RULES OF CIVIL PROCEDURE RULE 1 Sec. 2. In what courts applicable.

These Rules shall apply in all the courts, except as otherwise provided by the Supre e !ourt. Sec. ". Cases governed. These Rules shall #overn the procedure to be observed in actions, civil or cri inal, and special proceedin#s. $a% & civil action is one by which a party sues another 'or the en'orce ent or protection o' a ri#ht, or the prevention or redress o' a wron#. & civil action ay either be ordinary or special. (oth are #overned by the rules 'or ordinary civil actions, sub)ect to the speci'ic rules prescribed 'or a special civil action. $b% & cri inal action is one by which the State prosecutes a person 'or an act or o ission punishable by law. $c% & special proceedin# is a re edy by which a party see*s to establish a status, a ri#ht, or a particular 'act. !ivil action + one by which a party sues another 'or the en'orce ent or protection o' a ri#ht, or the prevention or redress o' a wron# !ri inal action + one by which the State prosecutes a person 'or an act or o ission punishable by law. Special proceedin# + a re edy by which a party see*s to establish a status, a ri#ht, or a particular 'act Special civil actions are called so because special rules #overn. Sec. ,. In what cases not applicable. These Rules shall not apply to election cases, land re#istration, cadastral, naturali-ation and insolvency proceedin#s, and other cases not herein provided 'or, except by analo#y or in a suppletory character and whenever practicable and convenient. !ases where the Rules apply only by analo#y or suppletorily 1. 2. ". ,. .. /. election cases land re#istration cadastral naturali-ation and insolvency proceedin#s, and other cases not herein provided 'or

Sec. . Cause of action, defined. & cause o' action is the act or o ission by which a party violates a ri#ht o' another. !&USE 34 &!T035 + act or o ission by which a party violates a ri#ht o' another. Sec. %. One suit for a single cause of action. & party ay not institute ore than one suit 'or a sin#le cause o' action. Sec. &. Splitting a single cause of action; effect of. 0' two or ore suits are instituted on the basis o' the sa e cause o' action, the 'ilin# o' one or a )ud# ent upon the erits in any one is available as a #round 'or the dis issal o' the others. & plainti'' can not split a sin#le cause o' action, but he ay )oin several causes o' action a#ainst the sa e de'endant, sub)ect to the 'ollowin# rules6 1. ust co ply with the rules on )oinder o' parties 2. )oinder shall not include special civil actions or actions #overned by special rules $e.#. su ary procedure% ". where the causes o' action are between the sa e parties but pertain to di''erent venues or )urisdictions, the )oinder ay be allowed in the RT! provided a. one o' the causes o' action 'alls within the )urisdiction o' the RT! court and b. the venue lies within such RT! ,. where the clai s in all the causes o' action are principally 'or recovery o' oney, the a##re#ate a ount clai ed shall be the test o' )urisdiction. RULE % ' PAR(IES (O CIVIL AC(IO)S Section 1. Who may be parties; plaintiff and defendant. 3nly natural or )uridical persons, or entities authori-ed by law ay be parties in a civil action. The ter 7plainti''8 ay re'er to the clai in# party, the counter9clai ant, the cross9 clai ant, or the third $'ourth, etc.%9party plainti''. The ter 7de'endant8 ay re'er to the ori#inal de'endin# party, the de'endant in a counterclai , the cross9de'endant, or the third $'ourth, etc.%9party de'endant. Sec. 2. Parties in interest. & real party in interest is the party who stands to be bene'ited or in)ured by the )ud# ent in the suit, or the party entitled to the avails o' the suit. Unless otherwise authori-ed by law or these Rules, every action ust be prosecuted or de'ended in the na e o' the real party in interest. Sec. ". Representatives as parties. :here the action is allowed to be prosecuted or de'ended by a representative or so eone actin# in a 'iduciary capacity, the bene'iciary shall be included in the title o' the case and shall be dee ed to be the real party in interest. & representative ay be a trustee o' an express trust, a #uardian, an executor or ad inistrator, or a party authori-ed by law or these Rules. &n a#ent actin# in his own na e and 'or the bene'it o' an undisclosed principal ay sue or be sued without )oinin# the principal except when the contract involves thin#s belon#in# to the principal. Sec. ,. pouses as parties. ;usband and wi'e shall sue or be sued )ointly, except as provided by law. Sec. .. !inor or incompetent persons. & inor or a person alle#ed to be inco petent, ay sue or be sued, with the assistance o' his 'ather, other, #uardian, or i' he has none, a #uardian ad lite . Rule on per issive )oinder o' parties + &ll persons in who or a#ainst who any ri#ht to relie' in respect to or arisin# out o' the sa e transaction or series o' transactions is alle#ed to exist, whether )ointly, severally, or in the alternative, ay )oin as plainti''s or be )oined as de'endants in one co plaint, where any 2uestion o' law or 'act co on to all such plainti''s or to all such de'endants ay

Sec. 5. Commencement of action. & civil action is co enced by the 'ilin# o' the ori#inal co plaint in court. 0' an additional de'endant is i pleaded in a later pleadin#, the action is co enced with re#ard to hi on the date o' the 'ilin# o' such later pleadin#, irrespective o' whether the otion 'or its ad ission, i' necessary, is denied by the court. A. Ordinary Civil Actions (Rules !5" #inds o$ actions Real action + the sub)ect atter o' the action is real property $e.#. 'oreclosure o' real ort#a#e% 1ersonal action + the sub)ect atter o' the action is personal property $e.#. 'oreclosure o' chattel ort#a#e% &ction in persona the parties &ction in re world + the decision is en'orceable only a#ainst

+ the decision is en'orceable a#ainst the whole + & real action ay still be an action in

&ction 2uasi in re persona . Rule

Section 1. Ordinary civil actions, basis of. Every ordinary civil action ust be based on a cause o' action.

arise in the action. <is)oinder o' causes o' action is not a #round to dis iss a case. The proper re edy is to severe the other cause o' action and to try separately. =Rule /> Sec. ?. Compulsory "oinder of indispensable parties. 1arties in interest without who no 'inal deter ination can be had o' an action shall be )oined either as plainti''s or de'endants. 0ndispensable parties parties in interest without who no 'inal deter ination can be had o' an action. 4ailure to i plead an indispensable party is #round to dis iss the case. 5ecessary party + one who is not indispensable but who ou#ht to be )oined as a party i' co plete relie' is to be accorded as to those already parties, or 'or a co plete deter ination or settle ent o' the clai sub)ect o' the action. 4ailure to i plead a necessary party is a waiver o' the clai a#ainst such party. 0t is not #round to dis iss the case. =Sec. @> Sec. A. #on$"oinder of necessary parties to be pleaded. :henever in any pleadin# in which a clai is asserted a necessary party is not )oined, the pleader shall set 'orth his na e, i' *nown, and shall state why he is o itted. Should the court 'ind the reason 'or the o ission un eritorious, it ay order the inclusion o' the o itted necessary party i' )urisdiction over his person ay be obtained. The 'ailure to co ply with the order 'or his inclusion, without )usti'iable cause, shall be dee ed a waiver o' the clai a#ainst such party. The non9inclusion o' a necessary party does not prevent the court 'ro proceedin# in the action, and the )ud# ent rendered therein shall be without pre)udice to the ri#hts o' such necessary party. Sec. 1B. %nwilling co$plaintiff. 0' the consent o' any party who should be )oined as plainti'' can not be obtained, he ay be ade a de'endant and the reason there'or shall be stated in the co plaint. Sec. 11. !is"oinder and non$"oinder of parties. 5either is)oinder nor non9)oinder o' parties is #round 'or dis issal o' an action. 1arties ay be dropped or added by order o' the court on otion o' any party or on its own initiative at any sta#e o' the action and on such ter s as are )ust. &ny clai a#ainst a is)oined party ay be severed and proceeded with separately. The non9)oinder o' a party which does not cause dis issal re'ers to necessary parties. 5on9)oinder o' an indispensable party is a #round to dis iss the action. Sec. 12. Class suit. :hen the sub)ect atter o' the controversy is one o' co on or #eneral interest to any persons so nu erous that it is i practicable to )oin all as parties, a nu ber o' the which the court 'inds to be su''iciently nu erous and representative as to 'ully protect the interests o' all concerned ay sue or de'end 'or the bene'it o' all. &ny party in interest shall have the ri#ht to intervene to protect his individual interest. Re2uisites o' a !lass Suit 1. the sub)ect atter o' the controversy is one o' co on or #eneral interest 2. to any persons so nu erous it is i practicable to )oin all as parties ". a nu ber o' the which the court 'inds to be su''iciently nu erous and representative as to 'ully protect the interests o' all concerned sues or de'ends 'or the bene'it o' all ,. &ny party in interest shall have the ri#ht to intervene to protect his individual interest. Sec. 1". &lternative defendants. :here the plainti'' is uncertain a#ainst who o' several persons he is entitled to relie', he ay )oin any or all o' the as de'endants in the alternative, althou#h a ri#ht to relie' a#ainst one ay be

inconsistent with a ri#ht o' relie' a#ainst the other. Sec. 1,. %n'nown identity or name of defendant. :henever the identity or na e o' a de'endant is un*nown, he ay be sued as the un*nown owner, heir, devisee, or by such other desi#nation as the case ay re2uireC when his identity or true na e is discovered, the pleadin# ust be a ended accordin#ly. Sec. 1.. (ntity without "uridical personality as defendant. :hen two or ore persons not or#ani-ed as an entity with )uridical personality enter into a transaction, they ay be sued under the na e by which they are #enerally or co only *nown. 0n the answer o' such de'endant, the na es and addresses o' the persons co posin# said entity ust all be revealed. 0' the de'endant dies be'ore a case ay be 'iled 1. 'or recovery o' su o' oney + 'ile a clai be'ore the estate proceedin#s, where the creditor will have to present evidence on the validity o' his clai C because the a ount sou#ht to be collected is de'inite 2. 'or recovery o' property + 'ile a separate case a#ainst the executorDad inistratorC because the a ount o' the clai is unli2uidated ". 'or da a#es 'or in)ury + 'ile a separate case be'ore the courts. 0' the de'endant dies 1. be'ore a case is 'iled 1. 'or recovery o' a su o' oney + 'ile a clai be'ore the estate proceedin#s, where the creditor will have to present evidence on the validity o' his clai 2. real action and action 'or da a#es + 'ile a separate case a#ainst the executorDad inistrator ". a'ter a case is 'iled but be'ore )ud# ent 1. 'or recovery o' a su o' oney + case shall not be dis issed but shall instead be allowed to continue until entry o' 'inal )ud# entC the )ud# ent is then 'iled as a clai in the estate proceedin#sC decedentEs le#al representative should be substituted 'or the decedent. 2. real action and action 'or da a#es 1% heirs o' the deceased ay be allowed to be substituted, without re2uirin# the appoint ent o' an executor or ad inistrator and the court ay appoint a #uardian ad lite 'or the inor heirs. 2% 0' no le#al representative appears, the court ay order the opposin# party, within a speci'ied ti e, to procure the appoint ent o' an executor or ad inistrator 'or the estate o' the deceased and the latter shall i ediately appear 'or and on behal' o' the deceased. 1riority to in the appoint ent to a% Survivin# spouse, or next o' *in b% one or ore o' the principal creditors, i' co petent and willin# to serve c% other person as the court ay select. "% in case con'lict o' interest where a creditor bein# appointed ad inistrator is to appoint a special ad inistrator where the creditor appointed will have to 'ile his own clai 1. a'ter )ud# ent but be'ore execution 1. 'or su o' oney + present the writ o' execution as a clai be'ore the probate court 2. real action and action 'or da a#es + substitute the de'endant with his

