osit for costs# !roof of ser%ice of the !etition# and the contents of and the docu&ents which should acco&!an" the !etition shall be sufficient (round for the dis&issal thereof. The Su!re&e Court &a" on its own initiati%e den" the !etition on the (round that the a!!eal is without &erit# or is !rosecuted &anifestl" for dela"# or that the 9uestions raised therein are too unsubstantial to re9uire consideration. SEC. /. Review discretionary.2) re%iew is not a &atter of ri(ht# but of sound +udicial discretion# and will be (ranted onl" when there are s!ecial and i&!ortant reasons therefor. The followin(# while neither controllin( nor full" &easurin( the courtCs discretion# indicate the character of the reasons which will be considered0 (a) 2hen the court a 9uo has decided a 9uestion of substance# not theretofore deter&ined b" the Su!re&e Court# or has decided it in a wa" !robabl" not in accord with law or with the a!!licable decisions of the Su!re&e Court1 or (b) 2hen the court a 9uo has so far de!arted fro& the acce!ted and usual course of +udicial !roceedin(s# or so far sanctioned such de!arture b" a lower court# as to call for an e$ercise of the !ower of su!er%ision. (,a) SEC. :. $leadings and documents that may be re6uired; sanctions.2?or !ur!oses of deter&inin( whether the !etition should be dis&issed or denied !ursuant to section . of this Rule# or where the !etition is (i%en due course under section < hereof# the Su!re&e Court &a" re9uire or allow the filin( of such !leadin(s# briefs# &e&oranda or docu&ents as it &a" dee& necessar" within such !eriods and under such conditions as it &a" consider a!!ro!riate# and i&!ose the corres!ondin( sanctions in case of non6filin( or unauthori-ed filin( of such !leadin(s and docu&ents or nonco&!liance with the conditions thereof. (n) SEC. <. +ue course; elevation of records.2 If the !etition is (i%en due course# the Su!re&e Court &a" re9uire the ele%ation of the co&!lete record of the case or s!ecified !arts thereof within fifteen (1.) da"s fro& notice. ( a) SEC. =. Rule applicable to both civil and criminal cases.2The &ode of a!!eal !rescribed in this Rule shall be a!!licable to both ci%il and cri&inal cases# e$ce!t in cri&inal cases where the !enalt" i&!osed is death# reclusion perpetua

APPEAL )/ CERT!ORAR! TO T<E SUPRE3E COURT SECTION 1. 4iling of petition with Supreme Court.2) !art" desirin( to a!!eal b" certiorari fro& a +ud(&ent or final order or resolution of the Court of )!!eals# the Sandi(anba"an# the Re(ional Trial Court or other courts whene%er authori-ed b" law# &a" file with the Su!re&e Court a %erified !etition for re%iew on certiorari. The !etition shall raise onl" 9uestions of law which &ust be distinctl" set forth. SEC. . Time for filing; e,tension.2 The !etition shall be filed within fifteen (1.) da"s fro& notice of the +ud(&ent or final order or resolution a!!ealed fro&# or of the denial of the !etitionerCs &otion for new trial or reconsideration filed in due ti&e after notice of the +ud(&ent. On &otion dul" filed and ser%ed# with full !a"&ent of the docket and other lawful fees and the de!osit for costs before the e$!iration of the re(le&entar" !eriod# the Su!re&e Court &a" for +ustifiable reasons (rant an e$tension of thirt" ('>) da"s onl" within which to file the !etition. (1a# .a) SEC. '. +oc)et and other lawful fees; proof of service of petition.27nless he has theretofore done so# the !etitioner shall !a" the corres!ondin( docket and other lawful fees to the clerk of court of the Su!re&e Court and de!osit the a&ount of ;.>>.>> for costs at the ti&e of the filin( of the !etition. ;roof of ser%ice of a co!" thereof on the lower court concerned and on the ad%erse !art" shall be sub&itted to(ether with the !etition. (1a) SEC. ,. Contents of petition2The !etition shall be filed in ei(hteen (1<) co!ies# with the ori(inal co!" intended for the court bein( indicated as such b" the !etitioner# and shall (a) state the full na&e of the a!!ealin( !art" as the !etitioner and the ad%erse !art" as res!ondent# without i&!leadin( the lower courts or +ud(es thereof either as !etitioners or res!ondents1 (b) indicate the &aterial dates showin( when notice of the +ud(&ent or final order or resolution sub+ect thereof was recei%ed# when a &otion for new trial or reconsideration# if an"# was filed and when notice of the denial thereof was recei%ed1 (c) set forth concisel" a state&ent of the &atters in%ol%ed# and the reasons or ar(u&ents relied on for the allowance of the !etition1 (d) be acco&!anied b" a clearl" le(ible du!licate ori(inal# or a certified true co!" of the +ud(&ent or final order or resolution certified b" the clerk of court of the court a 6uo and the re9uisite nu&ber of !lain co!ies thereof# and such &aterial !ortions of the record as would su!!ort the !etition1 and (e) contain a sworn certification a(ainst foru& sho!!in( as !ro%ided

or life i&!rison&ent. (n)

RULE 24

OR!,!-AL CASES SECTION 1. Title of cases.2In all cases ori(inall" filed in the Court of )!!eals# the !art" institutin( the action shall be called the !etitioner and the o!!osin( !art" the res!ondent. (1a) SEC. . To what actions applicable.2This Rule shall a!!l" to ori(inal actions for certiorari# !rohibition# mandamus and 6uo warranto. E$ce!t as otherwise !ro%ided# the actions for annul&ent of +ud(&ent shall be (o%erned b" Rule ,:# for certiorari# !rohibition and &anda&us b" Rule /.# and for 6uo warranto b" Rule //. (n) SEC. '. Contents and filing of petition; effect of non&compliance with re6uirements.2 The !etition shall contain the full na&es and actual addresses of all the !etitioners and res!ondents# a concise state&ent of the &atters in%ol%ed# the factual back(round of the case# and the (rounds relied u!on for the relief !ra"ed for. In actions filed under Rule /.# the !etition shall further indicate the &aterial dates showin( when notice of the +ud(&ent or final order or resolution sub+ect thereof was recei%ed# when a &otion for new trial or reconsideration# if an"# was filed and when notice of the denial thereof was recei%ed. It shall be filed in se%en (:) clearl" le(ible co!ies to(ether with !roof of ser%ice thereof on the res!ondent with the ori(inal co!" intended for the court indicated as such b" the !etitioner# and shall be acco&!anied b" a clearl" le(ible du!licate ori(inal or certified true co!" of the +ud(&ent# order# resolution# or rulin( sub+ect thereof# such &aterial !ortions of the record as are referred to therein# and other docu&ents rele%ant or !ertinent thereto. The certification shall be acco&!lished b" the !ro!er clerk of court or b" his dul" authori-ed re!resentati%e# or b" the !ro!er officer of the court# tribunal# a(enc" or office in%ol%ed or b" his dul" authori-ed re!resentati%e. The other re9uisite nu&ber of co!ies of the !etition shall be acco&!anied b" clearl" le(ible !lain co!ies of all docu&ents attached to the ori(inal. The !etitioner shall also sub&it to(ether with the !etition a sworn certification that he has not theretofore co&&enced an" other action in%ol%in( the sa&e issues in the Su!re&e Court#

the Court of )!!eals or different di%isions thereof# or an" other tribunal or a(enc"1 if there is such other action or !roceedin(# he &ust state the status of the sa&e1 and if he should thereafter learn that a si&ilar action or !roceedin( has been filed or is !endin( before the Su!re&e Court# the Court of )!!eals# or different di%isions thereof# or an" other tribunal or a(enc"# he undertakes to !ro&!tl" infor& the aforesaid courts and other tribunal or a(enc" thereof within fi%e (.) da"s therefro&. The !etitioner shall !a" the corres!ondin( docket and other lawful fees to the clerk of court and de!osit the a&ount of ;.>>.>> for costs at the ti&e of the filin( of the !etition. The failure of the !etitioner to co&!l" with an" of the fore(oin( re9uire&ents shall be sufficient (round for the dis&issal of the !etition. (n) SEC. ,. urisdiction over person of respondent, how ac6uired.2The court shall ac9uire +urisdiction o%er the !erson of the res!ondent b" the ser%ice on hi& of its order or resolution indicatin( its initial action on the !etition or b" his %oluntar" sub&ission to such +urisdiction. (n) SEC. .. (ction by the court.2The court &a" dis&iss the !etition outri(ht with s!ecific reasons for such dis&issal or re9uire the res!ondent to file a co&&ent on the sa&e within ten (1>) da"s fro& notice. Onl" !leadin(s re9uired b" the court shall be allowed. )ll other !leadin(s and !a!ers# &a" be filed onl" with lea%e of court. (n) SEC. /. +etermination of factual issues 2hene%er necessar" to resol%e factual issues# the court itself &a" conduct hearin(s thereon or dele(ate the rece!tion of the e%idence on such issues to an" of its &e&bers or to an a!!ro!riate court# a(enc" or office. (n) SEC. <. *ffect of failure to file comment.2 2hen no co&&ent is filed b" an" of the res!ondents# the case &a" be decided on the basis of the record# without !re+udice to an" disci!linar" action which the court &a" take a(ainst the disobedient !art". (n)

RULE 27

A--UL3E-T OF =U.,3E-TS OR F!-AL OR.ERS A-. RESOLUT!O-S SECTION 1. Coverage.2This Rule shall (o%ern the annul&ent b" the Court of )!!eals of +ud(&ents or final orders and resolutions in ci%il actions of Re(ional Trial Courts for which the

ordinar" re&edies of new trial# a!!eal# !etition for relief or other a!!ro!riate re&edies are no lon(er a%ailable throu(h no fault of the !etitioner. (n) SEC. . -rounds for annulment.2The annul&ent &a" be based onl" on the (rounds of e$trinsic fraud and lack of +urisdiction. E$trinsic fraud shall not be a %alid (round if it was a%ailed of# or could ha%e been a%ailed of# in a &otion for new trial or !etition for relief. (n) SEC. '. $eriod for filing action.2 If based on e$trinsic fraud# the action &ust be filed within four (,) "ears fro& its disco%er"1 and if based on lack of +urisdiction# before it is barred b" laches or esto!!el. (n) SEC. ,. 4iling and contents of petition.2 The action shall be co&&enced b" filin( a %erified !etition alle(in( therein with !articularit" the facts and the law relied u!on for annul&ent# as well as those su!!ortin( the !etitionerCs (ood and substantial cause of action or defense# as the case &a" be. The !etition shall be filed in se%en (:) clearl" le(ible co!ies# to(ether with sufficient co!ies corres!ondin( to the nu&ber of res!ondents. ) certified true co!" of the +ud(&ent or final order or resolution shall be attached to the ori(inal co!" of the !etition intended for the court and indicated as such b" the !etitioner. The !etitioner shall also sub&it to(ether with the !etition affida%its of witnesses or docu&ents su!!ortin( the cause of action or defense and a sworn certification that he has not theretofore co&&enced an" other action in%ol%in( the sa&e issues in the Su!re&e Court# the Court of )!!eals or different di%isions thereof# or an" other tribunal or a(enc"1 if there is such other action or !roceedin(# he &ust state the status of the sa&e# and if he should thereafter learn that a si&ilar action or !roceedin( has been filed or is !endin( before the Su!re&e Court# the Court of )!!eals# or different di%isions thereof# or an" other tribunal or a(enc"# he undertakes to !ro&!tl" infor& the aforesaid courts and other tribunal or a(enc" thereof within fi%e (.> da"s therefro&. (n) SEC. .. (ction by the court.Should the court find no substantial &erit in the !etition# the sa&e &a" be dis&issed outri(ht with s!ecific reasons for such dis&issal. Should prima facie &erit be found in the !etition# the sa&e shall be (i%en due course and su&&ons shall be ser%ed on the res!ondent. (n) SEC. /. $rocedure.2The !rocedure in ordinar" ci%il cases shall be obser%ed. Should a trial be necessar"# the rece!tion of the e%idence &a" be referred to a &e&ber of the court or a +ud(e of a Re(ional Trial Court. (n)

SEC. :. *ffect of "udgment& ) +ud(&ent of annul&ent shall set aside the 9uestioned +ud(&ent or final order or resolution and render the sa&e null and %oid# without !re+udice to the ori(inal action bein( refiled in the !ro!er court. 8owe%er# where the +ud(&ent or final order or resolution is set aside on the (round of e$trinsic fraud# the court &a" on &otion order the trial court to tr" the case as if a ti&el" &otion for new trial had been (ranted therein. (n) SEC. <. Suspension of prescriptive period. 2The !rescri!ti%e !eriod for the refilin( of the aforesaid ori(inal action shall be dee&ed sus!ended fro& the filin( of said ori(inal action until the finalit" of the +ud(&ent of annul&ent. 8owe%er# the !rescri!ti%e !eriod shall not be sus!ended where the e$trinsic fraud is attributable to the !laintiff in the ori(inal action. (n) SEC. =. Relief available.2The +ud(&ent of annul&ent &a" include the award of da&a(es# attorne"Cs fees and other relief. If the 9uestioned +ud(&ent or final order or resolution had alread" been e$ecuted# the court &a" issue such orders of restitution or other relief as +ustice and e9uit" &a" warrant under the circu&stances. (n) SEC. 1>. (nnulment of "udgments or final orders of !unicipal Trial Courts.2)n action to annul a +ud(&ent or final order of a 3unici!al Trial Court shall be filed in the Re(ional Trial Court ha%in( +urisdiction o%er the for&er. It shall be treated as an ordinar" ci%il action and sections # '# ,# :# < and = of this Rule shall be a!!licable thereto. (n)

RULE 28

PREL!3!-AR/ CO-FERE-CE SECTION 1. $reliminary conference.2)t an" ti&e durin( the !endenc" of a case# the court &a" call the !arties and their counsel to a !reli&inar" conference. (a) To consider the !ossibilit" of an a&icable settle&ent# e$ce!t when the case is not allowed b" law to be co&!ro&ised1 (b) To define# si&!lif" and clarif" the issues for deter&ination1 (c) To for&ulate sti!ulations of facts and ad&issions of docu&entar" e$hibits# li&it the nu&ber of witnesses to be !resented in cases fallin( within the ori(inal +urisdiction of the court# or those within its a!!ellate +urisdiction where a &otion for new trial is (ranted on the (round of newl" disco%ered e%idence1 and

(d) To take u! such other &atters which &a" aid the court in the !ro&!t dis!osition of the case. (Rule :# C) Internal Rules) (n) SEC. . Record of the conference.2The !roceedin(s at such conference shall be recorded and# u!on the conclusion thereof# a resolution shall be issued e&bod"in( all the actions taken therein# the sti!ulations and ad&issions &ade# and the issues defined. (n) SEC. '. 1inding effect of the results of the conference.2Sub+ect to such &odifications which &a" be &ade to !re%ent &anifest in+ustice# the resolution in the !recedin( section shall control the subse9uent !roceedin(s in the case unless# within fi%e (.) da"s fro& notice thereof# an" !art" shall satisfactoril" show %alid cause wh" the sa&e should not be followed. (n)

Court of )!!eals# on its own &otion or on that of the a!!ellee# on the followin( (rounds0 (a) ?ailure of the record on a!!eal to show on its face that the a!!eal was taken within the !eriod fi$ed b" these Rules1 (b) ?ailure to file the notice of a!!eal or the record on a!!eal within the !eriod !rescribed b" these Rules1 (c) ?ailure of the a!!ellant to !a" the docket and other lawful fees as !ro%ided in section , of Rule ,11 (d) 7nauthori-ed alterations# o&issions or additions in the a!!ro%ed record on a!!eal as !ro%ided in section , of Rule ,,1 (e) ?ailure of the a!!ellant to ser%e and file the re9uired nu&ber of co!ies of his brief or &e&orandu& within the ti&e !ro%ided b" these Rules1 (f) )bsence of s!ecific assi(n&ent of errors in the a!!ellantCs brief# or of !a(e references to the record as re9uired in section 1'# !ara(ra!hs (a)# (c)# (d) and (f) of Rule ,,1 (() ?ailure of the a!!ellant to take the necessar" ste!s for the correction or co&!letion of the record within the ti&e li&ited b" the court in its order1 (h) ?ailure of the a!!ellant to a!!ear at the !reli&inar" conference under Rule ,< or to co&!l" with orders# circulars# or directi%es of the court without +ustifiable cause1 and (i) The fact that order or +ud(&ent a!!ealed fro& is not a!!ealable. (1a) SEC. . +ismissal of improper appeal to the Court of (ppeals.2)n a!!eal under Rule ,1 taken fro& the Re(ional Trial Court to the Court of )!!eals raisin( onl" 9uestions of law shall be dis&issed# issues !urel" of law not bein( re%iewable b" said court. Si&ilarl"# an a!!eal b" notice of a!!eal instead of b" !etition for re%iew fro& the a!!ellate +ud(&ent of a Re(ional Trial Court shall be dis&issed. (n) )n a!!eal erroneousl" taken to the Court of )!!eals shall not be transferred to the a!!ro!riate court but shall be dis&issed outri(ht. ('a) SEC. '. #ithdrawal of appeal.2)n a!!eal &a" be withdrawn as of ri(ht at an" ti&e before the filin( of the a!!elleeCs brief. Thereafter# the withdrawal &a" be allowed in the discretion of the court. (,a)

RULE 29

ORAL AR,U3E-T SECTION 1. #hen allowed.2)t its own instance or u!on &otion of a !art"# the court &a" hear the !arties in oral ar(u&ent on the &erits of a case# or on an" &aterial incident in connection therewith. (n) The oral ar(u&ent shall be li&ited to such &atters as the court &a" s!ecif" in its order of resolution. (1a# R,<) SEC. . Conduct of oral argument27nless authori-ed b" the court# onl" one counsel &a" ar(ue for a !art". The duration allowed for each !art"# the se9uence of the ar(u&entation# and all other related &atters shall be as directed b" the court. (n) SEC. '. %o hearing or oral argument for motions.23otions shall not be set for hearin( and# unless the court otherwise directs# no hearin( or oral ar(u&ent shall be allowed in su!!ort thereof. The ad%erse !art" &a" file ob+ections to the &otion within fi%e (.) da"s fro& ser%ice# u!on the e$!iration of which such &otion shall be dee&ed sub&itted for resolution. ( a# R,=)

RULE 5:

.!S3!SSAL OF APPEAL SECTION 1. -rounds for dismissal of appeal2)n a!!eal &a" be dis&issed b" the

RULE 5+

=U.,3E-T SECTION 1. #hen case deemed submitted for "udgment.2) case shall be dee&ed sub&itted for +ud(&ent0 ). In ordinar" a!!eals.

+ud(&ent or final order a!!ealed fro&# and &a" direct a new trial or further !roceedin(s to be had. ('a) SEC. .. 4orm of decision.2E%er" decision or final resolution of the court in a!!ealed cases shall clearl" and distinctl" state the findin(s of fact and the conclusions of law on which it is based# which &a" be contained in the decision or final resolution itself# or ado!ted fro& those set forth in the decision# order# or resolution a!!ealed fro&. (Sec. ,># *; *l(. 1 =) (n) SEC. /. 3armless error.2No error in either the ad&ission or the e$clusion of e%idence and no error or defect in an" rulin( or order or in an"thin( done or o&itted b" the trial court or b" an" of the !arties is (round for (rantin( a new trial or for settin( aside# &odif"in(# or otherwise disturbin( a +ud(&ent or order# unless refusal to take such action a!!ears to the court inconsistent with substantial +ustice. The court at e%er" sta(e of the !roceedin( &ust disre(ard an" error or defect which does not affect the substantial ri(hts of the !arties. (.a) SEC. :. udgment where there are several parties.2In all actions or !roceedin(s# an a!!ealed +ud(&ent &a" be affir&ed as to so&e of the a!!ellants# and re%ersed as to others# and the case shall thereafter be !roceeded with# so far as necessar"# as if se!arate actions had been be(un and !rosecuted1 and e$ecution of the +ud(&ent of affir&ance &a" be had accordin(l"# and costs &a" be ad+ud(ed in such cases# as the court shall dee& !ro!er. (/) SEC. <. 8uestions that may be decided.2 No error which does not affect the +urisdiction o%er the sub+ect &atter or the %alidit" of the +ud(&ent a!!ealed fro& or the !roceedin(s therein will be considered unless stated in the assi(n&ent of errors# or closel" related to or de!endent on an assi(ned error and !ro!erl" ar(ued in the brief# sa%e as the court &a" !ass u!on !lain errors and clerical errors. (:a) SEC. =. $romulgation and notice of "udgment.2)fter the +ud(&ent or final resolution and dissentin( or se!arate o!inions# if an"# are si(ned b" the Eustices takin( !art# the" shall be deli%ered for filin( to the clerk who shall indicate thereon the date of !ro&ul(ation and cause true co!ies thereof to be ser%ed u!on the !arties or their counsel. (n) SEC. 1>. *ntry of "udgments and final resolutions.2If no a!!eal or &otion for new trial or reconsideration is filed within the ti&e !ro%ided in these Rules# the +ud(&ent or final resolution shall forthwith be entered b" the clerk in the book of entries of +ud(&ents. The date when the +ud(&ent or final resolution beco&es e$ecutor" shall be dee&ed as the date of its entr". The record shall contain the dis!ositi%e !art of the +ud(&ent or final resolution and shall be si(ned b" the clerk# with a certificate that such +ud(&ent or final resolution has beco&e

1) 2here no hearin( on the &erits of the &ain case is held# u!on the filin( of the last !leadin(# brief# or &e&orandu& re9uired b" the Rules or b" the court itself# or the e$!iration of the !eriod for its filin(. ) 2here such a hearin( is held# u!on its ter&ination or u!on the filin( of the last !leadin( or &e&orandu& as &a" be re9uired or !er&itted to be filed b" the court# or the e$!iration of the !eriod for its filin(. *. In ori(inal !etitions for re%iew. actions and

1) 2here no co&&ent is filed# u!on the e$!iration of the !eriod to co&&ent. ) 2here no hearin( is held# u!on the filin( of the last !leadin( re9uired or !er&itted to be filed b" the court# or the e$!iration of the !eriod for its filin(. ') 2here a hearin( on the &erits of the &ain case is held# u!on its ter&ination or u!on the filin( of the last !leadin( or &e&orandu& as &a" be re9uired or !er&itted to be filed b" the court# or the e$!iration of the !eriod for its filin(. (n) SEC. . 1y whom rendered.2The +ud(&ent shall be rendered b" the &e&bers of the court who !artici!ated in the deliberation on the &erits of the case before its assi(n&ent to a &e&ber for the writin( of the decision. (n) SEC. '. 8uorum and voting in the court2 The !artici!ation of all three Eustices of a di%ision shall be necessar" at the deliberation and the unani&ous %ote of the three Eustices shall be re9uired for the !ronounce&ent of a +ud(&ent or final resolution. If the three Eustices do not reach a unani&ous %ote# the clerk shall enter the %otes of the dissentin( Eustices in the record. Thereafter# the Chair&an of the di%ision shall refer the case# to(ether with the &inutes of the deliberation# to the ;residin( Eustice who shall desi(nate two Eustices chosen b" raffle fro& a&on( all the other &e&bers of the court to sit te&!oraril" with the&# for&in( a s!ecial di%ision of fi%e Eustices. The !artici!ation of all the fi%e &e&bers of the s!ecial di%ision shall be necessar" for the deliberation re9uired in section of this Rule and the concurrence of a &a+orit" of such di%ision shall be re9uired for the !ronounce&ent of a +ud(&ent or final resolution. ( a) SEC. ;. +isposition of a case.2The Court of )!!eals# in the e$ercise of its a!!ellate +urisdiction# &a" affir&# re%erse# or &odif" the

final and e$ecutor". ( a# R'/) SEC. 11. *,ecution of +ud(&ent. E$ce!t where the +ud(&ent or final order or resolution# or a !ortion thereof# is ordered to be i&&ediatel" e$ecutor"# the &otion for its e$ecution &a" onl" be filed in the !ro!er court after its entr". In ori(inal actions in the Court of )!!eals# its writ of e$ecution shall be acco&!anied b" a certified true co!" of the entr" of +ud(&ent or final resolution and addressed to an" a!!ro!riate officer for its enforce&ent. In a!!ealed cases# where the &otion for e$ecution !endin( a!!eal is filed in the Court of )!!eals at a ti&e that it is in !ossession of the ori(inal record or the record on a!!eal# the resolution (rantin( such &otion shall be trans&itted to the lower court fro& which the case ori(inated# to(ether with a certified true co!" of the +ud(&ent or final order to be e$ecuted# with a directi%e for such court of ori(in to issue the !ro!er writ for its enforce&ent. (n)

-E; TR!AL SECTION 1. $eriod for filing; ground.2)t an" ti&e after the a!!eal fro& the lower court has been !erfected and before the Court of )!!eals loses +urisdiction o%er the case# a !art" &a" file a &otion for a new trial on the (round of newl" disco%ered e%idence which could not ha%e been disco%ered !rior to the trial in the court below b" the e$ercise of due dili(ence and which is of such a character as would !robabl" chan(e the result. The &otion shall be acco&!anied b" affida%its showin( the facts constitutin( the (rounds therefor and the newl" disco%ered e%idence. (1a) SEC. . 3earing and order.2The Court of )!!eals shall consider the new e%idence to(ether with that adduced at the trial below# and &a" (rant or refuse a new trial# or &a" &ake such order# with notice to both !arties# as to the takin( of further testi&on"# either orall" in court# or b" de!ositions# or render such other +ud(&ent as ou(ht to be rendered u!on such ter&s as it &a" dee& +ust. ( a) SEC. '. Resolution of motion2In the Court of )!!eals# a &otion for new trial shall be resol%ed within ninet" (=>) da"s fro& the date when the court declares it sub&itted for resolution. (n) SEC. ,. $rocedure in new trial7nless the court otherwise directs# the !rocedure in the new trial shall be the sa&e as that (ranted b" a Re(ional Trial Court. ('a)

RULE 50

3OT!O- FOR RECO-S!.ERAT!OSECTION 1. $eriod for filing.2) !art" &a" file a &otion for reconsideration of a +ud(&ent or final resolution within fifteen (1.) da"s fro& notice thereof# with !roof of ser%ice on the ad%erse !art". (n) SEC. . Second motion for reconsideration. 2No second &otion for reconsideration of a +ud(&ent or final resolution b" the sa&e !art" shall be entertained. (n) SEC. '. Resolution of motion..2In the Court of )!!eals# a &otion for reconsideration shall be resol%ed within ninet" (=>) da"s fro&# the date when the court declares it sub&itted for resolution. (n) SEC. ,. Stay of e,ecution.2The !endenc" of a &otion for reconsideration filed on ti&e and b" the !ro!er !art" shall sta" the e$ecution of the +ud(&ent or final resolution sou(ht to be reconsidered unless the court# for (ood reasons# shall otherwise direct. (n)

RULE 52

!-TER-AL )US!-ESS SECTION 1. +istribution of cases among divisions.2)ll the cases of the Court of )!!eals shall be allotted a&on( the different di%isions thereof for hearin( and decision. The Court of )!!eals# sittin( en banc, shall &ake !ro!er orders or rules to (o%ern the allot&ent of cases a&on( the different di%isions# the constitution of such di%isions# the re(ular rotation of Eustices a&on( the&# the filin( of %acancies occurrin( therein# and other &atters relatin( to the business of the court1 and such rules shall continue in force until re!ealed or altered b" it or b" the Su!re&e Court. (1a) SEC. . 8uorum of the court.2) &a+orit" of the actual &e&bers of the court shall constitute a 9uoru& for its sessions en banc. Three &e&bers shall constitute a 9uoru& for the sessions of a di%ision. The affir&ati%e %otes of the &a+orit" of the &e&bers !resent shall be necessar" to !ass a resolution of the court en

RULE 51

banc. The affir&ati%e %otes of three &e&bers of a di%ision shall be necessar" for the !ronounce&ent of a +ud(&ent or final resolution# which shall be reached in consultation before the writin( of the o!inion b" an" &e&ber of the di%ision. (Sec. 11# first !ar. of *; *l(. 1 =# as a&ended b" Sec. / of EO ''). ('a)

OR!,!-AL A-. APPEALE. CASES A6 Ori'inal Cases SECTION 1. Original cases cogni5able.2 Onl" !etitions for certiorari# !rohibition# &anda&us# 9uo warranto# habeas cor!us# disci!linar" !roceedin(s a(ainst &e&bers of the +udiciar" and attorne"s# and cases affectin( a&bassadors# other !ublic &inisters and consuls &a" be filed ori(inall" in the Su!re&e Court. (n) SEC. . Rules applicable.2The !rocedure in ori(inal cases for certiorari# !rohibition# &anda&us# 9uo warranto and habeas cor!us shall be in accordance with the a!!licable !ro%isions of the Constitution# laws# and Rules ,/# ,<# ,=# .1# . and this Rule# sub+ect to the followin( !ro%isions0 a) )ll references in said Rules to the Court of )!!eals shall be understood to also a!!l" to the Su!re&e Court1 b) The !ortions of said Rules dealin( strictl" with and s!ecificall" intended for a!!ealed cases in the Court of )!!eals shall not be a!!licable1 and c) Ei(hteen (1<) clearl" le(ible co!ies of the !etition shall be filed# to(ether with !roof of ser%ice on all ad%erse !arties. The !roceedin(s for disci!linar" action a(ainst &e&bers of the +udiciar" shall be (o%erned b" the laws and Rules !rescribed therefor# and those a(ainst attorne"s b" Rule 1'=6*# as a&ended. (n) )6 Appeale& Cases SEC. '. !ode of appeal2)n a!!eal to the Su!re&e Court &a" be taken onl" b" a !etition for re%iew on certiorari# e$ce!t in cri&inal cases where the !enalt" i&!osed is death# reclusion perpetua or life i&!rison&ent. (n) SEC. ,. $rocedure.2The a!!eal shall be (o%erned b" and dis!osed of in accordance with the a!!licable !ro%isions of the Constitution# laws# Rules ,.# ,<# sections 1# # and . to 11 of Rule .1# . and this Rule. (n) SEC. .. -rounds for dismissal of appeal.2 The a!!eal &a" be dis&issed motu proprio or on &otion of the res!ondent on the followin( (rounds0 (a) ?ailure to take the a!!eal within the re(le&entar" !eriod1 (b) Gack of &erit in the !etition1

RULE 55

PU)L!CAT!O- OF =U.,3E-TS A-. F!-AL RESOLUT!O-S SECTION 1. $ublication.2The +ud(&ents and final resolutions of the court shall be !ublished in the Official @a-ette and in the Re!orts officiall" authori-ed b" the court in the lan(ua(e in which the" ha%e been ori(inall" written# to(ether with the s"llabi therefor !re!ared b" the re!orter in consultation with the writers thereof. 3e&oranda of all other +ud(&ents and final resolutions not so !ublished shall be &ade b" the re!orter and !ublished in the Official @a-ette and the authori-ed re!orts. (1a) SEC. . $reparation of opinions for publication.2The re!orter shall !re!are and !ublish with each re!orted +ud(&ent and final resolution a concise s"no!sis of the facts necessar" for a clear understandin( of the case# the na&es of counsel# the &aterial and contro%erted !oints in%ol%ed# the authorities cited therein# and a s"llabus which shall be confined to !oints of law. (Sec. a# R.). No. =/) (n) SEC. '. -eneral ma)e&up of volumes.2The !ublished decisions and final resolutions of the Su!re&e Court shall be called 4;hili!!ine Re!orts#5 while those of the Court of )!!eals shall be known as the 4Court of )!!eals Re!orts.5 Each %olu&e thereof shall contain a table of the cases re!orted and the cases cited in the o!inions# with a co&!lete al!habetical inde$ of the sub+ect &atters of the %olu&e. It shall consist of not less than se%en hundred# !a(es !rinted u!on (ood !a!er# well bound and nu&bered consecuti%el" in the order of the %olu&es !ublished. (Sec. 'a# R.). No. =/) (n)

PROCE.URE !- T<E SUPRE3E COURT RULE 54

(c) ?ailure to !a" the re9uisite docket fee and other lawful fees or to &ake a de!osit for costs1 (d) ?ailure to co&!l" with the re9uire&ents re(ardin( !roof of ser%ice and contents of and the docu&ents which should acco&!an" the

!etition1 (e) ?ailure to co&!l" with an" circular# directi%e or order of the Su!re&e Court without +ustifiable cause1 and (f) Error in the choice or &ode of a!!eal1

e&be--led or fraudulentl" &isa!!lied or con%erted to his own use b" a !ublic officer# or an officer of a cor!oration# or an attorne"# factor# broker# a(ent# or clerk# in the course of his e&!lo"&ent as such# or b" an" other !erson in a fiduciar" ca!acit"# or for a willful %iolation of dut"1 (c) In an action to reco%er the !ossession of !ro!ert" un+ustl" or fraudulentl" taken# detained or con%erted# when the !ro!ert"# or an" !art thereof# has been concealed# re&o%ed# or dis!osed of to !re%ent its bein( found or taken b" the a!!licant or an authori-ed !erson1 (d) In an action a(ainst a !art" who has been (uilt" of a fraud in contractin( the debt or incurrin( the obli(ation u!on which the action is brou(ht# or in the !erfor&ance thereof1 (e) In an action a(ainst a !art" who has re&o%ed or dis!osed of his !ro!ert"# or is about to do so# with intent to defraud his creditors1 or (f) In an action a(ainst a !art" who does not reside and is not found in the ;hili!!ines# or on who& su&&ons &a" be ser%ed b" !ublication. (1a) SEC. . Issuance and contents of order.2 )n order of attach&ent &a" be issued either e, parte or u!on &otion with notice and hearin( b" the court in which the action is !endin(# or b" the Court of )!!eals or the Su!re&e Court# and &ust re9uire the sheriff of the court to attach so &uch of the !ro!ert" in the ;hili!!ines of the !art" a(ainst who& it is issued# not e$e&!t fro& e$ecution# as &a" be sufficient to satisf" the a!!licantCs de&and# unless such !art" &akes de!osit or (i%es a bond as hereinafter !ro%ided in an a&ount e9ual to that fi$ed in the order# which &a" be the a&ount sufficient to satisf" the a!!licantCs de&and or the %alue of the !ro!ert" to be attached as stated b" the a!!licant# e$clusi%e of costs. Se%eral writs &a" be issued at the sa&e ti&e to the sheriffs of the courts of different +udicial re(ions. ( a) SEC. '. (ffidavit and bond re6uired.2)n order of attach&ent shall be (ranted onl" when it a!!ears b" the affida%it of the a!!licant# or of so&e other !erson who !ersonall" knows the facts# that a sufficient cause of action e$ists# that the case is one of those &entioned in section 1 hereof that there is no other sufficient securit" for the clai& sou(ht to be enforced b" the action# and that the a&ount due to the a!!licant# or the %alue of the !ro!ert" the !ossession of which he is entitled to reco%er# is as &uch as the su& for which the order is (ranted abo%e all le(al counterclai&s. The affida%it# and the bond re9uired b" the ne$t succeedin( section# &ust be dul" filed with the court before the order issues. ('a) SEC. ,. Condition of applicant?s bond2 The !art" a!!l"in( for the order &ust thereafter (i%e a bond e$ecuted to the ad%erse !art" in the

(() The fact that the case is not a!!ealable to the Su!re&e Court. (n) SEC. /. +isposition of improper a!!eal. E$ce!t as !ro%ided in section '# Rule 1 re(ardin( a!!eals in cri&inal cases where the !enalt" i&!osed is death# reclusion perpetua or life i&!rison&ent# an a!!eal taken to the Su!re&e Court b" notice of a!!eal shall be dis&issed. )n a!!eal b" certiorari taken to the Su!re&e Court fro& the Re(ional Trial Court sub&ittin( issues of fact &a" be referred to the Court of )!!eals for decision or a!!ro!riate action. The deter&ination of the Su!re&e Court on whether or not issues of fact are in%ol%ed shall be final. (n) SEC. :. $rocedure if opinion is e6ually divided.22here the court en banc is e9uall" di%ided in o!inion# or the necessar" &a+orit" cannot be had# the case shall a(ain be deliberated on# and if after such deliberation no decision is reached# the ori(inal action co&&enced in the court shall be dis&issed1 in a!!ealed cases# the +ud(&ent or order a!!ealed fro& shall stand affir&ed1 and on all incidental &atters# the !etition or &otion shall be denied. (11a)

PRO !S!O-AL RE3E.!ES RULE 57

PREL!3!-AR/ ATTAC<3E-T SECTION 1. -rounds upon which attachment may issue.2)t the co&&ence&ent of the action or at an" ti&e before entr" of +ud(&ent# a !laintiff or an" !ro!er !art" &a" ha%e the !ro!ert" of the ad%erse !art" attached as securit" for the satisfaction of an" +ud(&ent that &a" be reco%ered in the followin( cases0 (a) In an action for the reco%er" of a s!ecified a&ount of &one" or da&a(es# other than &oral and e$e&!lar"# on a cause of action arisin( fro& law# contract# 9uasi6contract# delict or 9uasi6delict a(ainst a !art" who is about to de!art fro& the ;hili!!ines with intent to defraud his creditors1 (b) In an action for &one" or !ro!ert"

a&ount fi$ed b" the court in its order (rantin( the issuance of the writ# conditioned that the latter will !a" all the costs which &a" be ad+ud(ed to the ad%erse !art" and all da&a(es which he &a" sustain b" reason of the attach&ent# if the court shall finall" ad+ud(e that the a!!licant was not entitled thereto. (,a) SEC. .. !anner of attaching property.2 The sheriff enforcin( the writ shall without dela" and with all reasonable dili(ence attach# to await +ud(&ent and e$ecution in the action# onl" so &uch of the !ro!ert" in the ;hili!!ines of the !art" a(ainst who& the writ is issued# not e$e&!t fro& e$ecution# as &a" be sufficient to satisf" the a!!licantCs de&and# unless the for&er &akes a de!osit with the court fro& which the writ is issued# or (i%es a counter6bond e$ecuted to the a!!licant# in an a&ount e9ual to the bond fi$ed b" the court in the order of attach&ent or to the %alue of the !ro!ert" to be attached# e$clusi%e of costs. No le%" on attach&ent !ursuant to the writ issued under section hereof shall be enforced unless it is !receded# or conte&!oraneousl" acco&!anied# b" ser%ice of su&&ons# to(ether with a co!" of the co&!laint# the a!!lication for attach&ent# the a!!licantCs affida%it and bond# and the order and writ of attach&ent# on the defendant within the ;hili!!ines. The re9uire&ent of !rior or conte&!oraneous ser%ice of su&&ons shall not a!!l" where the su&&ons could not be ser%ed !ersonall" or b" substituted ser%ice des!ite dili(ent efforts# or the defendant is a resident of the ;hili!!ines te&!oraril" absent therefro&# or the defendant is a non6resident of the ;hili!!ines# or the action is one in rem or 6uasi in rem. (.a) SEC. /. Sheriff?s return)fter enforcin( the writ# the sheriff &ust likewise without dela" &ake a return thereon to the court fro& which the writ issued# with a full state&ent of his !roceedin(s under the writ and a co&!lete in%entor" of the !ro!ert" attached# to(ether with an" counter6bond (i%en b" the !art" a(ainst who& attach&ent is issued# and ser%e co!ies thereof on the a!!licant. (/a) SEC. :. (ttachment of real and personal property; recording thereofReal and !ersonal !ro!ert" shall be attached b" the sheriff e$ecutin( the writ in the followin( &anner0 (a) Real !ro!ert"# or (rowin( cro!s thereon# or an" interest therein# standin( u!on the record of the re(istr" of deeds of the !ro%ince in the na&e of the !art" a(ainst who& attach&ent is issued# or not a!!earin( at all u!on such records# or belon(in( to the !art" a(ainst who& attach&ent is issued and held b" an" other !erson# or standin( on the records of the re(istr" of deeds in the na&e of an" other !erson# b" filin( with the re(istr" of deeds a co!" of the order# to(ether with a descri!tion of

the !ro!ert" attached# and a notice that it is attached# or that such real !ro!ert" and an" interest therein held b" or standin( in the na&e of such other !erson are attached# and b" lea%in( a co!" of such order# descri!tion# and notice with the occu!ant of the !ro!ert"# if an"# or with such other !erson or his a(ent if found within the !ro%ince. 2here the !ro!ert" has been brou(ht under the o!eration of either the Gand Re(istration )ct or the ;ro!ert" Re(istration Decree# the notice shall contain a reference to the nu&ber of the certificate of title# the %olu&e and !a(e in the re(istration book where the certificate is re(istered# and the re(istered owner or owners thereof. The re(istrar of deeds &ust inde$ attach&ents filed under this section in the na&es of the a!!licant# the ad%erse !art"# or the !erson b" who& the !ro!ert" is held or in whose na&e it stands in the records. If the attach&ent is not clai&ed on the entire area of the land co%ered b" the certificate of title# a descri!tion sufficientl" accurate for the identification of the land or interest to be affected shall be included in the re(istration of such attach&ent1 (b) ;ersonal !ro!ert" ca!able of &anual deli%er"# b" takin( and safel" kee!in( it in his custod"# after issuin( the corres!ondin( recei!t therefor1 (c) Stocks or shares# or an interest in stocks or shares# of an" cor!oration or co&!an"# b" lea%in( with the !resident or &ana(in( a(ent thereof# a co!" of the writ# and a notice statin( that the stock or interest of the !art" a(ainst who& the attach&ent is issued is attached in !ursuance of such writ1 (d) Debts and credits# includin( bank de!osits# financial interest# ro"alties# co&&issions and other !ersonal !ro!ert" not ca!able of &anual deli%er"# b" lea%in( with the !erson owin( such debts# or ha%in( in his !ossession or under his control# such credits or other !ersonal !ro!ert"# or with his a(ent# a co!" of the writ# and notice that the debts owin( b" hi& to the !art" a(ainst who& attach&ent is issued# and the credits and other !ersonal !ro!ert" in his !ossession# or under his control# belon(in( to said !art"# are attached in !ursuance of such writ1 (e) The interest of the !art" a(ainst who& attach&ent is issued in !ro!ert" belon(in( to the estate of the decedent# whether as heir# le(atee# or de%isee# b" ser%in( the e$ecutor or ad&inistrator or other !ersonal re!resentati%e of the decedent with a co!" of the writ and notice that said interest is attached. ) co!" of said writ of attach&ent and of said notice shall also be filed in the office of the clerk of the court in which said estate is bein( settled and ser%ed u!on the heir# le(atee or de%isee concerned.