ad inistrator or executor, and en'orce the writ a#ainst hi without #oin# to the probate court ". a'ter levy on execution $applies only to recovery o' a su o' oney% + continue with the auction sale and the o''icer a*in# the sale shall deliver the proceeds to the plainti'', and account to the executor or ad inistrator 'or any excess. RULE 5 ' U)IFOR* PROCEDURE I) (RIAL COUR(S Rules on su ary procedure are applicable in the 'ollowin# cases be'ore the <T!s 1. !ivil cases 1. 'orcible entry and unlaw'ul detainer, re#ardless o' a ount o' da a#es $co pensation 'or use o' property% or unpaid rentals 2. except probate proceedin#s, civil cases where the total a ount o' the plainti''Es clai does not exceed 11B,BBB exclusive o' interest and costs. ". !ri inal cases 1. tra''ic violations 2. rental law violations ". unicipal or city ordinances violations ,. da a#e to property throu#h cri inal ne#li#ence, where the i posable 'ine does not exceed 11B,BBB .. penalty not exceedin# /9 onth i prison ent, or a 11,BBB 'ine Exceptions6 1. civil case where the plainti''Es cause o' action is pleaded in the sa e co plaint with another cause o' action sub)ect to the ordinary procedure 2. cri inal case where the o''ense char#ed is necessarily related to another cri inal case sub)ect to the ordinary procedure. Recall that cri inal cases that should under#o reconciliation proceedin#s under the Fatarun#an# 1a baran##ay are o''enses punishable by not ore than 1 year or a 'ine not over 1.,BBB There'ore nearly all su ary procedure cri inal cases #o throu#h the Fatarun#an# 1a bara##ay. Sec. 2. )etermination of applicability Upon 'ilin# o' the initiatory pleadin#, the court shall declare whether the case is #overned by the rule on su ary procedure. Civil Cases 1rocedure in su ary civil cases 1. co plaint is 'iled 2. court declares it 'alls under su ary procedure ". ay dis iss the case otu proprioC i' not, issue su ons ,. de'endant 'iles his answer within 1B days $de'enses and clai s not pleaded are waived, except lac* o' )urisdiction over sub)ect atter% .. answer to counterclai s or cross9clai s within 1B days 'ro service o' the answer /. preli inary con'erence not later than "B days a'ter the last answer is 'iledC absence o' 1. plainti'' + cause 'or the dis issal o' his co plaintC de'endant entitled to )ud# ent on his counterclai as i' plainti'' did not 'ile an answer to the counterclai C all cross9clai s dis issed 2. sole de'endant + plainti'' shall be entitled to )ud# ent as i' de'endant did not 'ile an answer ". 1 or so e o' any de'endants sued under a ust

co on cause o' action who had pleaded a co on de'ense + no adverse e''ect on the de'ense ,. the court issues record o' preli inary con'erence, within . days a'ter the ter ination o' the preli inary con'erence, coverin# 1. ter s o' any a icable settle ent 2. stipulations or ad issions entered into by the parties ". :hether, on the basis o' the pleadin#s and the stipulations and ad issions ade by the parties, )ud# ent ay be rendered without the need o' 'urther proceedin#s, in which event the )ud# ent shall be rendered within "B days 'ro issuance o' the order ,. aterial 'acts which re ain controverted .. atters intended to expedite the disposition o' the case. .. parties shall sub it the a''idavits o' their witnesses and other evidence on the 'actual issues de'ined in the order, to#ether with their position papers, within 1B days issuance o' record o' preli inary con'erence /. within "B days a'ter receipt o' the last a''idavits and position papers, or the expiration o' the period 'or 'ilin# the sa e, the court either 1. renders )ud# ent 2. re2uires clari'ication o' certain aterial 'acts, within 1B days 'ro receipt o' said orderC then render )ud# ent within 1. days 'ro receipt o' the last clari'icatory a''idavits, or the expiration o' the period 'or 'ilin# the sa e &. Pleadings allowed &llowable pleadin#s $ ust all be veri'ied% 1. 2. ". ,. co plaint co pulsory counterclai s cross9clai s in the answer answer

5ote that per issive counterclai s and "rd party co plaints are not allowed. Sec. .. &nswer. 9 :ithin ten $1B% days 'ro service o' su ons, the de'endant shall 'ile his answer to the co plaint and serve a copy thereo' on the plainti''. &''ir ative and ne#ative de'enses not pleaded therein shall be dee ed waived, except 'or lac* o' )urisdiction over the sub)ect atter. !ross9clai s and co pulsory counterclai s not asserted in the answer shall be considered barred. The answer to counterclai s or cross9clai s shall be 'iled and served within ten $1B% days 'ro service o' the answer in which they are pleaded. Sec. /. (ffect of failure to answer. 4ailure o' the de'endant to answer + the court shall render )ud# ent as ay be warranted by the 'acts alle#ed in the co plaint and li ited to what is prayed 'orC the court ay in its discretion reduce the a ount o' da a#es and attorneyEs 'ees clai ed 'or bein# excessive or otherwise unconscionable. 5ote that when the de'endant 'ails to answer in su ary procedure, the court ay otu propio rule 'or the plainti''. 0n ordinary civil actions, the court can do so only upon otion by the plainti'' to declare the de'endant in de'ault and a'ter plainti'' supports his clai with evidence. Sec. ?. Preliminary conference; appearance of parties. 9

5ot later than thirty $"B% days a'ter the last answer is 'iled, a preli inary con'erence shall be held. The rules on pre9trial in ordinary cases shall be applicable to the preli inary con'erence unless inconsistent with the provisions o' this Rule. The 'ailure o' the plainti'' to appear in the preli inary con'erence shall be a cause 'or the dis issal o' his co plaint. The de'endant who appears in the absence o' the plainti'' shall be entitled to )ud# ent on his counterclai in accordance with Section / hereo'. &ll cross9clai s shall be dis issed. 0' a sole de'endant shall 'ail to appear, the plainti'' shall be entitled to )ud# ent in accordance with Section / hereo'. This Rule shall not apply where one o' two or ore de'endants sued under a co on cause o' action who had pleaded a co on de'ense shall appear at the preli inary con'erence. G E''ect o' 'ailure to appear at the preli inary con'erence by 1. the plainti'' + cause 'or the dis issal o' his co plaintC de'endant who appears entitled to )ud# ent on his counterclai as ay be warranted by the 'acts alle#ed. &ll cross9clai s shall be dis issed. 2. the sole de'endant +plainti'' entitled to )ud# ent as ay be warranted by the 'acts alle#ed in his co plaint ". one o' any de'endants sued under a co on cause o' action who had pleaded a co on de'ense + case continues Sec. @. Record of preliminary conference. 9 :ithin 'ive $.% days a'ter the ter ination o' the preli inary con'erence, the court shall issue an order statin# the atters ta*en up therein, includin# but not li ited to6 a% :hether the parties have arrived at an a icable settle ent, and i' so, the ter s thereo'C b% The stipulations or ad issions entered into by the partiesC. c% :hether, on the basis o' the pleadin#s and the stipulations and ad issions ade by the parties, )ud# ent ay be rendered without the need o' 'urther proceedin#s, in which event the )ud# ent shall be rendered within thirty $"B% days 'ro issuance o' the orderC d% & clear speci'ication o' controvertedC and e% Such other the case. aterial 'acts which re ain

2.

". ,.

.. /. ?. @. A.

atters intended to expedite the disposition o'

Sec. A. ubmission of affidavits and position papers. 9 :ithin ten $1B% days 'ro receipt o' the order entioned in the next precedin# section, the parties shall sub it the a''idavits o' their witnesses and other evidence on the 'actual issues de'ined in the order, to#ether with their position papers settin# 'orth the law and the 'acts relied upon by the . Sec. 1B. Rendition of "udgment. 9 :ithin thirty $"B% days a'ter receipt o' the last a''idavits and position papers, or the expiration o' the period 'or 'ilin# the sa e, the court shall render )ud# ent. ;owever should the court 'ind it necessary to clari'y certain aterial 'acts, it ay, durin# the said period, issue an order speci'yin# the atters to be clari'ied, and re2uire the parties to sub it a''idavits or other evidence on the said atters within ten $1B% days 'ro receipt o' said order. Hud# ent shall be rendered within 'i'teen $1.% days a'ter the receipt o' the last clari'icatory a''idavits, or the expiration o' the period 'or 'ilin# the sa e. The court shall not resort to the clari'icatory procedure to #ain ti e 'or the rendition o' the )ud# ent. Cri+inal Cases Su ary 1rocedure in !ri inal cases 1. 0nitiated either by co plaint or in'or ation $only by in'or ation, in <etro <anila and !hartered cities,

except when the o''ense cannot be prosecuted de o'icio% &s any copies o' the in'or ation or co plaint, with a''idavits o' co plainant and his witnesses, as there are accused plus 2, within . days 'ro 'ilin#C otherwise the case ay be dis issed !ourt declares i' the case is covered by the rule on su ary procedure 0' co enced by co plaint and patently without basis or erit, court ay dis iss the caseC otherwise, court re2uires accused to sub it his counter9a''idavit and the a''idavits o' his witnesses and any evidence in his behal' 4ilin# and service on prosecution o' de'enseEs evidence within 1B days 'ro receipt o' the order prosecution ay 'ile reply a''idavits within 1B days a'ter receipt o' the counter9a''idavits o' the de'ense. !ourt either dis isses the case, or set arrai#n ent and trial 0' the accused is in custody 'or the cri e char#ed, he shall be i ediately arrai#ned and i' he enters a plea o' #uilty, he shall 'orthwith be sentenced. 1reli inary con'erence 1. no ad ission by the accused shall be used a#ainst hi unless reduced to writin# and si#ned by the accused and his counsel 2. parties ust ani'est intention to present additional a''idavits or counter9a''idavits as part o' his direct evidence, and it should be allowed by the courtC 'iled and served within " days a'ter the ter ination o' the preli inary con'erenceC accused ay 'ile and serve his counter9a''idavits within " days 'ro such service. ". Trial + the a''idavits sub itted by the parties shall constitute the direct testi onies, sub)ect to cross9exa ination, redirect or re9cross exa inationC 'ailure o' a''iant to testi'y will render his a''idavit inco petent 'or the o''eror, but ad issible 'or the opposin# partyC witnesses ust sub it a''idavits be'ore testi'yin#, except on rebuttal or surrebuttal ,. &ccused shall not be arrested, except 'or 'ailure to appear when re2uiredC &ccused ay be released either on bail or reco#ni-ance .. the court renders )ud# ent within "B days a'ter the ter ination o' trial.