If the !ro!ert" sou(ht to be attached is in custodia le(is# a co!" of the writ of attach&ent shall be filed with the !ro!er court or 9uasi6 +udicial a(enc"# and notice of the attach&ent ser%ed u!on the custodian of such !ro!ert". (:a) SEC. <. *ffect of attachment of debts, credits and all other similar personal property.2 )ll !ersons ha%in( in their !ossession or under their control an" credits or other si&ilar !ersonal !ro!ert" belon(in( to the !art" a(ainst who& attach&ent is issued# or owin( an" debts to hi&# at the ti&e of ser%ice u!on the& of the co!" of the writ of attach&ent and notice as !ro%ided in the last !recedin( section# shall be liable to the a!!licant for the a&ount of such credits# debts or other si&ilar !ersonal !ro!ert"# until the attach&ent is dischar(ed# or an" +ud(&ent reco%ered b" hi& is satisfied# unless such !ro!ert" is deli%ered or transferred# or such debts are !aid# to the clerk# sheriff# or other !ro!er officer of the court issuin( the attach&ent. (<a) SEC. =. *ffect of attachment of interest in property belonging to the estate of a decedent The attach&ent of the interest of an heir# le(atee# or de%isee in the !ro!ert" belon(in( to the estate of a decedent shall not i&!air the !owers of the e$ecutor# ad&inistrator# or other !ersonal re!resentati%e of the decedent o%er such !ro!ert" for the !ur!ose of ad&inistration. Such !ersonal re!resentati%e# howe%er# shall re!ort the attach&ent to the court when an" !etition for distribution is filed# and in the order &ade u!on such !etition# distribution &a" be awarded to such heir# le(atee# or de%isee# but the !ro!ert" attached shall be ordered deli%ered to the sheriff &akin( the le%"# sub+ect to the clai& of such heir# le(atee# or de%isee# or an" !erson clai&in( under hi&. (=a) SEC. 1>. *,amination of party whose property is attached and persons indebted to him or controlling his property; delivery of property to sheriff.)n" !erson owin( debts to the !art" whose !ro!ert" is attached or ha%in( in his !ossession or under his control an" credit or other !ersonal !ro!ert" belon(in( to such !art"# &a" be re9uired to attend before the court in which the action is !endin(# or before a co&&issioner a!!ointed b" the court# and be e$a&ined on oath res!ectin( the sa&e. The !art" whose !ro!ert" is attached &a" also be re9uired to attend for the !ur!ose of (i%in( infor&ation res!ectin( his !ro!ert"# and &a" be e$a&ined on oath. The court &a"# after such e$a&ination# order !ersonal !ro!ert" ca!able of &anual deli%er" belon(in( to hi&# in the !ossession of the !erson so re9uired to attend before the court# to be deli%ered to the clerk of the court or sheriff on such ter&s as &a" be +ust# ha%in( reference to an" lien thereon or clai& a(ainst the sa&e# to await the +ud(&ent in the action. (1>a)

SEC. 11. #hen attached property may be sold after levy on attachment and before entry of "udgment22hene%er it shall be &ade to a!!ear to the court in which the action is !endin(# u!on hearin( with notice to both !arties# that the !ro!ert" attached is !erishable# or that the interests of all the !arties to the action will be subser%ed b" the sale thereof# the court &a" order such !ro!ert" to be sold at !ublic auction in such &anner as it &a" direct# and the !roceeds of such sale to be de!osited in court to abide the +ud(&ent in the action. (11a) SEC. 1 . +ischarge of attachment upon giving counter&bond.2)fter a writ of attach&ent has been enforced# the !art" whose !ro!ert" has been attached# or the !erson a!!earin( on his behalf# &a" &o%e for the dischar(e of the attach&ent wholl" or in !art on the securit" (i%en. The court shall# after due notice and hearin(# order the dischar(e of the attach&ent if the &o%ant &akes a cash de!osit# or files a counter6bond e$ecuted to the attachin( !art" with the clerk of the court where the a!!lication is &ade# in an a&ount e9ual to that fi$ed b" the court in the order of attach&ent# e$clusi%e of costs. *ut if the attach&ent is sou(ht to be dischar(ed with res!ect to a !articular !ro!ert"# the counter6bond shall be e9ual to the %alue of that !ro!ert" as deter&ined b" the court. In either case# the cash de!osit or the counter6 bond shall secure the !a"&ent of an" +ud(&ent that the attachin( !art" &a" reco%er in the action. ) notice of the de!osit shall forthwith be ser%ed on the attachin( !art". 7!on the dischar(e of an attach&ent in accordance with the !ro%isions of this section# the !ro!ert" attached# or the !roceeds of an" sale thereof# shall be deli%ered to the !art" &akin( the de!osit or (i%in( the counter6bond# or to the !erson a!!earin( on his behalf# the de!osit or counter6bond aforesaid standin( in !lace of the !ro!ert" so released. Should such counter6bond for an" reason be found to be or beco&e insufficient# and the !art" furnishin( the sa&e fail to file an additional counter6bond# the attachin( !art" &a" a!!l" for a new order of attach&ent. (1 a) SEC. 1'. +ischarge of attachment on other grounds.2The !art" whose !ro!ert" has been ordered attached &a" file a &otion with the court in which the action is !endin(# before or after le%" or e%en after the release of the attached !ro!ert"# for an order to set aside or dischar(e the attach&ent on the (round that the sa&e was i&!ro!erl" or irre(ularl" issued or enforced# or that the bond is insufficient. If the attach&ent is e$cessi%e# the dischar(e shall be li&ited to the e$cess. If the &otion be &ade on affida%its on the !art of the &o%ant but not otherwise# the attachin( !art" &a" o!!ose the &otion b" counter6affida%its or other e%idence in addition to that on which the attach&ent was &ade. )fter due notice and hearin(# the court shall order the settin( aside or the

corres!ondin( dischar(e of the attach&ent if it a!!ears that it was i&!ro!erl" or irre(ularl" issued or enforced# or that the bond is insufficient# or that the attach&ent is e$cessi%e# and the defect is not cured forthwith. (1'a) SEC. 1,. $roceedings where property claimed by third person.2If the !ro!ert" attached is clai&ed b" an" !erson other than the !art" a(ainst who& attach&ent had been issued or his a(ent# and such !erson &akes an affida%it of his title thereto# or ri(ht to the !ossession thereof# statin( the (rounds of such ri(ht or title# and ser%es such affida%it u!on the sheriff while the latter has !ossession of the attached !ro!ert"# and a co!" thereof u!on the attachin( !art"# the sheriff shall not be bound to kee! the !ro!ert" under attach&ent# unless the attachin( !art" or his a(ent# on de&and of the sheriff# shall file a bond a!!ro%ed b" the court to inde&nif" the third6!art" clai&ant in a su& not less than the %alue of the !ro!ert" le%ied u!on. In case of disa(ree&ent as to such %alue# the sa&e shall be decided b" the court issuin( the writ of attach&ent. No clai& for da&a(es for the takin( or kee!in( of the !ro!ert" &a" be enforced a(ainst the bond unless the action therefor is filed within one hundred twent" (1 >) da"s fro& the date of the filin( of the bond. The sheriff shall not be liable for da&a(es for the takin( or kee!in( of such !ro!ert"# to an" such third6!art" clai&ant# if such bond shall be filed. Nothin( herein contained shall !re%ent such clai&ant or an" third !erson fro& %indicatin( his clai& to the !ro!ert"# or !re%ent the attachin( !art" fro& clai&in( da&a(es a(ainst a third6!art" clai&ant who filed a fri%olous or !lainl" s!urious clai&# in the sa&e or a se!arate action. 2hen the writ of attach&ent is issued in fa%or of the Re!ublic of the ;hili!!ines# or an" officer dul" re!resentin( it# the filin( of such bond shall not be re9uired# and in case the sheriff is sued for da&a(es as a result of the attach&ent# he shall be re!resented b" the Solicitor @eneral# and if held liable therefor# the actual da&a(es ad+ud(ed b" the court shall be !aid b" the National Treasurer out of the funds to be a!!ro!riated for the !ur!ose. (1,a) SEC. 1.. Satisfaction of "udgment out of property attached; return of sheriff If +ud(&ent be reco%ered b" the attachin( !art" and e$ecution issue thereon# the sheriff &a" cause the +ud(&ent to be satisfied out of the !ro!ert" attached# if it be sufficient for that !ur!ose in the followin( &anner0 (a) *" !a"in( to the +ud(&ent obli(ee the !roceeds of all sales of !erishable or other !ro!ert" sold in !ursuance of the order of the court# or so &uch as shall be necessar" to satisf" the +ud(&ent1 (b) If an" balance re&ains due# b" sellin( so &uch of the !ro!ert"# real or !ersonal# as

&a" be necessar" to satisf" the balance# if enou(h for that !ur!ose re&ain in the sheriffCs hands# or in those of the clerk of the court1 (c) *" collectin( fro& all !ersons ha%in( in their !ossession credits belon(in( to the +ud(&ent obli(or# or owin( debts to the latter at the ti&e of the attach&ent of such credits or debts# the a&ount of such credits and debts as deter&ined b" the court in the action# and stated in the +ud(&ent# and !a"in( the !roceeds of such collection o%er to the +ud(&ent obli(ee. The sheriff shall forthwith &ake a return in writin( to the court of his !roceedin(s under this section and furnish the !arties with co!ies thereof. (1.a) SEC. 1/. 1alance due collected upon an e,ecution; e,cess delivered to "udgment obligor. 2If after reali-in( u!on all the !ro!ert" attached# includin( the !roceeds of an" debts or credits collected# and a!!l"in( the !roceeds to the satisfaction of the +ud(&ent# less the e$!enses of !roceedin(s u!on the +ud(&ent# an" balance shall re&ain due# the sheriff &ust !roceed to collect such balance as u!on ordinar" e$ecution. 2hene%er the +ud(&ent shall ha%e been !aid# the sheriff# u!on reasonable de&and# &ust return to the +ud(&ent obli(or the attached !ro!ert" re&ainin( in his hands# and an" !roceeds of the sale of the !ro!ert" attached not a!!lied to the +ud(&ent. (1/a) SEC. 1:. Recovery upon the counter&bond. 22hen the +ud(&ent has beco&e e$ecutor"# the suret" or sureties on an" counter6bond (i%en !ursuant to the !ro%isions of this Rule to secure the !a"&ent of the +ud(&ent shall beco&e char(ed on such counter6bond and bound to !a" the +ud(&ent obli(ee u!on de&and the a&ount due under the +ud(&ent# which a&ount &a" be reco%ered fro& such suret" or sureties after notice and su&&ar" hearin( in the sa&e action. (1:a) SEC. 1<. +isposition of money deposited.2 2here the !art" a(ainst who& attach&ent had been issued has de!osited &one" instead of (i%in( counter6bond# it shall be a!!lied under the direction of the court to the satisfaction of an" +ud(&ent rendered in fa%or of the attachin( !art"# and after satisf"in( the +ud(&ent the balance shall be refunded to the de!ositor or his assi(nee. If the +ud(&ent is in fa%or of the !art" a(ainst who& attach&ent was issued# the whole su& de!osited &ust be refunded to hi& or his assi(nee. (1<a) SEC. 1=. +isposition of attached property where "udgment is for party against whom attachment was issued.2If +ud(&ent be rendered a(ainst the attachin( !art"# all the !roceeds of sales and &one" collected or recei%ed b" the sheriff# under the order of attach&ent# and all !ro!ert" attached re&ainin( in an" such officerCs hands# shall be deli%ered to

the !art" a(ainst who& attach&ent was issued# and the order of attach&ent dischar(ed. (1=a) SEC. >. Claim for damages on account of improper, irregular or e,cessive attachment.2 )n a!!lication for da&a(es on account of i&!ro!er# irre(ular or e$cessi%e attach&ent &ust be filed before the trial or before a!!eal is !erfected or before the +ud(&ent beco&es e$ecutor"# with due notice to the attachin( !art" and his suret" or sureties# settin( forth the facts showin( his ri(ht to da&a(es and the a&ount thereof. Such da&a(es &a" be awarded onl" after !ro!er hearin( and shall be included in the +ud(&ent on the &ain case. If the +ud(&ent of the a!!ellate court be fa%orable to the !art" a(ainst who& the attach&ent was issued# he &ust clai& da&a(es sustained durin( the !endenc" of the a!!eal b" filin( an a!!lication in the a!!ellate court# with notice to the !art" in whose fa%or the attach&ent was issued or his suret" or sureties# before the +ud(&ent of the a!!ellate court beco&es e$ecutor". The a!!ellate court &a" allow the a!!lication to be heard and decided b" the trial court. Nothin( herein contained shall !re%ent the !art" a(ainst who& the attach&ent was issued fro& reco%erin( in the sa&e action the da&a(es awarded to hi& fro& an" !ro!ert" of the attachin( !art" not e$e&!t fro& e$ecution should the bond or de!osit (i%en b" the latter be insufficient or fail to full" satisf" the award. ( >a)

(a) That the a!!licant is entitled to the relief de&anded# and the whole or !art of such relief consists in restrainin( the co&&ission or continuance of the act or acts co&!lained of# or in re9uirin( the !erfor&ance of an act or acts# either for a li&ited !eriod or !er!etuall"1 (b) That the co&&ission# continuance or non6!erfor&ance of the act or acts co&!lained of durin( the liti(ation would !robabl" work in+ustice to the a!!licant1 or (c) That a !art"# court# a(enc" or a !erson is doin(# threatenin(# or is atte&!tin( to do# or is !rocurin( or sufferin( to be done# so&e act or acts !robabl" in %iolation of the ri(hts of the a!!licant res!ectin( the sub+ect of the action or !roceedin(# and tendin( to render the +ud(&ent ineffectual. ('a) SEC. ,. .erified application and bond for preliminary in"unction or temporary restraining order.2) !reli&inar" in+unction or te&!orar" restrainin( order &a" be (ranted onl" when1 (a) The a!!lication in the action or !roceedin( is %erified# and shows facts entitlin( the a!!licant to the relief de&anded1 and (b) 7nless e$e&!ted b" the court# the a!!licant files with the court where the action or !roceedin( is !endin(# a bond e$ecuted to the !art" or !erson en+oined# in an a&ount to be fi$ed b" the court# to the effect that the a!!licant will !a" to such !art" or !erson all da&a(es which he &a" sustain b" reason of the in+unction or te&!orar" restrainin( order if the court should finall" decide that the a!!licant was not entitled thereto. 7!on a!!ro%al of the re9uisite bond# a writ of !reli&inar" in+unction shall be issued. (,a) (c) 2hen an a!!lication for a writ of !reli&inar" in+unction or a te&!orar" restrainin( order is included in a co&!laint or an" initiator" !leadin(# the case# if filed in a &ulti!le6sala court# shall be raffled onl" after notice to and in the !resence of the ad%erse !art" or the !erson to be en+oined. In an" e%ent# such notice shall be !receded# or conte&!oraneousl" acco&!anied b" ser%ice of su&&ons# to(ether with a co!" of the co&!laint or initiator" !leadin( and the a!!licantCs affida%it and bond# u!on the ad%erse !art" in the ;hili!!ines. 8owe%er# where the su&&ons could not be ser%ed !ersonall" or b" substituted ser%ice des!ite dili(ent efforts# or the ad%erse !art" is a resident of the ;hili!!ines te&!oraril" absent therefro& or is a nonresident thereof# the re9uire&ent of !rior or conte&!oraneous ser%ice of su&&ons shall not a!!l".

RULE 58

PREL!3!-AR/ !-=U-CT!OSECTION 1. $reliminary in"unction defined; classes.2) !reli&inar" in+unction is an order (ranted at an" sta(e of an action or !roceedin( prior to the Au&'#ent or final or&er # re9uirin( a !art" or a court# a(enc" or a !erson to refrain fro& a !articular act or acts. It &a" also re9uire the !erfor&ance of a !articular act or acts# in which case it shall be known as a preli#inar% #an&ator% inAunction6 (1a) SEC. . #ho may grant preliminary in"unction.2 ) !reli&inar" in+unction &a" be (ranted b" the court where the action or procee&in' is pen&in'. If the action or !roceedin( is !endin( in the Court of )!!eals or in the Su!re&e Court# it &a" be issued b" said court or an" &e&ber thereof. ( a) SEC. '. -rounds for issuance of preliminary in"unction.2) !reli&inar" in+unction &a" be (ranted when it is established.

(d) The a!!lication for a te&!orar" restrainin( order shall thereafter be acted u!on onl" after all !arties are heard in a su&&ar" hearin( which shall be conducted within twent"6four ( ,) hours after the sheriffCs return of ser%ice andHor the records are recei%ed b" the branch selected b" raffle and to which the records shall be trans&itted i&&ediatel". SEC. .. $reliminary in"unction not granted without notice; e,ception.2No !reli&inar" in+unction shall be (ranted without hearin( and !rior notice to the !art" or !erson sou(ht to be en+oined. If it shall a!!ear fro& facts shown b" affida%its or b" the %erified a!!lication that (reat or irre!arable in+ur" would result to the a!!licant before the &atter can be heard on notice# the court to which the a!!lication for !reli&inar" in+unction was &ade# &a" issue e, parte a te&!orar" restrainin( order to be effecti%e onl" for a !eriod of twent" ( >) da"s fro& ser%ice on the !art" or !erson sou(ht to be en+oined# e$ce!t as herein !ro%ided. 2ithin the said twent"6da" !eriod# the court &ust order said !art" or !erson to show cause# at a s!ecified ti&e and !lace# wh" the in+unction should not be (ranted# deter&ine within the sa&e !eriod whether or not the !reli&inar" in+unction shall be (ranted# and accordin(l" issue the corres!ondin( order. 8owe%er# and sub+ect to the !ro%isions of the !recedin( sections# if the &atter is of e$tre&e ur(enc" and the a!!licant will suffer (ra%e in+ustice and irre!arable in+ur"# the e$ecuti%e +ud(e of a &ulti!le6sala court or the !residin( +ud(e of a sin(le6sala court &a" issue e$ parte a te&!orar" restrainin( order effecti%e for onl" se%ent"6two (: ) hours fro& issuance but he shall i&&ediatel" co&!l" with the !ro%isions of the ne$t !recedin( section as to ser%ice of su&&ons and the docu&ents to be ser%ed therewith. Thereafter# within the aforesaid se%ent"6two (: ) hours# the +ud(e before who& the case is !endin( shall conduct a su&&ar" hearin( to deter&ine whether the te&!orar" restrainin( order shall be e$tended until the a!!lication for !reli&inar" in+unction can be heard. In no case shall the total !eriod of effecti%it" of the te&!orar" restrainin( order e$ceed twent" ( >) da"s# includin( the ori(inal se%ent"6two hours !ro%ided herein. In the e%ent that the a!!lication for !reli&inar" in+unction is denied or not resol%ed within the said !eriod# the te&!orar" restrainin( order is dee&ed auto&aticall" %acated. The effecti%it" of a te&!orar" restrainin( order is not e$tendible without need of an" +udicial declaration to that effect and no court shall ha%e authorit" to e$tend or renew the sa&e on the sa&e (round for which it was issued. 8owe%er# if issued b" the Court of )!!eals or a &e&ber thereof# the te&!orar" restrainin( order shall be effecti%e for si$t" (/>) da"s fro&

ser%ice on the !art" or !erson sou(ht to be en+oined. ) restrainin( order issued b" the Su!re&e Court or a &e&ber thereof shall be effecti%e until further orders. (.a) SEC. /. -rounds for ob"ection to, or for motion of dissolution of, in"unction or restraining orderThe a!!lication for in+unction or restrainin( order &a" be denied# u!on a showin( of its insufficienc". The in+unction or restrainin( order &a" also be denied# or# if (ranted# &a" be dissol%ed# on other (rounds u!on affida%its of the !art" or !erson en+oined# which &a" be o!!osed b" the a!!licant also b" affida%its. It &a" further be denied# or# if (ranted# &a" be dissol%ed# if it a!!ears after hearin( that althou(h the a!!licant is entitled to the in+unction or restrainin( order# the issuance or continuance thereof# as the case &a" be# would cause irre!arable da&a(e to the !art" or !erson en+oined while the a!!licant can be full" co&!ensated for such da&a(es as he &a" suffer# and the for&er files a bond in an a&ount fi$ed b" the court conditioned that he will !a" all da&a(es which the a!!licant &a" suffer b" the denial or the dissolution of the in+unction or restrainin( order. If it a!!ears that the e$tent of the !reli&inar" in+unction or restrainin( order (ranted is too (reat# it &a" be &odified. (/a) SEC. :. Service of copies of bonds; effect of disapproval of same.2The !art" filin( a bond in accordance with the !ro%isions of this Rule shall forthwith ser%e a co!" of such bond on the other !art"# who &a" e$ce!t to the sufficienc" of the bond# or of the suret" or sureties thereon. If the a!!licantCs bond is found to be insufficient in a&ount# or if the suret" or sureties thereon fail to +ustif"# and a bond sufficient in a&ount with sufficient sureties a!!ro%ed after +ustification is not filed forthwith# the in+unction shall be dissol%ed. If the bond of the ad%erse !art" is found to be insufficient in a&ount# or the suret" or sureties thereon fail to +ustif" a bond sufficient in a&ount with sufficient sureties a!!ro%ed after +ustification is not filed forthwith# the in+unction shall be (ranted or restored# as the case &a" be. (<a) SEC. <. udgment to include damages against party and sureties.2)t the trial# the a&ount of da&a(es to be awarded to either !art"# u!on the bond of the ad%erse !art"# shall be clai&ed# ascertained# and awarded under the sa&e !rocedure !rescribed in section > of Rule .:. (=a) SEC. =. #hen final in"unction granted.2If after the trial of the action it a!!ears that the a!!licant is entitled to ha%e the act or acts co&!lained of !er&anentl" en+oined# the court shall (rant a final in+unction !er!etuall" restrainin( the !art" or !erson en+oined fro& the co&&ission or continuance of the act or acts or confir&in( the !reli&inar" &andator" in+unction. (1>a)

RULE 59

RECE! ERS<!P SECTION 1. (ppointment of recei%er. 7!on a %erified a!!lication# one or &ore recei%ers of the !ro!ert" sub+ect of the action or !roceedin( &a" be a!!ointed b" the court where the action is !endin(# or b" the Court of )!!eals or b" the Su!re&e Court# or a &e&ber thereof# in the followin( cases0 (a) 2hen it a!!ears fro& the %erified a!!lication# and such other !roof as the court &a" re9uire# that the !art" a!!l"in( for the a!!oint&ent of a recei%er has an interest in the !ro!ert" or fund which is the sub+ect of the action or !roceedin(# and that such !ro!ert" or fund is in dan(er of bein( lost# re&o%ed# or &ateriall" in+ured unless a recei%er be a!!ointed to ad&inister and !reser%e it1 (b) 2hen it a!!ears in an action b" the &ort(a(ee for the foreclosure of a &ort(a(e that the !ro!ert" is in dan(er of bein( wasted or dissi!ated or &ateriall" in+ured# and that its %alue is !robabl" insufficient to dischar(e the &ort(a(e debt# or that the !arties ha%e so sti!ulated in the contract of &ort(a(e1 (c) )fter +ud(&ent# to !reser%e the !ro!ert" durin( the !endenc" of an a!!eal# or to dis!ose of it accordin( to the +ud(&ent# or to aid e$ecution when the e$ecution has been returned unsatisfied or the +ud(&ent obli(or refuses to a!!l" his !ro!ert" in satisfaction of the +ud(&ent# or otherwise to carr" the +ud(&ent into effect1 (d) 2hene%er in other cases it a!!ears that the a!!oint&ent of a recei%er is the &ost con%enient and feasible &eans of !reser%in(# ad&inisterin(# or dis!osin( of the !ro!ert" in liti(ation. Durin( the !endenc" of an a!!eal# the a!!ellate court &a" allow an a!!lication for the a!!oint&ent of a recei%er to be filed in and decided b" the court of ori(in and the recei%er a!!ointed to be sub+ect to the control of said court. (1a) SEC. . 1ond on appointment of receiver. *efore issuin( the order a!!ointin( a recei%er the court shall re9uire the a!!licant to file a bond e$ecuted to the !art" a(ainst who& the a!!lication is !resented# in an a&ount to be fi$ed b" the court# to the effect that the a!!licant will !a" such !art" all da&a(es he &a" sustain b" reason of the a!!oint&ent of such recei%er in case the a!!licant shall ha%e

!rocured such a!!oint&ent without sufficient cause1 and the court &a"# in its discretion# at an" ti&e after the a!!oint&ent# re9uire an additional bond as further securit" for such da&a(es. ('a) SEC. '. +enial of application or discharge of receiver.2The a!!lication &a" be denied# or the recei%er dischar(ed# when the ad%erse !art" files a bond e$ecuted to the a!!licant# in an a&ount to be fi$ed b" the court# to the effect that such !art" will !a" the a!!licant all da&a(es he &a" suffer b" reason of the acts# o&issions# or other &atters s!ecified in the a!!lication as (round for such a!!oint&ent. The recei%er &a" also be dischar(ed if it is shown that his a!!oint&ent was obtained without sufficient cause. (,a) SEC. ;. Oath and bond of recei%er.*efore enterin( u!on his duties# the recei%er shall be sworn to !erfor& the& faithfull"# and shall file a bond# e$ecuted to such !erson and in such su& as the court &a" direct# to the effect that he will faithfull" dischar(e his duties in the action or !roceedin( and obe" the orders of the court. (.a) SEC. .. Service of copies of bonds; effect of disapproval of same.The !erson filin( a bond in accordance with the !ro%isions of this Rule shall forthwith ser%e a co!" thereof on each interested !art"# who &a" e$ce!t to its sufficienc" or of the suret" or sureties thereon. If either the a!!licantCs or the recei%erCs bond is found to be insufficient in a&ount# or if the suret" or sureties thereon fail to +ustif"# and a bond sufficient in a&ount with sufficient sureties a!!ro%ed after +ustification is not filed forthwith# the a!!lication shall be denied or the recei%er dischar(ed# as the case &a" be. If the bond of the ad%erse !art" is found to be insufficient in a&ount or the suret" or sureties thereon fail to +ustif"# and a bond sufficient in a&ount with sufficient sureties a!!ro%ed after +ustification is not filed forthwith# the recei%er shall be a!!ointed or re6a!!ointed# as the case &a" be. (/a) SEC. /. -eneral powers of receiver.2 Sub+ect to the control of the court in which the action or !roceedin( is !endin(# a recei%er shall ha%e the !ower to brin( and defend# in such ca!acit"# actions in his own na&e1 to take and kee! !ossession of the !ro!ert" in contro%ers"1 to recei%e rents1 to collect debts due to hi&self as recei%er or to the fund# !ro!ert"# estate# !erson# or cor!oration of which he is the recei%er1 to co&!ound for and co&!ro&ise the sa&e1 to &ake transfers1 to !a" outstandin( debts1 to di%ide the &one" and other !ro!ert" that shall re&ain a&on( the !ersons le(all" entitled to recei%e the sa&e1 and (enerall" to do such acts res!ectin( the !ro!ert" as the court &a" authori-e. 8owe%er. funds in the hands of a recei%er &a" be in%ested onl" b" order of the court u!on the written consent of all the !arties

to the action. (:a) No action &a" be filed b" or a(ainst a recei%er without lea%e of the court which a!!ointed hi&. (n) SEC. :. 7iability for refusal or neglect to deliver property to receiver.2) !erson who refuses or ne(lects# u!on reasonable de&and# to deli%er to the recei%er all the !ro!ert"# &one"# books# deeds# notes# bills# docu&ents and !a!ers within his !ower or control sub+ect of or in%ol%ed in the action or !roceedin(# or in case of disa(ree&ent# as deter&ined and ordered b" the court# &a" be punishe& for conte#pt and shall be liable to the recei%er for the &one" or the %alue of the !ro!ert" and other thin(s so refused or ne(lected to be surrendered# to(ether with all da&a(es that &a" ha%e been sustained b" the !art" or !arties entitled thereto as a conse9uence of such refusal or ne(lect. (n) SEC. <. Termination of receivership; compensation of receiver.22hene%er the court# motu proprio or on &otion of either !art"# shall deter&ine that the necessit" for a recei%er no lon(er e$ists# it shall# after due notice to all interested !arties and hearin(# settle the accounts of the recei%er# direct the deli%er" of the funds and other !ro!ert" in his !ossession to the !erson ad+ud(ed to be entitled to recei%e the&# and order the dischar(e of the recei%er fro& further dut" as such. The court shall allow the recei%er such reasonable co&!ensation as the circu&stances of the case warrant# to be ta$ed as costs a(ainst the defeated !art"# or a!!ortioned# as +ustice re9uires. (<a) SEC. =. udgment to include recovery against sureties.2The a&ount# if an"# to be awarded to an" !art" u!on an" bond filed in accordance with the !ro%isions of this Rule# shall be clai&ed# ascertained# and (ranted under the sa&e !rocedure !rescribed in section > of Rule .:. (=a) RULE 4: REPLE !-

(a) That the a!!licant is the owner of the !ro!ert" clai&ed# !articularl" describin( it# or is entitled to the !ossession thereof1 (b) That the !ro!ert" is wron(full" detained b" the ad%erse !art"# alle(in( the cause of detention thereof accordin( to the best of his knowled(e# infor&ation# and belief1 (c) That the !ro!ert" has not been distrained or taken for a ta$ assess&ent or a fine !ursuant to law# or sei-ed under a writ of e$ecution or !reli&inar" attach&ent# or otherwise !laced under custodia le(is# or if so sei-ed# that it is e$e&!t fro& such sei-ure or custod"1 and (d) The actual &arket %alue of the !ro!ert". The a!!licant &ust also (i%e a bond# e$ecuted to the ad%erse !art" in double the %alue of the !ro!ert" as stated in the affida%it afore&entioned# for the return of the !ro!ert" to the ad%erse !art" if such return be ad+ud(ed# and for the !a"&ent to the ad%erse !art" of such su& as he &a" reco%er fro& the a!!licant in the action. ( a) SEC. '. Order.7!on the filin( of such affida%it and a!!ro%al of the bond# the court shall issue an order and the corres!ondin( writ of re!le%in describin( the !ersonal !ro!ert" alle(ed to be wron(full" detained and re9uirin( the sheriff forthwith to take such !ro!ert" into his custod". ('a) SEC. ;. +uty of the sheriff.2 7!on recei%in( such order# the sheriff &ust ser%e a co!" thereof on the ad%erse !art"# to(ether with a co!" of the a!!lication# affida%it and bond# and &ust forthwith take the !ro!ert"# if it be in the !ossession of the ad%erse !art"# or his a(ent# and retain it in his custod". If the !ro!ert" or an" !art thereof be concealed in a buildin( or enclosure# the sheriff &ust de&and its deli%er"# and if it be not deli%ered# he &ust cause the buildin( or enclosure to be broken o!en and take the !ro!ert" into his !ossession. )fter the sheriff has taken !ossession of the !ro!ert" as herein !ro%ided# he &ust kee! it in a secure !lace and shall be res!onsible for its deli%er" to the !art" entitled thereto u!on recei%in( his fees and necessar" e$!enses for takin( and kee!in( the sa&e. (,a) SEC. .. Return of property.2If the ad%erse !art" ob+ects to the sufficienc" of the a!!licantCs bond# or of the suret" or sureties thereon# he cannot i&&ediatel" re9uire the return of the !ro!ert"# but if he does not so ob+ect# he &a"# at an" ti&e before the deli%er" of the !ro!ert" to the a!!licant# re9uire the return thereof# b" filin( with the court where the action is !endin( a bond e$ecuted to the a!!licant# in double the %alue of the !ro!ert" as stated in the a!!licantCs affida%it for the deli%er" thereof to the a!!licant# if such deli%er" be ad+ud(ed# and for the !a"&ent of such su& to hi& as &a" be

SECTION 1. (pplication.2) !art" !ra"in( for the reco%er" of !ossession of !ersonal !ro!ert" &a"# at the co&&ence&ent of the action or at an" ti&e before answer# a!!l" for an order for the deli%er" of such !ro!ert" to hi&# in the &anner hereinafter !ro%ided. (1a)

SEC. . (ffidavit and bond2The a!!licant &ust show b" his own affida%it or that of so&e other !erson who !ersonall" knows the facts0

reco%ered a(ainst the ad%erse !art"# and b" ser%in( a co!" of such bond on the a!!licant. (.a) SEC. /. +isposition of property by sheriff.& If within fi%e (.) da"s after the takin( of the !ro!ert" b" the sheriff# the ad%erse !art" does not ob+ect to the sufficienc" of the bond# or of the suret" or sureties thereon1 or if the ad%erse !art" so ob+ects and the court affir&s its a!!ro%al of the a!!licantCs bond or a!!ro%es a new bond# or if the ad%erse !art" re9uires the return of the !ro!ert" but his bond is ob+ected to and found insufficient and he does not forthwith file an a!!ro%ed bond# the !ro!ert" shall be deli%ered to the a!!licant. If for an" reason the !ro!ert" is not deli%ered to the a!!licant# the sheriff &ust return it to the ad%erse !art". (/a) SEC. :. $roceedings where property claimed by third person.2If the !ro!ert" taken is clai&ed b" an" !erson other than the !art" a(ainst who& the writ of re!le%in had been issued or his a(ent# and such !erson &akes an affida%it of his title thereto# or ri(ht to the !ossession thereof# statin( the (rounds therefor# and ser%es such affida%it u!on the sheriff while the latter has !ossession of the !ro!ert" and a co!" thereof u!on the a!!licant# the sheriff shall not be bound to kee! the !ro!ert" under re!le%in or deli%er it to the a!!licant unless the a!!licant or his a(ent# on de&and of said sheriff# shall file a bond a!!ro%ed b" the court to inde&nif" the third6!art" clai&ant in a su& not less than the %alue of the !ro!ert" under re!le%in as !ro%ided in section hereof. In case of disa(ree&ent as to such %alue# the court shall deter&ine the sa&e. No clai& for da&a(es for the takin( or kee!in( of the !ro!ert" &a" be enforced a(ainst the bond unless the action therefor is filed within one hundred twent" (1 >) da"s fro& the date of the filin( of the bond. The sheriff shall not be liable for da&a(es# for the takin( or kee!in( of such !ro!ert"# to an" such third6!art" clai&ant if such bond shall be filed. Nothin( herein contained shall !re%ent such clai&ant or an" third !erson fro& %indicatin( his clai& to the !ro!ert"# or !re%ent the a!!licant fro& clai&in( da&a(es a(ainst a third6!art" clai&ant who filed a fri%olous or !lainl" s!urious clai&# in the sa&e or a se!arate action. 2hen the writ of re!le%in is issued in fa%or of the Re!ublic of the ;hili!!ines# or an" officer dul" re!resentin( it# the filin( of such bond shall not be re9uired# and in case the sheriff is sued for da&a(es as a result of the re!le%in# he shall be re!resented b" the Solicitor @eneral# and if held liable therefor# the actual da&a(es ad+ud(ed b" the court shall be !aid b" the National Treasurer out of the funds to be a!!ro!riated for the !ur!ose. (:a) SEC. <. Return of papers.2The sheriff

&ust file the order# with his !roceedin(s indorsed thereon# with the court within ten (1>) da"s after takin( the !ro!ert" &entioned therein. (<a) SEC. =. udgment.)fter trial of the issues# the court shall deter&ine who has the ri(ht of !ossession to and the %alue of the !ro!ert" and shall render +ud(&ent in the alternati%e for the deli%er" thereof to the !art" entitled to the sa&e# or for its %alue in case deli%er" cannot be &ade# and also for such da&a(es as either !art" &a" !ro%e# with costs. (=a) SEC. 1>. udgment to include recovery against sureties.2The a&ount# if an"# to be awarded to an" !art" u!on an" bond filed in accordance with the !ro%isions of this Rule# shall be clai&ed# ascertained# and (ranted under the sa&e !rocedure as !rescribed in section > of Rule .:. (1>a)

RULE 4+

SUPPORT PE-.E-TE L!TE SECTION 1. (pplication.2)t the co&&ence&ent of the !ro!er action or !roceedin(# or at an" ti&e !rior to the +ud(&ent or final order# a %erified a!!lication for su!!ort pendente lite &a" be filed b" an" !art" statin( the (rounds for the clai& and the financial conditions of both !arties# and acco&!anied b" affida%its# de!ositions or other authentic docu&ents in su!!ort thereof. (1a) SEC. . Comment.2) co!" of the a!!lication and all su!!ortin( docu&ents shall be ser%ed u!on the ad%erse !art"# who shall ha%e fi%e (.) da"s to co&&ent thereon unless a different !eriod is fi$ed b" the court u!on his &otion. The co&&ent shall be %erified and shall be acco&!anied b" affida%its# de!ositions or other authentic docu&ents in su!!ort thereof. ( a# 'a) SEC. '. 3earing.2)fter the co&&ent is filed# or after the e$!iration of the !eriod for its filin(# the a!!lication shall be set for hearin( not &ore than three (') da"s thereafter. The facts in issue shall be !ro%ed in the sa&e &anner as is !ro%ided for e%idence on &otions. (,a) SEC. ,. Order.2The court shall deter&ine !ro%isionall" the !ertinent facts# and shall render such orders as +ustice and e9uit" &a" re9uire# ha%in( due re(ard to the !robable outco&e of the case and such other circu&stances as &a" aid in the !ro!er resolution of the 9uestion in%ol%ed. If the a!!lication is (ranted# the court shall fi$ the

a&ount of &one" to be !ro%isionall" !aid or such other for&s of su!!ort as should be !ro%ided# takin( into account the necessities of the a!!licant and the resources or &eans of the ad%erse !art"# and the ter&s of !a"&ent or &ode for !ro%idin( the su!!ort. If the a!!lication is denied# the !rinci!al case shall be tried and decided as earl" as !ossible. (.a) SEC. .. *nforcement of order.2If the ad%erse !art" fails to co&!l" with an order (rantin( su!!ort pendente lite, the court shall# motu proprio or u!on &otion# issue an order of e$ecution a(ainst hi&# without !re+udice to his liabilit" for conte&!t. (/a) 2hen the !erson ordered to (i%e su!!ort pendente lite refuses or fails to do so# an" third !erson who furnished that su!!ort to the a!!licant &a"# after due notice and hearin( in the sa&e case# obtain a writ of e$ecution to enforce his ri(ht of rei&burse&ent a(ainst the !erson ordered to !ro%ide such su!!ort. (n) SEC. /. Support in criminal cases.In cri&inal actions where the ci%il liabilit" includes su!!ort for the offs!rin( as a conse9uence of the cri&e and the ci%il as!ect thereof has not been wai%ed# reser%ed or instituted !rior to its filin(# the accused &a" be ordered to !ro%ide su!!ort pendente lite to the child born to the offended !art" alle(edl" because of the cri&e. The a!!lication therefor &a" be filed successi%el" b" the offended !art"# her !arents# (rand!arents or (uardian and the State in the corres!ondin( cri&inal case durin( its !endenc"# in accordance with the !rocedure established under this Rule. (n) SEC. :. Restitution.2hen the +ud(&ent or final order of the court finds that the !erson who has been !ro%idin( su!!ort pendente lite is not liable therefor# it shall order the reci!ient thereof to return to the for&er the a&ounts alread" !aid with le(al interest fro& the dates of actual !a"&ent# without !re+udice to the ri(ht of the reci!ient to obtain rei&burse&ent in a se!arate action fro& the !erson le(all" obli(ed to (i%e the su!!ort. Should the reci!ient fail to rei&burse said a&ounts# the !erson who !ro%ided the sa&e &a" likewise seek rei&burse&ent thereof in a se!arate action fro& the !erson le(all" obli(ed to (i%e such su!!ort. (n)