5ote that preli inary con'erence is re2uired in both civil and cri inal cases. 0n cri inal cases, there is hearin# and actual trial. 0n civil cases, only the pleadin#s, a''idavit, evidence, and position papers are considered. There is no hearin# or trial in su ary civil cases. 3nly those who have executed a''idavits ay testi'y on the stand, except rebuttal and sur9rebuttal witnesses. Sec. 11. *ow commenced. 9 The 'ilin# o' cri inal cases 'allin# within the scope o' this Rule shall be either by co plaint or by in'or ation6 1rovided, however, that in <etropolitan <anila and in !hartered !ities. such cases shall be co enced only by in'or ation, except when the o''ense cannot be prosecuted de o'icio. The co plaint or in'or ation shall be acco panied by the a''idavits o' the co plainant and o' his witnesses in such nu ber o' copies as there are accused plus two $2% copies 'or the courtEs 'iles. 0' this re2uire ent is not co plied with within 'ive $.% days 'ro date o' 'ilin#, the case ay be dis issed. Sec. 12. )uty of court. 9 $a% If commenced by compliant. 9 3n the basis o' the

co pliant and the a''idavits and other evidence acco panyin# the sa e, the court ay dis iss the case outri#ht 'or bein# patently without basis or erit and order the release o' the accused i' in custody. $b% If commenced by information. 9 :hen the case is co enced by in'or ation, or is not dis issed pursuant to the next precedin# para#raph, the court shall issue an order which, to#ether with copies o' the a''idavits and other evidence sub itted by the prosecution, shall re2uire the accused to sub it his counter9a''idavit and the a''idavits o' his witnesses as well as any evidence in his behal', servin# copies thereo' on the co plainant or prosecutor not later than ten $1B% days 'ro receipt o' said order. The prosecution ay 'ile reply a''idavits within ten $1B% days a'ter receipt o' the counter9a''idavits o' the de'ense. + ,round for motu propio dismissal of criminal case covered by summary procedure initiated by complaint - patently without basis or merit. .he court can not dismiss a criminal case outright if it is commenced by information. Sec. 1". &rraignment and trial. 9 Should the court, upon a consideration o' the co plaint or in'or ation and the a''idavits sub itted by both parties, 'ind no cause or #round to hold the accused 'or trial, it shall order the dis issal o' the caseC otherwise, the court shall set the case 'or arrai#n ent and trial. 0' the accused is in custody 'or the cri e char#ed, he shall be i ediately arrai#ned and i' he enters a plea o' #uilty, he shall 'orthwith be sentenced. Sec. 1,. Preliminary conference. 9 (e'ore conductin# the trial, the court shall call the parties to a preli inary con'erence durin# which a stipulation o' 'acts ay be entered into, or the propriety o' allowin# the accused to enter a plea o' #uilty to a lesser o''ense ay be considered, or such other atters ay be ta*en up to clari'y the issues and to ensure a speedy disposition o' the case. ;owever, no ad ission by the accused shall be used a#ainst hi unless reduced to writin# and si#ned by the accused and his counsel. & re'usal or 'ailure to stipulate shall not pre)udice the accused. Sec. 1.. Procedure of trial. 9 &t the trial, the a''idavits sub itted by the parties shall constitute the direct testi onies o' the witnesses who executed the sa e. :itnesses who testi'ied ay be sub)ected to cross9exa ination, redirect or re9cross exa ination. Should the a''iant 'ail to testi'y, his a''idavit shall not be considered as co petent evidence 'or the party presentin# the a''idavit, but the adverse party ay utili-e the sa e 'or any ad issible purpose. Except on rebuttal or surrebuttal, no witness shall be allowed to testi'y unless his a''idavit was previously sub itted to the court in accordance with Section 12 hereo'. ;owever, should a party desire to present additional a''idavits or counter9a''idavits as part o' his direct evidence, he shall so ani'est durin# the preli inary con'erence, statin# the purpose thereo'. 0' allowed by the court, the additional a''idavits o' the prosecution or the counter9a''idavits o' the de'ense shall be sub itted to the court and served on the adverse party not later than three $"% days a'ter the ter ination o' the preli inary con'erence. 0' the additional a''idavits are presented by the prosecution, the accused ay 'ile his counter9a''idavits and serve the sa e on the prosecution within three $"% days 'ro such service. Sec. 1/. &rrest of accused. 9 The court shall not order the arrest o' the accused except 'or 'ailure to appear whenever re2uired. Release o' the person arrested shall either be on bail or on reco#ni-ance by a responsible citi-en acceptable to the court. Sec. 1?. /udgment. 9 :here a trial has been conducted, the court shall pro ul#ate the )ud# ent not later than thirty $"B% days a'ter the ter ination o' trial. Sec. 1@. Referral to 0upon. 9 !ases re2uirin# re'erral to the Lupon 'or conciliation under the provisions o' 1residential

Iecree 5o. 1.B@ where there is no showin# o' co pliance with such re2uire ent, shall be dis issed without pre)udice and ay be revived only a'ter such re2uire ent shall have been co plied with. This provision shall not apply to cri inal cases where the accused was arrested without a warrant. 4ailure to co ply with Fatarun#an# 1a baran##ay when re2uired is #round 'or dis issal o' the co plaint, unless the accused was arrested without a warrant. G Prohibited pleadings and motions (Section 19): 1. <otion to dis iss the co plaint or to 2uash the co plaint or in'or ation, except on the #round o' lac* o' )urisdiction over the sub)ect atter, or 'ailure to co ply with the Fatarun#an# 1a baran##ay 2. <otion 'or a bill o' particulars ". <5T, or <'R, or otion 'or openin# o' trial ,. 1etition 'or relie' 'ro )ud# ent .. <otion 'or extension o' ti e to 'ile pleadin#s, a''idavits or any other paper /. <e oranda ?. 1etition 'or certiorari, anda us, or prohibition a#ainst any interlocutory order issued by the court @. <otion to declare the de'endant in de'ault A. Iilatory otions 'or postpone ent 1B.Reply 11. Third party co plaints 12.0nterventions. Sec. 2B. &ffidavits. 9 The a''idavits re2uired to be sub itted under this Rule shall state only 'acts o' direct personal *nowled#e o' the a''iants which are ad issible in evidence, and shall show their co petence to testi'y to the atters stated therein. & violation o' this re2uire ent ay sub)ect the party or the counsel who sub its the sa e to disciplinary action, and shall be cause to expun#e the inad issible a''idavit or portion thereo' 'ro the record. G Special re2uire ent 'or a''idavits under su ary procedure6 ust state only ad issible evidence and show their co petence to testi'y on such atters. 3therwise, the o''erin# party or counsel ay be sub)ect to disciplinary action and the inad issible portion is expun#ed. Sec. 21. &ppeal. 9 The )ud# ent or 'inal order shall be appealable to the appropriate re#ional trial court which shall decide the sa e in accordance with Section 22 o' (atas 1a bansa (l#. 12A. The decision o' the re#ional trial court in civil cases #overned by this Rule, includin# 'orcible entry and unlaw'ul detainer, shall be i ediately executory, without pre)udice to a 'urther appeal that ay be ta*en there'ro . Section 1B o' Rule ?B $o' the 1A/, Rules o' !ourt% shall be dee ed repealed. Su ary decisions are appealable to the RT!. RT! decision in e)ect ent cases are i ediately executory.

RULES , ' --. #I)DS OF PLEADI)/S 1leadin#s are the written state ents o' the respective clai s and de'enses o' the parties sub itted to the court 'or appropriate )ud# ent. The co plaint is the pleadin# alle#in# the plainti''Es cause or causes o' action. The na es and residences o' the plainti'' and de'endant ust be stated in the co plaint. &n answer is a pleadin# in which a de'endin# party sets 'orth his de'enses. De$enses $a% & ne#ative de'ense is the speci'ic denial o' the aterial 'act or 'acts alle#ed in the pleadin# o' the clai ant essential to his cause or causes o' action.

$b% An a$$ir+ative de$ense is an alle#ation o' a new atter which, while hypothetically ad ittin# the aterial alle#ations in the pleadin# o' the clai ant, would nevertheless prevent or bar recovery by hi . The a''ir ative de'enses include 'raud, statute o' li itations, release, pay ent, ille#ality, statute o' 'rauds, estoppel, 'or er recovery, dischar#e in ban*ruptcy, and any other atter by way o' con'ession and avoidance. & counterclai is any clai which a de'endin# party a#ainst an opposin# party. ay have

& co pulsory counterclai is one which, bein# co#ni-able by the re#ular courts o' )ustice, arises out o' or is connected with the transaction or occurrence constitutin# the sub)ect atter o' the opposin# partyEs clai and does not re2uire 'or its ad)udication the presence o' third parties o' who the court cannot ac2uire )urisdiction. Such a counterclai ust be within the )urisdiction o' the court both as to the a ount and the nature thereo', except that in an ori#inal action be'ore the Re#ional Trial !ourt, the counterclai ay be considered co pulsory re#ardless o' the a ount. & cross9clai is any clai by one party a#ainst a co9party arisin# out o' the transaction or occurrence that is the sub)ect atter either o' the ori#inal action or o' a counterclai therein. Such cross9clai ay include a clai that the party a#ainst who it is asserted is or ay be liable to the cross9clai ant 'or all or part o' a clai asserted in the action a#ainst the cross9clai ant. Counterclai+ is any clai which a de'endin# party a#ainst an opposin# party Re2uire ents 'or a co pulsory counterclai 6 1. arises out o' or is connected with the transaction or occurrence constitutin# the sub)ect atter o' the opposin# partyEs clai 2. does not re2uire 'or its ad)udication the presence o' third parties o' who the court cannot ac2uire )urisdiction. ". ust be within the )urisdiction o' the court both as to the a ount and the nature 0n an ori#inal action be'ore the RT!, a counterclai ay be considered co pulsory re#ardless o' the a ount. & per issive counterclai ust also be within the )urisdiction o' the court, and ust not re2uire the presence o' " rd parties over who the court can not ac2uire )urisdiction. 0t ust not be connected with the transaction or occurrence constitutin# the sub)ect atter o' the opposin# partyEs clai , otherwise, it would be a co pulsory counterclai . Cross!clai+ is any clai by one party a#ainst a co9party arisin# out o' the transaction or occurrence that is the sub)ect atter either o' the ori#inal action or o' a counterclai therein. & re0ly is a pleadin#, the o''ice or 'unction o' which is to deny, or alle#e 'acts in denial or avoidance o' new atters alle#ed by way o' de'ense in the answer and thereby )oin or a*e issue as to such new atters. 0' a party does not 'ile such reply, all the new atters alle#ed in the answer are dee ed controverted. 0' the plainti'' wishes to interpose any clai s arisin# out o' the new atters so alle#ed, such clai s shall be set 'orth in an a ended or supple ental co plaint. & third $'ourth, etc.%9party co plaint is a clai that a de'endin# party ay, with leave o' court, 'ile a#ainst a person not a party to the action, called the third $'ourth, etc.%9party de'endant, 'or contribution, inde nity, subro#ation or any other relie', in respect o' his opponentEs clai . )ecessary 0arties + :hen the presence o' parties other than those to the ori#inal action is re2uired 'or the #rantin# o' co plete relie' in the deter ination o' a counterclai or cross9clai , the court shall order the to be brou#ht in as de'endants, i' )urisdiction over the can be obtained. RULE 1 ' PAR(S OF A PLEADI)/ Si2ni$icance o$ counsel3s si2nature ay have