2hene%er conflictin( clai&s u!on the sa&e sub+ect &atter are or &a" be &ade a(ainst a !erson who clai&s no interest whate%er in the sub+ect &atter# or an interest which in whole or in !art is not dis!uted b" the clai&ants# he &a" brin( an action a(ainst the conflictin( clai&ants to co&!el the& to inter!lead and liti(ate their se%eral clai&s a&on( the&sel%es. (1a# R/') SEC. . Order.27!on the filin( of the co&!laint# the court shall issue an order re9uirin( the conflictin( clai&ants to inter!lead with one another. If the interests of +ustice so re9uire# the court &a" direct in such order that the sub+ect &atter be !aid or deli%ered to the court. ( a# R/') SEC. '. Summons.Su&&ons shall be ser%ed u!on the conflictin( clai&ants# to(ether with a co!" of the co&!laint and order. ('# R/') SEC. ;. !otion to dismiss.22ithin the ti&e for filin( an answer# each clai&ant &a" file a &otion to dis&iss on the (round of i&!ro!riet" of the inter!leader action or on other a!!ro!riate (rounds s!ecified in Rule 1/. The !eriod to file the answer shall be tolled and if the &otion is denied# the &o%ant &a" file his answer within the re&ainin( !eriod# but which shall not be less than fi%e (.) da"s in an" e%ent# reckoned fro& notice of denial. (n) SEC. .. (nswer and other pleadings.2Each clai&ant shall file his answer settin( forth his clai& within fifteen (1.) da"s fro& ser%ice of the su&&ons u!on hi&# ser%in( a co!" thereof u!on each of the other conflictin( clai&ants who &a" file their re!l" thereto as !ro%ided b" these Rules. If an" clai&ant fails to !lead within the ti&e herein fi$ed# the court &a"# on &otion# declare hi& in default and thereafter render +ud(&ent barrin( hi& fro& an" clai& in res!ect to the sub+ect &atter. The !arties in an inter!leader action &a" file counterclai&s# cross6clai&s# third6!art" co&!laints and res!onsi%e !leadin(s thereto# as !ro%ided b" these Rules. (,a# R/') SEC. /. +etermination.2)fter the !leadin(s of the conflictin( clai&ants ha%e been filed# and !re6trial has been conducted in accordance with the Rules# the court shall !roceed to deter&ine their res!ecti%e ri(hts and ad+udicate their se%eral clai&s.(.a# R/') SEC. :. +oc)et and other lawful fees, costs and litigation e,penses as liens.2The docket and other lawful fees !aid b" the !art" who filed a co&!laint under this Rule# as well as the costs and liti(ation e$!enses# shall constitute a lien or char(e u!on the sub+ect &atter of the action# unless the court shall order otherwise. (/a# R/')

SPEC!AL C! !L ACT!O-S RULE 40

!-TERPLEA.ER SECTION 1. #hen interpleader proper.2 RULE 41

.ECLARATOR/ REL!EF A-. S!3!LAR RE3E.!ES SECTION 1. #ho may file petition.2)n" !erson interested under a deed# will# contract or other written instru&ent# whose ri(hts are affected b" a statute# e$ecuti%e order or re(ulation# ordinance# or an" other (o%ern&ental re(ulation &a"# before breach or %iolation thereof# brin( an action in the a!!ro!riate Re(ional Trial Court to deter&ine an" 9uestion of construction or %alidit" arisin(# and for a declaration of his ri(hts or duties# thereunder. )n action for the refor&ation of an instru&ent# to 9uiet title to real !ro!ert" or re&o%e clouds therefro&# or to consolidate ownershi! under )rticle 1/>: of the Ci%il Code# &a" be brou(ht under this Rule. (1a# R/,) SEC. . $arties.)ll !ersons who ha%e or clai& an" interest which would be affected b" the declaration shall be &ade !arties1 and no declaration shall# e$ce!t as otherwise !ro%ided in these Rules# !re+udice the ri(hts of !ersons not !arties to the action. ( a# R/,) SEC. '. %otice on Solicitor -eneral.2In an" action which in%ol%es the %alidit" of a statute# e$ecuti%e order or re(ulation# or an" other (o%ern&ental re(ulation# the Solicitor @eneral shall be notified b" the !art" assailin( the sa&e and shall be entitled to be heard u!on such 9uestion. ('a# R/,) SEC. ,. 7ocal government ordinances2In an" action in%ol%in( the %alidit" of a local (o%ern&ent ordinance# the corres!ondin( !rosecutor or attorne" of the local (o%ern&ental unit in%ol%ed shall be si&ilarl" notified and entitled to be heard. If such ordinance is alle(ed to be unconstitutional# the Solicitor @eneral shall also be notified and entitled to be heard. (,a# R/,) SEC. .. Court action discretionary . E$ce!t in actions fallin( under the second !ara(ra!h of section 1 of this Rule# the court# motu proprio or u!on &otion# &a" refuse to e$ercise the !ower to declare ri(hts and to construe instru&ents in an" case where a decision would not ter&inate the uncertaint" or contro%ers" which (a%e rise to the action# or in an" case where the declaration or construction is not necessar" and !ro!er under the circu&stances. (.a# R/,) SEC. /. Conversion into ordinary action.2If before the final ter&ination of the case# a breach or %iolation of an instru&ent or a statute# e$ecuti%e order or re(ulation# ordinance# or an" other (o%ern&ental re(ulation should take !lace# the action &a" thereu!on be con%erted into an ordinar" action# and the !arties shall be allowed to file such !leadin(s as &a" be necessar" or !ro!er. (/a# R/,)

RULE 42

RE !E; OF =U.,3E-TS A-. F!-AL OR.ERS OR RESOLUT!O-S OF T<E CO33!SS!O- O- ELECT!O-S A-. T<E CO33!SS!O- O- AU.!T SECTION 1. Scope.2This Rule shall (o%ern the re%iew of +ud(&ents and final orders or resolutions of the Co&&ission on Elections and the Co&&ission on )udit. (n) SEC. . !ode of review.2) +ud(&ent or final order or resolution of the Co&&ission on Elections and the Co&&ission on )udit &a" be brou(ht b" the a((rie%ed !art" to the Su!re&e Court on certiorari under Rule /.# e$ce!t as hereinafter !ro%ided. (n) SEC. '. Time to file petition.2The !etition shall be filed within thirt" ('>) da"s fro& notice of the +ud(&ent or final order or resolution sou(ht to be re%iewed. The filin( of a &otion for new trial or reconsideration of said +ud(&ent or final order or resolution# if allowed under the !rocedural rules of the Co&&ission concerned# shall interru!t the !eriod herein fi$ed. If the &otion is denied# the a((rie%ed !art" &a" file the !etition within the re&ainin( !eriod# but which shall not be less than fi%e (.) da"s in an" e%ent# reckoned fro& notice of denial. (n) SEC. ,. +oc)et and other lawful fees. 7!on the filin( of the !etition# the !etitioner shall !a" to the clerk of court the docket and other lawful fees and de!osit the a&ount of ;.>>.>> for costs. (n) SEC. .. 4orm and contents of petition.2 The !etition shall be %erified and filed in ei(hteen (1<) le(ible co!ies. The !etition shall na&e the a((rie%ed !art" as !etitioner and shall +oin as res!ondents the Co&&ission concerned and the !erson or !ersons interested in sustainin( the +ud(&ent# final order or resolution a 6uo. The !etition shall state the facts with certaint"# !resent clearl" the issues in%ol%ed# set forth the (rounds and brief ar(u6 &ents relied u!on for re%iew# and !ra" for +ud(&ent annullin( or &odif"in( the 9uestioned +ud(&ent# final order or resolution. ?indin(s of fact of the Co&&ission su!!orted b" substantial e%idence shall be final and non6re%iewable. The !etition shall be acco&!anied b" a clearl" le(ible du!licate ori(inal or certified true co!" of the +ud(&ent# final order or resolution sub+ect thereof# to(ether with certified true co!ies of such &aterial !ortions of the record as are referred to therein and other docu&ents rele%ant and !ertinent thereto. The re9uisite nu&ber of co!ies of the !etition shall contain !lain co!ies of all docu&ents attached to the ori(inal co!" of said !etition.

The !etition shall state the s!ecific &aterial dates showin( that it was filed within the !eriod fi$ed herein# and shall contain a sworn certification a(ainst foru& sho!!in( as !ro%ided in the third !ara(ra!h of section '# Rule ,/. The !etition shall further be acco&!anied b" !roof of ser%ice of a co!" thereof on the Co&&ission concerned and on the ad%erse !art"# and of the ti&el" !a"&ent of docket and other lawful fees. The failure of !etitioner to co&!l" with an" of the fore(oin( re9uire&ents shall be sufficient (round for the dis&issal of the !etition. (n) SEC. /. Order to comment.2If the Su!re&e Court finds the !etition sufficient in for& and substance# it shall order the res!ondents to file their co&&ents on the !etition within ten (1>) da"s fro& notice thereof# otherwise# the Court &a" dis&iss the !etition outri(ht. The Court &a" also dis&iss the !etition if it was filed &anifestl" for dela"# or the 9uestions raised are too unsubstantial to warrant further !roceedin(s. (n) SEC. :. Comments of respondents.The co&&ents of the res!ondents shall be filed in ei(hteen (1<) le(ible co!ies. The ori(inal shall be acco&!anied b" certified true co!ies of such &aterial !ortions of the record as are referred to therein to(ether with other su!!ortin( !a!ers. The re9uisite nu&ber of co!ies of the co&&ents shall contain !lain co!ies of all docu&ents attached to the ori(inal and a co!" thereof shall be ser%ed on the !etitioner. No other !leadin( &a" be filed b" an" !art" unless re9uired or allowed b" the Court. (n) SEC. <. *ffect of filing.2The filin( of a !etition for certiorari shall not sta" the e$ecution of the +ud(&ent or final order or resolution sou(ht to be re%iewed# unless the Su!re&e Court shall direct otherwise u!on such ter&s as it &a" dee& +ust. (n) SEC. =. Submission for decision.27nless the Court sets the case for oral ar(u&ent# or re9uires the !arties to sub&it &e&oranda# the case shall be dee&ed sub&itted for decision u!on the filin( of the co&&ents on the !etition# or of such other !leadin(s or !a!ers as &a" be re9uired or allowed# or the e$!iration of the !eriod to do so. (n)

SECTION 1. $etition for certiorari.2hen an" tribunal# board or officer e$ercisin( +udicial or 9uasi6+udicial functions has acted without or in e$cess of its or his +urisdiction# or with (ra%e abuse of discretion a&ountin( to lack or e$cess of +urisdiction# and there is no a!!eal# or an" !lain# s!eed"# and ade9uate re&ed" in the ordinar" course of law# a !erson a((rie%ed thereb" &a" file a %erified !etition in the !ro!er court# alle(in( the facts with certaint" and !ra"in( that +ud(&ent be rendered annullin( or &odif"in( the !roceedin(s of such tribunal# board or officer# and (rantin( such incidental reliefs as law and +ustice &a" re9uire. The !etition shall be acco&!anied b" a certified true co!" of the +ud(&ent# order or resolution sub+ect thereof# co!ies of all !leadin(s and docu&ents rele%ant and !ertinent thereto# and a sworn certification of non6foru& sho!!in( as !ro%ided in the third !ara(ra!h of section '# Rule ,/. (1a) SEC. . $etition for prohibition.22hen the !roceedin(s of an" tribunal# cor!oration# board# officer or !erson# whether e$ercisin( +udicial# 9uasi6+udicial or &inisterial functions# are without or in e$cess of its or his +urisdiction# or with (ra%e abuse of discretion a&ountin( to lack or e$cess of +urisdiction# and there is no a!!eal or an" other !lain# s!eed"# and ade9uate re&ed" in the ordinar" course of law# a !erson a((rie%ed thereb" &a" file a %erified !etition in the !ro!er court# alle(in( the facts with certaint" and !ra"in( that +ud(&ent be rendered co&&andin( the res!ondent to desist fro& further !roceedin(s in the action or &atter s!ecified therein# or otherwise (rantin( such incidental reliefs as law and +ustice &a" re9uire. The !etition shall likewise be acco&!anied b" a certified true co!" of the +ud(&ent# order or resolution sub+ect thereof# co!ies of all !leadin(s and docu&ents rele%ant and !ertinent thereto# and a sworn certification of non6foru& sho!!in( as !ro%ided in the third !ara(ra!h of section '# Rule ,/. ( a) SEC. '. $etition for mandamus.22hen an" tribunal# cor!oration# board# officer or !erson unlawfull" ne(lects the !erfor&ance of an act which the law s!ecificall" en+oins as a dut" resultin( fro& an office# trust# or station# or unlawfull" e$cludes another fro& the use and en+o"&ent of a ri(ht or office to which such other is entitled# and there is no other !lain# s!eed" and ade9uate re&ed" in the ordinar" course of law# the !erson a((rie%ed thereb" &a" file a %erified !etition in the !ro!er court# alle(in( the facts with certaint" and !ra"in( that +ud(&ent be rendered co&&andin( the res!ondent# i&&ediatel" or at so&e other ti&e to be s!ecified b" the court# to do the act re9uired to be done to !rotect the ri(hts of the !etitioner# and to !a" the da&a(es sustained b" the !etitioner b" reason of the wron(ful acts of the res!ondent.

RULE 45

CERT!ORAR!" PRO<!)!T!O- A-. 3A-.A3US

The !etition shall also contain a sworn certification of non6foru& sho!!in( as !ro%ided in the third !ara(ra!h of section '# Rule ,/. ('a) SEC. ,. #hen and where petition filed.2 The !etition &a" be filed not later than si$t" (/>) da"s fro& notice of the +ud(&ent# order or resolution. In case a &otion for reconsideration or new trial is ti&el" filed# whether such &otion is re9uired or not# the si$t" (/>) da" !eriod shall be counted fro& notice of the denial of said &otion. The !etition shall be filed in the Su!re&e Court or# if it relates to the acts or o&issions of a lower court or of a cor!oration# board# officer or !erson# in the Re(ional Trial Court e$ercisin( +urisdiction o%er the territorial area as defined b" the Su!re&e Court. It &a" also be filed in the Court of )!!eals whether or not the sa&e is in aid of its a!!ellate +urisdiction# or in the Sandi(anba"an if it is in aid of its a!!ellate +urisdiction. If it in%ol%es the acts or o&issions of a 9uasi6+udicial a(enc"# and unless otherwise !ro%ided b" law or these rules# the !etition shall be filed in and co(ni-able onl" b" the Court of )!!eals. No e$tension of ti&e to file the !etition shall be (ranted e$ce!t for co&!ellin( reason and in no case e$ceedin( fifteen (1.) da"s. SEC. .. Respondents and costs in certain cases22hen the !etition filed relates to the acts or o&issions of a +ud(e# court# 9uasi6+udicial a(enc"# tribunal# cor!oration# board# officer or !erson# the !etitioner shall +oin# as !ri%ate res!ondent or res!ondents with such !ublic res!ondent or res!ondents# the !erson or !ersons interested in sustainin( the !roceedin(s in the court1 and it shall be the dut" of such !ri%ate res!ondents to a!!ear and defend# both in his or their own behalf and in behalf of the !ublic res!ondent or res!ondents affected b" the !roceedin(s# and the costs awarded in such !roceedin(s in fa%or of the !etitioner shall be a(ainst the !ri%ate res!ondents onl"# and not a(ainst the +ud(e# court# 9uasi6+udicial a(enc"# tribunal# cor!oration# board# officer or !erson i&!leaded as !ublic res!ondent or res!ondents. 7nless otherwise s!ecificall" directed b" the court where the !etition is !endin(# the !ublic res!ondents shall not a!!ear in or file an answer or co&&ent to the !etition or an" !leadin( therein. If the case is ele%ated to a hi(her court b" either !art"# the !ublic res!ondents shall be included therein as no&inal !arties. 8owe%er# unless otherwise s!ecificall" directed b" the court# the" shall not a!!ear or !artici!ate in the !roceedin(s therein. (.a) SEC. /. Order to comment.& If the !etition is sufficient in for& and substance to +ustif" such !rocess# the court shall issue an order re9uirin( the res!ondent or res!ondents to co&&ent on the !etition within ten (1>) da"s fro& recei!t of a co!" thereof. Such order shall be ser%ed on

the res!ondents in such &anner as the court &a" direct# to(ether with a co!" of the !etition and an" anne$es thereto. In !etitions for certiorari before the Su!re&e Court and the Court of )!!eals# the !ro%isions of section # Rule ./# shall be obser%ed. *efore (i%in( due course thereto# the court &a" re9uire the res!ondents to file their co&&ent to# and not a &otion to dis&iss# the !etition. Thereafter# the court &a" re9uire the filin( of a re!l" and such other res!onsi%e or other !leadin(s as it &a" dee& necessar" and !ro!er. (/a) SEC. :. *,pediting proceedings; in"unctive relief.2The court in which the !etition is filed &a" issue orders e$!editin( the !roceedin(s# and it &a" also (rant a te&!orar" restrainin( order or a writ of !reli&inar" in+unction for the !reser%ation of the ri(hts of the !arties !endin( such !roceedin(s. The !etition shall not interru!t the course of the !rinci!al case unless a te&!orar" restrainin( order or a writ of !reli&inar" in+unction has been issued a(ainst the !ublic res!ondent fro& further !roceedin( in the case. (:a) SEC. <. $roceedings after comment is filed. 2)fter the co&&ent or other !leadin(s re9uired b" the court are filed# or the ti&e for the filin( thereof has e$!ired# the court &a" hear the case or re9uire the !arties to sub&it &e&oranda. If after such hearin( or sub&ission of &e&oranda or the e$!iration of the !eriod for the filin( thereof the court finds that the alle(ations of the !etition are true# it shall render +ud(&ent for the relief !ra"ed for or to which the !etitioner is entitled. The court# howe%er# &a" dis&iss the !etition if it finds the sa&e to be !atentl" without &erit# !rosecuted &anifestl" for dela"# or that the 9uestions raised therein are too unsubstantial to re9uire consideration. (<a) SEC. =. Service and enforcement of order or "udgment.2) certified co!" of the +ud(&ent rendered in accordance with the last !recedin( section shall be ser%ed u!on the court# 9uasi6 +udicial a(enc"# tribunal# cor!oration# board# officer or !erson concerned in such &anner as the court &a" direct# and disobedience thereto shall be !unished as conte&!t. )n e$ecution &a" issue for an" da&a(es or costs awarded in accordance with section 1 of Rule '=. (=a)

RULE 44

@UO ;ARRA-TO SECTION 1. (ction by -overnment against

individuals.2)n action for the usur!ation of a !ublic office# !osition or franchise &a" be co&&enced b" a %erified !etition brou(ht in the na&e of the Re!ublic of the ;hili!!ines a(ainst0 (a) ) !erson who usur!s# intrudes into# or unlawfull" holds or e$ercises a !ublic office# !osition or franchise1 (b) ) !ublic officer who does or suffers an act which# b" the !ro%ision of law# constitutes a (round for the forfeiture of his office1 or (c) )n association which acts as a cor!oration within the ;hili!!ines without bein( le(all" incor!orated or without lawful authorit" so to act. (1a) SEC. . #hen Solicitor -eneral or public prosecutor must commence action.The Solicitor @eneral or a !ublic !rosecutor# when directed b" the ;resident of the ;hili!!ines# or when u!on co&!laint or otherwise he has (ood reason to belie%e that an" case s!ecified in the !recedin( section can be established b" !roof# &ust co&&ence such action. ('a) SEC. '. #hen Solicitor -eneral or public prosecutor may commence action with permission of court.2The Solicitor @eneral or a !ublic !rosecutor &a"# with the !er&ission of the court in which the action is to be co&&enced# brin( such an action at the re9uest and u!on the relation of another !erson1 but in such case the officer brin(in( it &a" first re9uire an inde&nit" for the e$!enses and costs of the action in an a&ount a!!ro%ed b" and to be de!osited in the court b" the !erson at whose re9uest and u!on whose relation the sa&e is brou(ht. (,a) SEC. ,. #hen hearing had on application for permission to commence action.27!on a!!lication for !er&ission to co&&ence such action in accordance with the ne$t !recedin( section# the court shall direct that notice be (i%en to the res!ondent so that he &a" be heard in o!!osition thereto1 and if !er&ission is (ranted# the court shall issue an order to that effect# co!ies of which shall be ser%ed on all interested !arties# and the !etition shall then be filed within the !eriod ordered b" the court. (.a) SEC. .. #hen an individual may commence such an action.) !erson clai&in( to be entitled to a !ublic office or !osition usur!ed or unlawfull" held or e$ercised b" another &a" brin( an action therefor in his own na&e. (/) SEC. /. $arties and contents of petition against usurpation.22hen the action is a(ainst a !erson for usur!in( a !ublic office# !osition or franchise# the !etition shall set forth the na&e of the !erson who clai&s to be entitled thereto# if an"# with an a%er&ent of his ri(ht to the sa&e and that the res!ondent is unlawfull" in !ossession thereof. )ll !ersons who clai& to be

entitled to the !ublic office# !osition or franchise &a" be &ade !arties# and their res!ecti%e ri(hts to such !ublic office# !osition or franchise deter&ined# in the sa&e action. (:a) SEC. :. .enue.2)n action under the !recedin( si$ sections can be brou(ht onl" in the Su!re&e Court# the Court of )!!eals# or in the Re(ional Trial Court e$ercisin( +urisdiction o%er the territorial area where the res!ondent or an" of the res!ondents resides# but when the Solicitor @eneral co&&ences the action# it &a" be brou(ht in a Re(ional Trial Court in the Cit" of 3anila# in the Court of )!!eals# or in the Su!re&e Court. (<a) SEC. <. $eriod for pleadings and proceedings may be reduced; action given precedence .2The court &a" reduce the !eriod !ro%ided b" these Rules for filin( !leadin(s and for all other !roceedin(s in the action in order to secure the &ost e$!editious deter&ination of the &atters in%ol%ed therein consistent with the ri(hts of the !arties. Such action &a" be (i%en !recedence o%er an" other ci%il &atter !endin( in the court. (=a) SEC. 9. udgment where usurpation found . 2hen the res!ondent is found (uilt" of usur!in(# intrudin( into# or unlawfull" holdin( or e$ercisin( a !ublic office# !osition or franchise# +ud(&ent shall be rendered that such res!ondent be ousted and alto(ether e$cluded therefro&# and that the !etitioner or relator# as the case &a" be# reco%er his costs. Such further +ud(&ent &a" be rendered deter&inin( the res!ecti%e ri(hts in and to the !ublic office# !osition or franchise of all the !arties to the action as +ustice re9uires. (1>a) SEC. 1>. Rights of persons ad"udged entitled to public office; delivery of boo)s and papers; damages.2If +ud(&ent be rendered in fa%or of the !erson a%erred in the co&!laint to be entitled to the !ublic office he &a"# after takin( the oath of office and e$ecutin( an" official bond re9uired b" law# take u!on hi&self the e$ecution of the office# and &a" i&&ediatel" thereafter de&and of the res!ondent all the books and !a!ers in the res!ondentCs custod" or control a!!ertainin( to the office to which the +ud(&ent relates. If the res!ondent refuses or ne(lects to deli%er an" book or !a!er !ursuant to such de&and# he &a" be !unished for conte&!t as ha%in( disobe"ed a lawful order of the court. The !erson ad+ud(ed entitled to the office &a" also brin( action a(ainst the res!ondent to reco%er the da&a(es sustained b" such !erson b" reason of the usur!ation. (1.a) SEC. 11. 7imitations.2Nothin( contained in this Rule shall be construed to authori-e an action a(ainst a !ublic officer or e&!lo"ee for his ouster fro& office unless the sa&e be co&&enced within one (1) "ear after the cause of such ouster# or the ri(ht of the !etitioner to

hold such office or !osition# arose1 nor to authori-e an action for da&a(es in accordance with the !ro%isions of the ne$t !recedin( section unless the sa&e be co&&enced within one (1) "ear after the entr" of the +ud(&ent establishin( the !etitionerCs ri(ht to the office in 9uestion. (1/a) SEC. 1 . udgment for costs.2In an action brou(ht in accordance with the !ro%isions of this Rule# the court &a" render +ud(&ent for costs a(ainst either the !etitioner# the relator# or the res!ondent# or the !erson or !ersons clai&in( to be a cor!oration# or &a" a!!ortion the costs# as +ustice re9uires. (1:a)

forthwith !lace the !laintiff in !ossession of the !ro!ert" in%ol%ed and !ro&!tl" sub&it a re!ort thereof to the court with ser%ice of co!ies to the !arties. ( a) SEC. '. +efenses and ob"ections.2If a defendant has no ob+ection or defense to the action or the takin( of his !ro!ert"# he &a" file and ser%e a notice of a!!earance and a &anifestation to that effect# s!ecificall" desi(natin( or identif"in( the !ro!ert" in which he clai&s to be interested# within the ti&e stated in the su&&ons. Thereafter# he shall be entitled to notice of all !roceedin(s affectin( the sa&e. If a defendant has an" ob+ection to the filin( of or the alle(ations in the co&!laint# or an" ob+ection or defense to the takin( of his !ro!ert"# he shall ser%e his answer within the ti&e stated in the su&&ons. The answer shall s!ecificall" desi(nate or identif" the !ro!ert" in which he clai&s to ha%e an interest# state the nature and e$tent of the interest clai&ed# and adduce all his ob+ections and defenses to the takin( of his !ro!ert". No counterclai&# cross6 clai& or third6!art" co&!laint shall be alle(ed or allowed in the answer or an" subse9uent !leadin(. ) defendant wai%es all defenses and ob+ections not so alle(ed but the court# in the interest of +ustice# &a" !er&it a&end&ents to the answer to be &ade not later than ten (1>) da"s fro& the filin( thereof. 8owe%er# at the trial of the issue of +ust co&!ensation# whether or not a defendant has !re%iousl" a!!eared or answered# he &a" !resent e%idence as to the a&ount of the co&!ensation to be !aid for his !ro!ert"# and he &a" share in the distribution of the award. SEC. ,. Order of e,propriation.2If the ob+ections to and the defenses a(ainst the ri(ht of the !laintiff to e$!ro!riate the !ro!ert" are o%erruled# or when no !art" a!!ears to defend as re9uired b" this Rule# the court &a" issue an order of e$!ro!riation declarin( that the !laintiff has a lawful ri(ht to take the !ro!ert" sou(ht to be e$!ro!riated# for the !ublic use or !ur!ose described in the co&!laint# u!on the !a"&ent of +ust co&!ensation to be deter&ined as of the date of the takin( of the !ro!ert" or the filin( of the co&!laint# whiche%er ca&e first. ) final order sustainin( the ri(ht to e$!ro!riate the !ro!ert" &a" be a!!ealed b" an" !art" a((rie%ed thereb". Such a!!eal# howe%er# shall not !re%ent the court fro& deter&inin( the +ust co&!ensation to be !aid. )fter the rendition of such an order# the !laintiff shall not be !er&itted to dis&iss or discontinue the !roceedin( e$ce!t on such ter&s as the court dee&s +ust and e9uitable. (,a) SEC. .. (scertainment of compensation. 7!on the rendition of the order of e$!ro!riation#

RULE 47

E?PROPR!AT!OSECTION 1. The complaint.2The ri(ht of e&inent do&ain shall be e$ercised b" the filin( of a %erified co&!laint which shall state with certaint" the ri(ht and !ur!ose of e$!ro!riation# describe the real or !ersonal !ro!ert" sou(ht to be e$!ro!riated# and +oin as defendants all !ersons ownin( or clai&in( to own# or occu!"in(# an" !art thereof or interest therein# showin(# so far as !racticable# the se!arate interest of each defendant. If the title to an" !ro!ert" sou(ht to be e$!ro!riated a!!ears to be in the Re!ublic of the ;hili!!ines# althou(h occu!ied b" !ri%ate indi%iduals# or if the title is otherwise obscure or doubtful so that the !laintiff cannot with accurac" or certaint" s!ecif" who are the real owners# a%er&ent to that effect shall be &ade in the co&!laint. (1a) SEC. . *ntry of plaintiff upon depositing value with authori5ed government depository.2 7!on the filin( of the co&!laint or at an" ti&e thereafter and after due notice to the defendant# the !laintiff shall ha%e the ri(ht to take or enter u!on the !ossession of the real !ro!ert" in%ol%ed if he de!osits with the authori-ed (o%ern&ent de!ositar" an a&ount e9ui%alent to the assessed %alue of the !ro!ert" for !ur!oses of ta$ation to be held b" such bank sub+ect to the orders of the court. Such de!osit shall be in &one"# unless in lieu thereof the court authori-es the de!osit of a certificate of de!osit of a (o%ern&ent bank of the Re!ublic of the ;hili!!ines !a"able on de&and to the authori-ed (o%ern&ent de!ositar". If !ersonal !ro!ert" is in%ol%ed# its %alue shall be !ro%isionall" ascertained and the a&ount to be de!osited shall be !ro&!tl" fi$ed b" the court. )fter such de!osit is &ade the court shall order the sheriff or other !ro!er officer to

the court shall a!!oint not &ore than three (') co&!etent and disinterested !ersons as co&&issioners to ascertain and re!ort to the court the +ust co&!ensation for the !ro!ert" sou(ht to be taken. The order of a!!oint&ent shall desi(nate the ti&e and !lace of the first session of the hearin( to be held b" the co&&issioners and s!ecif" the ti&e within which their re!ort shall be sub&itted to the court. Co!ies of the order shall be ser%ed on the !arties. Ob+ections to the a!!oint&ent of an" of the co&&issioners shall be filed with the court within ten (1>) da"s fro& ser%ice# and shall be resol%ed within thirt" ('>) da"s after all the co&&issioners shall ha%e recei%ed co!ies of the ob+ections. (.a) SEC. /. $roceedings by commissioners. *efore enterin( u!on the !erfor&ance of their duties# the co&&issioners shall take and subscribe an oath that the" will faithfull" !erfor& their duties as co&&issioners# which oath shall be filed in court with the other !roceedin(s in the case. E%idence &a" be introduced b" either !art" before the co&&issioners who are authori-ed to ad&inister oaths on hearin(s before the&# and the co&&issioners shall# unless the !arties consent to the contrar"# after due notice to the !arties to attend# %iew and e$a&ine the !ro!ert" sou(ht to be e$!ro!riated and its surroundin(s# and &a" &easure the sa&e# after which either !art" &a"# b" hi&self or counsel# ar(ue the case. The co&&issioners shall assess the conse9uential da&a(es to the !ro!ert" not taken and deduct fro& such conse9uential da&a(es the conse9uential benefits to be deri%ed b" the owner fro& the !ublic use or !ur!ose of the !ro!ert" taken# the o!eration of its franchise b" the cor!oration or the carr"in( on of the business of the cor!oration or !erson takin( the !ro!ert". *ut in no case shall the conse9uential benefits assessed e$ceed the conse9uential da&a(es assessed# or the owner be de!ri%ed of the actual %alue of his !ro!ert" so taken.(/a) SEC. :. Report by commissioners and "udgment thereupon.2 The court &a" order the co&&issioners to re!ort when an" !articular !ortion of the real estate shall ha%e been !assed u!on b" the&# and &a" render +ud(&ent u!on such !artial re!ort# and direct the co&&issioners to !roceed with their work as to subse9uent !ortions of the !ro!ert" sou(ht to be e$!ro!riated# and &a" fro& ti&e to ti&e so deal with such !ro!ert". The co&&issioners shall &ake a full and accurate re!ort to the court of all their !roceedin(s# and such !roceedin(s shall not be effectual until the court shall ha%e acce!ted their re!ort and rendered +ud(&ent in accordance with their reco&&endations. E$ce!t as otherwise e$!ressl" ordered b" the court# such re!ort shall be filed within si$t" (/>) da"s fro& the date the co&&issioners were notified of their a!!oint&ent# which ti&e &a" be e$tended in

the discretion of the court. 7!on the filin( of such re!ort# the clerk of the court shall ser%e co!ies thereof on all interested !arties# with notice that the" are allowed ten (1>) da"s within which to file ob+ections to the findin(s of the re!ort# if the" so desire. (:a) SEC. <. (ction upon commissioners? report. 27!on the e$!iration of the !eriod of ten (1>) da"s referred to in the !recedin( section# or e%en before the e$!iration of such !eriod but after all the interested !arties ha%e filed their ob+ections to the re!ort or their state&ent of a(ree&ent therewith# the court &a"# after hearin(# acce!t the re!ort and render +ud(&ent in accordance therewith1 or# for cause shown# it &a" reco&&it the sa&e to the co&&issioners for further re!ort of facts1 or it &a" set aside the re!ort and a!!oint new co&&issioners1 or it &a" acce!t the re!ort in !art and re+ect it in !art1 and it &a" &ake such order or render such +ud(&ent as shall secure to the !laintiff the !ro!ert" essential to the e$ercise of his ri(ht of e$!ro!riation# and to the defendant +ust co&!ensation for the !ro!ert" so taken. (<a) SEC. 9. 'ncertain ownership; conflicting claims.2If the ownershi! of the !ro!ert" taken is uncertain# or there are conflictin( clai&s to an" !art thereof# the court &a" order an" su& or su&s awarded as co&!ensation for the !ro!ert" to be !aid to the court for the benefit of the !erson ad+ud(ed in the sa&e !roceedin( to be entitled thereto. *ut the +ud(&ent shall re9uire the !a"&ent of the su& or su&s awarded to either the defendant or the court before the !laintiff can enter u!on the !ro!ert"# or retain it for the !ublic use or !ur!ose if entr" has alread" been &ade. (=a) SEC. 1>. Rights of plaintiff after "udgment and payment.2 7!on !a"&ent b" the !laintiff to the defendant of the co&!ensation fi$ed b" the +ud(&ent# with le(al interest thereon fro& the takin( of the !ossession of the !ro!ert"# or after tender to hi& of the a&ount so fi$ed and !a"&ent of the costs# the !laintiff shall ha%e the ri(ht to enter u!on the !ro!ert" e$!ro!riated and to a!!ro!riate it for the !ublic use or !ur!ose defined in the +ud(&ent# or to retain it should he ha%e taken i&&ediate !ossession thereof under the !ro%isions of section hereof. If the defendant and his counsel absent the&sel%es fro& the court# or decline to recei%e the a&ount tendered# the sa&e shall be ordered to be de!osited in court and such de!osit shall ha%e the sa&e effect as actual !a"&ent thereof to the defendant or the !erson ulti&atel" ad+ud(ed entitled thereto. (1>a) SEC. 11. *ntry not delayed by appeal; effect of reversal.2 The ri(ht of the !laintiff to enter u!on the !ro!ert" of the defendant and a!!ro!riate the sa&e for !ublic use or !ur!ose shall not be dela"ed b" an a!!eal fro& the +ud(&ent. *ut if the a!!ellate court deter&ines that !laintiff has no ri(ht of e$!ro!riation#

+ud(&ent shall be rendered orderin( the Re(ional Trial Court to forthwith enforce the restoration to the defendant of the !ossession of the !ro!ert"# and to deter&ine the da&a(es which the defendant sustained and &a" reco%er b" reason of the !ossession taken b" the !laintiff. (11a) SEC. 1 . Costs, by whom paid.2The fees of the co&&issioners shall be ta$ed as a !art of the costs of the !roceedin(s. )ll costs# e$ce!t those of ri%al clai&ants liti(atin( their clai&s# shall be !aid b" the !laintiff# unless an a!!eal is taken b" the owner of the !ro!ert" and the +ud(&ent is affir&ed# in which e%ent the costs of the a!!eal shall be !aid b" the owner. (1 a) SEC. 1'. Recording "udgment, and its effect.The +ud(&ent entered in e$!ro!riation !roceedin(s shall state definitel"# b" an ade9uate descri!tion# the !articular !ro!ert" or interest therein e$!ro!riated# and the nature of the !ublic use or !ur!ose for which it is e$!ro!riated. 2hen real estate is e$!ro!riated# a certified co!" of such +ud(&ent shall be recorded in the re(istr" of deeds of the !lace in which the !ro!ert" is situated# and its effect shall be to %est in the !laintiff the title to the real estate so described for such !ublic use or !ur!ose. (1'a) SEC. 1,. $ower of guardian in such proceedings.The (uardian or (uardian ad litem of a &inor or of a !erson +udiciall" declared to be inco&!etent &a"# with the a!!ro%al of the court first had# do and !erfor& on behalf of his ward an" act# &atter# or thin( res!ectin( the e$!ro!riation for !ublic use or !ur!ose of !ro!ert" belon(in( to such &inor or !erson +udiciall" declared to be inco&!etent# which such &inor or !erson +udiciall" declared to be inco&!etent could do in such !roceedin(s if he were of a(e or co&!etent. (1,a)

of who& shall be &ade defendants in the action. (1a) SEC. . udgment on foreclosure for payment or sale.2If u!on the trial in such action the court shall find the facts set forth in the co&!laint to be true# it shall ascertain the a&ount due to the !laintiff u!on the &ort(a(e debt or obli(ation# includin( interest and other char(es as a!!ro%ed b" the court# and costs# and shall render +ud(&ent for the su& so found due and order that the sa&e be !aid to the court or to the +ud(&ent obli(ee within a !eriod of not less than ninet" (=>) da"s nor &ore than one hundred twent" (1 >) da"s fro& the entr" of +ud(&ent# and that in default of such !a"&ent the !ro!ert" shall be sold at !ublic auction to satisf" the +ud(&ent. ( a) SEC. '. Sale of mortgaged property; effect.22hen the defendant# after bein( directed to do so as !ro%ided in the ne$t !recedin( section# fails to !a" the a&ount of the +ud(&ent within the !eriod s!ecified therein# the court# u!on &otion# shall order the !ro!ert" to be sold in the &anner and under the !ro%isions of Rule '= and other re(ulations (o%ernin( sales of real estate under e$ecution. Such sale shall not affect the ri(hts of !ersons holdin( !rior encu&brances u!on the !ro!ert" or a !art thereof# and when confir&ed b" an order of the court# also u!on &otion# it shall o!erate to di%est the ri(hts in the !ro!ert" of all the !arties to the action and to %est their ri(hts in the !urchaser# sub+ect to such ri(hts of rede&!tion as &a" be allowed b" law. 7!on the finalit" of the order of confir&ation or u!on the e$!iration of the !eriod of rede&!tion when allowed b" law# the !urchaser at the auction sale or last rede&!tioner# if an"# shall be entitled to the !ossession of the !ro!ert" unless a third !art" is actuall" holdin( the sa&e ad%ersel" to the +ud(&ent obli(or. The said !urchaser or last rede&!tioner &a" secure a writ of !ossession# u!on &otion# fro& the court which ordered the foreclosure. ('a) SEC. ,. +isposition of proceeds of sale.2 The a&ount reali-ed fro& the foreclosure sale of the &ort(a(ed !ro!ert" shall# after deductin( the costs of the sale# be !aid to the !erson foreclosin( the &ort(a(e# and when there shall be an" balance or residue# after !a"in( off the &ort(a(e debt due# the sa&e shall be !aid to +unior encu&brancers in the order of their !riorit"# to be ascertained b" the court# or if there be no such encu&brancers or there be a balance or residue after !a"&ent to the&# then to the &ort(a(or or his dul" authori-ed a(ent# or to the !erson entitled to it. (,a) SEC. .. 3ow sale to proceed in case the debt is not all due.2 If the debt for which the &ort(a(e or encu&brance was held is not all due as !ro%ided in the +ud(&ent# as soon as a

RULE 48

FORECLOSURE OF REAL ESTATE 3ORT,A,E SECTION 1. Complaint in action for foreclosure.2In an action for the foreclosure of a &ort(a(e or other encu&brance u!on real estate# the co&!laint shall set forth the date and due e$ecution of the &ort(a(e1 its assi(n&ents# if an"1 the na&es and residences of the &ort(a(or and the &ort(a(ee1 a descri!tion of the &ort(a(ed !ro!ert"1 a state&ent of the date of the note or other docu&entar" e%idence of the obli(ation secured b" the &ort(a(e# the a&ount clai&ed to be un!aid thereon1 and the na&es and residences of all !ersons ha%in( or clai&in( an interest in the !ro!ert" subordinate in ri(ht to that of the holder of the &ort(a(e# all

sufficient !ortion of the !ro!ert" has been sold to !a" the total a&ount and the costs due# the sale shall ter&inate1 and afterwards# as often as &ore beco&es due for !rinci!al or interest and other %alid char(es# the court &a"# on &otion# order &ore to be sold. *ut if the !ro!ert" cannot be sold in !ortions without !re+udice to the !arties# the whole shall be ordered to be sold in the first instance# and the entire debt and costs shall be !aid# if the !roceeds of the sale be sufficient therefor# there bein( a rebate of interest where such rebate is !ro!er. (.a) SEC. /. +eficiency "udgment.2If u!on the sale of an" real !ro!ert" as !ro%ided in the ne$t !recedin( section there be a balance due to the !laintiff after a!!l"in( the !roceeds of the sale# the court# u!on &otion# shall render +ud(&ent a(ainst the defendant for an" such balance for which# b" the record of the case# he &a" be !ersonall" liable to the !laintiff# u!on which e$ecution &a" issue i&&ediatel" if the balance is all due at the ti&e of the rendition of the +ud(&ent1 otherwise# the !laintiff shall be entitled to e$ecution at such ti&e as the balance re&ainin( beco&es due under the ter&s of the ori(inal contract# which ti&e shall be stated in the +ud(&ent. (/a) SEC. :. Registration.2) certified co!" of the final order of the court confir&in( the sale shall be re(istered in the re(istr" of deeds. If no ri(ht of rede&!tion e$ists# the certificate of title in the na&e of the &ort(a(or shall be cancelled# and a new one issued in the na&e of the !urchaser. 2here a ri(ht of rede&!tion e$ists# the certificate of title in the na&e of the &ort(a(or shall not be cancelled# but the certificate of sale and the order confir&in( the sale shall be re(istered and a brief &e&orandu& thereof &ade b" the re(istrar of deeds u!on the certificate of title. In the e%ent the !ro!ert" is redee&ed# the deed of rede&!tion shall be re(istered with the re(istr" of deeds# and a brief &e&orandu& thereof shall be &ade b" the re(istrar of deeds on said certificate of title. If the !ro!ert" is not redee&ed# the final deed of sale e$ecuted b" the sheriff in fa%or of the !urchaser at the foreclosure sale shall be re(istered with the re(istr" of deeds1 whereu!on the certificate of title in the na&e of the &ort(a(or shall be cancelled and a new one issued in the na&e of the !urchaser. (n) SEC. <. (pplicability of other provisions.2 The !ro%isions of sections '1# ' and ', of Rule '= shall be a!!licable to the +udicial foreclosure of real estate &ort(a(es under this Rule insofar as the for&er are not inconsistent with or &a" ser%e to su!!le&ent the !ro%isions of the latter. (<a)