1. The si#nature o' counsel constitutes a certi'icate by hi that he has read the pleadin#C that to the best o' his *nowled#e, in'or ation, and belie' there is #ood #round to support itC and that it is not interposed 'or delay. 2. &n unsi#ned pleadin# produces no le#al e''ect. ;owever, the court ay, in its discretion, allow such de'iciency to be re edied i' it shall appear that the sa e was due to ere inadvertence and not intended 'or delay. ". !ounsel who deliberately 'iles an unsi#ned pleadin#, or si#ns a pleadin# in violation o' this Rule, or alle#es scandalous or indecent atter therein, or 'ails to pro ptly report to the court a chan#e o' his address, shall be sub)ect to appropriate disciplinary action. Veri$ication + a''idavit by an a''iant that he has read the pleadin# and that the alle#ations therein are true and correct o' his personal *nowled#e or based on authentic records. 5ote that 7belie'8 as basis 'or veri'ication has been deleted by a 1 <ay 2BBB a end ent. based on 7in'or ation and belie',8 or upon 7*nowled#e, in'or ation and belie'8 is not su''icient veri'ication. 5ot all pleadin#s need to be veri'ied. Certi$ication a2ainst $oru+ s4o00in2 $applies to initiatory pleadin#sC de Leon6 and also to petitions 'or review, and petition 'or review on certiorari% 1. that he has not thereto'ore co enced any action or 'iled any clai involvin# the sa e issues in any court, tribunal or 2uasi9)udicial a#ency and, to the best o' his *nowled#e, no such other action or clai is pendin# therein 2. i' there is such other pendin# action or clai , a co plete state ent o' the present status thereo'C and ". i' he should therea'ter learn that the sa e or si ilar action or clai has been 'iled or is pendin#, he shall report that 'act within . days to the court wherein his a'oresaid co plaint or initiatory pleadin# has been 'iled 0' dis issal o' a case on the #round o' lac* o' certi'icate a#ainst 'oru shoppin# is silent, it is dee ed to be without pre)udice. 0' 'oru shoppin# was will'ul and deliberate, dis issal shall be with pre)udice. RULE 5 ' *A))ER OF *A#I)/ ALLE/A(IO)S I) PLEADI)/ <anner o' a*in# aver ents o' 1. 4raud or ista*e + particular 2. alice, intent, *nowled#e, or other condition o' the ind + #eneral 0' alle#ation o' 'raud or ista*e is not particular, the re edy is to 'ile a bill o' particulars. :here an action or de'ense is based on a docu ent, the substance o' such docu ent be set 'orth in the pleadin# and a copy thereo' attached as an exhibit. The opposin# party ust speci'ically deny such docu ent under oath, otherwise, the #enuineness and due execution o' the instru ent shall be dee ed ad itted. The rule applies only to 7pleadin#s,8 not otions. ;ence, an actionable docu ent in a <TI need not be denied under oath. 5ote that even docu ents on which a de'ense is based ust be denied under oath. This is an exception to the rule that all new atters in the answer are dee ed controverted by 'ailure to 'ile a reply. :hen denial under oath o' an actionable docu ent not re2uired

1. the adverse party is not a party to the instru ent 2. co pliance with an order 'or an inspection o' the ori#inal is re'used &lle#ations that ay be #eneral 1. ulti ate 'act, no evidentiary 'acts 2. pertinent provisions o' law on which a de'ense relies on ". conditions precedent ,. capacity or authority to sue and be sued, or le#al existence ust be averred .. <alice, intent, *nowled#e or other condition o' the ind /. )ud# ent o' another court or tribunal, do estic or 'orei#n ?. o''icial docu ent or o''icial act @. denial o' unli2uidated da a#es &lle#ations that ust be speci'ic

with pre)udice the action on the #round o' 'ailure to prosecute under Rule 1? Sec. ". E$$ects o$ de$ault 1. de'aultin# party still entitled to notice o' subse2uent proceedin#s, but not to ta*e part in the trial 2. de'aultin# party ay ove to set aside the order o' de'ault, provided 1. 'iled at any ti e a'ter notice o' de'ault and be'ore )ud# ent 2. otion ust be under oath ". proper showin# that 1% accident, 2% his 'ailure to answer was due to 'raud, ista*e or excusable ne#li#ence $4&<E%, and he has a eritorious de'ense

1. :hen so e o' several de'endin# parties answer and the others 'ail to do so, the court shall try the case a#ainst all upon the answers thus 'iled and render )ud# ent upon the evidence presented. 0' Rule "@ is no lon#er available, then use Rule ,? $&nnul ent o' Hud# ents or 4inal 3rders and Resolutions% Actions 74ere no de$aults allo7ed 1. annul ent 2. declaration o' nullity ". le#al separation RULE -- ' 89E) (O FILE RESPO)SIVE PLEADI)/S 84en res0onse to t4e $ollo7in2 0leadin2s +ust :e $iled 1. ain co plaint, third or 'ourth party co plaint + within 1. days a'ter service o' su ons, unless a di''erent period is 'ixed by the court 2. i' de'endant is a 'orei#n private )uridical entity and service o' su ons is ade on the #overn ent o''icial so desi#nated by law + within "B days a'ter receipt o' su ons by the 'orei#n entity ". a ended clai s 1. 1. days 'ro service o' a ended co plaint, i' a ended as a atter o' ri#ht 2. 1B days 'ro notice o' ad ission o' a ended co plaint, i' a ended with leave o' court $&n answer earlier 'iled ay serve as the answer to the a ended co plaint i' no new answer is 'iled% ". answer, counterclai or cross9clai + within 1B days 'ro service ,. supple ental co plaint + within 1B days 'ro notice o' the ad ittin# court order, unless a di''erent period is 'ixed by the court $answer to the co plaint shall serve as the answer to the supple ental co plaint i' no new or supple ental answer is 'iled%. Krounds to ad it an o itted counterclai by a end ent$be'ore )ud# ent% 1. 2. ". ,. oversi#ht inadvertence excusable ne#lect )ustice re2uires or cross9clai

1. Juestions as to le#al existence or capacity to sue and be sued 2. circu stances constitutin# 'raud or ista*e ust be stated with particularity ". substance o' an docu ent on which an action or de'ense is based ,. contest o' an actionable docu ent $under oath% .. denial o' plainti''Es alle#ations /. denial o' usurious interest $under oath% 4or an alle#ation that de'endant is 7without *nowled#e or in'or ation su''icient to 'or a belie' as to the truth o' a aterial aver ent ade in the co plaint8 to constitute denial, it ust be shown that the de'endant indeed was in no position to *now the truth o' the aver ent in the co plaint. (ut i' it can be de onstrated that he in 'act was in a position to *now, then the denial is ine''ective and the aver ent is dee ed ad itted. <atters that 1. 2. ". ,. .. ay be stric*en out 'ro a pleadin# sha or 'alse redundant i aterial i pertinent scandalous

RULE 6 ' EFFEC( OF FAILURE (O PLEAD Ie'enses appearin# on the co plaint which are not waived by 'ailure to plead, on which the court ay dis iss the clai 6 1. lac* o' )urisdiction over the sub)ect atter 2. another action pendin# between the sa e parties 'or the sa e cause $lis pendentia% ". action is barred by a prior )ud# ent $res ad)udicata% ,. Statute o' li itations Procedure $or declarin2 a de$endin2 0arty in de$ault 1. 2. ". ,. .. 'ailure to answer within the ti e allowed otion o' the clai in# party notice to the de'endin# party court declares the de'endin# party in de'ault !ourt either 1. re2uires the clai ant to sub it evidence $ ay be dele#ated to the cler* o' court%, or 2. renders )ud# ent #rantin# the clai ant such relie' as his pleadin# ay warrant, which shall not exceed the a ount prayed 'or or be di''erent in *ind 'ro that prayed 'or nor award unli2uidated da a#es

1% 2% "%

RULE - ' ;ILL OF PAR(ICULARS (ill o' particulars + de'inite state ent o' any atter which is not averred with su''icient de'initeness or particularity to enable the adverse party properly to prepare his responsive pleadin#. Procedure in :ill o$ 0articulars

The court has no authority to otu proprio declare a de'endant in de'ault. 0' the plainti'' does not ove to declare the de'endant in de'ault, the court ay otu proprio dis iss

1. application by an adverse party be'ore respondin# to a pleadin#, or within 1B days 'ro service o' the reply 2. cler* o' court brin#s it to the attention o' the court ". $no hearin# necessary% the court either 1. deny it outri#ht 2. #rant it outri#ht ". allow the parties the opportunity to be heard ,. 0' the otion is #ranted, the co pliance therewith ust be e''ected within 1B days 'ro notice o' the order, unless a di''erent period is 'ixed by the court. .. The bill o' particulars ay be 'iled either in a separate or in an a ended pleadin#, servin# a copy thereo' on the adverse party /. &'ter service o' the bill o' particulars or o' a ore de'inite pleadin#, or a'ter notice o' denial o' his otion, the ovin# party ay 'ile his responsive pleadin# within the period to which he was entitled at the ti e o' 'ilin# his otion, which shall not be less than . days in any event. ?. 0' the order is not obeyed, or in case o' insu''icient co pliance, the court ay order the stri*in# out o' the pleadin# or the portions thereo' to which the order was directed or a*e such other order as it dee s )ust. @. & bill o' particulars beco es part o' the pleadin# 'or which it is intended. RULE -% ' FILI)/ A)D SERVICE OF PLEADI)/S< =UD/*E)(S A)D O(9ER PAPERS 4ilin# + the act o' presentin# the pleadin# or other paper to the cler* o' court. Service + the act o' providin# a party with a copy o' the pleadin# or paper concerned. 1. 0' any party has appeared by counsel, service should be upon his counsel, unless service upon the party hi sel' is ordered by the court. 2. :here one counsel appears 'or several parties, he shall only be entitled to one copy o' any paper served upon hi by the opposite side. Pa0ers re>uired to :e $iled and served 1. )ud# ent 2. resolution ". order ,. pleadin# subse2uent to the co plaint .. written otion /. notice ?. appearance @. de and A. o''er o' )ud# ent 1B.or si ilar papers Except court papers, resort to odes other than personal service ust be acco panied by a written explanation why the service or 'ilin# was not done personally, otherwise it is #round to consider the paper as not 'iled. (7o 7ays o$ $ilin2 1. personally presentin# the ori#inal copies to the cler* o' court, who shall endorse on the pleadin# the date and hour o' 'ilin# 2. sendin# the ori#inal copies by re#istered ail, the date o' the ailin# as shown by the post o''ice sta p on the envelope or the re#istry receipt, shall be considered as the date o' their 'ilin# 5ote that 'ilin# ay not be by ordinary ail or substituted service. These ethods are available only on service o' papers, not 'ilin#. Proo$ o$ $ilin2 1. its existence in the record o' the case