RULE 49

PART!T!OSECTION 1. Complaint in action for partition of real estate.2) !erson ha%in( the ri(ht to co&!el the !artition of real estate &a" do so as !ro%ided in this Rule# settin( forth in his co&!laint the nature and e$tent of his title and an ade6uate descri!tion of the real estate of which !artition is de&anded and +oinin( as defendants all other !ersons interested in the !ro!ert". (1a) SEC. . Order for partition, and partition, by agreement thereunder.2If after the trial the court finds that the !laintiff has the ri(ht thereto# it shall order the !artition of the real estate a&on( all the !arties in interest. Thereu!on the !arties &a"# if the" are able to a(ree# &ake the !artition a&on( the&sel%es b" !ro!er instru&ents of con%e"ance# and the court shall confir& the !artition so a(reed u!on b" all the !arties# and such !artition# to(ether with the order of the court confir&in( the sa&e# shall be recorded in the re(istr" of deeds of the !lace in which the !ro!ert" is situated. ( a) ) final order decreein( !artition and accountin( &a" be a!!ealed b" an" !art" a((rie%ed thereb". (n) SEC. '. Commissioners to ma)e partition when parties fail to agree.2If the !arties are unable to a(ree u!on the !artition# the court shall a!!oint not &ore than three (') co&!etent and disinterested !ersons as co&&issioners to &ake the !artition# co&&andin( the& to set off to the !laintiff and to each !art" in interest such !art and !ro!ortion of the !ro!ert" as the court shall direct. ('a) SEC. ,. Oath and duties of commissioners. 2*efore &akin( such !artition# the co&&issioners shall take and subscribe an oath that the" will faithfull" !erfor& their duties as co&&issioners# which oath shall be filed in court with the other !roceedin(s in the case. In &akin( the !artition# the co&&issioners shall %iew and e$a&ine the real estate# after due notice to the !arties to attend at such %iew and e$a&ination# and shall hear the !arties as to their !reference in the !ortion of the !ro!ert" to be set a!art to the& and the co&!arati%e %alue thereof# and shall set a!art the sa&e to the !arties in lots or !arcels as will be &ost ad%anta(eous and e9uitable# ha%in( due re(ard to the i&!ro%e&ents# situation and 9ualit" of the different !arts thereof. (,a) SEC. .. (ssignment or sale of real estate by commissioners.22hen it is &ade to a!!ear to the co&&issioners that the real estate# or a !ortion thereof# cannot be di%ided without !re+udice to the interests of the !arties# the

court &a" order it assi(ned to one of the !arties willin( to take the sa&e# !ro%ided he !a"s to the other !arties such a&ounts as the co&&issioners dee& e9uitable# unless one of the interested !arties asks that the !ro!ert" be sold instead of bein( so assi(ned# in which case the court shall order the co&&issioners to sell the real estate at !ublic sale under such conditions and within such ti&e as the court &a" deter&ine. (.a) SEC. /. Report of commissioners; proceedings not binding until confirmed.2 The co&&issioners shall &ake a full and accurate re!ort to the court of all their !roceedin(s as to the !artition# or the assi(n&ent of real estate to one of the !arties# or the sale of the sa&e. 7!on the filin( of such re!ort# the clerk of court shall ser%e co!ies thereof on all the interested !arties with notice that the" are allowed ten (1>) da"s within which to file ob+ections to the findin(s of the re!ort# if the" so desire. No !roceedin( had before or conducted b" the co&&issioners shall !ass the title to the !ro!ert" or bind the !arties until the court shall ha%e acce!ted the re!ort of the co&&issioners and rendered +ud(&ent thereon. (/a) SEC. :. (ction of the court upon commissioners? report.2 7!on the e$!iration of the !eriod of ten (1>) da"s referred to in the !recedin( section# or e%en before the e$!iration of such !eriod but after the interested !arties ha%e filed their ob+ections to the re!ort or their state&ent of a(ree&ent therewith# the court &a"# u!on hearin(# acce!t the re!ort and render +ud(&ent in accordance therewith1 or# for cause shown# reco&&it the sa&e to the co&&issioners for further re!ort of facts1 or set aside the re!ort and a!!oint new co&&issioners1 or acce!t the re!ort in !art and re+ect it in !art1 and &a" &ake such order and render such +ud(&ent as shall effectuate a fair and +ust !artition of the real estate# or of its %alue# if assi(ned or sold as abo%e !ro%ided# between the se%eral owners thereof. (:) SEC. <. (ccounting for rent and profits in action for partition.2In an action for !artition in accordance with this Rule# a !art" shall reco%er fro& another his +ust share of rents and !rofits recei%ed b" such other !art" fro& the real estate in 9uestion# and the +ud(&ent shall include an allowance for such rents and !rofits. (<a) SEC. =. $ower of guardian in such proceedings.The (uardian or (uardian ad litem of a &inor or !erson +udiciall" declared to be inco&!etent &a"# with the a!!ro%al of the court first had# do and !erfor& on behalf of his ward an" act# &atter# or thin( res!ectin( the !artition of real estate# which the &inor or !erson +udiciall" declared to be inco&!etent could do in !artition !roceedin(s if he were of a(e or co&!etent. (=a)

SEC. 1>. Costs and e,penses to be ta,ed and collected.The court shall e9uitabl" ta$ and a!!ortion between or a&on( the !arties the costs and e$!enses which accrue in the action# includin( the co&!ensation of the co&&issioners# ha%in( re(ard to the interests of the !arties# and e$ecution &a" issue therefor as in other cases. (1>a) SEC. 11. The "udgment and its effect; copy to be recorded in registry of deeds.2 If actual !artition of !ro!ert" is &ade# the +ud(&ent shall state definitel"# b" &etes and bounds and ade9uate descri!tion# the !articular !ortion of the real estate assi(ned to each !art"# and the effect of the +ud(&ent shall be to %est in each !art" to the action in se%eralt" the !ortion of the real estate assi(ned to hi&. If the whole !ro!ert" is assi(ned to one of the !arties u!on his !a"in( to the others the su& or su&s ordered b" the court# the +ud(&ent shall state the fact of such !a"&ent and of the assi(n&ent of the real estate to the !art" &akin( the !a"&ent# and the effect of the +ud(&ent shall be to %est in the !art" &akin( the !a"&ent the whole of the real estate free fro& an" interest on the !art of the other !arties to the action. If the !ro!ert" is sold and the sale confir&ed b" the court# the +ud(&ent shall state the na&e of the !urchaser or !urchasers and a definite descri!tion of the !arcels of real estate sold to each !urchaser# and the effect of the +ud(&ent shall be to %est the real estate in the !urchaser or !urchasers &akin( the !a"&ent or !a"&ents# free fro& the clai&s of an" of the !arties to the action. ) certified co!" of the +ud(&ent shall in either case be recorded in the re(istr" of deeds of the !lace in which the real estate is situated# and the e$!enses of such recordin( shall be ta$ed as !art of the costs of the action. (11a) SEC. 1 . %either paramount rights nor amicable partition affected by this Rule. Nothin( in this Rule contained shall be construed so as to !re+udice# defeat# or destro" the ri(ht or title of an" !erson clai&in( the real estate in%ol%ed b" title under an" other !erson# or b" title !ara&ount to the title of the !arties a&on( who& the !artition &a" ha%e been &ade1 nor so as to restrict or !re%ent !ersons holdin( real estate +ointl" or in co&&on fro& &akin( an a&icable !artition thereof b" a(ree&ent and suitable instru&ents of con%e"ance without recourse to an action. (1 a) SEC. 1'. $artition of personal property.2 The !ro%isions of this Rule shall a!!l" to !artitions of estates co&!osed of !ersonal !ro!ert"# or of both real and !ersonal !ro!ert"# in so far as the sa&e &a" be a!!licable. (1')

RULE 7:

FORC!)LE E-TR/ A-. U-LA;FUL .ETA!-ER SECTION 1. #ho may institute proceedings, and when.2Sub+ect to the !ro%isions of the ne$t succeedin( section# a !erson de!ri%ed of the !ossession of an" land or buildin( b" force# inti&idation# threat# strate("# or stealth# or a lessor# %endor# %endee# or other !erson a(ainst who& the !ossession of an" land or buildin( is unlawfull" withheld after the e$!iration or ter&ination of the ri(ht to hold !ossession# b" %irtue of an" contract# e$!ress or i&!lied# or the le(al re!resentati%es or assi(ns of an" such lessor# %endor# %endee# or other !erson &a" at an" ti&e within one (1) "ear after such unlawful de!ri%ation or withholdin( of !ossession# brin( an action in the !ro!er 3unici!al Trial Court a(ainst the !erson or !ersons unlawfull" withholdin( or de!ri%in( of !ossession# or an" !erson or !ersons clai&in( under the&# for the restitution of such !ossession# to(ether with da&a(es and costs. (1a) SEC. . 7essor to proceed against lessee only after demand.27nless otherwise sti!ulated# such action b" the lessor shall be co&&enced onl" after de&and to !a" or co&!l" with the conditions of the lease and to %acate is &ade u!on the lessee# or b" ser%in( written notice of such de&and u!on the !erson found on the !re&ises# or b" !ostin( such notice on the !re&ises if no !erson be found thereon# and the lessee fails to co&!l" therewith after fifteen (1.) da"s in the case of land or fi%e (.) da"s in the case of buildin(s. ( a) SEC. '. Summary procedure.E$ce!t in cases co%ered b" the a(ricultural tenanc" laws or when the law otherwise e$!ressl" !ro%ides# all actions for forcible entr" and unlawful detainer# irres!ecti%e of the a&ount of da&a(es or un!aid rentals sou(ht to be reco%ered# shall be (o%erned b" the su&&ar" !rocedure hereunder !ro%ided. (n) SEC. ,. $leadings allowed.2The onl" !leadin(s allowed to be filed are the co&!laint# co&!ulsor" counterclai& and cross6clai& !leaded in the answer# and the answers thereto. )ll !leadin(s shall be %erified. ('a# RS;) SEC. .. (ction on complaint.2The court &a"# fro& an e$a&ination of the alle(ations in the co&!laint and such e%idence as &a" be attached thereto# dis&iss the case outri(ht on an" of the (rounds for the dis&issal of a ci%il action which are a!!arent therein. If no (round for dis&issal is found# it shall forthwith issue su&&ons. (n) SEC. /. )nswer.2ithin ten (1>) da"s fro& ser%ice of su&&ons# the defendant shall file his answer to the co&!laint and ser%e a co!" thereof on the !laintiff. )ffir&ati%e and ne(ati%e defenses not !leaded therein shall be dee&ed wai%ed# e$ce!t lack of +urisdiction o%er

the sub+ect &atter. Cross6clai&s and co&!ulsor" counterclai&s not asserted in the answer shall be considered barred. The answer to counterclai&s or cross6clai&s shall be ser%ed and filed within ten (1>) da"s fro& ser%ice of the answer in which the" are !leaded. (.# RS;) SEC. :. *ffect of failure to answer.2Should the defendant fail to answer the co&!laint within the !eriod abo%e !ro%ided# the court# motu proprio or on &otion of the !laintiff# shall render +ud(&ent as &a" be warranted b" the facts alle(ed in the co&!laint and li&ited to what is !ra"ed for therein. The court &a" in its discretion reduce the a&ount of da&a(es and attorne"Cs fees clai&ed for bein( e$cessi%e or otherwise unconscionable# without !re+udice to the a!!licabilit" of section '(c)# Rule = if there are two or &ore defendants. (/# RS;) SEC. <. $reliminary conference; appearance of !arties.Not later than thirt" ('>) da"s after the last answer is filed# a !reli&inar" conference shall be held. The !ro%isions of Rule 1< on !re6trial shall be a!!licable to the !reli&inar" conference unless inconsistent with the !ro%isions of this Rule. The failure of the !laintiff to a!!ear in the !reli&inar" conference shall be cause for the dis&issal of his co&!laint. The defendant who a!!ears in the absence of the !laintiff shall be entitled to +ud(&ent on his counterclai& in accordance with the ne$t !recedin( section. )ll cross6clai&s shall be dis&issed. (:# RS;) If a sole defendant shall fail to a!!ear# the !laintiff shall likewise be entitled to +ud(&ent in accordance with the ne$t !recedin( section. This !rocedure shall not a!!l" where one Of two or &ore defendants sued under a co&&on cause of action who had !leaded a co&&on defense shall a!!ear at the !reli&inar" conference. No !ost!one&ent of the !reli&inar" conference shall be (ranted e$ce!t for hi(hl" &eritorious (rounds and without !re+udice to such sanctions as the court in the e$ercise of sound discretion &a" i&!ose on the &o%ant. (n) SEC. =. Record of preliminary conference. 2ithin fi%e (.) da"s after the ter&ination of the !reli&inar" conference# the court shall issue an order statin( the &atters taken u! therein# includin( but not li&ited to0 1. 2hether the !arties ha%e arri%ed at an a&icable settle&ent# and if so# the ter&s thereof1 . The sti!ulations or ad&issions entered into b" the !arties1 '. 2hether# on the basis of the !leadin(s and the sti!ulations and ad&issions &ade b" the !arties# +ud(&ent &a" be rendered without the need of further !roceedin(s# in which e%ent the

+ud(&ent shall be rendered within thirt" ('>) da"s fro& issuance of the order1 ,. ) clear s!ecification of &aterial facts which re&ain contro%erted1 and .. Such other &atters intended to e$!edite the dis!osition of the case. (<# RS;) SEC. 1>. Submission of affidavits and position papers.2 2ithin ten (1>) da"s fro& recei!t of the order &entioned in the ne$t !recedin( section# the !arties shall sub&it the affida%its of their witnesses and other e%idence on the factual issues defined in the order# to(ether with their !osition !a!ers settin( forth the law and the facts relied u!on b" the&. (=# RS;) SEC. 11. $eriod for rendition of "udgment. 22ithin thirt" ('>) da"s after recei!t of the affida%its and !osition !a!ers# or the e$!iration of the !eriod for filin( the sa&e# the court shall render +ud(&ent. 8owe%er# should the court find it necessar" to clarif" certain &aterial facts# it &a"# durin( the said !eriod# issue an order s!ecif"in( the &atters to be clarified# and re9uire the !arties to sub&it affida%its or other e%idence on the said &atters within ten (1>) da"s fro& recei!t of said order. Eud(&ent shall be rendered within fifteen (1.) da"s after the recei!t of the last affida%it or the e$!iration of the !eriod for filin( the sa&e. The court shall not resort to the fore(oin( !rocedure +ust to (ain ti&e for the rendition of the +ud(&ent. (n) SEC. 1 . Referral for conciliation.2Cases re9uirin( referral for conciliation# where there is no showin( of co&!liance with such re9uire&ent# shall be dis&issed without !re+udice# and &a" be re%i%ed onl" after that re9uire&ent shall ha%e been co&!lied with. (1<a# RS;) SEC. 1'. $rohibited pleadings and motions. 2The followin( !etitions# &otions# or !leadin(s shall not be allowed0 1. 3otion to dis&iss the co&!laint e$ce!t on the (round of lack of +urisdiction o%er the sub+ect &atter# or failure to co&!l" with section 1 1 . !articulars1 3otion for a bill of

!a!er1 /. 3e&oranda1

:. ;etition for certiorari# &anda&us# or !rohibition a(ainst an" interlocutor" order issued b" the court1 <. 3otion defendant in default1 =. !ost!one&ent1 1>. Re!l"1 11. Third6!art" co&!laints1 1 . Inter%entions. (1=a# RS;) to declare &otions the for

Dilator"

SEC. 1,. (ffidavits.2The affida%its re9uired to be sub&itted under this Rule shall state onl" facts of direct !ersonal knowled(e of the affiants which are ad&issible in e%idence# and shall show their co&!etence to testif" to the &atters stated therein. ) %iolation of this re9uire&ent &a" sub+ect the !art" or the counsel who sub&its the sa&e to disci!linar" action# and shall be cause to e$!un(e the inad&issible affida%it or !ortion thereof fro& the record. ( ># RS$0 SEC. 1.. $reliminary in"unction.2The court &a" (rant !reli&inar" in+unction# in accordance with the !ro%isions of Rule .< hereof# to !re%ent the defendant fro& co&&ittin( further acts of dis!ossession a(ainst the !laintiff. ) !ossessor de!ri%ed of his !ossession throu(h forcible entr" or unlawful detainer &a"# within fi%e (.) da"s fro& the filin( of the co&!laint# !resent a &otion in the action for forcible entr" or unlawful detainer for the issuance of a writ of !reli&inar" &andator" in+unction to restore hi& in his !ossession. The court shall decide the &otion within thirt" ('>) da"s fro& the filin( thereof. ('a) SEC. 1/. Resolving defense of ownership. 2hen the defendant raises the defense of ownershi! in his !leadin(s and the 9uestion of !ossession cannot be resol%ed without decidin( the issue of ownershi!# the issue of ownershi! shall be resol%ed onl" to deter&ine the issue of !ossession. (,a) SEC. 1:. udgment.2If after trial the court finds that the alle(ations of the co&!laint are true# it shall render +ud(&ent in fa%or of the !laintiff for the restitution of the !re&ises# the su& +ustl" due as arrears of rent or as reasonable co&!ensation for the use and occu!ation of the !re&ises# attorne"Cs fees and costs. If it finds that said alle(ations are not true# it shall render +ud(&ent for the defendant to reco%er his costs. If a counterclai& is established# the court shall render +ud(&ent for the su& found in arrears fro& either !art" and

'. 3otion for new trial# or for reconsideration of a +ud(&ent# or for reo!enin( of trial1 ,. +ud(&ent1 ;etition for relief fro&

.. 3otion for e$tension of ti&e to file !leadin(s# affida%its or an" other

award costs as +ustice re9uires. (/a) SEC. 1<. udgment conclusive only on possession; not conclusive in actions involving title or ownership.2The +ud(&ent rendered in an action for forcible entr" or detainer shall be conclusi%e with res!ect to the !ossession onl" and shall in no wise bind the title or affect the ownershi! of the land or buildin(. Such +ud(&ent shall not bar an action between the sa&e !arties res!ectin( title to the land or buildin(. The +ud(&ent or final order shall be a!!ealable to the a!!ro!riate Re(ional Trial Court which shall decide the sa&e on the basis of the entire record of the !roceedin(s had in the court of ori(in and such &e&oranda andHor briefs as &a" be sub&itted b" the !arties or re9uired b" the Re(ional Trial Court. (:a) SEC. 1=. Immediate e,ecution of "udgment; how to stay same.2If +ud(&ent is rendered a(ainst the defendant# e$ecution shall issue i&&ediatel" u!on &otion# unless an a!!eal has been !erfected and the defendant to sta" e$ecution files a sufficient su!ersedeas bond# a!!ro%ed b" the 3unici!al Trial Court and e$ecuted in fa%or of the !laintiff to !a" the rents# da&a(es# and costs accruin( down to the ti&e of the +ud(&ent a!!ealed fro&# and unless# durin( the !endenc" of the a!!eal# he de!osits with the a!!ellate court the a&ount of rent due fro& ti&e to ti&e under the contract# if an"# as deter&ined b" the +ud(&ent of the 3unici!al Trial Court. In the absence of a contract# he shall de!osit with the Re(ional Trial Court the reasonable %alue of the use and occu!ation of the !re&ises for the !recedin( &onth or !eriod at the rate deter&ined b" the +ud(&ent of the lower court on or before the tenth da" of each succeedin( &onth or !eriod. The su!ersedeas bond shall be trans&itted b" the 3unici!al Trial Court# with the other !a!ers# to the clerk of the Re(ional Trial Court to which the action is a!!ealed. )ll a&ounts so !aid to the a!!ellate court shall be de!osited with said court or authori-ed (o%ern&ent de!ositar" bank# and shall be held there until the final dis!osition of the a!!eal# unless the court# b" a(ree&ent of the interested !arties# or in the absence of reasonable (rounds of o!!osition to a &otion to withdraw# or for +ustifiable reasons# shall decree otherwise. Should the defendant fail to &ake the !a"&ents abo%e !rescribed fro& ti&e to ti&e durin( the !endenc" of the a!!eal# the a!!ellate court# u!on &otion of the !laintiff# and u!on !roof of such failure# shall order the e$ecution of the +ud(&ent a!!ealed fro& with res!ect to the restoration of !ossession# but such e$ecution shall not be a bar to the a!!eal takin( its course until the final dis!osition thereof on the &erits. )fter the case is decided b" the Re(ional Trial Court# an" &one" !aid to the court b" the

defendant for !ur!oses of the sta" of e$ecution shall be dis!osed of in accordance with the !ro%isions of the +ud(&ent of the Re(ional Trial Court. In an" case wherein it a!!ears that the defendant has been de!ri%ed of the lawful !ossession of land or buildin( !endin( the a!!eal by %irtue of the e$ecution of the +ud(&ent of the 3unici!al Trial Court# da&a(es for such de!ri%ation of !ossession and restoration of !ossession &a" be allowed the defendant in the +ud(&ent of the Re(ional Trial Court dis!osin( of the a!!eal. (<a) SEC. >. $reliminary mandatory in"unction in case of appeal.7!on &otion of the !laintiff# within ten (1>) da"s fro& the !erfection of the a!!eal to the Re(ional Trial Court# the latter &a" issue a writ of !reli&inar" &andator" in+unction to restore the !laintiff in !ossession if the court is satisfied that the defendantCs a!!eal is fri%olous or dilator"# or that the a!!eal of the !laintiff is prima facie &eritorious. (=a) SEC. 1. Immediate e,ecution on appeal to Court of (ppeals or Supreme Court .2 The +ud(&ent of the Re(ional Trial Court a(ainst the defendant shall be i&&ediatel" e$ecutor"# without !re+udice to a further a!!eal that &a" be taken therefro&. (1>a)

RULE 7+

CO-TE3PT SECTION 1. +irect contempt punished summarily.A person 'uilt% of #is$ehavior in the presence of or so near a court as to obstruct or interru!t the !roceedin(s before the sa&e# includin( disres!ect toward the court# offensi%e !ersonalities toward others# or refusal to be sworn or to answer as a witness# or to subscribe an affida%it or de!osition when lawfull" re9uired to do so# #a% $e su##aril% a&Au&'e& in conte#pt b" such court and !unished b" a fine not e$ceedin( two thousand !esos or i&!rison&ent not e$ceedin( ten (1>) da"s# or both# if it be a Re(ional Trial Court or a court of e9ui%alent or hi(her rank# or b" a fine not e$ceedin( two hundred !esos or i&!rison&ent net e$ceedin( (1) da"# or both# if it be a lower court. (1a) SEC. . Remedy therefrom.2The !erson ad+ud(ed in direct conte&!t b" an" court &a" not a!!eal therefro&# but &a" a%ail hi&self of the re&edies of certiorari or !rohibition. The e$ecution of the +ud(&ent shall be sus!ended !endin( resolution of such !etition# !ro%ided such !erson flea a bond fi$ed b" the court which rendered the +ud(&ent and conditioned that he will abide b" and !erfor& the +ud(&ent should the !etition be decided a(ainst hi&. ( a)

SEC. '. Indirect contempt to be punished after charge and hearing.2)fter a char(e in writin( has been filed# and an o!!ortunit" (i%en to the res!ondent to comment thereon within such !eriod as &a" be fi$ed b" the court and to be heard b" hi&self or counsel# a !erson (uilt" of an" of the followin( acts &a" be !unished for indirect conte&!t0 (a) 3isbeha%ior of an officer of a court in the !erfor&ance of his official duties or in his official transactions1 (b) Disobedience of or resistance to a lawful writ# !rocess# order# or +ud(&ent of a court# includin( the act of a !erson who# after bein( dis!ossessed or e+ected fro& an" real !ro!ert" b" the +ud(&ent or !rocess of an" court of co&!etent +urisdiction# enters or atte&!ts or induces another to enter into or u!on such real !ro!ert"# for the !ur!ose of e$ecutin( acts of ownershi! or !ossession# or in an" &anner disturbs the !ossession (i%en to the !erson ad+ud(ed to be entitled thereto1 (c) )n" abuse of or an" unlawful interference with the !rocesses or !roceedin(s of a court not constitutin( direct conte&!t under section 1 of this Rule1 (d) )n" i&!ro!er conduct tendin(# directl" or indirectl"# to i&!ede# obstruct# or de(rade the ad&inistration of +ustice1 (e) )ssu&in( to be an attorne" or an officer of a court# and actin( as such without authorit"1 (f) dul" ser%ed1 ?ailure to obe" a sub!oena

ci%il actions in the court concerned. If the conte&!t char(es arose out of or are related to a !rinci!al action !endin( in the court# the !etition for conte&!t shall alle(e that fact but said !etition shall be docketed# heard and decided se!aratel"# unless the court in its discretion orders the consolidation of the conte&!t char(e and the !rinci!al action for +oint hearin( and decision. (n) SEC. .. #here charge to be filed.22here the char(e for indirect conte&!t has been co&&itted a(ainst a Re(ional Trial Court or a court of e9ui%alent or hi(her rank# or a(ainst an officer a!!ointed b" it# the char(e &a" be filed with such court. 2here such conte&!t has been co&&itted a(ainst a lower court# the char(e &a" be filed with the Re(ional Trial Court of the !lace in which the lower court is sittin(1 but the !roceedin(s &a" also be instituted in such lower court sub+ect to a!!eal to the Re(ional Trial Court of such !lace in the sa&e &anner as !ro%ided in section of this Rule. (,a) SEC. =. 3earing; release on bail.2If the hearin( is not ordered to be had forthwith# the res!ondent &a" be released fro& custod" u!on filin( a bond# in an a&ount fi$ed b" the court# for his a!!earance at the hearin( of the char(e. On the da" set therefor# the court shall !roceed to in%esti(ate the char(e and consider such co&&ent# testi&on" or defense as the res!ondent &a" &ake or offer. (.a) SEC. :. $unishment for indirect contempt. 2If the res!ondent is ad+ud(ed (uilt" of indirect conte&!t co&&itted a(ainst a Re(ional Trial Court or a court of e9ui%alent or hi(her rank# he &a" be !unished b" a fine not e$ceedin( thirt" thousand !esos or i&!rison&ent not e$ceedin( si$ (/) &onths# or both. If he is ad+ud(ed (uilt" of conte&!t co&&itted a(ainst a lower court# he &a" be !unished b" a fine not e$ceedin( fi%e thousand !esos or i&!rison&ent not e$ceedin( one (1) &onth# or both. If the conte&!t consists in the %iolation of a writ of in+unction# te&!orar" restrainin( order or status 6uo order# he &a" also be ordered to &ake co&!lete restitution to the !art" in+ured b" such %iolation of the !ro!ert" in%ol%ed or such a&ount as &a" be alle(ed and !ro%ed. The writ of e$ecution# as in ordinar" ci%il actions# shall issue for the enforce&ent of a +ud(&ent i&!osin( a fine unless the court otherwise !ro%ides. (/a) SEC. <. Imprisonment until order obe"ed. 2hen the conte&!t consists in the refusal or o&ission to do an act which is "et in the !ower of the res!ondent to !erfor&# he &a" be i&!risoned b" order of the court concerned until he !erfor&s it. (:a) SEC. 9. $roceeding when party released on bail fails to answer.22hen a res!ondent released on bail fails to a!!ear on the da" fi$ed for the hearin(# the court &a" issue another

(() The rescue# or atte&!ted rescue# of a !erson or !ro!ert" in the custod" of an officer b" %irtue of an order or !rocess of a court held b" hi&. *ut nothin( in this section shall be so construed as to !re%ent the court fro& issuin( !rocess to brin( the res!ondent into court# or fro& holdin( hi& in custod" !endin( such !roceedin(s. ('a) SEC. ,. 3ow proceedings commenced. ;roceedin(s for indirect conte&!t &a" be initiated motu proprio b" the court a(ainst which the conte&!t was co&&itted b" an order or an" other for&al char(e re9uirin( the res!ondent to show cause wh" he should not be !unished for conte&!t. In all other cases# char(es for indirect conte&!t shall be co&&enced b" a %erified !etition with su!!ortin( !articulars and certified true co!ies of docu&ents or !a!ers in%ol%ed therein# and u!on full co&!liance with the re9uire&ents for filin( initiator" !leadin(s for

order of arrest or &a" order the bond for his a!!earance to be forfeited and confiscated# or both1 and# if the bond be !roceeded a(ainst# the &easure of da&a(es shall be the e$tent of the loss or in+ur" sustained b" the a((rie%ed !art" b" reason of the &isconduct for which the conte&!t char(e was !rosecuted# with the costs of the !roceedin(s# and such reco%er" shall be for the benefit of the !art" in+ured. If there is no a((rie%ed !art"# the bond shall be liable and dis!osed of as in cri&inal cases. (<a) SEC. 1>. Court may release respondent.2 The court which issued the order i&!risonin( a !erson for conte&!t &a" dischar(e hi& fro& i&!rison&ent when it a!!ears that !ublic interest will not be !re+udiced b" his release. (=a) SEC. 11. Review of "udgment or final order; bond for stay.2The +ud(&ent or final order of a court in a case of indirect conte&!t &a" be a!!ealed to the !ro!er court as in cri&inal cases. *ut e$ecution of the +ud(&ent or final order shall not be sus!ended until a bond is filed b" the !erson ad+ud(ed in conte&!t# in an a&ount fi$ed b" the court front which the a!!eal is taken# conditioned that if the a!!eal be decided a(ainst hi& he will abide b" and !erfor& the +ud(&ent or final order. (1>a) SEC. 1 . Contempt against 6uasi&"udicial entities.7nless otherwise !ro%ided b" law# this Rule shall a!!l" to conte&!t co&&itted a(ainst !ersons# entities# bodies or a(encies e$ercisin( 9uasi6+udicial functions# or shall ha%e su!!letor" effect to such rules as the" &a" ha%e ado!ted !ursuant to authorit" (ranted to the& b" law to !unish for conte&!t. The Re(ional Trial Court of the !lace wherein the conte&!t has been co&&itted shall ha%e +urisdiction o%er such char(es as &a" be filed therefor. (n) PART !!! CR!3!-AL PROCE.URE1

!reli&inar" in%esti(ation. (b) ?or all other offenses# b" filin( the co&!laint or infor&ation directl" with the 3unici!al Trial Courts and 3unici!al Circuit Trial Courts# or the co&!laint with the office of the !rosecutor. In 3anila and other chartered cities# the co&!laint shall be filed with the office of the !rosecutor unless otherwise !ro%ided in their charters. The institution of the cri&inal action shall interru!t the runnin( of the !eriod of !rescri!tion of the offense char(ed unless otherwise !ro%ided in s!ecial laws# (1a) SEC. . The complaint or information.The co&!laint or infor&ation shall be in writin(# in the na&e of the ;eo!le of the ;hili!!ines and a(ainst all !ersons who a!!ear to be res!onsible for the offense in%ol%ed. ( a) SEC. '. Complaint defined.) co&!laint is a sworn written state&ent char(in( a !erson with an offense# subscribed b" the offended !art"# an" !eace officer# or other !ublic officer char(ed with the enforce&ent of the law %iolated. (') SEC. ,. Information defined.2)n infor&ation is an accusation in writin( char(in( a !erson with an offense# subscribed b" the !rosecutor and filed with the court. (,a) SEC. .. #ho must prosecute criminal actions.)ll cri&inal actions co&&enced b" a co&!laint or infor&ation shall be !rosecuted under the direction and control of the !rosecutor. 8owe%er# in 3unici!al Trial Courts or 3unici!al Circuit Trial Courts when the !rosecutor assi(ned thereto or to the case is not a%ailable# the offended !art"# an" !eace officer# or !ublic officer char(ed with the enforce&ent of the law %iolated &a" !rosecute the case. This authorit" shall cease u!on actual inter%ention of the !rosecutor or u!on ele%ation of the case to the Re(ional Trial Court. The cri&es of adulter" and concubina(e shall not be !rosecuted e$ce!t u!on a co&!laint filed b" the offended s!ouse. The offended !art" cannot institute cri&inal !rosecution without includin( the (uilt" !arties# if both are ali%e# nor# in an" case# if the offended !art" has consented to the offense or !ardoned the offenders. The offenses of seduction# abduction and acts of lasci%iousness shall not be !rosecuted e$ce!t u!on a co&!laint filed b" the offended !art" or her !arents# (rand!arents or (uardian# nor# in an" case# if the offender has been e$!ressl" !ardoned b" an" of the&. If the offended !art" dies or beco&es inca!acitated before she can file the co&!laint# and she has no known !arents# (rand!arents or (uardian# the State shall initiate the cri&inal action in her behalf.

RULE ++:

PROSECUT!O- OF OFFE-SES SECTION 1. Institution of criminal actions. Cri&inal actions shall be instituted as follows0 (a) ?or offenses where a !reli&inar" in%esti(ation is re9uired !ursuant to section 1 of Rule 11 # b" filin( the co&!laint with the !ro!er officer for the !ur!ose of conductin( the re9uisite

The offended !art"# e%en if a &inor# has the ri(ht to initiate the !rosecution of the offenses of seduction# abduction and acts of lasci%iousness inde!endentl" of her !arents# (rand!arents# or (uardian# unless she is inco&!etent or inca!able of doin( so. 2here the offended !art"# who is a &inor# fails to file the co&!laint# her !arents# (rand!arents# or (uardian &a" file the sa&e. The ri(ht to file the action (ranted to !arents# (rand!arents# or (uardian shall be e$clusi%e of all other !ersons and shall be e$ercised successi%el" in the order herein !ro%ided# e$ce!t as stated in the !recedin( !ara(ra!h. No cri&inal action for defa&ation which consists in the i&!utation of an" of the offenses &entioned abo%e shall be brou(ht e$ce!t at the instance of and u!on co&!laint filed b" the offended !art". (.a) The !rosecution for %iolation of s!ecial laws shall be (o%erned b" the !ro%isions thereof# (n) SEC. /. Sufficiency of complaint or information.) co&!laint or infor&ation is sufficient if it states the na&e of the accused1 the desi(nation of the offense (i%en b" the statute1 the acts or o&issions co&!lained of as constitutin( the offense1 the na&e of the offended !art"1 the a!!ro$i&ate date of the co&&ission of the offense1 and the !lace where the offense was co&&itted. 2hen an offense is co&&itted b" &ore than one !erson# all of the& shall be included in the co&!laint or infor&ation. (/a) SEC. :. %ame of the accused.The co&!laint or infor&ation &ust state the na&e and surna&e of the accused or an" a!!ellation or nickna&e b" which he has been or is known. If his na&e cannot be ascertained# he &ust be described under a fictitious na&e with a state&ent that his true na&e is unknown. If the true na&e of the accused is thereafter disclosed b" hi& or a!!ears in so&e other &anner to the court# such true na&e shall be inserted in the co&!laint or infor&ation and record. (:a) SEC. <. +esignation of the offense.The co&!laint or infor&ation shall state the desi(nation of the offense (i%en b" the statute# a%er the acts or o&issions constitutin( the offense# and s!ecif" its 9ualif"in( and a((ra%atin( circu&stances. If there is no desi(nation of the offense# reference shall be &ade to the section or subsection of the statute !unishin( it. (<a) SEC. =. Cause of the accusation.The acts or o&issions co&!lained of as constitutin( the offense and the 9ualif"in( and a((ra%atin( circu&stances &ust be stated in ordinar" and concise lan(ua(e and not necessaril" in the lan(ua(e used in the statute# but in ter&s

sufficient to enable a !erson of co&&on understandin( to know what offense is bein( char(ed as well as its 9ualif"in( and a((ra%atin( circu&stances and for the court to !ronounce +ud(&ent. (=a) SEC. 1>. $lace of commission of the offense.The co&!laint or infor&ation is sufficient if it can be understood fro& its alle(ations that the offense was co&&itted or so&e of its essential in(redients occurred at so&e !lace within the +urisdiction of the court# unless the !articular !lace where it was co&&itted constitutes an essential ele&ent of the offense char(ed or is necessar" for its identification. (1>a) SEC. 11. +ate of commission of the offense.It is not necessar" to state in the co&!laint or infor&ation the !recise date the offense was co&&itted e$ce!t when it is a &aterial in(redient of the offense. The offense &a" be alle(ed to ha%e been co&&itted on a date as near as !ossible to the actual date of its co&&ission. (11a) SEC. 1 . %ame of the offended party.The co&!laint or infor&ation &ust state the na&e and surna&e of the !erson a(ainst who& or a(ainst whose !ro!ert" the offense was co&&itted# or an" a!!ellation or nickna&e b" which such !erson has been or is known. If there is no better wa" of identif"in( hi&# he &ust be described under a fictitious na&e. (a) In offenses a(ainst if the na&e of the offended unknown# the !ro!ert" &ust be with such !articularit" as to identif" the offense char(ed. !ro!ert"# !art" is described !ro!erl"

(b) If the true na&e of the !erson a(ainst who& or a(ainst whose !ro!ert" the offense was co&&itted is thereafter disclosed or ascertained# the court &ust cause such true na&e to be inserted in the co&!laint or infor&ation and the record. (c) If the offended !art" is a +uridical !erson# it is sufficient to state its na&e# or an" na&e or desi(nation b" which it is known or b" which it &a" be identified# without need of a%errin( that it is a +uridical !erson or that it is or(ani-ed in accordance with law. (1 a) SEC. 1'. +uplicity of the offense.) co&!laint or infor&ation &ust char(e onl" one offense# e$ce!t when the law !rescribes a sin(le !unish&ent for %arious offenses. (1'a) SEC. 1,. (mendment or substitution.) co&!laint or infor&ation &a" be a&ended# in for& or in substance# without lea%e of court# at an" ti&e before the accused enters his !lea. )fter the !lea and durin( the trial# a for&al a&end&ent &a" onl" be &ade with lea%e of court and when it can be done without causin(

!re+udice to the ri(hts of the accused. 8owe%er# an" a&end&ent before !lea# which down(rades the nature of the offense char(ed in or e$cludes an" accused fro& the co&!laint or infor&ation# can be &ade onl" u!on &otion b" the !rosecutor# with notice to the offended !art" and with lea%e of court. The court shall state its reasons in resol%in( the &otion and co!ies of its order shall be furnished all !arties# es!eciall" the offended !art"# (n) If it a!!ears at an" ti&e before +ud(&ent that a &istake has been &ade in char(in( the !ro!er offense# the court shall dis&iss the ori(inal co&!laint or infor&ation u!on the filin( of a new one char(in( the !ro!er offense in accordance with section 1=# Rule 11=# !ro%ided the accused shall not be !laced in double +eo!ard". The court &a" re9uire the witnesses to (i%e bail for their a!!earance at the trial. (1,a) SEC. 1.. $lace where action is to be instituted. (a) Sub+ect to e$istin( laws# the cri&inal action shall be instituted and tried in the court of the &unici!alit" or territor" where the offense was co&&itted or where an" of its essential in(redients occurred. (b) 2here an offense is co&&itted in a train# aircraft# or other !ublic or !ri%ate %ehicle in the course of its tri!# the cri&inal action shall be instituted and tried in the court of an" &unici!alit" or territor" where such train# aircraft# or other %ehicle !assed durin( its tri!# includin( the !lace of its de!arture and arri%al. (c) 2here an offense is co&&itted on board a %essel in the course of its %o"a(e# the cri&inal action shall be instituted and tried in the court of the first !ort of entr" or of an" &unici!alit" or territor" where the %essel !assed durin( such %o"a(e# sub+ect to the (enerall" acce!ted !rinci!les of international law. (d) Cri&es co&&itted outside the ;hili!!ines but !unishable under )rticle of the Re%ised ;enal Code shall be co(ni-able b" the court where the cri&inal action is first filed. (1.a) SEC. 1/. Intervention of the offended party in criminal action.2here the ci%il action for reco%er" of ci%il liabilit" is instituted in the cri&inal action !ursuant to Rule 111# the offended !art" &a" inter%ene b" counsel in the !rosecution of the offense. (1/a)

PROSECUT!O- OF C! !L ACT!OSECTION 1. Institution of criminal and civil actions.(a) 2hen a cri&inal action is instituted# the ci%il action for the reco%er" of ci%il liabilit" arisin( fro& the offense char(ed shall be dee&ed instituted with the cri&inal action unless the offended !art" 1. . '. wai%es the ci%il action# reser%es the se!aratel" or ri(ht to institute it

institutes the ci%il action !rior to the cri&inal action.