2. 0' it is not in the record, but is clai ed to have been 'iled 1. 1ersonally + written or sta ped ac*nowled# ent o' its 'ilin# by the cler* o' court on a copy 2. re#istered ail + by the 1% re#istry receipt, and 2% a''idavit o' the person who did the 'ull state ent o' ailin#, containin# a ail

a% the date and place o' depositin# the in the post o''ice b% c% d% in a sealed envelope addressed to the court with posta#e 'ully prepaid

e% with instructions to the post aster to return the the sender a'ter 1B days i' not delivered Four +odes o$ service o$ 0a0ers

ail to

1. personal + co plete upon delivery 2. Re#istered ail + co plete upon actual receipt, or a'ter . days receipt o' 'irst notice o' the post aster, whichever is earlier ". ordinary ail + co plete upon expiration o' 1B days a'ter ailin#, unless the court otherwise provides ,. substituted service + co plete upon delivery to the cler* o' court Priorities in 0ersonal service o$ 0a0ers 1. leavin# it in his o''ice with his cler* or with a person havin# char#e thereo' 2. i' not possible, then by leavin# the copy, between @ a. . to / p. . at his residence, with a person o' su''icient a#e and discretion then residin# therein Priorities in service :y +ail o$ 0a0ers 1. re#istered ail to o''ice, i' *nown 2. otherwise re#istered ail to residence, i' *nown ". 0' no re#istry service is available in the locality o' either the sender or the addressee, service ay be done by ordinary ail. Re>uisites $or su:stituted service o$ 0a0ers 1. service can not be ade personally or by ail 2. the o''ice and residence o' the party or his counsel bein# un*nown ". deliver a copy to the cler* o' court ,. with proo' o' 'ailure o' both personal service and service by ail $certi'ied or sworn copy o' the notice #iven by the post aster to the addressee% Sec. 1". Proof of service. 1roo' o' personal service shall consist o' a written ad ission o' the party served, or the o''icial return o' the server, or the a''idavit o' the party servin#, containin# a 'ull state ent o' the date, place and anner o' service. 0' the service is by ordinary ail, proo' thereo' shall consist o' an a''idavit o' the person ailin# o' 'acts showin# co pliance with section ? o' this Rule. 0' service is ade by re#istered ail, proo' shall be ade by such a''idavit and the re#istry receipt issued by the ailin# o''ice. The re#istry return card shall be 'iled i ediately upon its receipt by the sender, or in lieu thereo' the unclai ed letter to#ether with the certi'ied or sworn copy o' the notice #iven by the post aster to the addressee. RULE -& ' SU**O)S Contents o$ a su++ons 1. na es o' the court and parties to the action 2. a direction that the de'endant answer within the ti e 'ixed by these Rules ". a notice that unless the de'endant so answers,

plainti'' will ta*e )ud# ent by de'ault and ay be #ranted the relie' applied 'or. ,. copy o' the co plaint and order 'or appoint ent o' #uardian ad lite , i' any Procedure in su++ons 1. 'ilin# o' the co plaint and the pay ent o' the re2uisite le#al 'ees 2. the cler* o' court issues the correspondin# su ons to the de'endants ". su ons served by 1. the sheri'' 2. his deputy ". other proper court o''icer, or ,. any suitable person authori-ed by the court issuin# the su ons, 'or )usti'iable reasons .. 0' 1. service has been co pleted + within . days 'ro service, the server shall 1% re#istered serve a copy o' the return, personally or by ail, to the plainti''Es counsel and

1. the action is in re or 2uasi in re 2. de'endantEs identity or whereabouts 1. are un*nown and 2. cannot be ascertained by dili#ent in2uiry ". with leave o' court Re>uisites $or e?traterritorial service 1. Either 1. de'endant does not reside and is not 'ound in the 1hilippines, or 2. de'endant ordinarily resides within the 1hilippines, but who is te porarily out o' it ". action either 1. a''ects the personal status o' the plainti'' or 2. relates to, or the sub)ect o' which is, property within the 1hilippines 1% interest, or in which the de'endant has or clai s a lien or

2% return the su ons to the cler* who issued it, acco panied by proo' o' service 1. 0' a su ons is returned without bein# served on any or all o' the de'endants 1% server shall serve a copy o' the return on the plainti''Es counsel, statin# the reasons 'or the 'ailure o' service within . days there'ro 2% an alias su the cler*, on de and o' the plainti'', ay issue ons $also i' su ons has been lost%

2% in which the relie' de anded consists, wholly or in part, in excludin# the de'endant 'ro any interest therein, or "% attached belon#s to the de'endant and has been

1. leave o' court 2. the order shall speci'y a reasonable ti e, which shall not be less than /B days a'ter notice, within which the de'endant ust answer &ctions in re or 2uasi in re 1. a''ects the personal status o' the plainti'' or 2. relates to, or the sub)ect o' which is, property within the 1hilippines 1. in which the de'endant has or clai s a lien or interest, actual or contin#ent, or 2. in which the relie' de anded consists, wholly or in part, in excludin# the de'endant 'ro any interest therein, or ". belon#in# to the de'endant and has been attached ;ow extraterritorial service o' su leave o' court ons e''ected + with

t4e rules on su++ons on de$endant 74o is a 1. resident 1. 1resent in the 1hilippines 1% 2% "% 1ersonal service $Rule 1,, Sec. /% Substituted service $Rule 1,, Sec. ?% 1ublication, but only i'

a% his identity or whereabouts is un*nown $Rule 1,, Sec. 1,%, &5I b% the action is in re or 2uasi in re =Citi1en urety v. !elencio$*errera, "@ S!R& "/A $1A?1%> 1. &bsent 'ro 1% the 1hilippines Substituted service $Rule 1,, Sec. ?%

2% Extraterritorial service LRule 1,, Sec. 1/ and 1.C action need not be in re or 2uasi in re =2almonte v. C&, 2.2 S!R& A2 $1AA/%>M 1. non9resident 1. 1resent in the 1hilippines 1% 2% 1ersonal service $Rule 1,, Sec. /% Substituted service $Rule 1,, Sec. ?% 1. &bsent 'ro the 1hilippines

1. by personal service out o' the 1hilippines 2. by publication with copy o' the su ons and order o' the court shall be sent by re#istered ail to the last *nown address o' the de'endant, or ". in any other anner the court ay dee su''icient 1. e.#. service by re#istered ail where re#istry return shows actual receipt =Carriaga, /r. v. !alaya, 1," S!R& ,,1 $1A@/%> 2. ust be ade outside the 1hilippines =2almonte v. C&, 2.2 S!R& A2 $1AA/%> RULE -, ' *O(IO) (O DIS*ISS Section 1. ,rounds. :ithin the ti e 'or but be'ore 'ilin# the answer to the co plaint or pleadin# assertin# a clai , a otion to dis iss ay be ade on any o' the 'ollowin# #rounds6 $a% That the court has no )urisdiction over the person o' the de'endin# partyC $b% That the court has no )urisdiction over the sub)ect atter o' the clai C $c% That venue is i properly laidC $d% That the plainti'' has no le#al capacity to sueC $e% That there is another action pendin# between the sa e parties 'or the sa e causeC

1% &ction in re or 2uasi in re + only Extraterritorial service $Rule 1,, Sec. 1.% 2% &ction in persona , and )ud# ent can not be secured by attach ent $e.#. action 'or in)unction% a% wait 'or the de'endant to co e to the 1hilippines and to serve su ons then b% bait the de'endant to voluntarily appear in court $Rule 1,, Sec. 2B% c% plainti'' can 53T resort to extraterritorial service o' su ons =3awasa'i Port ervices v. &mores, 1AA S!R& 2"B $1AA1%, and )ial Corporation v. oriano, 1/1 S!R& ?"? $1A@@%>. Re>uisites $or service :y 0u:lication

$'% That the cause o' action is barred by a prior )ud# ent or by the statute o' li itationsC $#% That the pleadin# assertin# the clai actionC states no cause o'

". enter into stipulations or ad issions o' 'acts and o' docu ents

$h% That the clai or de and set 'orth in the plainti''Es pleadin# has been paid, waived, abandoned, or otherwise extin#uishedC $i% That the clai on which the action is 'ounded is unen'orceable under the provisions o' the statute o' 'raudsC and $)% That a condition precedent 'or 'ilin# the clai co plied with. RULE -1 ' DIS*ISSAL OF AC(IO)S /rounds $or dis+issal t4at :ar re$ilin2 1. cause o' action is barred by a prior )ud# ent 2. cause o' action is barred by the statute o' li itations ". clai or de and set 'orth in the plainti''Es pleadin# has been paid, waived, abandoned, or otherwise extin#uished ,. clai is unen'orceable under the statute o' 'rauds /rounds to dis+iss t4at t4e court +ay invo@e +otu 0ro0rio 1. 2. ". ,. the action is barred by a prior )ud# ent the action is barred by statute o' li itations no )urisdiction over the sub)ect atter there is another action pendin# between the sa e parties 'or the sa e cause has not been

Distinctions :et7een 0re!trial in civil and cri+inal cases !ivil 1re9trial <andatory !ri inal 1re9trial <andatory

1resence o' de'endant and &ccused need not be present, counsel andatory but his counsel ust be present, otherwise he ay be sanctioned & icable settle ent is discussed & icable settle ent is not discussed, unless the cri inal case is covered by su ary procedure

&#ree ent included in pre9 &#ree ents or ad issions trial order need not be in ust be written and si#ned by writin# the accused and counsel to be ad issible a#ainst hi . !an have pro''er o' evidence RULE - ' SU;POE)A Su:0oena is a process directed to a person re2uirin# hi to attend and to testi'y at the hearin# or the trial o' an action, or at any investi#ation conducted by co petent authority, or 'or the ta*in# o' his deposition. 0t ay also re2uire hi to brin# with hi any boo*s, docu ents, or other thin#s under his control, in which case it is called a subpoena duces tecu . /rounds $or >uas4in2 a su:0oena duces tecu+ 1. unreasonable and oppressive, or 2. relevancy o' the ob)ect does not appear, or ". the person in whose behal' the subpoena is issued 'ails to advance the reasonable cost o' the production o' the ob)ect ,. witness 'ees and *ilo etra#e allowed by these Rules were not tendered when the subpoena was served /rounds $or >uas4in2 a su:0oena ad testi$icandu+ 1. the witness is not bound thereby 2. witness 'ees and *ilo etra#e allowed by these Rules were not tendered when the subpoena was served RULES % ' 6. *ODES OF DISCOVERA #inds o$ de0ositions 1. 2. ". ,. .. Iepositions 1endin# &ctions Iepositions (e'ore &ction or 1endin# &ppeal 0nterro#atories to 1arties &d ission by &dverse 1arty 1roduction or 0nspection o' Iocu ents o' Thin#s 1ro''er o' evidence only a'ter trial

RULE -5 ' PRE!(RIAL Section 1. When conducted. &'ter the last pleadin# has been served and 'iled, it shall be the duty o' the plainti'' to pro ptly ove ex parte that the case be set 'or pre9trial. $.a, R2B% 0t is now the plainti'' who 'or pre9trial. oves ex parte that the case be set andatory.

Sec. 2. #ature and purpose. The pre9trial is The court shall consider6

$a% The possibility o' an a icable settle ent or o' a sub ission to alternative odes o' dispute resolutionC $b% The si pli'ication o' the issuesC $c% The necessity or desirability o' a end ents to the pleadin#sC $d% The possibility o' obtainin# stipulations or ad issions o' 'acts and o' docu ents to avoid unnecessary proo'C $e% The li itation o' the nu ber o' witnessesC $'% The advisability o' a preli inary re'erence o' issues to a co issionerC $#% The propriety o' renderin# )ud# ent on the pleadin#s, or su ary )ud# ent, or o' dis issin# the action should a valid #round there'or be 'ound to existC $h% The advisability or necessity o' suspendin# the proceedin#sC and $i% Such other the action. atters as ay aid in the pro pt disposition o'

/. 1hysical and <ental Exa ination o' 1ersons (4e de0onent +ay :e e?a+ined re2ardin2 any +atter 1. not privile#ed, and 2. is relevant to the sub)ect o' the pendin# action &'ter notice is served 'or ta*in# a deposition by oral exa ination, upon otion seasonably ade by any party or by the person to be exa ined and 'or #ood cause shown, the court in which the action is pendin# ay a*e an order that 1. deposition shall not be ta*en

/rounds $or e?cused a:sence o$ a 0arty at t4e 0re!trial 1. valid cause is shown, or 2. a representative appears in his behal' 'ully authori-ed in writin# to 1. enter into an a icable settle ent 2. sub it to alternative odes o' dispute resolution, and

2. it ay be ta*en only at so e desi#nated place other than that stated in the notice ". it ay be ta*en only on written interro#atories ,. certain atters shall not be in2uired into .. the scope o' the exa ination shall be held with no one present except the parties to the action and their o''icers or counsel /. a'ter bein# sealed the deposition shall be opened only by order o' the court ?. secret processes, develop ents, or research need not be disclosed @. the parties shall si ultaneously 'ile speci'ied docu ents or in'or ation enclosed in sealed envelopes to be opened as directed by the court A. any other order which )ustice re2uires to protect the party or witness 'ro annoyance, e barrass ent, or oppression. Re>uisites $or a court order to ter+inate or li+it t4e sco0e and +anner o$ ta@in2 o$ t4e de0osition 1. otion or petition o' any party or o' the deponent 2. &t any ti e durin# the ta*in# o' the deposition ". showin# that the exa ination is bein# conducted in bad 'aith or to unreasonably to annoy, e barrass, or oppress the deponent or party ,. issued by the court in which the action is pendin# or the RT! o' the place where the deposition is bein# ta*en 0' the order ade ter inates the exa ination, it shall be resu ed therea'ter only upon the order o' the court in which the action is pendin#. Upon de and o' the ob)ectin# party or deponent, the ta*in# o' the deposition shall be suspended 'or the ti e necessary to a*e a notice 'or an order. 0n #rantin# or re'usin# such order, the court ay i pose upon either party or upon the witness the re2uire ent to pay such costs or expenses as the court ay dee reasonable. (4e de0osition +ay :e used a2ainst any 0arty 74o 1. was present or represented at the ta*in# o' the deposition, or 2. who had due notice 84en de0osition +ay :e used 1. &t the trial or 2. upon the hearin# o' 1. a otion or 2. an interlocutory proceedin# &ny deposition ay be used by any party 'or the purpose o' contradictin# or i peachin# the testi ony o' deponent as a witness. Instances 74en t4e de0osition o$ any 7itness +ay :e used :y t4e adverse 0arty $or any 0ur0ose 1. the deponent is a party 2. the deponent, at the ti e o' ta*in# the deposition, was an o''icer, director, or ana#in# a#ent o' a public or private corporation, partnership, or association which is a party Instances 74en t4e de0osition o$ any 7itness +ay :e used :y any 0arty $or any 0ur0ose 1. the witness is deadC or 2. the witness resides at a distance ore than 1BB *ilo eters 'ro the place o' trial or hearin# ". the witness is out o' the 1hilippines, unless it appears that his absence was procured by the o''eror ,. the witness is unable to attend or testi'y because o' a#e, sic*ness, in'ir ity, or i prison ent .. o''eror has been unable to procure the attendance o' the witness by subpoenaC or /. upon application and notice, that such exceptional circu stances exist as to a*e it desirable, in the interest o' )ustice and with due re#ard to the

i portance o' presentin# the testi ony o' witnesses orally in open court, to allow the deposition to be usedC ?. i' only part o' a deposition is o''ered in evidence by a party RULES %B!% . (RIAL Order o$ trial + the trial shall be li ited to the issues stated in the pre9trial order and shall proceed as 'ollows 1. plainti'' shall adduce evidence in support o' his co plaint 2. de'endant shall then adduce evidence in support o' his de'ense, counterclai , cross9clai and third9 party co plaint ". third9party de'endant, i' any, shall adduce evidence o' his de'ense, counterclai , cross9clai and 'ourth9party co plaintC ,. 'ourth9party, and so 'orth, i' any, shall adduce evidence o' the aterial 'acts pleaded by the C .. parties a#ainst who any counterclai or cross9 clai has been pleaded, shall adduce evidence in support o' their de'ense, in the order to be prescribed by the courtC /. The parties ay then respectively adduce rebuttin# evidence only, unless the court, 'or #ood reasons and in the 'urtherance o' )ustice, per its the to adduce evidence upon their ori#inal caseC and ?. Upon ad ission o' the evidence, the case shall be dee ed sub itted 'or decision, unless the court directs the parties to ar#ue or to sub it their respective e oranda or any 'urther pleadin#s. E?ce0tions to t4e order o$ trial 1. when separate trial o' any clai or issue is ordered 2. court otherwise directs 'or special reasons ". as deter ined by the court in case o' several de'endants or third9party de'endants, and so 'orth, havin# separate de'enses who appear by di''erent counsel RULE %% ' DE*URRER (O EVIDE)CE Distin2uis4 de+urrer to evidence in civil and cri+inal cases Ie urrer to Evidence in !ivil !ases Kround is6 4acts and law show no ri#ht to relie' 3n otion 0' denied + he has ri#ht to present evidence, no prior leave o' court re2uiredC 0' #ranted but reversed on appeal it is a waiver o' the ri#ht to present evidence Ie urrer to Evidence in !ri inal !ases #round is6 0nsu''icient evidence 3n otion or otu proprio 0' denied and <TI was 'iled without leave o' court + waiver o' ri#ht to present evidenceC 0' denied and <TI was 'iled with leave o' court + the accused ay adduce evidence in his de'ense

RULE %5 ' SU**ARA =UD/*E)( Procedure in su++ary Cud2+ents 1. otion served at least 1B days be'ore the ti e speci'ied 'or the hearin# 2. any opposin# a''idavits, depositions, or ad issions ust be served by the adverse party at least " days be'ore the hearin# ". hearin# ,. )ud# ent sou#ht shall be rendered 'orthwith i' the pleadin#s, supportin# a''idavits, depositions, and ad issions on 'ile, show that

1. except as to the a ount o' da a#es, there is no #enuine issue as to any aterial 'act and 2. the ovin# party is entitled to a )ud# ent as a atter o' law. ". i' )ud# ent is not rendered upon the whole case or 'or all the relie's sou#ht and a trial is necessary, the court ascertains what aterial 'acts 1. exist without substantial controversy, and 2. are actually and in #ood 'aith controverted ,. !ourt a*es an order speci'yin# the 'acts that appear without substantial controversy, includin# the extent to which the a ount o' da a#es or other relie' is not in controversy, and directin# such 'urther proceedin#s in the action as are )ust. .. The 'acts speci'ied as without substantial controversy shall be dee ed established, and the trial shall be conducted only on the controverted 'acts.

.. &nnul ent o' Hud# ents or 4inal 3rders and Resolutions $Rule ,?% 1eriod to appeal + interrupted by <5T or <'R 1. by notice o' appeal + within 1. days a'ter notice to appellant o' )ud# ent 2. by record on appeal + within "B days a'ter notice to appellant o' )ud# ent 5o extension o' ti e to 'ile <'R or <5T shall be allowed !ontents o' the notice o' appeal 'ro <T! 1. the parties to the appeal 2. the )ud# ent or 'inal order or part thereo' appealed 'ro , and ". the aterial dates showin# the ti eliness o' the appeal. 5ote that in notice appeal 'ro <T!, the court to which the appeal is ta*en need not be stated. 0n notice o' appeal 'ro the RT!, the court to which the appeal is ta*en is re2uired to be stated. & record on appeal shall be re2uired only in 1. in special proceedin#s and 2. other cases o' ultiple or separate appeals.

Distin2uis4 :et7een Cud2+ent on t4e 0leadin2s and su++ary Cud2+ent Hud# ent on the 1leadin#s &vailable only a clai ant There is no tender o' issue Su ary Hud# ent &vailable to both clai ant and de'endin# parties There is no #enuine issue

!ontents o' the record on appeal $sa e as in appeals 'ro RT!% 1. 'ull na es o' all the parties stated in the caption 2. include the )ud# ent or 'inal order 'ro which the appeal is ta*en ". in chronolo#ical order, copies o' only such related pleadin#s, petitions, otions and all interlocutory orders ,. such data as will show that the appeal was per'ected on ti e. .. 0' an issue o' 'act is to be raised on appeal, the record on appeal shall include by re'erence all the related evidence, testi onial and docu entary /. Sub)ect index when the record on appeal exceeds 2B pa#es 0n e)ect ent )ud# ents, execution is stayed only i' an appeal is ade to the RT!, supersedeas bond is 'iled and rentals continues to be paid pendin# appeal. 4ailure to pay rentals eans execution ensues. The a ount o' supersedeas bond should be the a ount o' bac* rentals. (ut 'urther appeal 'ro the RT! to the !&, execution can no lon#er be stayed. !ases that #o to the S! are by petition 'or review on certiorari. The only instance when a case can #o to the S! on notice o' appeal is in cri inal cases where the penalty i posed is reclusion perpetua, or li'e i prison ent. 4ro 2uasi9)udicial a#encies to the !&, the appeal is by petition 'or review. &ppeal by itsel' does not stay execution o' the decision. 0t is stayed only i' the !& issues a preli inary in)unction. 3n pure 2uestions o' law decided by RT! in its ori#inal )urisdiction, the appeal is directly to the S! by petition 'or review on certiorari. 1ure 2uestions o' law decided by RT! in its appellate )urisdiction, the appeal is still to the !&.