The reser%ation of the ri(ht to institute se!aratel" the ci%il action shall be &ade before the !rosecution starts !resentin( its e%idence and under circu&stances affordin( the offended !art" a reasonable o!!ortunit" to &ake such reser%ation. 2hen the offended !art" seeks to enforce ci%il liabilit" a(ainst the accused b" wa" of &oral# no&inal# te&!erate# or e$e&!lar" da&a(es without s!ecif"in( the a&ount thereof in the co&!laint or infor&ation# the filin( fees therefor shall constitute a first lien on the +ud(&ent awardin( such da&a(es. 2here the a&ount of da&a(es# other than actual# is s!ecified in the co&!laint or infor&ation# the corres!ondin( filin( fees shall be !aid b" the offended !art" u!on the filin( thereof in court. note0 E$ce!t as otherwise !ro%ided in these Rules# no filin( fees shall be re9uired for actual da&a(es. No counterclai&# cross6clai& or third6!art" co&!laint &a" be filed b" the accused in the cri&inal case# but an" cause of action which could ha%e been the sub+ect thereof &a" be liti(ated in a se!arate ci%il action# (1a) (b) The cri&inal action for %iolation of *atas ;a&bansa *l(. shall be dee&ed to include the corres!ondin( ci%il action. No reser%ation to file such ci%il action se!aratel" shall be allowed. 7!on filin( of the aforesaid +oint cri&inal and ci%il actions# the offended !art" shall !a" in full the filin( fees based on the a&ount of the check in%ol%ed# which shall be considered as the actual da&a(es clai&ed. 2here the co&!laint or infor&ation also seeks to reco%er li9uidated# &oral# no&inal# te&!erate or e$e&!lar" da&a(es# the offended !art" shall !a" additional filin( fees based on the a&ounts alle(ed therein. If the a&ounts are not so alle(ed but an" of these da&a(es are subse9uentl" awarded b" the court# the filin( fees based on the a&ount awarded shall constitute a first lien on the +ud(&ent.

RULE +++

2here the ci%il action has been filed se!aratel" and trial thereof has not "et co&&enced# it &a" be consolidated with the cri&inal action u!on a!!lication with the court tr"in( the latter case. If the a!!lication is (ranted# the trial of both actions shall !roceed in accordance with section of this Rule (o%ernin( consolidation of the ci%il and cri&inal actions. (cir. .:6=:) SEC. . #hen separate civil action is suspended.)fter the cri&inal action has been co&&enced# the se!arate ci%il action arisin( therefro& cannot be instituted until final +ud(&ent has been entered in the cri&inal action. If the cri&inal action is filed after the said ci%il action has alread" been instituted# the latter shall be sus!ended in whate%er sta(e it &a" be found before +ud(&ent on the &erits. The sus!ension shall last until final +ud(&ent is rendered in the cri&inal action. Ne%ertheless# before +ud(&ent on the &erits is rendered in the ci%il action# the sa&e &a"# u!on &otion of the offended !art"# be consolidated with the cri&inal action in the court tr"in( the cri&inal action. In case of consolidation# the e%idence alread" adduced in the ci%il action shall be dee&ed auto&aticall" re!roduced in the cri&inal action without !re+udice to the ri(ht of the !rosecution to cross6e$a&ine the witnesses !resented b" the offended !art" in the cri&inal case and of the !arties to !resent additional e%idence. The consolidated cri&inal and ci%il actions shall be tried and decided +ointl". Durin( the !endenc" of the cri&inal action# the runnin( of the !eriod of !rescri!tion of the ci%il action which cannot be instituted se!aratel" or whose !roceedin( has been sus!ended shall be tolled# (n) The e$tinction of the !enal action does not carr" with it e$tinction of the ci%il action. 8owe%er# the ci%il action based on delict shall be dee&ed e$tin(uished if there is a findin( in a final +ud(&ent in the cri&inal action that the act or o&ission fro& which the ci%il liabilit" &a" arise did not e$ist. ( a) SEC. '. #hen civil action may proceed independently.In the cases !ro%ided in )rticles ' # ''# ', and 1:/ of the Ci%il Code of the ;hili!!ines# the inde!endent ci%il action &a" be brou(ht b" the offended !art". It shall !roceed inde!endentl" of the cri&inal action and shall re9uire onl" a !re!onderance of e%idence. In no case# howe%er# &a" the offended !art" reco%er da&a(es twice for the sa&e act or o&ission char(ed in the cri&inal action. ('a) SEC. ,. *ffect of death on civil actions.2 The death of the accused after arrai(n&ent and durin( the !endenc" of the cri&inal action shall e$tin(uish the ci%il liabilit" arisin( fro& the delict.

8owe%er# the inde!endent ci%il action instituted under section ' of this Rule or which thereafter is instituted to enforce liabilit" arisin( fro& other sources of obli(ation &a" be continued a(ainst the estate or le(al re!resentati%e of the accused after !ro!er substitution or a(ainst said estate# as the case &a" be. The heirs of the accused &a" be substituted for the deceased without re9uirin( the a!!oint&ent of an e$ecutor or ad&inistrator and the court &a" a!!oint a (uardian ad litem for the &inor heirs. The court shall forthwith order said le(al re!resentati%e or re!resentati%es to a!!ear and be substituted within a !eriod of thirt" ('>) da"s fro& notice. ) final +ud(&ent entered in fa%or of the offended !art" shall be enforced in the &anner es!eciall" !ro%ided in these rules for !rosecutin( clai&s a(ainst the estate of the deceased. If the accused dies before arrai(n&ent# the case shall be dis&issed without !re+udice to an" ci%il action the offended !art" &a" file a(ainst the estate of the deceased# (n) SEC. .. udgment in civil action not a bar. ) final +ud(&ent rendered in a ci%il action absol%in( the defendant fro& ci%il liabilit" is not a bar to a cri&inal action a(ainst the defendant for the sa&e act or o&ission sub+ect of the ci%il action. (,a) SEC. /. Suspension by reason of pre"udicial 6uestion.) !etition for sus!ension of the cri&inal action based u!on the !endenc" of a !re+udicial 9uestion in a ci%il action &a" be filed in the office of the !rosecutor or the court conductin( the !reli&inar" in%esti(ation. 2hen the cri&inal action has been filed in court for trial# the !etition to sus!end shall be filed in the sa&e cri&inal action at an" ti&e before the !rosecution rests. (/a) SEC. :. *lements of pre"udicial 6uestion.2 The ele&ents of a !re+udicial 9uestion are0 (a) the !re%iousl" instituted ci%il action in%ol%es an issue si&ilar or inti&atel" related to the issue raised in the subse9uent cri&inal action# and (b) the resolution of such issue deter&ines whether or not the cri&inal action &a" !roceed. (.a)

RULE ++0

PREL!3!-AR/ !- EST!,AT!OSECTION 1. $reliminary investigation defined; when re6uired.;reli&inar" in%esti(ation is an in9uir" or !roceedin( to deter&ine whether there is sufficient (round to

en(ender a well6founded belief that a cri&e has been co&&itted and the res!ondent is !robabl" (uilt" thereof# and should be held for trial. E$ce!t as !ro%ided in section : of this Rule# a !reli&inar" in%esti(ation is re9uired to be conducted before the filin( of a co&!laint or infor&ation for an offense where the !enalt" !rescribed b" law is at least four (,) "ears# two ( ) &onths and one (1) da" without re(ard to the fine# (1a) SEC. . Officers authori5ed to conduct preliminary investigations. The followin( &a" !reli&inar" in%esti(ations0 conduct

e$!ense. If the e%idence is %olu&inous# the co&!lainant &a" be re9uired to s!ecif" those which he intends to !resent a(ainst the res!ondent# and these shall be &ade a%ailable for e$a&ination or co!"in( b" the res!ondent at his e$!ense. Ob+ects as e%idence need not be furnished a !art" but shall be &ade a%ailable for e$a&ination# co!"in(# or !hoto(ra!hin( at the e$!ense of the re9uestin( !art". (c) 2ithin ten (1>) da"s fro& recei!t of the sub!oena with the co&!laint and su!!ortin( affida%its and docu&ents# the res!ondent shall sub&it his counter6affida%it and that of his witnesses and other su!!ortin( docu&ents relied u!on for his defense. The counter6affida%its shall be subscribed and sworn to and certified as !ro%ided in !ara(ra!h (a) of this section# with co!ies thereof furnished b" hi& to the co&!lainant1. The res!ondent shall not be allowed to file a &otion to dis&iss in lieu of a counter6affida%it. (d) If the res!ondent cannot be sub!oenaed# of if sub!oenaed# does not sub&it counter6affida%its within the ten (1>) da" !eriod# the in%esti(atin( officer shall resol%e the co&!laint based on the e%idence !resented b" the co&!lainant. (e) The in%esti(atin( officer &a" set a hearin( if there are facts and issues to be clarified fro& a !art" or a witness. The !arties can be !resent at the hearin( but without the ri(ht to e$a&ine or cross6 e$a&ine. The" &a"# howe%er# sub&it to the in%esti(atin( officer 9uestions which &a" be asked to the !art" or witness concerned. The hearin( shall be held within ten (1>) da"s fro& sub&ission of the counter6affida%its and other docu&ents or fro& the e$!iration of the !eriod for their sub&ission. It shall be ter&inated within fi%e (.) da"s. (f) 2ithin ten (1>) da"s after the in%esti(ation# the in%esti(atin( officer shall deter&ine whether or not there is sufficient (round to hold the res!ondent for trial. ('a) SEC. ,. Resolution of investigating prosecutor and its review.If the in%esti(atin( !rosecutor finds cause to hold the res!ondent for trial# he shall !re!are the resolution and infor&ation. 8e shall certif" under oath in the infor&ation that he# or as shown b" the record# an authori-ed officer# has !ersonall" e$a&ined the co&!lainant and his witnesses1 that there is reasonable (round to belie%e that a cri&e has been co&&itted and that the accused is !robabl" (uilt" thereof1 that the accused was

(a) ;ro%incial or Cit" ;rosecutors and their assistants1 (b) Eud(es of the 3unici!al Trial Courts and 3unici!al Circuit Trial Courts1 (c) National and Re(ional State ;rosecutors1 and (d) Other officers as &a" be authori-ed b" law. Their authorit" to conduct !reli&inar" in%esti(ations shall include all cri&es co(ni-able b" the !ro!er court in their res!ecti%e territorial +urisdictions. ( a) SEC. '. $rocedure.The !reli&inar" in%esti(ation shall be conducted in the followin( &anner0 (a) The co&!laint shall state the address of the res!ondent and shall be acco&!anied b" the affida%its of the co&!lainant and his witnesses# as well as other su!!ortin( docu&ents to establish !robable cause. The" shall be in such nu&ber of co!ies as there are res!ondents# !lus two ( ) co!ies for the official file. The affida%its shall be subscribed and sworn to before an" !rosecutor or (o%ern&ent official authori-ed to ad&inister oath# or# in their absence or una%ailabilit"# before a notar" !ublic# each of who& &ust certif" that he !ersonall" e$a&ined the affiants and that he is satisfied that the" %oluntaril" e$ecuted and understood their affida%its. (b) 2ithin ten (1>) da"s after the filin( of the co&!laint# the in%esti(atin( officer shall either dis&iss it if he finds no (round to continue with the in%esti(ation# or issue a sub!oena to the res!ondent attachin( to it a co!" of the co&!laint and its su!!ortin( affida%its and docu&ents. The res!ondent shall ha%e the ri(ht to e$a&ine the e%idence sub&itted b" the co&!lainant which he &a" not ha%e been furnished and to co!" the& at his

infor&ed of the co&!laint and of the e%idence sub&itted a(ainst hi&1 and that he was (i%en an o!!ortunit" to sub&it contro%ertin( e%idence. Otherwise# he shall reco&&end the dis&issal of the co&!laint. 2ithin fi%e (.) da"s fro& his resolution# he shall forward the record of the case to the !ro%incial or cit" !rosecutor or chief state !rosecutor# or to the O&buds&an or his de!ut" in cases of offenses co(ni-able b" the Sandiganbayan in the e$ercise of its ori(inal +urisdiction. The" shall act on the resolution within ten (1>) da"s fro& their recei!t thereof and shall i&&ediatel" infor& the !arties of such action. No co&!laint or infor&ation &a" be filed or dis&issed b" an in%esti(atin( !rosecutor without the !rior written authorit" or a!!ro%al of the !ro%incial or cit" !rosecutor or chief state !rosecutor or the O&buds&an or his de!ut". 2here the in%esti(atin( !rosecutor reco&&ends the dis&issal of the co&!laint but his reco&&endation is disa!!ro%ed b" the !ro%incial or cit" !rosecutor or chief state !rosecutor or the O&buds&an or his de!ut" on the (round that a !robable cause e$ists# the latter &a"# b" hi&self# file the infor&ation a(ainst the res!ondent# or direct another assistant !rosecutor or state !rosecutor to do so without conductin( another !reli&inar" in%esti(ation. If u!on !etition b" a !ro!er !art" under such rules as the De!art&ent of Eustice &a" !rescribe or motu proprio, the Secretar" of Eustice re%erses or &odifies the resolution of the !ro%incial or cit" !rosecutor or chief state !rosecutor# he shall direct the !rosecutor concerned either to file the corres!ondin( infor&ation without conductin( another !reli&inar" in%esti(ation# or to dis&iss or &o%e for dis&issal of the co&!laint or infor&ation with notice to the !arties. The sa&e rule shall a!!l" in !reli&inar" in%esti(ations conducted b" the officers of the Office of the O&buds&an. (,a) SEC. .. Resolution of investigating "udge and its review.22ithin ten (1>) da"s after the !reli&inar" in%esti(ation# the in%esti(atin( +ud(e shall trans&it the resolution of the case to the !ro%incial or cit" !rosecutor# or to the O&buds&an or his de!ut" in cases of offenses co(ni-able b" the Sandiganbayan in the e$ercise of its ori(inal +urisdiction# for a!!ro!riate action. The resolution shall state the findin(s of facts and the law su!!ortin( his action# to(ether with the record of the case which# shall include0 (a) the warrant# if the arrest is b" %irtue of a warrant1 (b) the affida%its# counter6affida%its and other su!!ortin( e%idence of the !arties1 (c) the undertakin( or bail of the accused and the order for his release1 (d) the transcri!ts of the !roceedin(s durin( the !reli&inar"

in%esti(ation1 and (e) the order of cancellation of his bail bond# if the resolution is for the dis&issal of the co&!laint. 2ithin thirt" ('>) da"s fro& recei!t of the records# the !ro%incial or cit" !rosecutor# or the O&buds&an or his de!ut"# as the case &a" be# shall re%iew the resolution of the in%esti(atin( +ud(e on the e$istence of !robable cause. Their rulin( shall e$!ressl" and clearl" state the facts and the law on which it is based and the !arties shall be furnished with co!ies thereof. The" shall order the release of an accused who is detained if no !robable cause is found a(ainst hi&. (.a) SEC. /. #hen warrant of arrest may issue. (a) 1y the Regional Trial Court .2ithin ten (1>) da"s fro& the filin( of the co&!laint or infor&ation# the +ud(e shall !ersonall" e%aluate the resolution of the !rosecutor and its su!!ortin( e%idence. 8e &a" i&&ediatel" dis&iss the case if the e%idence on record clearl" fails to establish !robable cause. If he finds !robable cause# he shall issue a warrant of arrest# or a co&&it&ent order if the accused has alread" been arrested !ursuant to a warrant issued b" the +ud(e who conducted the !reli&inar" in%esti(ation or when the co&!laint or infor&ation was filed !ursuant to section : of this Rule. In case of doubt on the e$istence of !robable cause# the +ud(e &a" order the !rosecutor to !resent additional e%idence within fi%e (.) da"s fro& notice and the issue &ust be resol%ed b" the court within thirt" ('>) da"s fro& the filin( of the co&!laint or infor&ation. (b) 1y the !unicipal Trial Court.2hen re9uired !ursuant to the second !ara(ra!h of section 1 of this Rule# the !reli&inar" in%esti(ation of cases fallin( under the ori(inal +urisdiction of the 3etro!olitan Trial Court# 3unici!al Trial Court in Cities# 3unici!al Trial Court# or 3unici!al Circuit Trial Court &a" be conducted b" either the +ud(e or the !rosecutor. 2hen conducted b" the !rosecutor# the !rocedure for the issuance of a warrant of arrest b" the +ud(e shall be (o%erned b" !ara(ra!h (a) of this section. 2hen the in%esti(ation is conducted b" the +ud(e hi&self# he shall follow the !rocedure !ro%ided in section ' of this Rule. If his findin(s and reco&&endations are affir&ed b" the !ro%incial or cit" !rosecutor# or b" the O&buds&an or his de!ut"# and the corres!ondin( infor&ation is filed# he shall issue a warrant of arrest. 8owe%er# without waitin( for the conclusion of the in%esti(ation# the +ud(e &a" issue a warrant of arrest if he finds after an e$a&ination in writin( and under oath of the co&!lainant and his witnesses in the for& of searchin( 9uestions and answers# that a !robable cause e$ists and that there is a necessit" of !lacin( the res!ondent under i&&ediate custod" in order not to frustrate the ends of +ustice. (c) #hen warrant of arrest not necessary. ) warrant of arrest shall not issue if the

accused is alread" under detention !ursuant to a warrant issued b" the &unici!al trial court in accordance with !ara(ra!h (b) of this section# or if the co&!laint or infor&ation was filed !ursuant to section : of this Rule or is for an offense !enali-ed b" fine onl". The court shall then !roceed in the e$ercise of its ori(inal +urisdiction. (/a) SEC. :. #hen accused lawfully arrested without warrant.2hen a !erson is lawfull" arrested without a warrant in%ol%in( an offense which re9uires a !reli&inar" in%esti(ation# the co&!laint or infor&ation &a" be filed b" a !rosecutor without need of such in%esti(ation !ro%ided an in9uest has been conducted in accordance with e$istin( rules. In the absence or una%ailabilit" of an in9uest !rosecutor# the co&!laint &a" be filed b" the offended !art" or a !eace officer directl" with the !ro!er court on the basis of the affida%it of the offended !art" or arrestin( officer or !erson. *efore the co&!laint or infor&ation is filed# the !erson arrested &a" ask for a !reli&inar" in%esti(ation in accordance with this Rule# but he &ust si(n a wai%er of the !ro%isions of )rticle 1 . of the Re%ised ;enal Code# as a&ended# in the !resence of his counsel. Notwithstandin( the wai%er# he &a" a!!l" for bail and the in%esti(ation &ust be ter&inated within fifteen (1.) da"s fro& its ince!tion. )fter the filin( of the co&!laint or infor&ation in court without a !reli&inar" in%esti(ation# the accused &a"# within fi%e (.) da"s fro& the ti&e he learns of its filin(# ask for a !reli&inar" in%esti(ation with the sa&e ri(ht to adduce e%idence in his defense as !ro%ided in this Rule. (:a1 sec. # R.). No. :,'<) SEC. <. Records.(a) Records supporting the information or complaint.)n infor&ation or co&!laint filed in court shall be su!!orted b" the affida%its and counter6affida%its of the !arties and their witnesses# to(ether with the other su!!ortin( e%idence and the resolution on the case. (b) Record of preliminary investigation. The record of the !reli&inar" in%esti(ation# whether conducted b" a +ud(e or a !rosecutor# shall not for& !art of the record of the case. 8owe%er# the court# on its own initiati%e or on &otion of an" !art"# &a" order the !roduction of the record or an" of its !art when necessar" in the resolution of the case or an" incident therein# or when it is to be introduced as an e%idence in the case b" the re9uestin( !art". (<a) SEC. =. Cases not re9uirin( a !reli&inar" in%esti(ation nor co%ered b" the Rule on Su&&ar" ;rocedure. (a) If filed with the prosecutor. If the co&!laint is filed directl" with the !rosecutor in%ol%in( an offense !unishable

b" i&!rison&ent of less than four (,) "ears# two ( ) &onths and one (1) da"# the !rocedure outlined in section '(a) of this Rule shall be obser%ed. The !rosecutor shall act on the co&!laint based on the affida%its and other su!!ortin( docu&ents sub&itted b" the co&!lainant within ten (1>) da"s fro& its filin(. (b) If filed with the !unicipal Trial Court. If the co&!laint or infor&ation is filed with the 3unici!al Trial Court or 3unici!al Circuit Trial Court for an offense co%ered b" this section# the !rocedure in section '(a) of this Rule shall be obser%ed. If within ten (1>) da"s after the filin( of the co&!laint or infor&ation# the +ud(e finds no !robable cause after !ersonall" e%aluatin( the e%idence# or after !ersonall" e$a&inin( in writin( and under oath the co&!lainant and his witnesses in the for& of searchin( 9uestions and answers# he shall dis&iss the sa&e. 8e &a"# how e%er# re9uire the sub&ission of additional e%idence# within ten (1>) da"s fro& notice# to deter&ine further the e$istence of !robable cause. If the +ud(e still finds no !robable cause des!ite the additional e%idence# he shall# within ten (1>) da"s fro& its sub&ission or e$!iration of said !eriod# dis&iss the case. 2hen he finds !robable cause# he shall issue a warrant of arrest# or a co&&it&ent order if the accused had alread" been arrested# and hold hi& for trial. 8owe%er# if the +ud(e is satisfied that there is no necessit" for !lacin( the accused under custod"# he &a" issue su&&ons instead of a warrant of arrest. (=a)

RULE ++1

ARREST SECTION 1. +efinition of arrest.2)rrest is the takin( of a !erson into custod" in order that he &a" be bound to answer for the co&&ission of an offense. (1) SEC. . (rrest; how made.)n arrest is &ade b" an actual restraint of a !erson to be arrested# or b" his sub&ission to the custod" of the !erson &akin( the arrest. No %iolence or unnecessar" force shall be used in &akin( an arrest. The !erson arrested shall not be sub+ect to a (reater restraint than is necessar" for his detention. ( a) SEC. '. +uty of arresting officer. It shall be the dut" of the officer e$ecutin( the warrant

to arrest the accused and deli%er hi& to the nearest !olice station or +ail without unnecessar" dela". ('a) SEC. ,. *,ecution of warrant.The head of the office to who& the warrant of arrest was deli%ered for e$ecution shall cause the warrant to be e$ecuted within ten (1>) da"s fro& its recei!t. 2ithin ten (1>) da"s after the e$!iration of the !eriod# the officer to who& it was assi(ned for e$ecution shall &ake a re!ort to the +ud(e who issued the warrant. In case of his failure to e$ecute the warrant# he shall state the reasons therefor. (,a) SEC. .. (rrest without warrant; when lawful.) !eace officer or a !ri%ate !erson &a"# without a warrant# arrest a !erson0 (a) 2hen# in his !resence# the !erson to be arrested has co&&itted# is actuall" co&&ittin(# or is atte&!tin( to co&&it an offense1 (b) 2hen an offense has +ust been co&&itted and he has !robable cause to belie%e based on !ersonal knowled(e of facts or circu&stances that the !erson to be arrested has co&&itted it1 and (c) 2hen the !erson to be arrested is a !risoner who has esca!ed fro& a !enal establish&ent or !lace where he is ser%in( final +ud(&ent or is te&!oraril" confined while his case is !endin(# or has esca!ed while bein( transferred fro& one confine&ent to another. In cases fallin( under !ara(ra!hs (a) and (b) abo%e# the !erson arrested without a warrant shall be forthwith deli%ered to the nearest !olice station or +ail and shall be !roceeded a(ainst in accordance with section : of Rule 11 # (.a) SEC. /. Time of ma)ing arrest.)n arrest &a" be &ade on an" da" and at an" ti&e of the da" or ni(ht. (/) SEC. :. !ethod of arrest by officer by virtue of warrant.2hen &akin( an arrest b" %irtue of a warrant# the officer shall infor& the !erson to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest# e$ce!t when he flees or forcibl" resists before the officer has o!!ortunit" to so infor& hi&# or when the (i%in( of such infor&ation will i&!eril the arrest. The officer need not ha%e the warrant in his !ossession at the ti&e of the arrest but after the arrest# if the !erson arrested so re9uires# the warrant shall be shown to hi& as soon as !racticable. (:a) SEC. <. !ethod of arrest by officer without warrant.2hen &akin( an arrest without a warrant# the officer shall infor& the !erson to be arrested of his authorit" and the cause of the arrest# unless the latter is either en(a(ed in the

co&&ission of an offense# is !ursued i&&ediatel" after its co&&ission# has esca!ed# flees# or forcibl" resists before the officer has o!!ortunit" to so infor& hi&# or when the (i%in( of such infor&ation will i&!eril the arrest. (<a) SEC. =. !ethod of arrest by private person.2hen &akin( an arrest# a !ri%ate !erson shall infor& the !erson to be arrested of the intention to arrest hi& and the cause of the arrest# unless the latter is either en(a(ed in the co&&ission of an offense# is !ursued i&&ediatel" after its co&&ission# or has esca!ed# flees# or forcibl" resists before the !erson &akin( the arrest has o!!ortunit" to so infor& hi&# or when the (i%in( of such infor&ation will i&!eril the arrest. (=a) SEC. 1>. Officer may summon assistance. )n officer &akin( a lawful arrest &a" orall" su&&on as &an" !ersons as he dee&s necessar" to assist hi& in effectin( the arrest. E%er" !erson so su&&oned b" an officer shall assist hi& in effectin( the arrest when he can render such assistance without detri&ent to hi&self. (1>a) SEC. 11. Right of officer to brea) into building or enclosure.)n officer# in order to &ake an arrest either b" %irtue of a warrant# or without a warrant as !ro%ided in section .# &a" break into an" buildin( or enclosure where the !erson to be arrested is or is reasonabl" belie%ed to be# if he is refused ad&ittance thereto# after announcin( his authorit" and !ur!ose# (11a) SEC. 1 . Right to brea) out from building or enclosure.2hene%er an officer has entered the buildin(# or enclosure in accordance with the !recedin( section# he &a" break out therefro& when necessar" to liberate hi&self. (1 a) SEC. 1'. (rrest after escape or rescue. If a !erson lawfull" arrested esca!es or is rescued# an" !erson &a" i&&ediatel" !ursue or retake hi& without a warrant at an" ti&e and in an" !lace within the ;hili!!ines. (1') SEC. 1,. Right of attorney or relative to visit person arrested.)n" &e&ber of the ;hili!!ine *ar shall# at the re9uest of the !erson arrested or of another actin( in his behalf# ha%e the ri(ht to %isit and confer !ri%atel" with such !erson in the +ail or an" other !lace of custod" at an" hour of the da" or ni(ht. Sub+ect to reasonable re(ulations# a relati%e of the !erson arrested can also e$ercise the sa&e ri(ht. (1,a)

RULE ++2

)A!L

SECTION 1. 1ail defined.2*ail is the securit" (i%en for the release of a !erson in custod" of the law# furnished b" hi& or a bonds&an# to (uarantee his a!!earance before an" court as re9uired under the conditions hereinafter s!ecified. *ail &a" be (i%en in the for& of cor!orate suret"# !ro!ert" bond# cash de!osit# or reco(ni-ance# (1a) SEC. . Conditions of the bail; re6uirements.)ll kinds of bail are sub+ect to the followin( conditions0 (a) The undertakin( shall be effecti%e u!on a!!ro%al# and unless cancelled# shall re&ain in for& at all sta(es of the case until !ro&ul(ation of the +ud(&ent of the Re(ional Trial Court# irres!ecti%e of whether the case was ori(inall" filed in or a!!ealed to it1 (b) The accused shall a!!ear before the !ro!er court whene%er re9uired b" the court or these Rules1 (c) The failure of the accused to a!!ear at the trial without +ustification and des!ite due notice shall be dee&ed a wai%er of his ri(ht to be !resent thereat. In such case# the trial &a" !roceed in absentia; and (d) The bonds&an shall surrender the accused to the court for e$ecution of the final e$ecution. The ori(inal !a!ers shall state the full na&e and address of the accused# the a&ount of the undertakin( and the conditions re9uired b" this section. ;hoto(ra!hs (!ass!ort si-e) taken within the last si$ (/) &onths showin( the face# left and ri(ht !rofiles of the accused &ust be attached to the bail. ( a) SEC. '. %o release or transfer e,cept on court order or bail.No !erson under detention b" le(al !rocess shall be released or transferred e$ce!t u!on order of the court or when he is ad&itted to bail. ('a) SEC. ,. 1ail, a matter of right; e,ception. 2)ll !ersons in custod" shall be ad&itted to bail as a &atter of ri(ht# with sufficient sureties# or released on reco(ni-ance as !rescribed b" law or this Rule (a) before or after con%iction b" the 3etro!olitan Trial Court# 3unici!al Trial Court# 3unici!al Trial Court in Cities# or 3unici!al Circuit Trial Court# and (b) before con%iction b" the Re(ional Trial Court of an offense not !unishable b" death# reclusion perpetua, or life i&!rison&ent. (,a) SEC. .. 1ail, when discretionary.7!on con%iction b" the Re(ional Trial Court of an .offense not !unishable b" death# reclusion perpetua, or life i&!rison&ent# ad&ission to bail is discretionar". The a!!lication for bail &a" be filed and acted u!on b" the trial court des!ite the filin( of a notice of a!!eal# !ro%ided it has

not trans&itted the ori(inal record to the a!!ellate court. 8owe%er# if the decision of the trial court con%ictin( the accused chan(ed the nature of the offense fro& non6bailable to bailable# the a!!lication for bail can onl" be filed with and resol%ed b" the a!!ellate court. Should the court (rant the a!!lication# accused &a" be allowed to continue !ro%isional libert" durin( the !endenc" of a!!eal under the sa&e bail sub+ect to consent of the bonds&an. If the !enalt" i&!osed b" the i&!rison&ent e$ceedin( si$ (/) accused shall be denied bail# or his cancelled u!on a showin( b" the with notice to the accused# of the other si&ilar circu&stances0 the on the the

trial court is "ears# the bail shall be !rosecution# followin( or

(a) That he is a recidi%ist# 9uasi6 recidi%ist# or habitual delin9uent# or has co&&itted the cri&e a((ra%ated b" the circu&stance of reiteration1 (b) That he has !re%iousl" esca!ed fro& le(al confine&ent# e%aded sentence# or %iolated the conditions of his bail without %alid +ustification1 (c) That he co&&itted the offense while under !robation# !arole# or conditional !ardon1 (d) That the circu&stances of his case indicate the !robabilit" of fli(ht if released on bail1 or (e) That there is undue risk that he &a" co&&it another cri&e durin( the !endenc" of the a!!eal. The a!!ellate court &a"# motu proprio or on &otion of an" !art"# re%iew the resolution of the Re(ional Trial Court after notice to the ad%erse !art" in either case. (.a) SEC. /. Capital offense, defined.) ca!ital offense is an offense which# under the law e$istin( at the ti&e of its co&&ission and of the a!!lication for ad&ission to bail# &a" be !unished with death. (/a) SEC. :. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable.No !erson char(ed with a ca!ital offense# or an offense !unishable b" reclusion perpetua or life i&!rison&ent# shall be ad&itted to bail when e%idence of (uilt is stron(# re(ardless of the sta(e of the cri&inal !rosecution. (:a) SEC. <. 1urden of proof in bail application. )t the hearin( of an a!!lication for bail filed b" a !erson who is in custod" for the co&&ission of an offense !unishable b" death# reclusion perpetua, or life i&!rison&ent# the !rosecution has the burden of showin( that e%idence of (uilt is stron(. The e%idence

!resented durin( the bail hearin( shall be considered auto&aticall" re!roduced at the trial but# u!on &otion of either !art"# the court &a" recall an" witness for additional e$a&ination unless the latter is dead# outside the ;hili!!ines# or otherwise unable to testif". (<a) SEC. =. (mount of bail; guidelines. The +ud(e who issued the warrant or (ranted the a!!lication shall fi$ a reasonable a&ount of bail considerin( !ri&aril"# but not li&ited to# the followin( factors0 (a) ?inancial abilit" of the accused to (i%e bail1 (b) Nature and circu&stances of the offense1 (c) char(ed1 (d) Character and re!utation of the accused1 (e) accused1 (f) 2ei(ht of the e%idence a(ainst the accused1 (() ;robabilit" a!!earin( at the trial1 of the accused )(e and health of the ;enalt" for the offense

cancellation of the !ro!ert" bond and his re6 arrest and detention. (11a) SEC. 1 . 8ualifications of sureties in property bond.The 9ualifications of sureties in a !ro!ert" bond shall be as follows0 (a) Each &ust be a resident owner of real estate within the ;hili!!ines1 (b) 2here there is onl" one suret"# his real estate &ust be worth at least the a&ount of the undertakin(1 (c) If there are two or &ore sureties# each &a" +ustif" in an a&ount less than that e$!ressed in the undertakin( but the a((re(ate of the +ustified su&s &ust be e9ui%alent to the whole a&ount of the bail de&anded. In all cases# e%er" suret" &ust be worth the a&ount s!ecified in his own undertakin( o%er and abo%e all +ust debts# obli(ations and !ro!erties e$e&!t fro& e$ecution. (1 a) SEC. 1'. ustification of sureties.E%er" suret" shall +ustif" b" affida%it taken before the +ud(e that he !ossesses the 9ualifications !rescribed in the !recedin( section. 8e shall describe the !ro!ert" (i%en as securit"# statin( the nature of his title# its encu&brances# the nu&ber and a&ount of other bails entered into b" hi& and still undischar(ed# and his other liabilities. The court &a" e$a&ine the sureties u!on oath concernin( their sufficienc" in such &anners it &a" dee& !ro!er. No bail shall be a!!ro%ed unless the suret" is 9ualified. (1'a) SEC. 1,. +eposit of cash as bail.The accused or an" !erson actin( in his behalf &a" de!osit in cash with the nearest collector of internal re%enue or !ro%incial# cit"# or &unici!al treasurer the a&ount of bail fi$ed b" the court# or reco&&ended b" the !rosecutor who in%esti(ated or filed the case. 7!on sub&ission of a !ro!er certificate of de!osit and a written undertakin( showin( co&!liance with the re9uire&ents of section of this Rule# the accuse& shall $e &ischar'e& fro# custo&%6 The &one" de!osited shall be considered as bail and a!!lied to the !a"&ent of fine and costs while the e$cess# if an"# shall be returned to the accused or to whoe%er &ade the de!osit. (1,a) SEC. 1.. Recogni5ance.2hene%er allowed b" law or these Rules# the court &a" release a !erson in custod" on his own reco(ni-ance or that of a res!onsible !erson. (1.a) SEC. 1/. 1ail, when not re6uired; reduced bail or recogni5ance.&No bail shall be re9uired when the law or these Rules so !ro%ide. 2hen a !erson has been in custod" for a !eriod e9ual to or &ore than the !ossible &a$i&u& i&!rison&ent !rescribed for the offense char(ed# he shall be released

(h) ?orfeiture of other bail1 (i) The fact that the accused was a fu(iti%e fro& +ustice when arrested1 and (+) ;endenc" of other where the accused is on bail. (9a) cases

EBcessive $ail shall not $e reCuire&6

SEC. 1>. Corporate surety.)n" do&estic or forei(n cor!oration# licensed as a suret" in accordance with law and currentl" authori-ed to act as such# &a" !ro%ide bail b" a bond subscribed +ointl" b" the accused and an officer of the cor!oration dul" authori-ed b" its board of directors. (1>a) SEC. 11. $roperty bond, how posted.) !ro!ert" bond is an undertakin( constituted as lien on the real !ro!ert" (i%en as securit" for the a&ount of the bail. 2ithin ten (1>) da"s after the a!!ro%al of the bond# the accused shall cause the annotation of the lien on the certificate of title on file with the Re(istr" of Deeds if the land is re(istered# or if unre(istered# in the Re(istration *ook on the s!ace !ro%ided therefor# in the Re(istr" of Deeds for the !ro%ince or cit" where the land lies# and on the corres!ondin( ta$ declaration in the office of the !ro%incial# cit" and &unici!al assessor concerned. 2ithin the sa&e !eriod# the accused shall sub&it to the court his co&!liance and his failure to do so shall be sufficient cause for the

i&&ediatel"# without !re+udice to the continuation of the trial or the !roceedin(s on a!!eal. If the &a$i&u& !enalt" to which the accused &a" be sentenced is destierro, he shall be released after thirt" ('>) da"s of !re%enti%e i&!rison&ent. ) !erson in custod" for a !eriod e9ual to or &ore than the &ini&u& of the !rinci!al !enalt" !rescribed for the offense char(ed# without a!!lication of the Indeter&inate Sentence Gaw or an" &odif"in( circu&stance# shall be released on a reduced bail or on his own reco(ni-ance# at the discretion of the court. (1/a) SEC. 1:. 1ail, where filed.(a) *ail in the a&ount fi$ed &a" be filed with the court where the case is !endin(# or in the absence or una%ailabilit" of the +ud(e thereof# with an" re(ional trial +ud(e# &etro!olitan trial +ud(e# &unici!al trial +ud(e# or &unici!al circuit trial +ud(e in the !ro%ince# cit"# or &unici!alit". If the accused is arrested in a !ro%ince# cit"# or &unici!alit" other than where the case is !endin(# bail &a" also be filed with an" re(ional trial court of said !lace# or if no +ud(e thereof is a%ailable# with an" &etro!olitan trial +ud(e# &unici!al trial +ud(e# or &unici!al circuit trial +ud(e therein. (b) 2here the (rant of bail is a &atter of discretion# or the accused seeks to be released on reco(ni-ance# the a!!lication &a" onl" be filed in the court where the case is !endin(# whether on !reli&inar" in%esti(ation# trial# or a!!eal. (c) )n" !erson in custod" who is not "et char(ed in court &a" a!!l" for bail with an" court in the !ro%ince# cit"# or &unici!alit" where he is held. (1:a) SEC. 1<. %otice of application to prosecutor.In the a!!lication for bail under section < of this Rule# the court &ust (i%e reasonable notice of the hearin( to the !rosecutor or re9uire hi& to sub&it his reco&&endation. (1<a) SEC. 1=. Release on bail.The accused &ust be dischar(ed u!on a!!ro%al of the bail b" the +ud(e with who& it was filed in accordance with section 1: of this Rule. 2hen bail is filed with a court other than where the case is !endin(# the +ud(e who acce!ted the bail shall forward it# to(ether with the order of release and other su!!ortin( !a!ers# to the court where the case is !endin(# which &a"# for (ood reason# re9uire a different one to be filed. (1=a) SEC. >. Increase or reduction of bail. )fter the accused is ad&itted to bail# the court &a"# u!on (ood cause# either increase or reduce its a&ount. 2hen increased# the accused &a" be co&&itted to custod" if he does not (i%e bail in the increased a&ount within a reasonable

!eriod. )n accused held to answer a cri&inal char(e# who is released without bail u!on filin( of the co&!laint or infor&ation# &a"# at an" subse9uent sta(e of the !roceedin(s and whene%er a stron( showin( of (uilt a!!ears to the court# be re9uired to (i%e bail in the a&ount fi$ed# or in lieu thereof# co&&itted to custod". ( >a) 3OTION TO RED7CE *)IG SEC. 1. 4orfeiture of bail.2hen the !resence of the accused is re9uired b" the court or these Rules# his bonds&en shall be notified to !roduce hi& before the court on a (i%en date and ti&e. If the accused fails to a!!ear in !erson as re9uired# his bail shall be declared forfeited and the bonds&en (i%en thirt" ('>) da"s within which to !roduce their !rinci!al and to show cause wh" no +ud(&ent should be rendered a(ainst the& for the a&ount of their bail. 2ithin the said !eriod# the bonds&en &ust0 (a) !roduce the bod" of their !rinci!al or (i%e the reason for his non6 !roduction1 and (b) e$!lain wh" the accused did not a!!ear before the court when first re9uired to do so. ?ailin( in these two re9uisites# a +ud(&ent shall be rendered a(ainst the bonds&en# +ointl" and se%erall"# for the a&ount of the bail. The court shall not reduce or otherwise &iti(ate the liabilit" of the bonds&en# unless the accused has been surrendered or is ac9uitted. ( 1a) SEC. . Cancellation of bail.7!on a!!lication of the bonds&en# with due notice to the !rosecutor# the bail &a" be cancelled u!on surrender of the accused or !roof of his death. The bail shall be dee&ed auto&aticall" cancelled u!on ac9uittal of the accused# dis&issal of the case# or e$ecution of the +ud(&ent of con%iction. In all instances# the cancellation shall be without !re+udice to an" liabilit" on the bail. ( a) SEC. '. (rrest of accused out on bail. ?or the !ur!ose of surrenderin( the accused# the bonds&en &a" arrest hi& or# u!on written authorit" endorsed on a certified co!" of the undertakin(# cause hi& to be arrested b" a !olice officer or an" other !erson of suitable a(e and discretion. )n accused released on bail &a" be re6 arrested without the necessit" of a warrant if he atte&!ts to de!art fro& the ;hili!!ines without !er&ission of the court where the case is !endin(. ( 'a) SEC. ,. %o bail after final "udgment; e,ception.No bail shall be allowed after a +ud(&ent of con%iction has beco&e final. If before such finalit"# the accused a!!lies for

!robation# he &a" be allowed te&!orar" libert" under his bail. 2hen no bail was filed or the accused is inca!able of filin( one# the court &a" allow his release on reco(ni-ance to the custod" of a res!onsible &e&ber of the co&&unit". In no case shall bail be allowed after the accused has co&&enced to ser%e sentence. ( ,a) SEC. .. Court supervision of detainees.2 The court shall e$ercise su!er%ision o%er all !ersons in custod" for the !ur!ose of eli&inatin( unnecessar" detention. The e$ecuti%e +ud(es of the Re(ional Trial Courts shall conduct &onthl" !ersonal ins!ections of !ro%incial# cit"# and &unici!al +ails and the !risoners within their res!ecti%e +urisdictions. The" shall ascertain the nu&ber of detainees# in9uire on their !ro!er acco&&odation and health and e$a&ine the condition of the +ail facilities. The" shall order the se(re(ation of se$es and of &inors fro& adults# ensure the obser%ance of the ri(ht of detainees to confer !ri%atel" with counsel# and stri%e to eli&inate conditions ini&ical to the detainees. In cities and &unici!alities to be s!ecified b" the Su!re&e Court# the &unici!al trial +ud(es or &unici!al circuit trial +ud(es shall conduct &onthl" !ersonal ins!ections of the &unici!al +ails in their res!ecti%e &unici!alities and sub&it a re!ort to the e$ecuti%e +ud(e of the Re(ional Trial Court ha%in( +urisdiction therein. ) &onthl" re!ort of such %isitation shall be sub&itted b" the e$ecuti%e +ud(es to the Court )d&inistrator which shall state the total nu&ber of detainees# the na&es of those held for &ore than thirt" ('>) da"s# the duration of detention# the cri&e char(ed# the status of the case# the cause for detention# and other !ertinent infor&ation. ( .a) SEC. /. 1ail not a bar to ob"ections on illegal arrest, lac) of or irregular preliminary investigation.)n a!!lication for or ad&ission to bail shall not bar the accused fro& challen(in( the %alidit" of his arrest or the le(alit" of the warrant issued therefor# or fro& assailin( the re(ularit" or 9uestionin( the absence of a !reli&inar" in%esti(ation of the char(e a(ainst hi&# !ro%ided that he raises the& before enterin( his !lea. The court shall resol%e the &atter as earl" as !racticable but not later than the start of the trial of the case# (n)

(a) To be !resu&ed innocent until the contrar" is !ro%ed be"ond reasonable doubt. (b) To be infor&ed of the nature and cause of the accusation a(ainst hi&. (c) To be !resent and defend in !erson and b" counsel at e%er" sta(e of the !roceedin(s# fro& arrai(n&ent to !ro&ul(ation of the +ud(&ent. The accused &a"# howe%er# wai%e his !resence at the trial !ursuant to the sti!ulations set forth in his tail# unless his !resence is s!ecificall" ordered b" the court for !ur!oses of identification. The absence of the accused without +ustifiable cause at the trial of which he had notice shall be considered a wai%er of his ri(ht to be !resent thereat. 2hen an accused under custod" esca!es# he shall be dee&ed to ha%e wai%ed his ri(ht to be !resent on all subse9uent trial dates until custod" o%er hi& is re(ained. 7!on &otion# the accused &a" be allowed to defend hi&self in !erson when it sufficientl" a!!ears to the court that he can !ro!erl" !rotect his ri(hts without the assistance of counsel. (d) To testif" as a witness in his own behalf but sub+ect to cross6 e$a&ination on &atters co%ered b" direct e$a&ination. 8is silence shall not in an" &anner !re+udice hi&. (e) To co&!elled to hi&self. be be e$e&!t fro& bein( a witness a(ainst

(f) To confront and cross6 e$a&ine the witnesses a(ainst hi& at the trial. Either !art" &a" utili-e as !art of its e%idence the testi&on" of a witness who is deceased# out of or can not with due dili(ence be found in the ;hili!!ines# una%ailable# or otherwise unable to testif"# (i%en in another case or !roceedin(# +udicial or ad&inistrati%e# in%ol%in( the sa&e !arties and sub+ect &atter# the ad%erse !art" ha%in( the o!!ortunit" to cross6e$a&ine hi&. (() To ha%e co&!ulsor" !rocess issued to secure the attendance of witnesses and !roduction of other e%idence in his behalf. (h) To ha%e s!eed"# i&!artial and !ublic trial.

RULE ++5

(i) To a!!eal in all cases allowed and in the &anner !rescribed b" law. (1a)

R!,<TS OF ACCUSE. SECTION 1. Rights of accused at the trial. 2In all cri&inal !rosecutions# the accused shall be entitled to the followin( ri(hts0 RULE ++4

ARRA!,-3E-T A-. PLEA SECTION 1. made. (rraignment and plea; how

cir. '<6=<) SEC. . $lea of guilty to a lesser offense. )t arrai(n&ent# the accused# with the consent of the offended !art" and the !rosecutor# &a" be allowed b" the trial court to !lead (uilt" to a lesser offense which is necessaril" included in the offense char(ed. )fter arrai(n&ent but before trial# the accused &a" still be allowed to !lead (uilt" to said lesser offense after withdrawin( his !lea of not (uilt". No a&end&ent of the co&!laint or infor&ation is necessar". (sec. ,# cir. '<6=<) SEC. '. $lea of guilty to ca!ital offense; reception of evidence.2hen the accused !leads (uilt" to a ca!ital offense# the court shall conduct a searchin( in9uir" into the %oluntariness and full co&!rehension of the conse9uences of his !lea and shall re9uire the !rosecution to !ro%e his (uilt and the !recise de(ree of cul!abilit". The accused &a" !resent e%idence in his behalf. ('a) SEC. ,. $lea of guilty to non&capital offense; reception of evidence, discretionary. 2hen the accused !leads (uilt" to a non6ca!ital offense# the court &a" recei%e e%idence fro& the !arties to deter&ine the !enalt" to be i&!osed. (,) SEC. .. #ithdrawal of improvident plea of guilty.)t an" ti&e before the +ud(&ent of con%iction beco&es final# the court &a" !er&it an i&!ro%ident !lea of (uilt" to be withdrawn and be substituted b" a !lea of not (uilt". (.) SEC. /. +uty of court to inform accused of his right to counsel.*efore arrai(n&ent# the court shall infor& the accused of his ri(ht to counsel and ask hi& if he desires to ha%e one. 7nless the accused is allowed to defend hi&self in !erson or has e&!lo"ed counsel of his choice# the court &ust assi(n a counsel de oficio to defend hi&. (/a) SEC. :. (ppointment of counsel de oficio. The court# considerin( the (ra%it" of the offense and the difficult" of the 9uestions that &a" arise# shall a!!oint as counsel de oficio such &e&bers of the bar in (ood standin( who# b" reason of their e$!erience and abilit"# can co&!etentl" defend the accused. *ut in localities where such &e&bers of the bar are not a%ailable# the court &a" a!!oint an" !erson# resident of the !ro%ince and of (ood re!ute for !robit" and abilit"# to defend the accused. (:a) SEC. <. Time for counsel de oficio to prepare for arraignment.2hene%er a counsel de oficio is a!!ointed b" the court to defend the accused at the arrai(n&ent# he shall be (i%en a reasonable ti&e to consult with the accused as to his !lea before !roceedin( with the arrai(n&ent. (<) SEC. =. 1ill of !articular The accused &a"# before arrai(n&ent# &o%e for a bill of

(a) The accused &ust be arrai(ned before the court where the co&!laint or infor&ation was filed or assi(ned for trial. The arrai(n&ent shall be &ade in o!en court b" the +ud(e or clerk b" furnishin( the accused with a co!" of the co&!laint or infor&ation# readin( the sa&e in the lan(ua(e or dialect known to hi&# and askin( hi& whether he !leads (uilt" or not (uilt". The !rosecution &a" call at the trial witnesses other than those na&ed in the co&!laint or infor&ation. (b) The accused &ust be !resent at the arrai(n&ent and &ust !ersonall" enter his !lea. *oth arrai(n&ent and !lea shall be &ade of record# but failure to do so shall not affect the %alidit" of the !roceedin(s. (c) 2hen the accused refuses to !lead or &akes a conditional !lea# a !lea of not (uilt" shall be entered for hi&. (1a) (d) 2hen the accused !leads (uilt" but !resents e$cul!ator" e%idence# his !lea shall be dee&ed withdrawn and a !lea of not (uilt" shall be entered for hi&. (n) (e) 2hen the accused is under !re%enti%e detention# his case shall be raffled and its records trans&itted to the +ud(e to who& the case was raffled within three (') da"s fro& the filin( of the infor&ation or co&!laint. The accused shall be arrai(ned within ten (1>) da"s fro& the date of the raffle. The !re6trial conference of his case shall be held within ten (1>) da"s after arrai(n&ent# (n) (f) The !ri%ate offended !art" shall be re9uired to a!!ear at the arrai(n&ent for !ur!oses of !lea bar(ainin(# deter&ination of ci%il liabilit"# and other &atters re9uirin( his !resence. In case of failure of the offended !art" to a!!ear des!ite due notice# the court &a" allow the accused to enter a !lea of (uilt" to a lesser offense which is necessaril" included in the offense char(ed with the confor&it" of the trial !rosecutor alone# (cir. 16<=) (() 7nless a shorter !eriod is !ro%ided b" s!ecial law or Su!re&e Court circular# the arrai(n&ent shall be held within thirt" ('>) da"s fro& the date the court ac9uires +urisdiction o%er the !erson of the accused. The ti&e of the !endenc" of a &otion to 9uash or for a bill of !articulars or other causes +ustif"in( sus!ension of the arrai(n&ent shall be e$cluded in co&!utin( the !eriod# (sec. #

!articulars to enable hi& !ro!erl" to !lead and !re!are for trial. The &otion shall s!ecif" the alle(ed defects of the co&!laint or infor&ation and the details desired. (1>a) SEC. 1>. $roduction or inspection of material evidence in possession of prosecution. 7!on &otion of the accused showin( (ood cause and with notice to the !arties# the court# in order to !re%ent sur!rise# su!!ression# or alteration# &a" order the !rosecution to !roduce and !er&it the ins!ection and co!"in( or !hoto(ra!hin( of an" written state&ent (i%en b" the co&!lainant and other witnesses in an" in%esti(ation of the offense conducted b" the !rosecution or other in%esti(atin( officers# as well as an" desi(nated docu&ents# !a!ers# books# accounts# letters# !hoto(ra!hs# ob+ects# or tan(ible thin(s not otherwise !ri%ile(ed# which constitute or contain e%idence &aterial to an" &atter in%ol%ed in the case and which are in !ossession or under the control of the !rosecution# !olice# or other law in%esti(atin( a(encies. (11a) SEC. 11. Suspension of arraignment.F7!on &otion b" the !ro!er !art"# the arrai(n&ent shall be sus!ended in the followin( cases0 (a) The accused a!!ears to be sufferin( fro& an unsound &ental condition which effecti%el" renders hi& unable to full" understand the char(e a(ainst hi& and to !lead intelli(entl" thereto. In such case# the court shall order his &ental e$a&ination and# if necessar"# his confine&ent for such !ur!ose1 (b) 9uestion1 and There e$ists a !re+udicial

the &otion# e$ce!t lack of +urisdiction o%er the offense char(ed ( a) SEC. '. -rounds.FThe accused &a" &o%e to 9uash the co&!laint or infor&ation on an" of followin( (rounds0 (a) That the facts char(ed do not constitute an offense1 (b) That the court tr"in( the case has no +urisdiction o%er the offense char(ed1 (c) That the court tr"in( the case has no +urisdiction o%er the !erson of the accused1 (d) That the officer who filed the infor&ation had no authorit" to do so1 (e) That it does not confor& substantiall" to the !rescribed for&1 (f) That &ore than one offense is char(ed e$ce!t when a sin(le !unish&ent for %arious offenses is !rescribed b" law1 (() That the cri&inal action or liabilit" has been e$tin(uished1 (h) That it contains a%er&ents which# if true# would constitute a le(al e$cuse or +ustification1 and (i) That the accused has been !re%iousl" con%icted or ac9uitted of the offense char(ed# or the case a(ainst hi& was dis&issed or otherwise ter&inated without his e$!ress consent. ('a) SEC. ,. (mendment of complaint or information.If the &otion to 9uash is based on an alle(ed defect of the co&!laint or infor&ation which can be cured b" a&end&ent# the court shall order that an a&end&ent be &ade. (,a)1 If it is based on the (round that the facts char(ed do not constitute an offense# the !rosecution shall be (i%en b" the court an o!!ortunit" to correct the defect b" a&end&ent. The &otion shall be (ranted if the !rosecution fails to &ake the a&end&ent# or the co&!laint or infor&ation still suffers fro& the sa&e defect des!ite the a&end&ent# (n) SEC. .. *ffect of sustaining the motion to 6uash.If the &otion to 9uash is sustained# the court &a" order that another co&!laint or infor&ation be filed e$ce!t as !ro%ided in section / of this Rule. If the order is &ade# the accused# if in custod"# shall not be dischar(ed unless ad&itted to bail. If no order is &ade or if ha%in( been &ade# no new infor&ation is filed within the ti&e s!ecified in the order or within such further ti&e as the court &a" allow for (ood cause# the accused# if in custod"# shall be

(c) ) !etition for re%iew of the resolution of the !rosecutor is !endin( at either the De!art&ent of Eustice# or the Office of the ;resident1 provided# that the !eriod of sus!ension shall not e$ceed si$t" (/>) da"s counted fro& the filin( of the !etition with the re%iewin( office. (1 a)

RULE ++7

3OT!O- TO @UAS< SECTION 1. Time to move to 6uash.F)t an" ti&e before enterin( his !lea# the accused &a" &o%e to 9uash the co&!laint for infor&ation. (1) SEC. . 4orm and contents.FThe &otion to 9uash shall be in writin(# si(ned b" the accused or his counsel and shall distinctl" s!ecif" its factual and le(al (rounds. The court shall consider no (round other than those stated in

dischar(ed unless he is also in custod" for another char(e. (.a) SEC. /. Order sustaining the motion to 6uash not a bar to another prosecution; e,ception.)n order sustainin( the &otion to 9uash is not a bar to another !rosecution for the sa&e offense unless the &otion was based on the (rounds s!ecified in section ' (() and (i) of this Rule. (/a) SEC. :. 4ormer conviction or ac6uittal; double "eopardy.2hen an accused has been con%icted or ac9uitted# or the case a(ainst hi& dis&issed or otherwise ter&inated without his e$!ress consent b" a court of co&!etent +urisdiction# u!on a %alid co&!laint or infor&ation or other for&al char(e sufficient in for& and substance to sustain a con%iction and after the accused had !leaded to the char(e# the con%iction or ac9uittal of the accused or the dis&issal of the case shall be a bar to another !rosecution for the offense char(ed# or for an" atte&!t to co&&it the sa&e or frustration thereof# or for an" offense which necessaril" includes or is necessaril" included in the offense char(ed in the for&er co&!laint or infor&ation. 8owe%er# the con%iction of the accused shall not be a bar to another !rosecution for an offense which necessaril" includes the offense char(ed in the for&er co&!laint or infor&ation under an" of the followin( instances0 (a) the (ra%er offense de%elo!ed due to su!er%enin( facts arisin( fro& the sa&e act or o&ission constitutin( the for&er char(e1 (b) the facts constitutin( the (ra%er char(e beca&e known or were disco%ered onl" after a !lea was entered in the for&er co&!laint or infor&ation1 or (c) the !lea of (uilt" to the lesser offense was &ade without the consent of the !rosecutor and of the offended !art" e$ce!t as !ro%ided in section 1(f) of Rule 11/. In an" of the fore(oin( cases# where the accused satisfies or ser%es in whole or in !art the +ud(&ent# he shall be credited with the sa&e in the e%ent of con%iction for the (ra%er offense. (:a) SEC. <. $rovisional dismissal.) case shall not be !ro%isionall" dis&issed e$ce!t with the e$!ress consent of the accused and with notice to the offended !art". The !ro%isional dis&issal of offenses !unishable b" i&!rison&ent not e$ceedin( si$ (/) "ears or a fine of an" a&ount# or both# shall beco&e !er&anent one (1) "ear after issuance of the order without the case ha%in( been re%i%ed. 2ith res!ect to offenses !unishable b" i&!rison&ent of &ore than si$ (/) "ears# their !ro%isional dis&issal shall beco&e !er&anent

two ( ) "ears after issuance of the order without the case ha%in( been re%i%ed# (n) SEC. =. 4ailure to move to 6uash or to allege any ground therefor.The failure of the accused to assert an" (round of a &otion to 9uash before he !leads to the co&!laint or infor&ation# either because he did not file a &otion to 9uash or failed to alle(e the sa&e in said &otion# shall be dee&ed a wai%er of an" ob+ections e$ce!t those based on the (rounds !ro%ided for in !ara(ra!hs (a)# (b)# (()# and (i) of section ' of this Rule. (<a)

RULE ++8

PRE>TR!AL SECTION 1. $re&trial; mandatory in criminal cases.In all cri&inal cases co(ni-able b" the Sandi(anba"an# Re(ional Trial Court# 3etro!olitan Trial Court# 3unici!al Trial Court in Cities# 3unici!al Trial Court and 3unici!al Circuit Trial Court# the court shall# after arrai(n&ent and within thirt" ('>) da"s fro& the date the court ac9uires +urisdiction o%er the !erson of the accused# unless a shorter !eriod is !ro%ided for in s!ecial laws or circulars of the Su!re&e Court# order a !re6trial conference to consider the followin(0 (a) (b) !lea bar(ainin(1 sti!ulation of facts1

(c) &arkin( for identification of e%idence of the !arties1 (d) wai%er of ob+ections to ad&issibilit" of e%idence1 (e) &odification of the order of trial if the accused ad&its the char(e but inter!oses a lawful defense1 and (f) such &atters as will !ro&ote a fair and e$!editious trial of the cri&inal and ci%il as!ects of the case. (secs. and '# cir. '<6=<) SEC. . $re&trial agreement.)ll a(ree&ents or ad&issions &ade or entered durin( the !re6trial conference shall be reduced in writin( and si(ned b" the accused and counsel# otherwise# the" cannot be used a(ainst the accused. The a(ree&ents co%erin( the &atters referred to in section 1 of this Rule shall be a!!ro%ed b" the court# (sec. ,# cir. '<6=<) SEC. '. %on&appearance at pre&trial conference.If the counsel for the accused or the !rosecutor does not a!!ear at the !re6trial conference and does not offer an acce!table e$cuse for his lack of coo!eration# the court &a"

i&!ose !ro!er sanctions or !enalties# (sec. .# cir. '<6=<) SEC. ,. $re&trial order.)fter the !re6trial conference# the court shall issue an order recitin( the actions taken# the facts sti!ulated# and e%idence &arked. Such order shall bind the !arties# li&it the trial to &atters not dis!osed of# and control the course of the action durin( the trial# unless &odified b" the court to !re%ent &anifest in+ustice. (')

accused1 (') Dela" resultin( fro& e$traordinar" re&edies a(ainst interlocutor" orders1 (,) Dela" resultin( fro& !re6 trial !roceedin(s1 !ro%ided# that the dela" does not e$ceed thirt" ('>) da"s1 (.) Dela" resultin( fro& orders of inhibition# or !roceedin(s relatin( to chan(e of %enue of cases or transfer fro& other courts1 (/) Dela" resultin( fro& a findin( of the e$istence of a !re+udicial 9uestion1 and (:) Dela" reasonabl" attributable to an" !eriod# not to e$ceed thirt" ('>) da"s# durin( which an" !roceedin( concernin( the accused is actuall" under ad%ise&ent. (b) )n" !eriod of dela" resultin( fro& the absence or una%ailabilit" of an essential witness. ?or !ur!oses of this sub!ara(ra!h# an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be deter&ined b" due dili(ence. 8e shall be considered una%ailable whene%er his whereabouts are known but his !resence for trial cannot be obtained b" due dili(ence. (c) )n" !eriod of dela" resultin( fro& the &ental inco&!etence or !h"sical inabilit" of the accused to stand trial. (d) If the infor&ation is dis&issed u!on &otion of the !rosecution and thereafter a char(e is filed a(ainst the accused for the sa&e offense# an" !eriod of dela" fro& the date the char(e was dis&issed to the date the ti&e li&itation would co&&ence to run as to the subse9uent char(e had there been no !re%ious char(e. (e) ) reasonable !eriod of dela" when the accused is +oined for trial with a co6accused o%er who& the court has not ac9uired +urisdiction# or# as to who& the ti&e for trial has not run and no &otion for

RULE ++9

TR!AL SECTION 1. Time to prepare for trial.2 )fter a !lea of not (uilt" is entered# the accused shall ha%e at least fifteen (1.) da"s to !re!are for trial. The trial shall co&&ence within thirt" ('>) da"s fro& recei!t of the !re6trial order# (sec. /# cir. '<6=<) SEC. . Continuous trial until terminated; postponements.Trial once co&&enced shall continue fro& da" to da" as far as !racticable until ter&inated. It &a" be !ost!oned for a reasonable !eriod of ti&e for (ood cause. ( a) The court# shall# after consultation with the !rosecutor and defense counsel# set the case for continuous trial on a weekl" or other short6ter& trial calendar at the earliest !ossible ti&e so as to ensure s!eed" trial. In no case shall the entire trial !eriod e$ceed one hundred ei(ht" (1<>) da"s fro& the first da" of trial# e$ce!t as otherwise authori-ed b" the Su!re&e Court# (sec. <# cir. '<6=<). The ti&e li&itations !ro%ided under this section and the !recedin( section shall not a!!l" where s!ecial laws or circulars of the Su!re&e Court !ro%ide for a shorter !eriod of trial# (n) SEC. '. *,clusions.The followin( !eriods of dela" shall be e$cluded in co&!utin( the ti&e within which trial &ust co&&ence0 (a) )n" !eriod of dela" resultin( fro& other !roceedin(s concernin( the accused# includin( but not li&ited to the followin(0 (1) Dela" resultin( fro& an e$a&ination of the !h"sical and &ental condition of the accused1 ( ) Dela" resultin( fro& !roceedin(s with res!ect to other cri&inal char(es a(ainst the

se!arate trial has been (ranted. (f) )n" !eriod of dela" resultin( fro& a continuance (ranted b" an" court &otu !ro!rio# or on &otion of either the accused or his counsel# or the !rosecution# if the court (ranted the continuance on the basis of its findin(s set forth in the order that the ends of +ustice ser%ed b" takin( such action outwei(h the best interest of the !ublic and the accused in a s!eed" trial. (sec. =# cir. '<6=<) SEC. ,. 4actors for granting continuance. The followin( factors# a&on( others# shall be considered b" a court in deter&inin( whether to (rant a continuance under section '(f) of this Rule. (a) 2hether or not the failure to (rant a continuance in the !roceedin( would likel" &ake a continuation of such !roceedin( i&!ossible or result in a &iscarria(e of +ustice1 and (b) 2hether or not the case taken as a whole is so no%el# unusual and co&!le$# due to the nu&ber of accused or the nature of the !rosecution# or that it is unreasonable to e$!ect ade9uate !re!aration within the !eriods of ti&e established therein. In addition# no continuance under section '(f) of this Rule shall be (ranted because of con(estion of the courtIs calendar or lack of dili(ent !re!aration or failure to obtain a%ailable witnesses on the !art of the !rosecutor# (sec. 1># cir. '<6=<) SEC. .. Time limit following an order for new trial.If the accused is to be tried a(ain !ursuant to an order for a new trial# the trial shall co&&ence within thirt" ('>) da"s fro& notice of the order# !ro%ided that if the !eriod beco&es i&!ractical due to una%ailabilit" of witnesses and other factors# the court &a" e$tend it but not to e$ceed one hundred ei(ht" (1<>) da"s fro& notice of said order for a new trial# (sec. 11# cir. '<6=<) SEC. /. *,tended time limit. Notwithstandin( the !ro%isions of section 1(()# Rule 11/ and the !recedin( section 1# for the first twel%e6calendar6&onth !eriod followin( its effecti%it" on Se!te&ber 1.# 1==<# the ti&e li&it with res!ect to the !eriod fro& arrai(n&ent to trial i&!osed b" said !ro%ision shall be one hundred ei(ht" (1<>) da"s. ?or the second twel%e6&onth !eriod# the ti&e li&it shall be one hundred twent" (1 >) da"s# and for the third twel%e6&onth !eriod# the ti&e li&it shall be ei(ht" (<>) da"s# (sec. :# cir. '<6=<) SEC. :. $ublic attorney@s duties where accused is imprisoned.If the !ublic attorne" assi(ned to defend a !erson char(ed with a cri&e knows that the latter is !re%enti%el"

detained# either because he is char(ed with a bailable cri&e but has no &eans to !ost bail# or# is char(ed with a non6bailable cri&e# or# is ser%in( a ter& of i&!rison&ent in an" !enal institution# it shall be his dut" to do the followin(0 (a) Shall !ro&!tl" undertake to obtain the !resence of the !risoner for trial or cause a notice to be ser%ed on the !erson ha%in( custod" of the !risoner re9uirin( such !erson to so ad%ise the !risoner of his ri(ht to de&and trial. (b) 7!on recei!t of that notice# the custodian of the !risoner shall !ro&!tl" ad%ise the !risoner of the char(e and of his ri(ht to de&and trial. If at an"ti&e thereafter the# !risoner infor&s his custodian that he de&ands such trial# the latter shall cause notice to that effect to be sent !ro&!tl" to the !ublic attorne". (c) 7!on recei!t of such notice# the !ublic attorne" shall !ro&!tl" seek to obtain the !resence of the !risoner for trial. (d) 2hen the custodian of the !risoner recei%es fro& the !ublic attorne" a !ro!erl" su!!orted re9uest for the a%ailabilit" of the !risoner for !ur!oses of trial# the !risoner shall be &ade a%ailable accordin(l"# (sec. 1 # cir. '<6=<) SEC. <. Sanctions.2In an" case in which !ri%ate counsel for the accused# the !ublic attorne"# or the !rosecutor0 (a) Jnowin(l" allows the case to be set for trial without disclosin( that a necessar" witness would be una%ailable for trial1 (b) ?iles a &otion solel" for dela" which he knows is totall" fri%olous and without &erit1 (c) 3akes a state&ent for the !ur!ose of obtainin( continuance which he knows to be false and which is &aterial to the (rantin( of a continuance1 or (d) 2illfull" fails to !roceed to trial without +ustification consistent with the !ro%isions hereof# the court &a" !unish such counsel# attorne"# or !rosecutor# as follows0 (1) *" i&!osin( on a counsel !ri%atel" retained in connection with the defense of an accused# a fine not e$ceedin( twent" thousand !esos (; >#>>>.>>)1 ( ) *" i&!osin(

on an" a!!ointed counsel de oficio, !ublic attorne"# or !rosecutor a fine not e$ceedin( fi%e thousand !esos (;..>>>.>>)1 and (') *" den"in( an" defense counsel or !rosecutor the ri(ht to !ractice before the court tr"in( the case for a !eriod not e$ceedin( thirt" ('>) da"s. The !unish&ent !ro%ided for b" this section shall be without !re+udice to an" a!!ro!riate cri&inal action or other sanction authori-ed under these rules. (sec. 1'# cir. '<6=<) SEC. =. Remedy where accused is not brought to trial within the time limit.If the accused is not brou(ht to trial within the ti&e li&it re9uired b" Section 1(()# Rule 11/ and Section 1# as e$tended b" Section / of this rule# the infor&ation &a" be dis&issed on &otion of the accused on the (round of denial of his ri(ht to s!eed" trial. The accused shall ha%e the burden of !ro%in( the &otion but the !rosecution shall ha%e the burden of (oin( forward with the e%idence to establish the e$clusion of ti&e under section ' of this Rule. The dis&issal shall be sub+ect to the rules on double +eo!ard". ?ailure of the accused to &o%e for dis&issal !rior to trial shall constitute a wai%er of the ri(ht to dis&iss under this section# (sec. 1,# cir. '<6=<) SEC. 1>. 7aw on speedy trial not a bar to provision on speedy trial in the Constitution. No !ro%ision of law on s!eed" trial and no rule i&!le&entin( the sa&e shall be inter!reted as a bar to an" char(e of denial of the ri(ht to s!eed" trial (uaranteed b" section 1,( )# article III# of the 1=<: Constitution# (sec. 1.# cir. '<6 =<) SEC. 11. Order of trial.2The trial shall !roceed in the followin( order0 (a) The !rosecution shall !resent e%idence to !ro%e the char(e and# in the !ro!er case# the ci%il liabilit". (b) The accused &a" !resent e%idence to !ro%e his defense and da&a(es# if an"# arisin( fro& the issuance of a !ro%isional re&ed" in the case. defense (c) The !rosecution and the &a"# in that order# !resent

rebuttal and sur6rebuttal e%idence unless the court# in furtherance of +ustice# !er&its the& to !resent additional e%idence bearin( u!on the &ain issue. (d) 7!on ad&ission of the e%idence of the !arties# the case shall be dee&ed sub&itted for decision unless the court directs the& to ar(ue orall" or to sub&it written &e&oranda. (e) 2hen the accused ad&its the act or o&ission char(ed in the co&!laint or infor&ation but inter!oses a lawful defense# the order of trial &a" be &odified. ('a) SEC. 1 . (pplication for e,amination of witness for accused before trial. 2hen the accused has been held to answer for an offense# he &a"# u!on &otion with notice to the other !arties# ha%e witnesses conditionall" e$a&ined in his behalf. The &otion shall state0 (a) the na&e and residence of the witness1 (b) the substance of his testi&on"1 and (c) that the witness is sick or infir& as to afford reasonable (round for belie%in( that he will not be able to attend the trial# or resides &ore than one hundred (1>>) kilo&eters fro& the !lace of trial and has no &eans to attend the sa&e# or that other si&ilar circu&stances e$ist that would &ake hi& una%ailable or !re%ent hi& fro& attendin( the trial. The &otion shall be su!!orted b" an affida%it of the accused and such other e%idence as the court &a" re9uire. (,a) SEC. 1'. *,amination of defense witness; how made.If the court is satisfied that the e$a&ination of a witness for the accused is necessar"# an order shall be &ade directin( that the witness be e$a&ined at a s!ecific date# ti&e and !lace and that a co!" of the order be ser%ed on the !rosecutor at least three (') da"s before the scheduled e$a&ination. The e$a&ination shall be taken before a +ud(e# or# if not !racticable# a &e&ber of the *ar in (ood standin( so desi(nated b" the +ud(e in the order# or if the order be &ade b" a court of su!erior +urisdiction# before an inferior court to be desi(nated therein. The e$a&ination shall !roceed notwithstandin( the absence of the !rosecutor !ro%ided he was dul" notified of the hearin(. ) written record of the testi&on" shall be taken. (.a) SEC. 1,. 1ail to secure appearance of material witness.2hen the court is satisfied# u!on !roof or oath# that a &aterial witness will not testif" when re9uired# it &a"# u!on &otion of either !art"# order the witness to !ost bail in such su& as &a" be dee&ed !ro!er. 7!on refusal to !ost bail# the court shall co&&it hi& to !rison until he co&!lies# or is le(all" dischar(ed after his testi&on" has been taken. (/a) SEC. 1.. *,amination of witness for the

prosecution.2hen it satisfactoril" a!!ears that a witness for the !rosecution is too sick or infir& to a!!ear at the trial as directed b" the court# or has to lea%e the ;hili!!ines with no definite date of returnin(# he &a" forthwith be conditionall" e$a&ined before the court where the case is !endin(. Such e$a&ination# in the !resence of the accused# or in his absence after reasonable notice to attend the e$a&ination has been ser%ed on hi&# shall be conducted in the sa&e &anner as an e$a&ination of the trial. ?ailure or refusal of the accused to attend the e$a&ination after notice shall be considered a wai%er. The state&ent taken &a" be ad&itted in behalf of or a(ainst the accused. (:a) SEC. 1/. Trial of several accused.2hen two or &ore accused are +ointl" char(ed with an offense# the" shall be tried +ointl" unless the court# in its discretion and u!on &otion of the !rosecutor or an" accused# orders se!arate trial for one or &ore accused. (<a) SEC. 1:. Discharge of accused to be state witness. D2hen two or &ore !ersons are +ointl" char(ed with the co&&ission of an" offense# upon #otion of the prosecution $efore restin' its case" the court &a" direct one or &ore of the accused to be dischar(ed with their consent so that the" &a" be witnesses for the state when# after re9uirin( the !rosecution to !resent e%idence and the sworn state&ent of each !ro!osed state witness at a hearin( in su!!ort of the dischar(e# the court is satisfied that0 (a) There is absolute necessit" for the testi&on" of the accused whose dischar(e is re9uested1 (b) There is no other direct e%idence a%ailable for the !ro!er !rosecution of the offense co&&itted# e$ce!t the testi&on" of said accused1 (c) The testi&on" of said accused can be substantiall" corroborated in its &aterial !oints1 (d) Said accused does not a!!ear to be the &ost (uilt"1 and (e) Said accused has not at an" ti&e been con%icted of an" offense in%ol%in( &oral tur!itude. E%idence adduced in su!!ort of the dischar(e shall auto&aticall" for& !art of the trial. If the court denies the &otion for dischar(e of the accused as state witness# his sworn state&ent shall be inad&issible in e%idence. (=a) SEC. 1<. +ischarge of accused operates as ac6uittal.The order indicated in the !recedin( section shall a&ount to an ac9uittal of the dischar(ed accused and shall be a bar to future !rosecution for the sa&e offense# unless the accused fails or refuses to testif" a(ainst his co6

accused in accordance with his sworn state&ent constitutin( the basis for his dischar(e. (1>a) SEC. 1=. #hen mista)e has been made in charging the proper offense.2hen it beco&es &anifest at an" ti&e before +ud(&ent that a &istake has been &ade in char(in( the !ro!er offense and the accused cannot be con%icted of the offense char(ed or an" other offense necessaril" included therein# the accused shall not be dischar(ed if there a!!ears (ood cause to detain hi&. In such case# the court shall co&&it the accused to answer for the !ro!er offense and dis&iss the ori(inal case u!on the filin( of the !ro!er infor&ation. (11a) SEC. >. (ppointment of acting prosecutor. 2hen a !rosecutor# his assistant or de!ut" is dis9ualified to act due to an" of the (rounds stated in section 1 of Rule 1': or for an" other reason# the +ud(e or the !rosecutor shall co&&unicate with the Secretar" of Eustice in order that the latter &a" a!!oint an actin( !rosecutor. (1 a) SEC. 1. *,clusion of the public.The +ud(e &a"# motu proprio, e$clude the !ublic fro& the courtroo& if the e%idence to be !roduced durin( the trial is offensi%e to decenc" or !ublic &orals. 8e &a" also# on &otion of the accused# e$clude the !ublic fro& the trial e$ce!t court !ersonnel and the counsel of the !arties. (1'a) SEC. . Consolidation of trials of related offenses.2Char(es for offenses founded on the sa&e facts or for&in( !art of a series of offenses of si&ilar character &a" be tried +ointl" at the discretion of the court. (1,a) SEC. '. +emurrer to evidence.2)fter the !rosecution rests its case# the court &a" dis&iss the action on the (round of insufficienc" of e%idence (1) on its own initiati%e after (i%in( the !rosecution the o!!ortunit" to be heard or ( ) u!on de&urrer to e%idence filed b" the accused with or without lea%e of court If the court denies the de&urrer to e%idence filed with lea%e of court# the accused &a" adduce e%idence in his defense. 2hen the de&urrer to e%idence is filed without lea%e of court# the accused wai%es the ri(ht to !resent e%idence and sub&its the case for +ud(&ent on the basis of the e%idence for the !rosecution. (1.a) The &otion for lea%e of court to file de&urrer to e%idence shall s!ecificall" state its (rounds and shall be filed within a non6 e$tendible !eriod of fi%e (.) da"s after the !rosecution rests its case. The !rosecution &a" o!!ose the &otion within a non6e$tendible !eriod of fi%e (.) da"s fro& its recei!t. If lea%e of court is (ranted# the accused shall file the de&urrer to e%idence within a non6 e$tendible !eriod of ten (1>) da"s fro& notice.

The !rosecution &a" o!!ose the de&urrer to e%idence within a si&ilar !eriod fro& its recei!t. The order den"in( the &otion for lea%e of court to file de&urrer to e%idence or the de&urrer itself shall not be re%iewable b" a!!eal or b" certiorari before +ud(&ent# (n) SEC. ,. Reopening.)t an" ti&e before finalit" of the +ud(&ent of con%iction# the +ud(e &a"# motu proprio or u!on &otion# with hearin( in either case# reo!en the !roceedin(s to a%oid a &iscarria(e of +ustice. The !roceedin(s shall be ter&inated within thirt" ('>) da"s fro& the order (rantin( it. (n)

!enalt" for each offense# settin( out se!aratel" the findin(s of fact and law in each offense. ('a) SEC. ,. udgment in case of variance between allegation and proof.2hen there is %ariance between the offense char(e in the co&!laint or infor&ation and that !ro%ed# and the offense as char(ed is included in or necessaril" includes the offense !ro%ed# the accused shall be con%icted of the offense !ro%ed which is included in the offense char(ed# or of the offense char(ed which is included in the offense !ro%ed. (,a) SEC. .. #hen an offense includes or is included in another.2)n offense char(ed necessaril" includes the offense !ro%ed when so&e of the essential ele&ents or in(redients of the for&er# as alle(ed in the co&!laint or infor&ation# constitute the latter. )nd an offense char(ed is necessaril" included in the offense !ro%ed# when the essential in(redients of the for&er constitute or for& !art of those constitutin( the latter. (.a) SEC. /. $romulgation of "udgment.The +ud(&ent is !ro&ul(ated b" readin( it in the !resence of the accused and an" +ud(e of the court in which it was rendered. 8owe%er# if the con%iction is for a li(ht offense# the +ud(&ent &a" be !ronounced in the !resence of his counsel or re!resentati%e. 2hen the +ud(e is absent or outside the !ro%ince or cit"# the +ud(&ent &a" be !ro&ul(ated b" the clerk of court. If the accused is confined or detained in another !ro%ince or cit"# the +ud(&ent &a" be !ro&ul(ated b" the e$ecuti%e +ud(e of the Re(ional Trial Court ha%in( +urisdiction o%er the !lace of confine&ent or detention u!on re9uest of the court which rendered the +ud(&ent. The court !ro&ul(atin( the +ud(&ent shall ha%e authorit" to acce!t the notice of a!!eal and to a!!ro%e the bail bond !endin( a!!eal1 !ro%ided# that if the decision of the trial court con%ictin( the accused chan(ed the nature of the offense fro& non6bailable to bailable# the a!!lication for bail can onl" be filed and resol%ed b" the a!!ellate court. The !ro!er clerk of court shall (i%e notice to the accused !ersonall" or throu(h his bonds&an or warden and counsel# re9uirin( hi& to be !resent at the !ro&ul(ation of the decision. If the accused was tried in absentia because he +u&!ed bail or esca!ed fro& !rison# the notice to hi& shall be ser%ed at his last known address. In case the accused fails to a!!ear at the scheduled date of !ro&ul(ation of +ud(&ent des!ite notice# the !ro&ul(ation shall be &ade b" recordin( the +ud(&ent in the cri&inal docket and ser%in( hi& a co!" thereof at his last known address or thru his counsel. If the +ud(&ent is for con%iction and the

RULE +0:

=U.,3E-T SECTION 1. udgment; definition and form.Eud(&ent is the ad+udication b" the court that the accused is (uilt" or not (uilt" of the offense char(ed and the i&!osition on hi& of the !ro!er !enalt" and ci%il liabilit"# if an". It &ust be written in the official lan(ua(e# !ersonall" and directl" !re!ared b" the +ud(e and si(ned b" hi& and shall contain clearl" and distinctl" a state&ent of the facts and the law u!on which it is based. (1a) SEC. . Contents of the "udgment.If the +ud(&ent is of con%iction# it shall state (1) the le(al 9ualification of the offense constituted b" the acts co&&itted b" the accused and the a((ra%atin( or &iti(atin( circu&stances which attended its co&&ission1 ( ) the !artici!ation of the accused in the offense# whether as !rinci!al# acco&!lice# or accessor" after the fact1 (') the !enalt" i&!osed u!on the accused1 and (,) the ci%il liabilit" or da&a(es caused b" his wron(ful act or o&ission to be reco%ered fro& the accused b" the offended !art"# if there is an"# unless the enforce&ent of the ci%il liabilit" b" a se!arate ci%il action has been reser%ed or wai%ed. In case the +ud(&ent is of ac9uittal# it shall state whether the e%idence of the !rosecution absolutel" failed to !ro%e the (uilt of the accused or &erel" failed to !ro%e his (uilt be"ond reasonable doubt. In either case# the +ud(&ent shall deter&ine if the act or o&ission fro& which the ci%il liabilit" &i(ht arise did not e$ist. ( a) SEC. '. udgment for two or more offenses.2hen two or &ore offenses are char(ed in a sin(le co&!laint or infor&ation but the accused fails to ob+ect to it before trial# the court &a" con%ict hi& of as &an" offenses as are char(ed and !ro%ed# and i&!ose on hi& the

failure of the accused to a!!ear was without +ustifiable cause# he shall lose the re&edies a%ailable in these rules a(ainst the +ud(&ent and the court shall order his arrest. 2ithin fifteen (1.) da"s fro& !ro&ul(ation of +ud(&ent# howe%er# the accused &a" surrender and file a &otion for lea%e of court to a%ail of these re&edies. 8e shall state the reasons for his absence at the scheduled !ro&ul(ation and if he !ro%es that his absence was for a +ustifiable cause# he shall be allowed to a%ail of said re&edies within fifteen (1.) da"s fro& notice. (/a) SEC. :. !odification of "udgment.) +ud(&ent of con%iction &a"# u!on &otion of the accused# be &odified or set aside before it beco&es final or before a!!eal is !erfected. E$ce!t where the death !enalt" is i&!osed# a +ud(&ent beco&es final after the la!se of the !eriod for !erfectin( an a!!eal# or when the sentence has been !artiall" or totall" satisfied or ser%ed# or when the accused has wai%ed in writin( his ri(ht to a!!eal# or has a!!lied for !robation. (:a) SEC. <. *ntry of "udgment.)fter a +ud(&ent has beco&e final# it shall be entered in accordance with Rule '/. (<) SEC. =. *,isting provisions governing suspension of sentence, probation and parole not affected by this Rule.Nothin( in this Rule shall affect an" e$istin( !ro%isions in the laws (o%ernin( sus!ension of sentence# !robation or !arole. (=a)

+ud(&ent. ( a) SEC. '. -round for reconsideration.The court shall (rant reconsideration on the (round of errors of law or fact in the +ud(&ent# which re9uires no further !roceedin(s. ('a) SEC. ,. ?or& of motion and notice K> the prosecutor.The &otion for new trial or reconsideration shall be in writin( and shall state the (rounds on which it is based. If based on a newl"6disco%ered e%idence# the &otion &ust be su!!orted b" affida%its of witnesses b" who& such e%idence is e$!ected to be (i%en or b" dul" authenticated co!ies of docu&ents which are !ro!osed to be introduced in e%idence. Notice of the &otion for new trial or reconsideration shall be (i%en to the !rosecutor. (,a) SEC. .. 3earing on motion.2here a &otion for new trial calls for resolution of an" 9uestion of fact# the court &a" hear e%idence thereon b" affida%its or otherwise. (.a) SEC. /. *ffects of granting a new trial or reconsideration. The effects of (rantin( a new trial or reconsideration are the followin(0 (a) 2hen a new trial is (ranted on the (round of errors of law or irre(ularities co&&itted durin( the trial# all the !roceedin(s and e%idence affected thereb" shall be set aside and taken anew. The court &a"# in the interest of +ustice# allow the introduction of additional e%idence. (b) 2hen a new trial is (ranted on the (round of newl"6disco%ered e%idence# the e%idence alread" adduced shall stand and the newl"6disco%ered and such other e%idence as the court &a"# in the interest of +ustice# allow to be introduced shall be taken and considered to(ether with the e%idence alread" in the record. (c) In all cases# when the court (rants new trial or reconsideration# the ori(inal +ud(&ent shall be set aside or %acated and a new +ud(&ent rendered accordin(l". (/a)

RULE +0+

-E; TR!AL OR RECO-S!.ERAT!OSECTION 1. %ew trial or reconsideration. )t an" ti&e before a +ud(&ent of con%iction beco&es final# the court &a"# on &otion of the accused or at its own instance but with the consent of the accused# (rant a new trial or reconsideration. (1a) SEC. . -rounds for a new trial.The court shall (rant a new trial on an" of the followin( (rounds0 (a) That errors of law or irre(ularities !re+udicial to the substantial ri(hts of the accused ha%e been co&&itted durin( the trial1 (b) That new and &aterial e%idence has been disco%ered which the accused could not with reasonable dili(ence ha%e disco%ered and !roduced at the trial and which if introduced and ad&itted would !robabl" chan(e the

RULE +00

APPEAL SECTION 1. #ho may appeal.)n" !art" &a" a!!eal fro& a +ud(&ent or final order# unless the accused will be !laced in double +eo!ard". ( a) SEC. . #here to appeal.The a!!eal &a"

be taken as follows0 (a) To the Re(ional Trial Court# in cases decided b" the 3etro!olitan Trial Court# 3unici!al Trial Court in Cities# 3unici!al Trial Court# or 3unici!al Circuit Trial Court1 (b) To the Court of )!!eals or to the Su!re&e Court in the !ro!er cases !ro%ided b" law# in cases decided b" the Re(ional Trial Court1 and (c) To the Su!re&e Court# in cases decided b" the Court of )!!eals# (1a) SEC. '. 3ow appeal ta)en.