Hud# ent based on pleadin#s Hud# ent based on only pleadin#s, a''idavits, depositions, ad issions <otion 'or )ud# ent on the <otion 'or su ary )ud# ent pleadin#s ust be served at ust be served at least 1B least " days prior to the days prior to the scheduled scheduled hearin# hearin# RULES %1!%6 ' POS( =UD/*E)( /rounds $or ne7 trial :ithin the period 'or ta*in# an appeal when the 'ollowin# causes aterially a''ects the substantial ri#hts o' the a##rieved party 1. 4&<E which ordinary prudence could not have #uarded a#ainst and by reason o' which such a##rieved party has probably been i paired in his ri#htsC or 2. 5ewly discovered evidence, which he could not, with reasonable dili#ence, have discovered and produced at the trial, and which i' presented would probably alter the result. /rounds $or reconsideration + :ithin the sa e period 1. the da a#es awarded are excessive 2. the evidence is insu''icient to )usti'y the decision or 'inal order, or ". the decision or 'inal order is contrary to law RULES &B!&% ' APPEALS There are ? odes o' appeal under the !ivil 1rocedure 1. to the RT! 'ro the <T! + notice o' appeal $Rule ,B% 2. to the !& 'ro 1. the RT! in its ori#inal )urisdiction + notice o' appeal $Rule ,1% 2. the RT! in its appellate )urisdiction + petition 'or review $Rule ,2% ". 2uasi9)udicial a#encies + petition 'or review $Rule ,"% ,. to the S! + petition 'or review on certiorari $Rule ,.%

A00eal $ro+ t4e R(C (Rule &-" &n appeal ay be ta*en 'ro a )ud# ent or 'inal order that co pletely disposes o' the case, or o' a particular atter therein when declared by these Rules to be appealable. 5o appeal ay be ta*en 'ro 6

$a% &n order denyin# a

otion 'or new trial or reconsiderationC otion

!&

ay dis iss

$b% &n order denyin# a petition 'or relie' or any si ilar see*in# relie' 'ro )ud# entC $c% &n interlocutory orderC $d% &n order disallowin# or dis issin# an appealC

otu propio !& has to entertain the appeal

$e% &n order denyin# a otion to set aside a )ud# ent by consent, con'ession or co pro ise on the #round o' 'raud, ista*e or duress, or any other #round vitiatin# consentC $'% &n order o' executionC $#% & )ud# ent or 'inal order 'or or a#ainst one or ore o' several parties or in separate clai s, counterclai s, cross9 clai s and third9party co plaints, while the ain case is pendin#, unless the court allows an appeal there'ro C and $h% &n order dis issin# an action without pre)udice. 0n all the above instances where the )ud# ent or 'inal order is not appealable, the a##rieved party ay 'ile an appropriate special civil action under Rule /.. Period o$ ordinary a00eal 1. within 1. days 'ro notice o' the )ud# ent or 'inal order appealed 'ro 2. where a record on appeal is re2uired, within "B days 'ro notice o' the )ud# ent or 'inal order. The period o' appeal shall be interrupted by a ti ely 'or new trial or reconsideration. 5o otion 'or extension o' ti e to 'ile a reconsideration shall be allowed. otion

RULE &5 ' APPEAL ;A CER(IORARI (O (9E SUPRE*E COUR( 4indin#s o' the !& ay be reviewed by the S! when6

$a% the conclusion is a 'inin# #rounded entirely on speculations, sur ises or con)ecturesC $b% the in'erence absurd, or i possibleC $c% $d% 'actsC $e% ade is ani'estly ista*en,

there is #rave abuse o' discretioinC the )ud# ent is based on isapprehension o'

'indin# o' 'acts are con'lictin#C

$'% the !&, in a*in# the 'indin#s, went beyond the issues o' the case and the sa e is contrary to the ad issions adeC $#% !& ani'estly overloo*ed certain relevant 'acts not disputed by the parties and which i' properly considered would )usti'y a di''erent conclusion

otion 'or new trial or

Iistinctions between Rule ,. and Rule /. Rule &5 ' A00eal :y Certiorari 3nly 2uestions o' law raised Rule ,5 ' S0ecial Civil Action $or Certiorari ay be The only 2uestion that ay be raised is whether or not the respondent has acted with #rave abuse o' discretion, or acted without or in excess o' )urisdiction <ust be 'iled not later than /B days 'ro notice o' the )ud# ent or order or resolution

Petition $or Revie7 $ro+ t4e R(C to t4e CA (Rule & 1eriod to 'ile and serve petition 'or review 'ro RT! to !& + 1. days 'ro notice o' the decision sou#ht to be reviewed or o' the denial o' petitionerEs <5T or <'RC extendible by another 1. daysC 'urther extension o' 1. days only with co pellin# reason & party has a 'resh 1. days to 'ile a petition 'or review 'ro denial o' the <4R or <5T, but only the re ainin# period to 'ile a notice o' appeal. The period to 'ile a petition 'or review ay be extended by the appellate court, but the period to 'ile a notice o' appeal ay not be extended by the court a 2uo. The period to 'ile <5T or <'R is always non9extendible. The period to 'ile a notice o' appeal is also not extendible. =*abaluyas v. /abson, 1"@ S!R& ,/ $1A@.%> ;owever, a period to 'ile a petition 'or review ay be extended by 1. days, and 'or the ost co pellin# reason, another 1. days. /rounds $or +otu 0ro0io dis+issal o$ t4e 0etition $or revie7 1. patently without erit 2. prosecuted ani'estly 'or delay, or ". the 2uestions raised therein are too unsubstantial to re2uire consideration

Re2uired to be 'iled within 1. days 'ro notice o' the )ud# ent or 'inal order or resolution appealed 'ro or o' denial o' otion 'or new trial or consideration

The parties are the The parties are the appellants and the appellees a##rieved party and the as petitioners and respondent, the tribunal respondents, respectively exercisin# )udicial 'unction Re2uire ents 'or petitions 'iled with the Supre e !ourt and the !ourt o' &ppeals 1. 1etitioner has not co enced any other action or proceedin# involvin# the sa e issues in the S!, !& or other tribunal or a#encyC 2. To the best o' his *nowled#e, no such action or proceedin# is pendin# be'ore the S!, !& or other tribunal or a#encyC ". 0' there is such other action or proceedin# pendin#, he ust state the status o' the sa eC

1etitions 'or review, whether 'ro 2uasi9)udicial a#encies or 'ro the RT!

3rdinary appeals

1etitioner has 'resh 1. days 1etitioner has only the 'ro notice o' denial o' <5T re ainder o' the ori#inal 1. or <'R to petition 'or review days 'ro notice o' denial o' <5T or <'R to appeal 1eriod ay be extended 5on9extendible Ioes not re2uire certi'icate o' non9'oru shoppin# Re2uires certi'icate o' non9 'oru shoppin#

,. 0' he should therea'ter learn that a si ilar action or proceedin# has been 'iled or is pendin# be'ore the S!, etc., he underta*es to pro ptly in'or said courts and such other tribunal or a#ency within . days there'ro . !ases where ultiple appeals are allowed6 1. &ctions 'or recovery o' property with accountin# 2. E inent do ain ". 4oreclosure ort#a#e RULE &5 ' PRELI*I)ARA CO)FERE)CE

Section 1. &t any ti e durin# the pendency o' a case, the court ay call the parties and their counsel to a preli inary con'erence6 $a% To consider the possibility o' an a icable settle ent, except when the case is not allowed by law to be co pro isedC $b% To de'ine, si pli'y and clari'y the issues 'or deter inationC $c% To 'or ulate stipulations o' 'acts and ad issions o' docu entary exhibits, li it the nu ber o' witnesses to be presented in cases 'allin# within the ori#inal )urisdiction o' the court, or those within its appellate )urisdiction where a otion 'or new trial is #ranted on the #round o' newly discovered evidenceC and $d% To ta*e up such other atters which the pro pt disposition o' the case. ay aid the court in

the penalty i posed is death, reclusion perpetua or li'e i prison ent. ;ence 'or any civil decision by the !& to #o to the S!, it ust be by pettion 'or review on certiorari. /rounds $or dis+issal o$ a00eal :e$ore t4e SC 1. 4ailure to ta*e the appeal within the re#le entary periodC 2. Lac* o' erit in the petitionC ". 4ailure to pay the re2uisite doc*et 'ee and other law'ul 'ees or to a*e a deposit 'or costsC ,. 4ailure to co ply with the reauire ents re#ardin# proo' o' service and contents o' and the docu ents which should acco pany the petitionC .. 4ailure to co ply with any circular, directive or order o' the Supre e !ourt without )usti'iable causeC /. Error in the choice or ode o' appealC and ?. The 'act that the case is not appealable to the Supre e court. PROVISIO)AL RE*EDIES (RULES 51!,-". -. Preli+inary Attac4+ent 1reli inary &ttach ent + a provisional re edy, incidental and ancillary to a principal action or proceedin#, by which the property o' an adverse party is ta*en into le#al custody as a security 'or the satis'action o' any )ud# ent that ay be recovered by the plainti'' or any proper party, the #rantin# o' which lies within the sound discretion o' the )ud#e ta*in# co#ni-ance o' the principal case upon whose existence it depends. 1urpose o' attach ent + to secure a contin#ent lien on de'endantEs property until plainti'' can obtain a )ud# ent and have such property applied to its satis'action or to a*e provision 'or unsecured debts in cases where the eans o' satis'action thereo' are liable to be re oved beyond the )urisdiction or i properly disposed o' or concealed or placed beyond the reach o' creditors. #inds o$ attac4+ent 1. 1reli inary attach ent + #iven at the be#innin# or durin# the pendency o' the action, or be'ore )ud# ent beco es 'inal 2. 4inal attach ent + #iven upon ter ination o' the case to en'orce or satis'y a 'inal and executory )ud# ent &ttach ent #enerally re'ers to corporeal property in the possession o' a party. Karnish ent is a 'or o' attach ent which re'ers to oney, stoc*s, credits or other ncorporeal property which belon#s to the party but is in the possession or under the control o' "rd persons. &ttach ent + property is attached at any ti e be'ore entry o' )ud# ent. Execution + property is levied a'ter entry o' )ud# ent. Instances u0on 74ic4 attac4+ent +ay issue 1. 0n an action 'or the recovery o' a speci'ied a ount o' oney or da a#es, other than oral and exe plary, on a cause o' action arisin# 'ro law, contract, 2uasi9contract, delict or 2uasi9delict a#ainst a party who is about to depart 'ro the 1hilippines with intent to de'raud his creditorsC 2. 0n an action 'or oney or property e be--led or 'raudulently isapplied or converted to his own use by a public o''icer, or an o''icer or a corporation, or an attorney, 'actor, bro*er, a#ent, or cler*, in the course o' his e ploy ent as such, or by any other person in a 'iduciary capacity, or 'or a will'ul violation o' dutyC ". 0n an action to recover the possession o' property un)ustly or 'raudulently ta*en, detained or converted, when the property, or any part thereo',

KR3U5IS 43R I0S<0SS&L 34 &11E&L $RULE .B%6 $a% 4ailure o' the record on appeal to show on its 'ace that the appeal was ta*en within the period 'ixed by these RulesC $b% 4ailure to 'ile the notice o' appeal or the record on appeal within the period prescribed by these RulesC $c% 4ailure o' the appellant to pay the doc*et and other law'ul 'ees as provided in section , o' Rule ,1C $d% Unauthori-ed alterations, o issions or additions in the approved record on appeal as provided in section , o' Rule ,,C $e% 4ailure o' the appellant to serve and 'ile the re2uired nu ber o' copies o' his brie' or e orandu within the ti e provided by these RulesC $'% &bsence o' speci'ic assi#n ent o' errors in the appellantEs brie', or o' pa#e re'erences to the record as re2uired in section 1", para#raphs $a%, $c%, $d% and $'% o' Rule ,,C $#% 4ailure o' the appellant to ta*e the necessary steps 'or the correction or co pletion o' the record within the ti e li ited by the court in its orderC $h% 4ailure o' the appellant to appear at the preli inary con'erence under Rule ,@ or to co ply with orders, circulars, or directives o' the court without )usti'iable causeC and $i% The 'act that the order or )ud# ent appealed 'ro appealable. is not