&a" wai%e his ri(ht to a notice that an a!!eal has been taken. The a!!ellate court &a"# in its discretion# entertain an a!!eal notwithstandin( failure to (i%e such notice if the interests of +ustice so re9uire. (.a) SEC. /. #hen appeal, to be ta)en. )n a!!eal &ust be taken within fifteen (1.) da"s fro& !ro&ul(ation of the +ud(&ent or fro& notice of the final order a!!ealed fro&. This !eriod for !erfectin( an a!!eal shall be sus!ended fro& the ti&e a &otion for new trial or reconsideration is filed until notice of the order o%errulin( the &otion has been ser%ed u!on the accused or his counsel at which ti&e the balance of the !eriod be(ins to run. (/a) SEC. :. Transcribing and filing notes of stenographic reporter upon appeal.2hen notice of a!!eal is filed b" the accused# the trial court shall direct the steno(ra!hic re!orter to transcribe his notes of the !roceedin(s. 2hen filed b" the ;eo!le of the ;hili!!ines# the trial court shall direct the steno(ra!hic re!orter to transcribe such !ortion of his notes of the !roceedin(s as the court# u!on &otion# shall s!ecif" in writin(. The steno(ra!hic re!orter shall certif" to the correctness of the notes and the transcri!t thereof# which shall consist of the ori(inal and four co!ies# and shall file said ori(inal and four co!ies with the clerk without unnecessar" dela". If death !enalt" is i&!osed# the steno(ra!hic re!orter shall# within thirt" ('>) da"s fro& !ro&ul(ation of the sentence# file with the clerk the ori(inal and four co!ies of the dul" certified transcri!t of his notes of the !roceedin(s. No e$tension of ti&e for filin( of said transcri!t of steno(ra!hic notes shall be (ranted e$ce!t b" the Su!re&e Court and onl" u!on +ustifiable (rounds. (:a) SEC. <. Transmission of papers to appellate court upon appeal.2ithin fi%e (.) da"s fro& the filin( of the notice of a!!eal# the clerk of the court with who& the notice of a!!eal was filed &ust trans&it to the clerk of court of the a!!ellate court the co&!lete record of the case# to(ether with said notice. The ori(inal and three co!ies of the transcri!t of steno(ra!hic notes# to(ether with the records# shall also be trans&itted to the clerk of the a!!ellate court without undue dela". The other co!" of the transcri!t shall re&ain in the lower court. (<a) SEC. =. Courts.2 (ppeal to the Regional Trial

(a) The a!!eal to the Re(ional Trial Court# or to the Court of )!!eals in cases decided b" the Re(ional Trial Court in the e$ercise of its ori(inal +urisdiction# shall be taken b" filin( a notice of a!!eal with the court which rendered the +ud(&ent or final order a!!ealed fro& and b" ser%in( a co!" thereof u!on the ad%erse !art". (b) The a!!eal to the Court of )!!eals in cases decided b" the Re(ional Trial Court in the e$ercise of its a!!ellate +urisdiction shall be b" !etition for re%iew under Rule , . (c) The a!!eal to the Su!re&e Court in cases where the !enalt" i&!osed b" the Re(ional Trial Court is death# reclusion perpetua, or life i&!rison&ent# or where a lesser !enalt" is i&!osed but for offenses co&&itted on the sa&e occasion or which arose out of the sa&e occurrence that (a%e rise to the &ore serious offense for which the !enalt" of death# reclusion perpetua, or life i&!rison&ent is i&!osed# shall be b" filin( a notice of a!!eal in accordance with !ara(ra!h (a) of this section. (d) No notice of a!!eal is necessar" in cases where the death !enalt" is i&!osed b" the Re(ional Trial Court. The sa&e shall be auto&aticall" re%iewed b" the Su!re&e Court as !ro%ided in section 1> of this Rule. (e) E$ce!t as !ro%ided in the last !ara(ra!h of section 1'# Rule 1 ,# all other a!!eals to the Su!re&e Court shall be b" !etition for re%iew on certiorari under Rule ,.. ('a) SEC. ,. $ublication of notice of appeal. If !ersonal ser%ice of the co!" of the notice of a!!eal can not be &ade u!on the ad%erse !art" or his counsel# ser%ice &a" be done b" re(istered &ail or b" substituted ser%ice !ursuant to sections : and < of Rule 1'.(,a) SEC. .. #aiver of notice.The a!!ellee

(a) 2ithin fi%e (.) da"s fro& !erfection of the a!!eal# the clerk of court shall trans&it the ori(inal record to the a!!ro!riate Re(ional Trial Court. (b) 7!on recei!t of the co&!lete record of the case# transcri!ts and e$hibits# the clerk of court

of the Re(ional Trial Court shall notif" the !arties of such fact. (c) 2ithin fifteen (1.) da"s fro& recei!t of said notice# the !arties &a" sub&it &e&oranda or briefs# or &a" be re9uired b" the Re(ional Trial Court to do so. )fter the sub&ission of such &e&oranda or briefs# or u!on the e$!iration of the !eriod to file the sa&e# the Re(ional Trial Court shall decide the case on the basis of the entire record of the case and of such &e&oranda or briefs as &a" ha%e been filed. (=a) SEC. 1>. Transmission of records in case of death penalty. In all cases where the death !enalt" is i&!osed b" the trial court# the records shall be forwarded to the Su!re&e Court for auto&atic re%iew and +ud(&ent within fi%e (.) da"s after the fifteenth (1.) da" followin( the !ro&ul(ation of the +ud(&ent or notice of denial of a &otion for new trial or reconsideration. The transcri!t shall also be forwarded within ten (1>) da"s after the filin( thereof b" the steno(ra!hic re!orter. (1>a) SEC. 11. Effect of a!!eal b" an" of se%eral accused. (a) )n a!!eal taken b" one or &ore of se%eral accused shall not affect those who did not a!!eal# e$ce!t insofar as the +ud(&ent of the a!!ellate court is fa%orable and a!!licable to the latter. (b) The a!!eal of the offended !art" fro& the ci%il as!ect shall not affect the cri&inal as!ect of the +ud(&ent or order a!!ealed fro&. (c) 7!on !erfection of the a!!eal# the e$ecution of the +ud(&ent or final order a!!ealed fro& shall be sta"ed as to the a!!ealin( !art"# (11a) SEC. 1 . #ithdrawal of appeal. Notwithstandin( !erfection of the a!!eal# the Re(ional Trial ICourt# 3etro!olitan Trial Court# 3unici!al Trial Court in Cities# 3unici!al Trial Court# or 3unici!al Circuit Trial Court# as the case &a" be# &a" allow the a!!ellant to withdraw his a!!eal before the record has been forwarded b" the clerk of court to the !ro!er a!!ellate court as !ro%ided in section <# in which case the +ud(&ent shall beco&e final. The Re(ional Trial Court &a" also# in its discretion# allow the a!!ellant fro& the +ud(&ent of a 3etro!olitan Trial Court# 3unici!al Trial Court in Cities# 3unici!al Trial Court# or 3unici!al Circuit Trial Court to withdraw his a!!eal# !ro%ided a &otion to that effect is filed before rendition of the +ud(&ent in the case on a!!eal# in which case the +ud(&ent of the court of ori(in shall beco&e final and the case shall be re&anded to the latter court for e$ecution of the +ud(&ent. (1 a)

SEC. 1'. (ppointment of counsel de oficio for accused on appeal.It shall be the dut" of the clerk of the trial court# u!on filin( of a notice of a!!eal# to ascertain fro& the a!!ellant# if confined in !rison# whether he desires the Re(ional Trial Court# Court of )!!eals or the Su!re&e Court to a!!oint a counsel de oficio to defend hi& and to trans&it with the record on a for& to be !re!ared b" the clerk of court of the a!!ellate court# a certificate of co&!liance with this dut" and of the res!onse of the a!!ellant to his in9uir". (1'a)

RULE +01

PROCE.URE !- T<E 3U-!C!PAL TR!AL COURTS SECTION 1. 'niform $rocedure.2The !rocedure to be obser%ed in the 3etro!olitan Trial Courts# 3unici!al Trial Courts and 3unici!al Circuit Trial Courts shall be the sa&e as in the Re(ional Trial Courts# e$ce!t where a !articular !ro%ision a!!lies onl" to either of said courts and in cri&inal cases (o%erned b" the Re%ised Rule on Su&&ar" ;rocedure# (1a)

RULE +02

PROCE.URE !- T<E COURT OF APPEALS SECTION 1. Title of the case.In all cri&inal cases a!!ealed to the Court of )!!eals# the !art" a!!ealin( the case shall be called the La!!ellantL and the ad%erse !art" the La!!ellee#L but the title of the case shall re&ain as it was in the court of ori(in# (1a) SEC. . (ppointment of counsel de oficio for the accused.If it a!!ears fro& the record of the case as trans&itted that (a) the accused is confined in !rison# (b) is without counsel de parte on a!!eal# or (c) has si(ned the notice of a!!eal hi&self# the clerk of court of the Court of )!!eals shall desi(nate a counsel de oficio. )n a!!ellant who is not confined in !rison &a"# u!on re9uest# be assi(ned a counsel de oficio within ten (1>) da"s fro& recei!t of the notice to file brief and he establishes his ri(ht thereto. ( a) SEC. '. #hen brief for appellant to be filed.22ithin thirt" ('>) da"s fro& recei!t b" the a!!ellant or his counsel of the notice fro& the clerk of court of the Court of )!!eals that the e%idence# oral and docu&entar"# is alread"

attached to the record# the a!!ellant shall file se%en (:) co!ies of his brief with the clerk of court which shall be acco&!anied b" !roof of ser%ice of two ( ) co!ies thereof u!on the a!!ellee. ('a) SEC. ,. #hen brief for appellee to be filed; reply brief of the appellant.2ithin thirt" ('>) da"s fro& recei!t of the brief of the a!!ellant# the a!!ellee shall file se%en (:) co!ies of the brief of the a!!ellee with the clerk of court which shall be acco&!anied b" !roof of ser%ice of two ( ) co!ies thereof u!on the a!!ellant. 2ithin twent" ( >) da"s fro& recei!t of the *rief of the a!!ellee# the a!!ellant &a" file a re!l" brief tra%ersin( &atters raised in the for&er but not co%ered in the brief of the a!!ellant. (,a) SEC. .. *,tension of time for filing briefs. E$tension of ti&e for the filin( of briefs will not be allowed e$ce!t for (ood and sufficient cause and onl" if the &otion for e$tension is filed before the e$!iration of the ti&e sou(ht to be e$tended. (.a) SEC. /. 4orm of briefs.*riefs shall either be !rinted# encoded or t"!ewritten in double s!ace on le(al si-e# (ood 9ualit" un(la-ed !a!er# ''> &&. in len(th b" 1/ &&. in width. (/a) SEC. :. Contents of brief.The briefs in cri&inal cases shall ha%e the sa&e contents as !ro%ided in sections 1' and 1, of Rule ,,. ) certified true co!" of the decision or final order a!!ealed fro& shall be a!!ended to the brief of the a!!ellant. (:a) SEC. <. +ismissal of appeal for abandonment or failure to prosecute. The Court of )!!eals &a"# u!on &otion of the a!!ellee or motu proprio and with notice to the a!!ellant in either case# dis&iss the a!!eal if the a!!ellant fails to file his brief within the ti&e !rescribed b" this Rule# e$ce!t where the a!!ellant is re!resented b" a counsel de oficio. The Court of )!!eals &a" also# u!on &otion of the a!!ellee or motu proprio, dis&iss the a!!eal if the a!!ellant esca!es fro& !rison or confine&ent# +u&!s bail or flees to a forei(n countr" durin( the !endenc" of the a!!eal. (<a) SEC. =. $rompt disposition of appeals. )!!eals of accused who are under detention shall be (i%en !recedence in their dis!osition o%er other a!!eals. The Court of )!!eals shall hear and decide the a!!eal at the earliest !racticable ti&e with due re(ard to the ri(hts of the !arties. The accused need not be !resent in court durin( the hearin( of the a!!eal. (=a) SEC. modified +ud(&ent the Court 1>. udgment not to be reversed or e,cept for substantial error. No shall be re%ersed or &odified unless of )!!eals# after an e$a&ination of

the record and of the e%idence adduced b" the !arties# is of the o!inion that error was co&&itted which in+uriousl" affected the substantial ri(hts of the a!!ellant. (1>a) SEC. 11. Sco!e of "udgment.The Court of )!!eals &a" re%erse# affir&# or &odif" the +ud(&ent and increase or reduce the !enalt" i&!osed b" the trial court# re&and the case to the Re(ional Trial Court for new trial or retrial# or dis&iss the case. (11a) SEC. 1 . $ower to receive evidence. The Court of )!!eals shall ha%e the !ower to tr" cases and conduct hearin(s# recei%e e%idence and !erfor& an" and all acts necessar" to resol%e factual issues raised in cases (a) fallin( within its ori(inal +urisdiction# (b) in%ol%in( clai&s for da&a(es arisin( fro& !ro%isional re&edies# or (c) where the court (rants a new trial based onl" on the (round of newl"6 disco%ered e%idence. (1 a) SEC. 1'. 8uorum of the court; certification or appeal of cases to Supreme Court. Three (') Eustices of the Court of )!!eals shall constitute a 9uoru& for the sessions of a di%ision. The unani&ous %ote of the three (') Eustices of a di%ision shall be necessar" for the !ronounce&ent of a +ud(&ent or final resolution# which shall be reached in consultation before the writin( of the o!inion b" a &e&ber of the di%ision. In the e%ent that the three (') Eustices can not reach a unani&ous %ote# the ;residin( Eustice shall direct the raffle co&&ittee of the Court to desi(nate two ( ) additional Eustices to sit te&!oraril" with the&# for&in( a s!ecial di%ision of fi%e (.) &e&bers and the concurrence of a &a+orit" of such di%ision shall be necessar" for the !ronounce&ent of a +ud(&ent or final resolution. The desi(nation of such additional Eustices shall be &ade strictl" b" raffle and rotation a&on( all other Eustices of the Court of )!!eals. 2hene%er the Court of )!!eals finds that the !enalt" of death# reclusion perpetua, or life i&!rison&ent should be i&!osed in a case# the court# after discussion of the e%idence and the law in%ol%ed# shall render +ud(&ent i&!osin( the !enalt" of death# reclusion perpetua, or life i&!rison&ent as the circu&stances warrant. 8owe%er# it shall refrain fro& enterin( the +ud(&ent and forthwith certif" the case and ele%ate the entire record thereof to the Su!re&e Court for re%iew. (1'a) SEC. 1,. !otion for new trial.)t an" ti&e after the a!!eal fro& the lower court has been !erfected and before the +ud(&ent of the Court of )!!eals con%ictin( the a!!ellant beco&es final# the latter &a" &o%e for a new trial on the (round of newl"6disco%ered e%idence &aterial to his defense. The &otion shall confor& with the !ro%isions of section ,# Rule 1 1. (1,a) SEC. 1.. #here new trial conducted.

2hen a new trial is (ranted# the Court of )!!eals &a" conduct the hearin( and recei%e e%idence as !ro%ided in section 1 of this Rule or refer the trial to the court of ori(in. (1.a) SEC. 1/. Reconsideration.) &otion for reconsideration shall be filed within fifteen (1.) da"s fro& notice of the decision or final order of the Court of )!!eals# with co!ies thereof ser%ed u!on the ad%erse !art"# settin( forth the (rounds in su!!ort thereof. The &itti&us shall be sta"ed durin( the !endenc" of the &otion for reconsideration. No !art" shall be allowed a second &otion for reconsideration of a +ud(&ent or final order. (1/a) SEC. 1:. udgment transmitted and filed in trial court.2hen the entr" of +ud(&ent of the Court of )!!eals is issued# a certified true co!" of the +ud(&ent shall be attached to the ori(inal record which shall be re&anded to the clerk of the court fro& which the a!!eal was taken. (1:a) SEC. 1<. (pplication of certain rules in civil procedure to criminal cases.The !ro%isions of Rules , # ,, to ,/ and ,< to ./ relatin( to !rocedure in the Court of )!!eals and in the Su!re&e Court in ori(inal and a!!ealed ci%il cases shall be a!!lied to cri&inal cases insofar as the" are a!!licable and not inconsistent with the !ro%isions of this Rule. (1<a)

RULE +04

SEARC< A-. SE!EURE SECTION 1. Search warrant defined.) search warrant is an order in writin( issued in the na&e of the ;eo!le of the ;hili!!ines# si(ned b" a +ud(e and directed to a !eace officer# co&&andin( hi& to search for !ersonal !ro!ert" described therein and brin( it before the court. (1) SEC. . Court where application for search warrant shall be filed.)n a!!lication for search warrant shall be filed with the followin(0 (a) )n" court within whose territorial +urisdiction a cri&e was co&&itted. (b) ?or co&!ellin( reasons stated in the a!!lication# an" court within the +udicial re(ion where the cri&e was co&&itted if the !lace of the co&&ission of the cri&e is known# or an" court within the +udicial re(ion where the warrant shall be enforced. 8owe%er# if the cri&inal action has alread" been filed# the a!!lication shall onl" be &ade in the court where the cri&inal action is !endin(# (n) SEC. '. $ersonal property to be sei5ed. ) search warrant &a" be issued for the search and sei-ure of !ersonal !ro!ert"0 (a) Sub+ect of the offense1

RULE +05

PROCE.URE !- T<E SUPRE3E COURT SECTION 1. 'niform procedure.7nless otherwise !ro%ided b" the Constitution or b" law# the !rocedure in the Su!re&e Court in ori(inal and in a!!ealed cases shall be the sa&e as in the Court of )!!eals# (1a) SEC. . Review of decisions of the Court of (ppeals.The !rocedure for the re%iew b" the Su!re&e Court of decisions in cri&inal cases rendered b" the Court of )!!eals shall be the sa&e as in ci%il cases. ( a) SEC. '. +ecision if opinion is e6ually divided.2hen the Su!re&e Court en banc is e9uall" di%ided in o!inion or the necessar" &a+orit" cannot be had on whether to ac9uit the a!!ellant# the case shall a(ain be deliberated u!on and if no decision is reached after re6 deliberation# the +ud(&ent of con%iction of the lower court shall be re%ersed and the accused ac9uitted. ('a)

(b) Stolen or e&be--led and other !roceeds# or fruits of the offense1 or (c) 7sed or intended to be used as the &eans of co&&ittin( an offense. ( a) SEC. ,. Re6uisites for issuing search warrant.) search warrant shall not issue e$ce!t u!on !robable cause in connection with one s!ecific offense to be deter&ined !ersonall" b" the +ud(e after e$a&ination under oath or affir&ation of the co&!lainant and the witnesses he &a" !roduce# and !articularl" describin( the !lace to be searched and the thin(s to be sei-ed which &a" be an"where in the ;hili!!ines. ('a) SEC. .. *,amination of complainant; record.The +ud(e &ust# before issuin( the warrant# !ersonall" e$a&ine in the for& of searchin( 9uestions and answers# in writin( and under oath# the co&!lainant and the witnesses he &a" !roduce on facts !ersonall" known to the& and attach to the record their sworn state&ents# to(ether with the affida%its sub&itted. (,a) SEC. /. Issuance and form of search

warrant.If the +ud(e is satisfied of the e$istence of facts u!on which the a!!lication is based or that there is !robable cause to belie%e that the" e$ist# he shall issue the warrant# which &ust be substantiall" in the for& !rescribed b" these Rules. M(.a) SEC. :. Right to brea) door or window to effect search.The officer# if refused ad&ittance to the !lace of directed search after (i%in( notice of his !ur!ose and authorit"# &a" break o!en an" outer or inner door or window of a house or an" !art of a house or an"thin( therein to e$ecute the warrant or liberate hi&self or an" !erson lawfull" aidin( hi& when unlawfull" detained therein. (/) SEC. <. Search of house, room, or premises to be made in presence of two witnesses.No search of a house# roo&# or an" other !re&ises shall be &ade e$ce!t in the !resence of the lawful occu!ant thereof or an" &e&ber of his fa&il" or in the absence of the latter# two witnesses of sufficient a(e and discretion residin( in the sa&e localit". (:a) SEC. =. Time of ma)ing search.The warrant &ust direct that it be ser%ed in the da" ti&e# unless the affida%it asserts that the !ro!ert" is on the !erson or in the !lace ordered to be searched# in which case a direction &a" be inserted that it be ser%ed at an" ti&e of the da" or ni(ht. (<) SEC. 1>. .alidity of search warrant.) search warrant shall be %alid for ten (1>) da"s fro& its date. Thereafter# it shall be %oid. (=a) SEC. 11. Receipt for the property sei5ed. The officer sei-in( !ro!ert" under the warrant &ust (i%e a detailed recei!t for the sa&e to the lawful occu!ant of the !re&ises in whose !resence the search and sei-ure were &ade# or in the absence of such occu!ant# &ust# in the !resence of at least two witnesses of sufficient a(e and discretion residin( in the sa&e localit"# lea%e a recei!t in the !lace in which he found the sei-ed !ro!ert". (1>a) SEC. 1 . +elivery of property and inventory thereof to court; return and proceedings thereon.(a) The officer &ust forthwith deli%er the !ro!ert" sei-ed to the +ud(e who issued the warrant# to(ether with a true in%entor" thereof dul" %erified under oath. (b) Ten (1>) da"s after issuance .of the search warrant# the issuin( +ud(e shall ascertain if the return has been &ade# and if none# shall su&&on the !erson to who& the warrant was issued and re9uire hi& to e$!lain wh" no return was &ade. If the return has been &ade# the +ud(e shall ascertain whether section 11 of this Rule has been co&!lied with and shall re9uire that the !ro!ert" sei-ed be deli%ered to hi&. The +ud(e shall see to it that subsection (a)

hereof has been co&!lied with. (c) The return on the search warrant shall be filed and ke!t b" the custodian of the lo( book on search warrants who shall enter therein the date of the return# the result# and other actions of the +ud(e. ) %iolation of this section shall constitute conte&!t of court. (11a) SEC. 1'. Search incident to lawful arrest. ) !erson lawfull" arrested &a" be searched for dan(erous wea!ons or an"thin( which &a" ha%e been used or constitute !roof in the co&&ission of an offense without a search warrant. (1 a) SEC. 1,. !otion to 6uash a search warrant or to suppress evidence; where to file. ) &otion to 9uash a search warrant andHor to su!!ress e%idence obtained thereof &a" be filed in and acted u!on onl" b" the court where the action has been instituted. If no cri&inal action has been instituted# the &otion &a" be filed in and resol%ed b" the court that issued the search warrant. 8owe%er# if such court failed to resol%e the &otion and a cri&inal case is subse9uentl" filed in another court# the &otion shall be resol%ed b" the latter court. (n)

RULE +07

PRO !S!O-AL RE3E.!ES !- CR!3!-AL CASES SECTION 1. (vailability of provisional remedies.The !ro%isional re&edies in ci%il actions# insofar as the" are a!!licable# &a" be a%ailed of in connection with the ci%il action dee&ed instituted with the cri&inal action. (1a) SEC. . (ttachment.2hen the ci%il action is !ro!erl" instituted in the cri&inal action as !ro%ided in Rule 111# the offended !art" &a" ha%e the !ro!ert" of the accused attached as securit" for the satisfaction of an" +ud(&ent that &a" be reco%ered fro& the accused in the followin( cases0

PART !

RULES O- E !.E-CEF

RULE +08

,E-ERAL PRO !S!O-S SECTION 1. *vidence defined. E%idence is the &eans# sanctioned b" these rules# of ascertainin( in a +udicial !roceedin( the truth res!ectin( a &atter of fact.(1) SEC. . Scope.The rules of e%idence shall be the sa&e in all courts and in all trials and hearin(s# e$ce!t as otherwise !ro%ided b" law or these rules.( a) SEC. '. (dmissibility of evidence. E%idence is ad&issible when it is rele%ant to the issue and is not e$cluded b" the law or these rules.('a) SEC. ,. Relevancy; collateral matters. E%idence &ust ha%e such a relation to the fact in issue as to induce belief in its e$istence or non6 e$istence. E%idence on collateral &atters shall not be allowed# e$ce!t when it tends in an" reasonable de(ree to establish the !robabilit" or i&!robabilit" of the fact in issue.(,a)

SEC. ,. udicial admissions.)n ad&ission# %erbal or written# &ade b" a !art" in the course of the !roceedin(s in the sa&e case# does not re9uire !roof. The ad&ission &a" be contradicted onl" b" showin( that it was &ade throu(h !al!able &istake or that no such ad&ission was &ade.( a)

RULE +1:

RULES OF A.3!SS!)!L!T/

A6 O)=ECT (REAL) E !.E-CE SECTION 1. Ob"ect as evidence.Ob+ects as e%idence are those addressed to the senses of the court. 2hen an ob+ect is rele%ant to the fact in issue# it &a" be e$hibited to# e$a&ined or %iewed b" the court.(1a) )6 .OCU3E-TAR/ E !.E-CE SEC. . +ocumentary evidence. Docu&ents as e%idence consist of writin(s or an" &aterial containin( letters# words# nu&bers# fi(ures# s"&bols or other &odes of written e$!ressions offered as !roof of their contents. (n) +6 )EST E !.E-CE RULE SEC. '. Original document must be produced; e,ceptions.2hen the sub+ect of in9uir" is the contents of a docu&ent# no e%idence shall be ad&issible other than the ori(inal docu&ent itself# e$ce!t in the followin( cases0 (a) 2hen the ori(inal has been lost or destro"ed# or cannot be !roduced in court# without bad faith on the !art of the offeror1 (b) 2hen the ori(inal is in the custod" or under the control of the !art" a(ainst who& the e%idence is offered# and the latter fails to !roduce it after reasonable notice1 (c) 2hen the ori(inal consists of nu&erous accounts or other docu&ents which cannot be e$a&ined in court without (reat loss of ti&e and the fact sou(ht to be established fro& the& is onl" the (eneral result of the whole1 and (d) 2hen the ori(inal is a !ublic record in the custod" of a !ublic officer or is recorded in a !ublic office.( a) SEC. ,. Original of document. (a) The ori(inal of a docu&ent is

RULE +09

;<AT -EE. -OT )E PRO E. SECTION 1. udicial notice, when mandatory.) court shall take +udicial notice# without the introduction of e%idence# of the e$istence and territorial e$tent of states# their !olitical histor"# for&s of (o%ern&ent and s"&bols of nationalit"# the law of nations# the ad&iralt" and &ariti&e courts of the world and their seals# the !olitical constitution and histor" of the ;hili!!ines# the official acts of the le(islati%e# e$ecuti%e and +udicial de!art&ents of the ;hili!!ines# the laws of nature# the &easure of ti&e# and the (eo(ra!hical di%isions.(1a) SEC. . udicial notice, when discretionary. ) court &a" take +udicial notice of &atters which are of !ublic knowled(e# or are ca!able of un9uestionable de&onstration# or ou(ht to be known to +ud(es because of their +udicial functions.(1a) SEC. '. udicial notice, when hearing necessary.Durin( the trial# the court# on its own initiati%e# or on re9uest of a !art"# &a" announce its intention to take +udicial notice of an" &atter and allow the !arties to be heard thereon. )fter the trial# and before +ud(&ent or on a!!eal# the !ro!er court# on its own initiati%e or on re9uest of a !art"# &a" take +udicial notice of an" &atter and allow the !arties to be heard thereon if such &atter is decisi%e of a &aterial issue in the case.(n)

one the contents of which are the sub+ect of in9uir". (b) 2hen a docu&ent is in two or &ore co!ies e$ecuted at or about the sa&e ti&e# with identical contents# all such co!ies are e9uall" re(arded as ori(inals. (c) 2hen an entr" is re!eated in the re(ular course of business# one bein( co!ied fro& another at or near the ti&e of the transaction# all the entries are likewise e9uall" re(arded as ori(inals.('a) 06 SECO-.AR/ E !.E-CE SEC. .. #hen original document is unavailable.2hen the ori(inal docu&ent has been lost or destro"ed# or cannot be !roduced in court# the offeror# u!on !roof of its e$ecution or e$istence and the cause of its una%ailabilit" without bad faith on his !art# &a" !ro%e its contents b" a co!"# or b" a recital of its contents in so&e authentic docu&ent# or b" the testi&on" of witnesses in the order stated.(,a) SEC. /. #hen original document is in adverse party@s custody or control.2If the docu&ent is in the custod" or under the control of the ad%erse !art"# he &ust ha%e reasonable notice to !roduce it. If after such notice and after satisfactor" !roof of its e$istence# he fails to !roduce the docu&ent# secondar" e%idence &a" be !resented as in the case of its loss.(.a) SEC. :. *vidence admissible when original document is a public record.2hen the ori(inal of a docu&ent is in the custod" of a !ublic officer or is recorded in a !ublic office# its contents &a" be !ro%ed b" a certified co!" issued b" the !ublic officer in custod" thereof. ( a) SEC. <. $arty who calls for document not bound to offer it.) !art" who calls for the !roduction of a docu&ent and ins!ects the sa&e is not obli(ed to offer it as e%idence.(/a) 16 PAROL E !.E-CE RULE SEC. =. *vidence of written agreements. 2hen the ter&s of an a(ree&ent ha%e been reduced to writin(# it is considered as containin( all the ter&s a(reed u!on and there can be# between the !arties and their successors in interest# no e%idence of such ter&s other than the contents of the written a(ree&ent. 8owe%er# a !art" &a" !resent e%idence to &odif"# e$!lain or add to the ter&s of the written a(ree&ent if he !uts in issue in his !leadin(0 (a) )n intrinsic a&bi(uit"# &istake or i&!erfection in the written a(ree&ent1 (b) The failure of the written a(ree&ent to e$!ress the true intent and a(ree&ent of the !arties thereto1

or

(c) The %alidit" of the written a(ree&ent1

(d) The e$istence of other ter&s a(reed to b" the !arties or their successors in interest after the e$ecution of the written a(ree&ent. The ter& La(ree&entL includes wills.(:a) 26 !-TERPRETAT!O- OF .OCU3E-TS SEC. 1>. Interpretation of a writing according to its legal meaning.The lan(ua(e of a writin( is to be inter!reted accordin( to the le(al &eanin( it bears in the !lace of its e$ecution# unless the !arties intended otherwise.(<) SEC. 11. Instrument construed so as to give effect to all provisions.In the construction of an instru&ent where there are se%eral !ro%isions or !articulars# such a construction is# if !ossible# to be ado!ted as will (i%e effect to all.(=) SEC. 1 . Interpretation according to intention; general and particular provisions.In the construction of an instru&ent# the intention of the !arties is to be !ursued1 and when a (eneral and a !articular !ro%ision are inconsistent# the latter is !ara&ount to the for&er. So a !articular intent will control a (eneral one that is inconsistent with it.(1>) SEC. 1'. Interpretation according to circumstances.?or the !ro!er construction of an instru&ent# the circu&stances under which it was &ade# includin( the situation of the sub+ect thereof and of the !arties to it# &a" be shown# so that the +ud(e &a" be !laced in the !osition of those whose lan(ua(e he is to inter!ret.(11) SEC. 1,. $eculiar signification of terms. The ter&s of a writin( are !resu&ed to ha%e been used in their !ri&ar" and (eneral acce!tation# but e%idence is ad&issible to show that the" ha%e a local# technical# or otherwise !eculiar si(nification# and were so used and understood# in the !articular instance# in which case the a(ree&ent &ust be construed accordin(l".(1 ) SEC. 1.. #ritten words control printed. 2hen an instru&ent consists !artl" of written words and !artl" of a !rinted for&# and the two are inconsistent# the for&er controls the latter. (1') SEC. 1/. *,perts and interpreters to be used in e,plaining certain writings.2hen the characters in which an instru&ent is written are difficult to be deci!hered# or the lan(ua(e is not understood b" the court# the e%idence of !ersons skilled in deci!herin( the characters# or who understand the lan(ua(e# is ad&issible to declare the characters or the &eanin( of the lan(ua(e.(1,) SEC. 1:. Of two constructions, which

preferred.2hen the ter&s of an a(ree&ent ha%e been intended in a different sense b" the different !arties to it# that sense is to !re%ail a(ainst either !art" in which he su!!osed the other understood it# and when different constructions of a !ro%ision are otherwise e9uall" !ro!er# that is to be taken which is the &ost fa%orable to the !art" in whose fa%or the !ro%ision is &ade.(1.) SEC. 1<. Construction in favor of natural right.2hen an instru&ent is e9uall" susce!tible of two inter!retations# one in fa%or of natural ri(ht and the other a(ainst it# the for&er is to be ado!ted.(1/) SEC. 1=. Interpretation according to usage.)n instru&ent &a" be construed accordin( to usa(e# in order to deter&ine its true character.(1:) C6 TEST!3O-!AL E !.E-CE +6 @UAL!F!CAT!O- OF ;!T-ESSES SEC. >. #itnesses; their 6ualifications. E$ce!t as !ro%ided in the ne$t succeedin( section# all !ersons who can !ercei%e# and !ercei%in(# can &ake known their !erce!tion to others# &a" be witnesses. Reli(ious or !olitical belief# interest in the outco&e of the case# or con%iction of a cri&e unless otherwise !ro%ided b" law# shall not be a (round for dis9ualification.(1<a) SEC. 1. +is6ualification by reason of mental incapacity or immaturity. The followin( !ersons cannot be witnesses0 (a) Those whose &ental condition# at the ti&e of their !roduction for e$a&ination# is such that the" are inca!able of intelli(entl" &akin( known their !erce!tion to others1 (b) Children whose &ental &aturit" is such as to render the& inca!able of !ercei%in( the facts res!ectin( which the" are e$a&ined and of relatin( the& truthfull".(1=a) SEC. . +is6ualification by reason of marriage.Durin( their &arria(e# neither the husband nor the wife &a" testif" for or a(ainst the other without the consent of the affected s!ouse# e$ce!t in a ci%il case b" one a(ainst the other# or in a cri&inal case for a cri&e co&&itted b" one a(ainst the other or the latterIs direct descendants or ascendants.( >a) SEC. '. +is6ualification by reason of death or insanity of adverse party. ;arties or assi(nors of !arties to a case# or !ersons in whose behalf a case is !rosecuted# a(ainst an e$ecutor or ad&inistrator or other re!resentati%e of a deceased !erson# or a(ainst a !erson of unsound &ind# u!on a clai& or de&and a(ainst the estate of such deceased

!erson cannot before before ( >a)

or a(ainst such !erson of unsound &ind# testif" as to an" &atter of fact occurrin( the death of such deceased !erson or such !erson beca&e of unsound &ind.

SEC. ,. +is6ualification by reason of privileged communication.The followin( !ersons cannot testif" as to &atters learned in confidence in the followin( cases0 (a) The husband or the wife# durin( or after the &arria(e# cannot be e$a&ined without the consent of the other as to an" co&&unication recei%ed in confidence b" one fro& the other durin( the &arria(e e$ce!t in a ci%il case b" one a(ainst the other# or in a cri&inal case for a cri&e co&&itted b" one a(ainst the other or the latterIs direct descendants or ascendants1 (b) )n attorne" cannot# without the consent of his client# be e$a&ined as to an" co&&unication &ade b" the client to hi&# or his ad%ice (i%en thereon in the course of# or with a %iew to# !rofessional e&!lo"&ent# nor can an attorne"Is secretar"# steno(ra!her# or clerk be e$a&ined# without the consent of the client and his e&!lo"er# concernin( an" fact the knowled(e of which has been ac9uired in such ca!acit"1 (c) ) !erson authori-ed to !ractice &edicine# sur(er" or obstetrics cannot in a ci%il case# without the consent of the !atient# be e$a&ined as to an" ad%ice or treat&ent (i%en b" hi& or an" infor&ation which he &a" ha%e ac9uired in attendin( such !atient in a !rofessional ca!acit"# which infor&ation was necessar" to enable hi& to act in that ca!acit"# and which would blacken the re!utation of the !atient1 (d) ) &inister or !riest cannot# without the consent of the !erson &akin( the confession# be e$a&ined as to an" confession &ade to or an" ad%ice (i%en b" hi& in his !rofessional character in the course of disci!line en+oined b" the church to which the &inister or !riest belon(s1 (e) ) !ublic officer cannot be e$a&ined durin( his ter& of office or afterwards# as to co&&unications &ade to hi& in official confidence# when the court finds that the !ublic interest would suffer b" the disclosure.( 1a) 06 TEST!3O-!AL PR! !LE,E SEC. .. $arental and filial privilege.No !erson &a" be co&!elled to testif" a(ainst his !arents# other direct ascendants# children or other direct descendants.( >a)

16 A.3!SS!O-S A-. CO-FESS!O-S SEC. /. (dmissions of a party.The act# declaration or o&ission of a !art" as to a rele%ant fact &a" be (i%en in e%idence a(ainst hi&.( ) SEC. :. Offer of compromise not admissible.In ci%il cases# an offer of co&!ro&ise is not an ad&ission of an" liabilit"# and is not ad&issible in e%idence a(ainst the offeror. In cri&inal cases# e$ce!t those in%ol%in( 9uasi6offenses (cri&inal ne(li(ence) or those allowed b" law to be co&!ro&ised# an offer of co&!ro&ise b" the accused &a" be recei%ed in e%idence as an i&!lied ad&ission of (uilt. ) !lea of (uilt" later withdrawn# or an unacce!ted offer of a !lea of (uilt" to a lesser offense# is not ad&issible in e%idence a(ainst the accused who &ade the !lea or offer. )n offer to !a" or the !a"&ent of &edical# hos!ital or other e$!enses occasioned b" an in+ur" is not ad&issible in e%idence as !roof of ci%il or cri&inal liabilit" for the in+ur".( ,a) SEC. <. (dmission by third party.The ri(hts of a !art" cannot be !re+udiced b" an act# declaration# or o&ission of another# e$ce!t as hereinafter !ro%ided.( .a) SEC. =. (dmission by co&partner or agent.The act or declaration of a !artner or a(ent of the !art" within the sco!e of his authorit" and durin( the e$istence of the !artnershi! or a(enc"# &a" be (i%en in e%idence a(ainst such !art" after the !artnershi! or a(enc" is shown b" e%idence other than such act or declaration. The sa&e rule a!!lies to the act or declaration of a +oint owner# +oint debtor# or other !erson +ointl" interested with the !art". ( /a) SEC. '>. (dmission by conspirator.The act or declaration of a cons!irator relatin( to the cons!irac" and durin( its e$istence# &a" be (i%en in e%idence a(ainst the co6cons!irator after the cons!irac" is shown b" e%idence other than such act or declaration.( :) SEC. '1. (dmission by privies.2here one deri%es title to !ro!ert" fro& another# the act# declaration# or o&ission of the latter# while holdin( the title# in relation to the !ro!ert"# is e%idence a(ainst the for&er.( <) SEC. ' . (dmission by silence.)n act or declaration &ade in the !resence and within the hearin( or obser%ation of a !art" who does or sa"s nothin( when the act or declaration is such as naturall" to call for action or co&&ent if not true# and when !ro!er and !ossible for hi& to do so# &a" be (i%en in e%idence a(ainst hi&. ( 'a) SEC. ''. Confession.The declaration of

an accused acknowled(in( his (uilt of the offense char(ed# or of an" offense necessaril" included therein# &a" be (i%en in e%idence a(ainst hi&.( =a) 26 PRE !OUS CO-.UCT AS E !.E-CE SEC. ',. Similar acts as evidence. E%idence that one did or did not do a certain thin( at one ti&e is not ad&issible to !ro%e that he did or did not do the sa&e or a si&ilar thin( at another ti&e1 but it &a" be recei%ed to !ro%e a s!ecific intent or knowled(e# identit"# !lan# s"ste&# sche&e# habit# custo& or usa(e# and the like.(,<a) SEC. '.. 'naccepted offer.)n offer in writin( to !a" a !articular su& of &one" or to deli%er a written instru&ent or s!ecific !ersonal !ro!ert" is# if re+ected without %alid cause# e9ui%alent to the actual !roduction and tender of the &one"# instru&ent# or !ro!ert".(,=a) 56 TEST!3O-!AL 5-O;LE.,E SEC. '/. Testimony generally confined to personal )nowledge; hearsay e,cluded.) witness can testif" onl" to those facts which he knows of his !ersonal knowled(e1 that is# which are deri%ed fro& his own !erce!tion# e$ce!t as otherwise !ro%ided in these rules.('>a) 46 E?CEPT!O-S TO T<E <EARSA/ RULE SEC. ':. +ying declaration.The declaration of a d"in( !erson# &ade under the consciousness of an i&!endin( death# &a" be recei%ed in an" case wherein his death is the sub+ect of in9uir"# as e%idence of the cause and surroundin( circu&stances of such death.('1a) SEC. '<. +eclaration against interest.The declaration &ade b" a !erson deceased# or unable to testif"# a(ainst the interest of the declarant# if the fact asserted in the declaration was at the ti&e it was &ade so far contrar" to declarantIs own interest# that a reasonable &an in his !osition would not ha%e &ade the declaration unless he belie%ed it to be true# &a" be recei%ed in e%idence a(ainst hi&self or his successors in interest and a(ainst third !ersons. (' a) SEC. '=. (ct or declaration about pedigree. The act or declaration of a !erson deceased# or unable to testif"# in res!ect to the !edi(ree of another !erson related to hi& b" birth or &arria(e# &a" be recei%ed in e%idence where it occurred before the contro%ers"# and the relationshi! between the two !ersons is shown b" e%idence other than such act or declaration. The word L!edi(reeL includes relationshi!# fa&il" (enealo("# birth# &arria(e# death# the dates when and the !laces where these facts occurred# and the na&es of the relati%es. It e&braces also facts of fa&il" histor" inti&atel" connected with !edi(ree.(''a) SEC. ,>. 4amily reputation or tradition

regarding pedigree. The re!utation or tradition e$istin( in a fa&il" !re%ious to the contro%ers"# in res!ect to the !edi(ree of an" one of its &e&bers# &a" be recei%ed in e%idence if the witness testif"in( thereon be also a &e&ber of the fa&il"# either b" consan(uinit" or affinit". Entries in fa&il" bibles or other fa&il" books or charts# en(ra%in( on rin(s# fa&il" !ortraits and the like# &a" be recei%ed as e%idence of !edi(ree.(',a) SEC. ,1. Common reputation.Co&&on re!utation e$istin( !re%ious to the contro%ers"# res!ectin( facts of !ublic or (eneral interest &ore than thirt" "ears old# or res!ectin( &arria(e or &oral character# &a" be (i%en in e%idence# 3onu&ents and inscri!tions in !ublic !laces &a" be recei%ed as e%idence of co&&on re!utation.('.) SEC. , . $art of the res gestae. State&ents &ade b" a !erson while a startlin( occurrence is takin( !lace or i&&ediatel" !rior or subse9uent thereto with res!ect to the circu&stances thereof# &a" be (i%en in e%idence as !art of the res gestae. So# also# state&ents acco&!an"in( an e9ui%ocal act &aterial to the issue# and (i%in( it a le(al si(nificance# &a" be recei%ed as !art of the res gestae.('/a) SEC. ,'. *ntries in the course of business. Entries &ade at# or near the ti&e of the transactions to which the" refer# b" a !erson deceased# or unable to testif"# who was in a !osition to know the facts therein stated# &a" be recei%ed as prima facie e%idence# if such !erson &ade the entries in his !rofessional ca!acit" or in the !erfor&ance of dut" and in the ordinar" or re(ular course of business or dut".(':a) SEC. ,,. *ntries in official records.Entries in official records &ade in the !erfor&ance of his dut" b" a !ublic officer of the ;hili!!ines# or b" a !erson in the !erfor&ance of a dut" s!eciall" en+oined b" law# are prima facie e%idence of the facts therein stated.('<) SEC. ,.. Commercial lists and the li)e. E%idence of state&ents of &atters of interest to !ersons en(a(ed in an occu!ation contained in a list# re(ister# !eriodical# or other !ublished co&!ilations ad&issible as tendin( to !ro%e the truth of an" rele%ant &atter so stated if that co&!ilation is !ublished for use b" !ersons en(a(ed in that occu!ation and is (enerall" used and relied u!on b" the& therein.('=) SEC. ,/. 7earned treatises.) !ublished treatise# !eriodical or !a&!hlet on a sub+ect of histor"# law# science or art is ad&issible as tendin( to !ro%e the truth of a &atter stated therein if the court takes +udicial notice# or a witness e$!ert in the sub+ect testifies# that the writer of the state&ent in the treatise# !eriodical or !a&!hlet is reco(ni-ed in his !rofession or callin( as e$!ert in the sub+ect.(,>a)

SEC. ,:. Testimony or deposition at a former proceeding.The testi&on" or de!osition of a witness deceased or unable to testif"# (i%en in a for&er case or !roceedin(# +udicial or ad&inistrati%e# in%ol%in( the sa&e !arties and sub+ect &atter# &a" be (i%en in e%idence a(ainst the ad%erse !art" who had the o!!ortunit" to cross6e$a&ine hi&.(,1a) 76 OP!-!O- RULE SEC. ,<. -eneral rule.The o!inion of a witness is not ad&issible# e$ce!t as indicated in the followin( sections.(, ) SEC. ,=. Opinion of e,pert witness.The o!inion of a witness on a &atter re9uirin( s!ecial knowled(e# skill# e$!erience or trainin( which he is shown to !ossess# &a" be recei%ed in e%idence.(,'a) SEC. .>. Opinion of ordinary witnesses. The o!inion of a witness for which !ro!er basis is (i%en# &a" be recei%ed in e%idence re(ardin( (a) The identit" of a !erson about who& he has ade9uate knowled(e1 (b) ) handwritin( with which he has sufficient fa&iliarit"1 and (c) The &ental sanit" of a !erson with who& he is sufficientl" ac9uainted. The witness &a" also testif" on his i&!ressions of the &otion# beha%ior# condition or a!!earance of a !erson.(,,a) 86 C<ARACTER E !.E-CE SEC. .1. Character evidence not generally admissible; e,ceptionsA2 (a) In Cri&inal Cases0 (1) The accused &a" !ro%e his (ood &oral character which is !ertinent to the &oral trait in%ol%ed in the offense char(ed. ( ) 7nless in rebuttal# the !rosecution &a" not !ro%e his bad &oral character which is !ertinent to the &oral trait in%ol%ed in the offense char(ed. (') The (ood or bad &oral character of the offended !art" &a" be !ro%ed if it tends to establish in an" reasonable de(ree the !robabilit" or i&!robabilit" of the offense char(ed. (b) In Ci%il Cases0 E%idence of the &oral character of a !art" in a ci%il case is ad&issible onl" when !ertinent to the issue of character in%ol%ed in the case.

(c) In the case !ro%ided for in Rule 1' # Section 1,. (,/a# ,:a)

a recent wron(ful act is the taker and the doer of the whole act1 otherwise# that thin(s which a !erson !ossesses# or e$ercises acts of ownershi! o%er# are owned b" hi&1 (k) That a !erson in !ossession of an order on hi&self for the !a"&ent of the &one"# or the deli%er" of an"thin(# has !aid the &one" or deli%ered the thin( accordin(l"1 (l) That a !erson actin( in a !ublic office was re(ularl" a!!ointed or elected to it1 (&) That official dut" has been re(ularl" !erfor&ed1 (n) That a court# or +ud(e actin( as such# whether in the ;hili!!ines or elsewhere# was actin( in the lawful e$ercise of +urisdiction1 (o) That all the &atters within an issue raised in a case were laid before the court and !assed u!on b" it1 and in like &anner that all &atters within an issue raised in a dis!ute sub&itted for arbitration were laid before the arbitrators and !assed u!on b" the&1 (!) That !ri%ate transactions ha%e been fair and re(ular1 (9) That the ordinar" course of business has been followed1 (r) That there was a sufficient consideration for a contract1 (s) That a ne(otiable instru&ent was (i%en or indorsed for a sufficient consideration1 (t) That an indorse&ent of a ne(otiable instru&ent was &ade before the instru&ent was o%erdue and at the !lace where the instru&ent is dated1 (u) That a writin( is trul" dated1 (%) That a letter dul" directed and &ailed was recei%ed in the re(ular course of the &ail1 (w) That after an absence of se%en "ears# it bein( unknown whether or not the absentee still li%es# he is considered dead for all !ur!oses# e$ce!t for those of succession. The absentee shall not be considered dead for the !ur!ose of o!enin( his succession till after an absence of ten "ears. If he disa!!eared after the a(e of se%ent"6fi%e "ears# an absence of fi%e "ears shall be sufficient in order that his succession &a" be o!ened. The followin( shall be considered dead for all !ur!oses includin( the di%ision

RULE +1+

)UR.E- OF PROOF A-. PRESU3PT!O-S SECTION 1. 1urden of proof.2*urden of !roof is the dut" of a !art" to !resent e%idence on the facts in issue necessar" to establish his clai& or defense b" the a&ount of e%idence re9uired b" law.(1a# a) SEC. . Conclusive presumptions.The followin( are instances of conclusi%e !resu&!tions0 (a) 2hene%er a !art" has# b" his own declaration# act# or o&ission# intentionall" and deliberatel" led another to belie%e a !articular thin( true# and to act u!on such belief# he cannot# in an" liti(ation arisin( out of such declaration# act or o&ission# be !er&itted to falsif" it0 (b) The tenant is not !er&itted to den" the title of his landlord at the ti&e of the co&&ence&ent of the relation of landlord and tenant between the&.('a) SEC. '. +isputable presumptions.The followin( !resu&!tions are satisfactor" if uncontradicted# but &a" be contradicted and o%erco&e b" other e%idence0 (a) That a !erson is innocent of cri&e or wron(1 (b) That an unlawful act was done with an unlawful intent1 (c) That a !erson intends the ordinar" conse9uences of his %oluntar" act1 (d) That a !erson take ordinar" care of his concerns1 (e) That e%idence willfull" su!!ressed would be ad%erse if !roduced1 (f) That &one" !aid b" one to another was due to the latter1 (() That a thin( deli%ered b" one to another belon(ed to the latter1 (h) That an obli(ation deli%ered u! to the debtor has been !aid1 (i) That !rior rents or install&ents had been !aid when a recei!t for the later ones is !roduced1 (+) That a !erson found in !ossession of a thin( taken in the doin( of

of the estate a&on( the heirs0 (1) ) !erson on board a %essel lost durin( a sea %o"a(e# or an aircraft which is &issin(# who has not been heard of for four "ears since the loss of the %essel or aircraft1 ( ) ) &e&ber of the ar&ed forces who has taken !art in ar&ed hostilities# and has been &issin( for four "ears1 (') ) !erson who has been in dan(er of death under other circu&stances and whose e$istence has not been known for four "ears1 (,) If a &arried !erson has been absent for four consecuti%e "ears# the s!ouse !resent &a" contract a subse9uent &arria(e if he or she has a well6founded belief that the absent s!ouse is alread" dead. In case of disa!!earance# where there is dan(er of death under the circu&stances hereinabo%e !ro%ided an absence of onl" two "ears shall be sufficient for the !ur!ose of contractin( a subse9uent &arria(e. 8owe%er# in an" case# before &arr"in( a(ain# the s!ouse !resent &ust institute a su&&ar" !roceedin( as !ro%ided in the ?a&il" Code and in the rules for a declaration of !resu&!ti%e death of the absentee# without !re+udice to the effect of rea!!earance of the absent s!ouse. ($) That ac9uiescence resulted fro& a belief that the thin( ac9uiesced in was confor&able to the law or fact1 (") That thin(s ha%e ha!!ened accordin( to the ordinar" course of nature and the ordinar" habits of life1 (-) That !ersons actin( as co!artners ha%e entered into a contract of co!artnershi!1 (aa) That a &an and wo&an de!ortin( the&sel%es as husband and wife ha%e entered into a lawful contract of &arria(e1 (bb) That !ro!ert" ac9uired b" a &an and wo&an who are ca!acitated to &arr" each other and who li%e e$clusi%el" with each other as husband and wife without the benefit of &arria(e or under a %oid &arria(e# has been obtained b" their +oint efforts# work or industr".

(cc) That in cases of cohabitation b" a &an and a wo&an who are not ca!acitated to &arr" each other and who ha%e ac9uired !ro!ert" throu(h their actual +oint contribution of &one"# !ro!ert" or industr"# such contributions and their corres!ondin( shares includin( +oint de!osits of &one" and e%idences of credit are e9ual. (dd) That if the &arria(e is ter&inated and the &other contracted another &arria(e within three hundred da"s after such ter&ination of the for&er &arria(e# these rules shall (o%ern in the absence of !roof to the contrar"0 (1) ) child born before one hundred ei(ht" da"s after the sole&ni-ation of the subse9uent &arria(e is considered to ha%e been concei%ed durin( the for&er &arria(e# !ro%ided it be born within three hundred da"s after the ter&ination of the for&er &arria(e1 ( ) ) child born after one hundred ei(ht" da"s followin( the celebration of the subse9uent &arria(e is considered to ha%e been concei%ed durin( such &arria(e# e%en thou(h it be born within the three hundred da"s after the ter&ination of the for&er &arria(e. (ee) That a thin( once !ro%ed to e$ist continues as lon( as is usual with thin(s of that nature1 obe"ed1 (ff) That the law has been

((() That a !rinted or !ublished book# !ur!ortin( to be !rinted or !ublished b" !ublic authorit"# was so !rinted or !ublished1 (hh) That a !rinted or !ublished book# !ur!ortin( to contain re!orts of cases ad+ud(ed in tribunals of the countr" where the book is !ublished# contains correct re!orts of such cases1 (ii) That a trustee or other !erson whose dut" it was to con%e" real !ro!ert" to a !articular !erson has actuall" con%e"ed it to hi& when such !resu&!tion is necessar" to !erfect the title of such !erson or his successor in interest1 (++) That e$ce!t for !ur!oses of succession# when two !ersons !erish in the sa&e cala&it"# such as wreck# battle# or confla(ration# and it is not shown who died first# and there are no !articular circu&stances fro& which it can be inferred# the sur%i%orshi! is deter&ined

fro& the !robabilities resultin( fro& the stren(th and a(e of the se$es# accordin( to the followin( rules0 1. If both were under the a(e of fifteen "ears# the older is dee&ed to ha%e sur%i%ed1 . If both were abo%e the a(e of si$t"# the "oun(er is dee&ed to ha%e sur%i%ed1 '. If one is under fifteen and the other abo%e si$t"# the for&er is dee&ed to ha%e sur%i%ed1 ,. If both be o%er fifteen and under si$t"# and the se$ be different# the &ale is dee&ed to ha%e sur%i%ed1 if the se$ be the sa&e# the older1 .. If one be under fifteen or o%er si$t"# and the other between those a(es# the latter is dee&ed to ha%e sur%i%ed. (kk) That if there is a doubt# as between two or &ore !ersons who are called to succeed each other# as to which of the& died first# whoe%er alle(es the death of one !rior to the other# shall !ro%e the sa&e1 in the absence of !roof# the" shall be considered to ha%e died at the sa&e ti&e.(.a) SEC. ,. %o presumption of legitimacy or illegitimacy.There is no !resu&!tion of le(iti&ac" or ille(iti&ac" of a child born after three hundred da"s followin( the dissolution of the &arria(e or the se!aration of the s!ouses. 2hoe%er alle(es the le(iti&ac" or ille(iti&ac" of such child &ust !ro%e his alle(ation.(/)

+ud(e or an" of the !arties# counsel# or witnesses with reference to the case# shall be recorded b" &eans of shorthand or stenot"!e or b" other &eans of recordin( found suitable b" the court. ) transcri!t of the record of the !roceedin(s &ade b" the official steno(ra!her# stenot"!ist or recorder and certified as correct b" hi& shall be dee&ed prima facie a correct state&ent of such !roceedin(s.( a) SEC. '. Rights and obligations of a witness.) witness &ust answer 9uestions# althou(h his answer &a" tend to establish a clai& a(ainst hi&. 8owe%er# it is the ri(ht of a witness0 (1) To be !rotected fro& irrele%ant# i&!ro!er# or insultin( 9uestions# and fro& harsh or insultin( de&eanor1 ( ) Not to be detained lon(er than the interests of +ustice re9uire1 (') Not to be e$a&ined e$ce!t onl" as to &atters !ertinent to the issue1 (,) Not to (i%e an answer which will tend to sub+ect hi& to a !enalt" for an offense unless otherwise !ro%ided b" law1 or (.) Not to (i%e an answer which will tend to de(rade his re!utation# unless it be to the %er" fact at issue or to a fact fro& which the fact in issue would be !resu&ed. *ut a witness &ust answer to the fact of his !re%ious final con%iction for an offense.('a# 1=a) SEC. ,. Order in the e,amination of an individual witness. The order in which an indi%idual witness &a" be e$a&ined is as follows0 (a) !ro!onent1 (b) o!!onent1 Direct e$a&ination b" the b" the

RULE +10

Cross6e$a&ination

PRESE-TAT!O- OF E !.E-CE A6 E?A3!-AT!O- OF ;!T-ESSES SECTION 1. *,amination to be done in open court.The e$a&ination of witnesses !resented in a trial or hearin( shall be done in o!en court# and under oath or affir&ation. 7nless the witness is inca!acitated to s!eak# or the 9uestion calls for a different &ode of answer# the answers of the witness shall be (i%en orall".(1a) SEC. . $roceedings to be recorded.The entire !roceedin(s of a trial or hearin(# includin( the 9uestions !ro!ounded to a witness and his answers thereto# the state&ents &ade b" the

(c) Re6direct e$a&ination b" the !ro!onent1 (d) Re6cross6e$a&ination b" the o!!onent.(,) SEC. .. +irect e,amination.Direct e$a&ination is the e$a&ination6in6chief of a witness b" the !art" !resentin( hi& on the facts rele%ant to the issue.(.a) SEC. /. Cross&e,amination; its purpose and e,tent.7!on the ter&ination of the direct e$a&ination# the witness &a" be cross6 e$a&ined b" the ad%erse !art" as to an" &atters stated in the direct e$a&ination# or connected therewith# with sufficient fullness and freedo& to test his accurac" and truthfulness

and freedo& fro& interest or bias# or the re%erse# and to elicit all i&!ortant facts bearin( u!on the issue.(<a) SEC. :. Re&direct e,amination; its purpose and e,tent.)fter the cross6e$a&ination of the witness has been concluded# he &a" be re6 e$a&ined b" the !art" callin( hi&# to e$!lain or su!!le&ent his answers (i%en durin( the cross6 e$a&ination. On re6direct e$a&ination# 9uestions on &atters not dealt with durin( the cross6e$a&ination# &a" be allowed b" the court in its discretion.(1 ) SEC. <. Re&cross&e,amination.7!on the conclusion of the re6direct e$a&ination# the ad%erse !art" &a" re6cross6e$a&ine the witness on &atters stated in his re6direct e$a&ination# and also on such other &atters as &a" be allowed b" the court in its discretion.(1') SEC. =. Recalling witness.)fter the e$a&ination of a witness b" both sides has been concluded# the witness cannot be recalled without lea%e of the court. The court will (rant or withhold lea%e in its discretion# as the interests of +ustice &a" re9uired 1,) SEC. 1>. 7eading and misleading 6uestions.) 9uestion which su((ests to the witness the answer which the e$a&inin( !art" desires is a leadin( 9uestion. It is not allowed# e$ce!t0 (a) On cross e$a&ination1 (b) On !reli&inar" &atters1 (c) 2hen there is difficult" in (ettin( direct and intelli(ible answers fro& a witness who is i(norant# or a child of tender "ears# or is of feeble &ind# or a deaf6&ute1 (d) witness1 or Of an unwillin( or hostile

record of the +ud(&ent# that he has been con%icted of an offense.(1.) SEC. 1 . $arty may not impeach his own witness.E$ce!t with res!ect to witnesses referred to in !ara(ra!hs (d) and (e) of Section 1># the !art" !roducin( a witness is not allowed to i&!each his credibilit". ) witness &a" be considered as unwillin( or hostile onl" if so declared b" the court u!on ade9uate showin( of his ad%erse interest# un+ustified reluctance to testif"# or his ha%in( &isled the !art" into callin( hi& to the witness stand. The unwillin( or hostile witness so declared# or the witness who is an ad%erse !art"# &a" be i&!eached b" the !art" !resentin( hi& in all res!ects as if he had been called b" the ad%erse !art"# e$ce!t b" e%idence of his bad character. 8e &a" also be i&!eached and cross6e$a&ined b" the ad%erse !art"# but such cross6e$a&ination &ust onl" be on the sub+ect &atter of his e$a&ination6in6chief. (/a# :a) SEC. 1'. 3ow witness impeached by evidence of inconsistent statements.*efore a witness can be i&!eached b" e%idence that he has &ade at other ti&es state&ents inconsistent with his !resent testi&on"# the state&ents &ust be related to hi&# with the circu&stances of the ti&es and !laces and the !ersons !resent# and he &ust be asked whether he &ade such state&ents# and if so# allowed to e$!lain the&. If the state&ents be in writin( the" &ust be shown to the witness before an" 9uestion is !ut to hi& concernin( the&.(1/) SEC. 1,. *vidence of good character of witness.E%idence of the (ood character of a witness is not ad&issible until such character has been i&!eached.( 1:) SEC. 1.. *,clusion and separation of witnesses.On an" trial or hearin(# the +ud(e &a" e$clude fro& the court an" witness not at the ti&e under e$a&ination# so that he &a" not hear the testi&on" of other witnesses. The +ud(e &a" also cause witnesses to be ke!t se!arate and to be !re%ented fro& con%ersin( with one another until all shall ha%e been e$a&ined.(1<) SEC. 1/. #hen witness may refer to memorandum.) witness &a" be allowed to refresh his &e&or" res!ectin( a fact# b" an"thin( written or recorded b" hi&self or under his direction at the ti&e when the fact occurred# or i&&ediatel" thereafter# or at an" other ti&e when the fact was fresh in his &e&or" and he knew that the sa&e was correctl" written or recorded1 but in such case the writin( or record &ust be !roduced and &a" be ins!ected b" the ad%erse !art"# who &a"# if he chooses# cross6 e$a&ine the witness u!on it# and &a" read it in e%idence. So# also# a witness &a" testif" fro&

(e) Of a witness who is an ad%erse !art" or an officer# director# or &ana(in( a(ent of a !ublic or !ri%ate cor!oration or of a !artnershi! or association which is an ad%erse !art". ) &isleadin( 9uestion is one which assu&es as true a fact not "et testified to b" the witness# or contrar" to that which he has !re%iousl" stated. It is not allowed.(.a# /a# and <a) SEC. 11. Impeachment of adverse party@s witness.) witness &a" be i&!eached b" the !art" a(ainst who& he was called# b" contradictor" e%idence# b" e%idence that his (eneral re!utation for truth# honest"# or inte(rit" is bad# or b" e%idence that he has &ade at other ti&es state&ents inconsistent with his !resent testi&on"# but not b" e%idence of !articular wron(ful acts# e$ce!t that it &a" be shown b" the e$a&ination of the witness# or the

such a writin( or record# thou(h he retain no recollection of the !articular facts# if he is able to swear that the writin( or record correctl" stated the transaction when &ade1 but such e%idence &ust be recei%ed with caution.(1>a) SEC. 1:. #hen part of transaction, writing or record given in evidence, the remainder admissible.2hen !art of an act# declaration# con%ersation# writin( or record is (i%en in e%idence b" one !art"# the whole of the sa&e sub+ect &a" be in9uired into b" the other# and when a detached act# declaration# con%ersation# writin( or record is (i%en in e%idence# an" other act# declaration# con%ersation# writin( or record necessar" to its understandin( &a" also be (i%en in e%idence.(11a) SEC. 1<. Right to inspect writing shown to witness.2hene%er a writin( is shown to a witness# it &a" be ins!ected b" the ad%erse !art".(=a) )6 AUT<E-T!CAT!O- A-. PROOF OF .OCU3E-TS SEC. 1=. Classes of documents.?or the !ur!ose of their !resentation in e%idence# docu&ents are either !ublic or !ri%ate. ;ublic docu&ents are0 (a) The written official acts# or records of the official acts of the so%erei(n authorit"# official bodies and tribunals# and !ublic officers# whether of the ;hili!!ines# or of a forei(n countr"1 (b) Docu&ents acknowled(ed before a notar" !ublic e$ce!t last wills and testa&ents1 and (c) ;ublic records# ke!t in the ;hili!!ines# of !ri%ate docu&ents re9uired b" law to be entered therein. )ll other writin(s are !ri%ate.( >a) SEC. >. $roof of private document. *efore an" !ri%ate docu&ent offered as authentic is recei%ed in e%idence# its due e$ecution and authenticit" &ust be !ro%ed either0 (a) *" an"one who saw the docu&ent e$ecuted or written1 or (b) *" e%idence of (enuineness of the si(nature handwritin( of the &aker. the or

of sus!icion# no other authenticit" need be (i%en.(

e%idence a)

of

its

SEC. . 3ow genuineness of handwriting proved.The handwritin( of a !erson &a" be !ro%ed b" an" witness who belie%es it to be the handwritin( of such !erson because he has seen the !erson write# or has seen writin( !ur!ortin( to be his u!on which the witness has acted or been char(ed# and has thus ac9uired knowled(e of the handwritin( of such !erson. E%idence res!ectin( the handwritin( &a" also be (i%en b" a co&!arison# &ade b" the witness or the court# with writin(s ad&itted or treated as (enuine b" the !art" a(ainst who& the e%idence is offered# or !ro%ed to be (enuine to the satisfaction of the +ud(e.( 'a) SEC. '. $ublic documents as evidence. Docu&ents consistin( of entries in !ublic records &ade in the !erfor&ance of a dut" b" a !ublic officer are prima facie e%idence of the facts therein stated. )ll other !ublic docu&ents are e%idence# e%en a(ainst a third !erson# of the fact which (a%e rise to their e$ecution and of the date of the latter.( ,a) SEC. ,. $roof of official record.The record of !ublic docu&ents referred to in !ara(ra!h (a) of Section 1=# when ad&issible for an" !ur!ose# &a" be e%idenced b" an official !ublication thereof or b" a co!" attested b" the officer ha%in( the le(al custod" of the record# or b" his de!ut"# and acco&!anied# if the record is not ke!t in the ;hili!!ines# with a certificate that such officer has the custod". If the office in which the record is ke!t is in a forei(n countr"# the certificate &a" be &ade b" a secretar" of the e&bass" or le(ation# consul (eneral# consul# %ice consul# or consular a(ent or b" an" officer in the forei(n ser%ice of the ;hili!!ines stationed in the forei(n countr" in which the record is ke!t# and authenticated b" the seal of his office. ( .a) SEC. .. #hat attestation of copy must state.2hene%er a co!" of a docu&ent or record is attested for the !ur!ose of e%idence# the attestation &ust state# in substance# that the co!" is a correct co!" of the ori(inal# or a s!ecific !art thereof# as the case &a" be. The attestation &ust be under the official seal of the attestin( officer# if there be an"# or if he be the clerk of a court ha%in( a seal# under the seal of such court.( /a) SEC. /. Irremovability of public record. )n" !ublic record# an official co!" of which is ad&issible in e%idence# &ust not be re&o%ed fro& the office in which it is ke!t# e$ce!t u!on order of a court where the ins!ection of the record is essential to the +ust deter&ination of a !endin( case.( :a) SEC. :. $ublic record of a private document.)n authori-ed !ublic record of a !ri%ate docu&ent &a" be !ro%ed b" the ori(inal record# or b" a co!" thereof# attested b" the

)n" other !ri%ate docu&ent need onl" be identified as that which it is clai&ed to be.( 1a) SEC. 1. #hen evidence of authenticity of private document not necessary. 2here a !ri%ate docu&ent is &ore than thirt" "ears old# is !roduced fro& a custod" in which it would naturall" be found if (enuine# and is unble&ished b" an" alterations or circu&stances

le(al custodian of the record# with an a!!ro!riate certificate that such officer has the custod" .( <a) SEC. <. $roof of lac) of record.) written state&ent si(ned b" an officer ha%in( the custod" of an official record or b" his de!ut" that after dili(ent search no record or entr" of a s!ecified tenor is found to e$ist in the records of his office# acco&!anied b" a certificate as abo%e !ro%ided# is ad&issible as e%idence that the records of his office contain no such record or entr".( =) SEC. =. 3ow "udicial record impeached. )n" +udicial record &a" be i&!eached b" e%idence of0 (a) want of +urisdiction in the court or +udicial officer# (b) collusion between the !arties# or (c) fraud in the !art" offerin( the record# in res!ect to the !roceedin(s.('>a) SEC. '>. $roof of notarial documents. E%er" instru&ent dul" acknowled(ed or !ro%ed and certified as !ro%ided b" law# &a" be !resented in e%idence without further !roof# the certificate of acknowled(&ent bein( prima facie e%idence of the e$ecution of the instru&ent or docu&ent in%ol%ed.('1a) SEC. '1. (lterations in document, how to e,plain.The !art" !roducin( a docu&ent as (enuine which has been altered and a!!ears to ha%e been altered after its e$ecution# in a !art &aterial to the 9uestion in dis!ute# &ust account for the alteration. 8e &a" show that the alteration was &ade b" another# without his concurrence# or was &ade with the consent of the !arties affected b" it# or was otherwise !ro!erl" or innocentl" &ade# or that the alteration did not chan(e the &eanin( or lan(ua(e of the instru&ent. If he fails to do that# the docu&ent shall not be ad&issible in e%idence.(' a) SEC. ' . Seal.There shall be no difference between sealed and unsealed !ri%ate docu&ents insofar as their ad&issibilit" as e%idence is concerned.(''a) SEC. ''. +ocumentary evidence in an unofficial language.Docu&ents written in an unofficial lan(ua(e shall not be ad&itted as e%idence# unless acco&!anied with a translation into En(lish or ?ili!ino. To a%oid interru!tion of !roceedin(s# !arties or their attorne"s are directed to ha%e such translation !re!ared before trial.(',a) C6 OFFER A-. O)=ECT!OSEC. ',. Offer of evidence.The court shall consider no e%idence which has not been for&all" offered. The !ur!ose for which the e%idence is offered &ust be s!ecified.('.) SEC. '.. #hen to ma)e offer.(s re(ards the testi&on" of a witness# the offer &ust be &ade at the ti&e the witness is called to testif".

Docu&entar" and ob+ect e%idence shall be offered after the !resentation of a !art"Is testi&onial e%idence. Such offer shall be done orall" unless allowed b" the court to be done in writin(# (n) SEC. '/. Ob"ection.Ob+ection to e%idence offered orall" &ust be &ade i&&ediatel" after the offer is &ade. Ob+ection to a 9uestion !ro!ounded in the course of the oral e$a&ination of a witness shall be &ade as soon as the (rounds therefor shall beco&e reasonabl" a!!arent. )n offer of e%idence in writin( shall be ob+ected to within three (') da"s after notice of the offer unless a different !eriod is allowed b" the court. In an" case# the (rounds for the ob+ections &ust be s!ecified. ('/a) SEC. ':. #hen repetition of ob"ection unnecessary.2hen it beco&es reasonabl" a!!arent in the course of the e$a&ination of a witness that the 9uestions bein( !ro!ounded are of the sa&e class as those to which ob+ection has been &ade# whether such ob+ection was sustained or o%erruled# it shall not be necessar" to re!eat the ob+ection# it bein( sufficient for the ad%erse !art" to record his continuin( ob+ection to such class of 9uestions.(':a) SEC. '<. Ruling.The rulin( of the court &ust be (i%en i&&ediatel" after the ob+ection is &ade# unless the court desires to take a reasonable ti&e to infor& itself on the 9uestion !resented1 but the rulin( shall alwa"s be &ade durin( the trial and at such ti&e as will (i%e the !art" a(ainst who& it is &ade an o!!ortunit" to &eet the situation !resented b" the rulin(. The reason for sustainin( or o%errulin( an ob+ection need not be stated. 8owe%er# if the ob+ection is based on two or &ore (rounds# a rulin( sustainin( the ob+ection on one or so&e of the& &ust s!ecif" the (round or (rounds relied u!on.('<a) SEC. '=. Stri)ing out answer.Should a witness answer the 9uestion before the ad%erse !art" had the o!!ortunit" to %oice full" its ob+ection to the sa&e# and such ob+ection is found to be &eritorious# the court shall sustain the ob+ection and order the answer (i%en to be stricken off the record. On !ro!er &otion# the court &a" also order the strikin( out of answers which are inco&!etent# irrele%ant# or otherwise i&!ro!er. (n) SEC. ,>. Tender of e,cluded evidence. If docu&ents or thin(s offered in e%idence are e$cluded b" the court# the offeror &a" ha%e the sa&e attached to or &ade !art of the record. If the e%idence e$cluded is oral# the offeror &a" state for the record the sa&e and other !ersonal

circu&stances of the witness and the substance of the !ro!osed testi&on".(n)

&ind &i(ht acce!t as ade9uate to +ustif" a conclusion.(n) SEC. /. $ower of the court to stop further evidence.The court &a" sto! the introduction of further testi&on" u!on an" !articular !oint when the e%idence u!on it is alread" so full that &ore witnesses to the sa&e !oint cannot be reasonabl" e$!ected to be additionall" !ersuasi%e. *ut this !ower should be e$ercised with caution.(/) SEC. :. *vidence on motion.2hen a &otion is based on facts not a!!earin( of record the court &a" hear the &atter on affida%its or de!ositions !resented b" the res!ecti%e !arties# but the court &a" direct that the &atter be heard wholl" or !artl" on oral testi&on" or de!ositions.(:)

RULE +11

;E!,<T A-. SUFF!C!E-C/ OF E !.E-CE SECTION 1. $reponderance of evidence, how determined. In ci%il cases# the !art" ha%in( the burden of !roof &ust establish his case b" a !re!onderance of e%idence. In deter&inin( where the !re!onderance or su!erior wei(ht of e%idence on the issues in%ol%ed lies# the court &a" consider all the facts and circu&stances of the case# the witnessesC &anner of testif"in(# their intelli(ence# their &eans and o!!ortunit" of knowin( the facts to which the" are testif"in(# the nature of the facts to which the" testif"# the !robabilit" or i&!robabilit" of their testi&on"# their interest or want of interest# and also their !ersonal credibilit" so far as the sa&e &a" le(iti&atel" a!!ear u!on the trial. The court &a" also consider the nu&ber of witnesses# thou(h the !re!onderance is not necessaril" with the (reater nu&ber.(1a) SEC. . $roof beyond reasonable doubt. In a cri&inal case# the accused is entitled to an ac9uittal# unless his (uilt is shown be"ond reasonable doubt. ;roof be"ond reasonable doubt does not &ean such a de(ree of !roof as# e$cludin( !ossibilit" of error# !roduces absolute certaint". 3oral certaint" onl" is re9uired# or that de(ree of !roof which !roduces con%iction in an un!re+udiced &ind.( a) SEC. '. *,tra"udicial confession, not sufficient ground for conviction. )n e$tra+udicial confession &ade b" an accused# shall not be sufficient (round for con%iction# unless corroborated b" e%idence of corpus delicti./B0 SEC. ,. Circumstantial evidence, when sufficient.Circu&stantial e%idence is sufficient for con%iction if0 (a) There circu&stance1 is &ore than one

RULE +12+

PERPETUAT!O- OF TEST!3O-/ SECTION 1. $etition.) !erson who desires to !er!etuate his own testi&on" or that of another !erson re(ardin( an" &atter that &a" be co(ni-able in an" court of the ;hili!!ines# &a" file a %erified !etition in the court of the !ro%ince of the residence of an" e$!ected ad%erse !art". SEC. . Contents of petition.2The !etition shall be entitled in the na&e of the !etitioner and shall show0 (a) that the !etitioner e$!ects to be a !art" to an action in a court of the ;hili!!ines but is !resentl" unable to brin( it or cause it to be brou(ht1 (b) the sub+ect &atter of the e$!ected action and his interest therein1 (c) the facts which he desires to establish b" the !ro!osed testi&on" and his reasons for desirin( to !er!etuate it1 (d) the na&es or a descri!tion of the !ersons he e$!ects will be ad%erse !arties and their addresses so far as known1 and (e) the na&es and addresses of the !ersons to be e$a&ined and the substance of the testi&on" which he e$!ects to elicit fro& each# and shall ask for an order authori-in( the !etitioner to take the de!ositions of the !ersons to be e$a&ined na&ed in the !etition for the !ur!ose of !er!etuatin( their testi&on". SEC. '. %otice and service.The !etitioner shall thereafter ser%e a notice u!on each !erson na&ed in the !etition as an e$!ected ad%erse !art"# to(ether with a co!" of the !etition# statin( that the !etitioner will a!!l" to the court# at a ti&e and !lace na&ed therein# for the order described in the !etition. )t least twent" ( >) da"s before the date of hearin( the notice shall

(b) The facts fro& which the inferences are deri%ed are !ro%en1 and (c) The co&bination of all the circu&stances is such as to !roduce a con%iction be"ond reasonable doubt.(.) SEC. .. Substantial evidence.In cases filed before ad&inistrati%e or 9uasi6+udicial bodies# a fact &a" be dee&ed established if it is su!!orted b" substantial e%idence# or that a&ount of rele%ant e%idence which a reasonable

be ser%ed in the &anner !ro%ided for ser%ice of su&&ons. SEC. ,. Order of e,amination.If the court is satisfied that the !er!etuation of the testi&on" &a" !re%ent a failure or dela" of +ustice# it shall &ake an order desi(natin( or describin( the !ersons whose de!osition &a" be taken and s!ecif"in( the sub+ect &atter of the e$a&ination# and whether the de!ositions shall be taken u!on oral e$a&ination or written interro(atories. The de!ositions &a" then be taken in accordance with Rule , before the hearin(. SEC. .. Reference to court.?or the !ur!ose of a!!l"in( Rule , to de!osition for !er!etuatin( testi&on"# each reference therein to the court in which the action is !endin( shall be dee&ed to refer to the court in which the !etition for such de!osition was filed. SEC. /. 'se of deposition.If a de!osition to !er!etuate testi&on" is taken under this rule# or if# althou(h not so taken# it would be ad&issible in e%idence# it &a" be used in an" action in%ol%in( the sa&e sub+ect &atter subse9uentl" brou(ht in accordance with the !ro%isions of Sections , and . of Rule ,. SEC. :. +epositions pending appeal.If an a!!eal has been taken fro& a +ud(&ent of the Re(ional Trial