Re>uisites $or *otion $or )e7 (rial :e$ore t4e CA (Rule 5%". 1. 'iled a'ter appeal has been per'ected and be'ore the !& loses )urisdiction. 2. Kround is newly discovered evidence which 1. could not have been discovered prior to the trial in the court below by the exercise o' due dili#ence and 2. is o' such a character as would probably chan#e the result. ". acco panied by a''idavits showin# 1. the 'acts constitutin# the #rounds there'oreC and 2. the newly discovered evidence. Ori2inal cases co2niDa:le :e$ore t4e SC (Rule 5,". 1. petitions 'or 1. certiorari 2. prohibition ". anda us ,. 2uo warranto .. habeas corpus /. disciplinary proceedin# a#ainst e bers o' the )udiciary and attorneys, and ?. cases a''ectin# a bassadors, other public inisters and consuls &n appeal to the Supre e !ourt ay be ta*en only by a petition 'or review on certiorari, except in cri inal cases where

has been concealed, re oved, or disposed o' to prevent its bein# 'ound or ta*en by the applicant or an authori-ed personC ,. 0n an action a#ainst a party who has been #uilty o' a 'raud in contractin# the debt or incurrin# the obli#ation upon which the action is brou#ht, or in the per'or ance thereo'C .. 0n an action a#ainst a party who has re oved or disposed o' his property, or is about to do so, with intent to de'raud his creditorsC or /. 0n an action a#ainst a party who does not reside and is not 'ound in the 1hilippines, or on who su ons ay be served by publication. . Preli+inary InCunction (Rule 55" Finds o' in)unction 1. 1rohibitory 1. preli inary 2. 'inal ". <andatory + an order which re2uires the per'or ance o' a particular act or acts 1. 1reli inary 2. 'inal 1reli inary 0n)unction + an order #ranted at any sta#e o' an action or proceedin# prior to the )ud# ent or 'inal order, re2uirin# a party or a court, a#ency or a person to re'rain 'ro a particular act or acts. 0t ay also re2uire the per'or ance o' a particular act or acts, in which case it shall be *nown as a preli inary andatory in)unction. /rounds $or issuance o$ 0reli+inary inCunction 1. the applicant is entitled to the relie' de anded, and the whole or part o' such relie' consists in restrainin# the co ission or continuance o' the act or acts co plained o', or in re2uirin# the per'or ance o' an act or acts either 'or a li ited period or perpetuallyC 2. the co ission, continuance or non9per'or ance o' the act or acts co plained o' durin# the liti#ation would probably wor* in)ustice to the applicantC or ". a party, court, a#ency or a person is doin#, threatenin# or is atte ptin# to do, or is procurin# or su''erin# to be done, so e act or acts probably in violation o' the ri#hts o' the applicant respectin# the sub)ect o' the action or proceedin#, and tendin# to render the )ud# ent ine''ectual. Re>uisites $or 0reli+inary inCunction or te+0orary restrainin2 order 1. veri'ied application showin# 'acts entitlin# the applicant to the relie' de anded 2. bond conditioned on payin# the party en)oined all da a#es which he ay sustain by reason o' the in)unction or te porary restrainin# order i' the court should 'inally decide that the applicant was not entitled thereto ". KR6 hearin#. Exception6 court ay issue TR3 i' plainti'' ay su''er #rave or irreparable in)ury 84en 0rior or conte+0oraneous service o$ su++ons is not re>uired 1. su ons could not be served personally or by substituted service despite dili#ent e''orts 2. the adverse party is a resident o' the 1hilippines te porarily absent ". the adverse party is a nonresident o' the 1hilippines Sta2es o$ inCunction ?2 hour TR3 1. i' the atter is o' extre e ur#ency and the applicant will su''er #rave in)ustice and irreparable in)ury 2. issued by executive )ud#e o' a ultiple9sala court or the presidin# )ud#e o' a sin#le9sala court ". issued ex parte, without hearin#

,. therea'ter 1%

ust ons and other docu ents

serve su

2% conduct su ary hearin# to deter ine whether the TR3 shall be extended to 2B days until the application 'or preli inary in)unction can be heard 2B9day TR3 1. 0' it shall appear 'ro the 'acts shown by a''idavits or by the veri'ied application that #reat or irreparable in)ury would result to the applicant be'ore the atter can be heard on notice 2. 0' application is included in initiatory pleadin# 1% 5otice o' ra''le shall be preceded, or conte poraneously acco panied, by service o' su ons, to#ether with a copy o' the co plaint or initiatory pleadin# and the applicantEs a''idavit and bond, upon the adverse party in the 1hilippines. 2% Ra''led only a'ter notice to and in the presence o' the adverse party or the person to be en)oined 1. issued with su ary hearin# $to deter ine whether the applicant will su''er #reat or irreparable in)ury% within 2, hours a'ter sheri''Es return o' service andDor records are received by the branch selected by ra''le 2. :ithin 2B9day period court ust 9 order said party or person to show cause why the in)unction should not be #ranted 9 deter ine whether or not the preli inary in)unction shall be #ranted, and accordin#ly issue the correspondin# order. 1. includin# the ori#inal ?2 hours, total e''ectivity o' TR3 shall 1% <T! not exceed 2B days, i' issued by a RT! or

2% not exceed /B days, i' issued by the !& or a e ber thereo' "% until 'uther orders, i' issued by the S! 1. TR3 is auto atically vacated upon expiration o' the period and without #rantin# o' preli inary in)unction 2. e''ectivity is not extendible without need o' any )udicial declaration to that e''ect ". no court shall have authority to extend or renew the sa e on the sa e #round 'or which it was issued. ,. 1reli inary in)unction 1. ;earin# and prior notice to the party sou#ht to be en)oined 2. 0' application is included in initiatory pleadin# 1% 5otice o' ra''le shall be preceded, or conte poraneously acco panied, by service o' su ons, to#ether with a copy o' the co plaint or initiatory pleadin# and the applicantEs a''idavit and bond, upon the adverse party in the 1hilippines. 2% Ra''led only a'ter notice to and in the presence o' the adverse party or the person to be en)oined 1. &pplicant posts a bond 2. 4inal in)unction 5ote that a bond is re2uired only in preli inary in)unctions, but is not re2uired in TR3s. &'ter lapse o' the 2B day TR3, the court can still #rant a preli inary in)unction. 5ote that irreparable in)ury is always a re2uisite in TR3s. (ut in the ?2 hour TR3, #rave in)ustice ust also be shown. 0n the 2B day TR3, the #round is #reat or irreparable in)ury. Paras v. Roura, 1/" S!R& 1 $1A@@% :ithout a preli inary

in)unction, a TR3 issued by the !& expires without necessity o' court action. G 5ote that TR3s issued by the S! are e''ected until 'urther orders. /rounds $or o:Cection to< or $or +otion o$ dissolution o$< inCunction or restrainin2 order 1. upon showin# o' insu''iciency o' the application 2. other #rounds upon a''idavit o' the party or person en)oined ". appears a'ter hearin# that irreparable da a#e to the party or person en)oined will be caused while the applicant can be 'ully co pensated 'or such da a#es as he ay su''er, and the party en)oined 'iles a counterbond ,. insu''iciency o' the bond .. insu''iciency o' the surety or sureties -. Receivers4i0 (Rule 56"

Re0levin (Rule ,B"

& party prayin# 'or the recovery o' possession o' personal property ay, at the co ence ent o' the action or at any ti e be'ore answer, apply 'or an order 'or the delivery o' such property to hi , in the anner hereina'ter provided Su00ort Pendente Lite (Rule ,-" 1rovisions o' the 4a ily !ode6 &rt. 1A,. Support co prises everythin# indispensable 'or sustenance, dwellin#, clothin#, edical attendance, education and transportation, in *eepin# with the 'inancial capacity o' the 'a ily. The education o' the person entitled to be supported re'erred to in the precedin# para#raph shall include his schoolin# or trainin# 'or so e pro'ession, trade or vocation, even beyond the a#e o' a)ority. Transportation shall include expenses in #oin# to and 'ro school, or to and 'ro place o' wor*. $2ABa% &rt. 1A.. Sub)ect to the provisions o' the succeedin# articles, the 'ollowin# are obli#ed to support each other to the whole extent set 'orth in the precedin# article6 $1% The spousesC $2% Le#iti ate ascendants and descendantsC $"% 1arents and their le#iti ate children and the le#iti ate and ille#iti ate children o' the latterC $,% 1arents and their ille#iti ate children and the le#iti ate and ille#iti ate children o' the latterC and $.% Le#iti ate brothers and sisters, whether o' 'ull or hal'9blood &rt. 1A/. (rothers and sisters not le#iti ately related, whether o' the 'ull or hal'9blood, are li*ewise bound to support each other to the 'ull extent set 'orth in &rticle 1A,, except only when the need 'or support o' the brother or sister, bein# o' a#e, is due to a cause i putable to the clai antEs 'ault or ne#li#ence.

Receiver + an indi''erent person between the parties to a case, appointed by the court to receive and preserve the property or 'und in liti#ation pendente lite, when it does not see reasonable to the court that either party should hold it 1urpose o' receivership + to preserve, ad inister, or dispose o' property in liti#ation, pendente lite Instances 74en receivers4i0 +ay :e 2ranted 1. the party applyin# 'or the appoint ent o' a receiver has an interest in the property or 'und which is the sub)ect o' the action or proceedin#, and that such property or 'und is in dan#er o' bein# lost, or aterially in)ured unless a receiver be appointed to ad inister and preserve it 2. in an action by the ort#a#ee 'or the 'oreclosure o' a ort#a#e that the property is in dan#er o' bein# wasted or dissipated or aterially in)ured, and that its value is probably insu''icient to dischar#e the ort#a#e debt, or that the parties have so stipulated in the contract o' ort#a#eC ". &'ter )ud# ent, to preserve the property durin# the pendency o' an appeal, or to dispose o' it accordin# to the )ud# ent, or to aid execution when the execution has been returned unsatis'ied or the )ud# ent obli#or re'uses to apply his property in satis'action o' the )ud# ent, or otherwise to carry the )ud# ent into e''ectC ,. :henever in other cases it appears that the appoint ent o' a receiver is the ost convenient and 'easible eans o' preservin#, ad inisterin#, or disposin# o' the property in liti#ation. /eneral 0o7ers o$ receiver 1. to brin# and de'end, in such capacity, actions in his own na e 2. to ta*e and *eep possession o' the property in controversy ". to receive rents ,. to collect debts due to hi sel' as receiver or to the 'und, property, estate, person, or corporation o' which he is the receiver .. to co pound 'or and co pro ise the sa e /. to a*e trans'er ?. to pay outstandin# debts @. to divide the oney and other property that shall re ain a on# the persons le#ally entitled to receive the sa e A. to do such acts respectin# the property as the court ay authori-e. ;owever, 'unds in the hands o' a receiver ay be invested only by order o' the court upon the written consent o' all the parties to the action. 5o action ay be 'iled by or a#ainst a receiver without leave o' the court which appointed hi .

&ds by Koo#le