1964 Rules of Court

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January 1, 1964

RULES OF COURT

PART I
Civil Actions
RULE 1
Title and Construction
SECTION 1. Title of the Rules. These rules shall be known and cited as the
Rules of Court. cdta

SECTION 2. Construction. These rules shall be liberally construed in order to

promote their object and to assist the parties in obtaining just, speedy, and
inexpensive determination of every action and proceeding.
RULE 2
Actions in General
SECTION 1. Action Defined. Action means an ordinary suit in a court of
justice, by which one party prosecutes another for the enforcement or protection
of a right, or the prevention or redress of a wrong.
SECTION 2. Special Proceeding Distinguished. Every other remedy, including
one to establish the status or right of a party or a particular fact, shall be by
special proceeding. cdasia

SECTION 3. One Suit for a Single Cause of Action. A party may not institute
more than one suit for a single cause of action.
SECTION 4. Effect of Splitting a Single Cause of Action. If two or more
complaints are brought for different parts of a single cause of action, the filing of
the first may be pleaded in abatement of the other or others, in accordance with
section 1(e) of Rule 16, and a judgment upon the merits in any one is available
as a bar in the others.
SECTION 5. Joinder of Causes of Action. Subject to rules regarding
jurisdiction, venue and joinder of parties, a party may in one pleading state, in the
alternative or otherwise, as many causes of action as he may have against an
opposing party (a) if the said causes of action arise out of the same contract,
transaction or relation between the parties, or (b) if the causes of action are for
demands for money, or are of the same nature and character.
In the cases falling under clause (a) of the preceding paragraph, the action shall
be filed in the inferior court unless any of the causes joined falls within the
jurisdiction of the Court of First Instance, in which case it shall be filed in the
latter court.
In the cases falling under clause (b) the jurisdiction shall be determined by the
aggregate amount of the demands, if for money, or by their nature and character,
if otherwise.cdt

SECTION 6. Commencement of Action. A civil action is commenced by filing a

complaint with the court.
RULE 3
Parties to Civil Actions
SECTION 1. Who May Be Parties. Only natural or juridical persons or entities
authorized by law may be parties in a civil action.
SECTION 2. Parties in Interest. Every action must be prosecuted and
defended in the name of the real party in interest. All persons having an interest
in the subject of the action and in obtaining the relief demanded shall be joined
as plaintiffs. All persons who claim an interest in the controversy or the subject
thereof adverse to the plaintiff, or who are necessary to a complete determination
or settlement of the questions involved therein shall be joined as defendants. cdt

SECTION 3. Representative Parties. A trustee of an express trust, a guardian,

executor or administrator, or a party authorized by statute, may sue or be sued
without joining the party for whose benefit the action is presented or defended;
but the court may, at any stage of the proceedings, order such beneficiary to be
made a party. An agent acting in his own name and for the benefit of an
undisclosed principal may sue or be sued without joining the principal except
when the contract involves things belonging to the principal.
SECTION 4. Married Woman. A married woman may not sue or be sued
alone without joining her husband, except in the following instances:
(a) When they are judicially separated;
 (b) If they have in fact been separated for at least one year;
(c) When there is a separation of property agreed upon in the
marriage settlements;
(d) If the administration of all the property in the marriage has been
transferred to her, in accordance with articles 196 and 197 of
the Civil Code;
(e) When the litigation is between the husband and the wife;
(f) If the suit concerns her paraphernal property;
(g) When the action is upon the civil liability arising from a criminal
offense;
(h) If the litigation is incidental to the profession, occupation or
business in which she is engaged;
(i) In any civil action referred to in articles 25 to 35 of the Civil
Code; and
(j) In an action upon a quasi-delict.
In the cases mentioned in paragraphs (g) to (j), the husband must be joined as a
party defendant if the third paragraph of article 163 of the Civil Code is
applicable.
SECTION 5. Infants, or Incompetent Persons. A minor not emancipated, or an
insane person, or one declared judicially to be incompetent, may sue or be sued
in the cases provided by law, through his father, mother, guardian, or if he has
none, through a guardian ad litem appointed by the court.
A minor emancipated by marriage or voluntary concession can sue and be sued
in court only with the assistance of his father, mother, guardian or guardian ad
litem.
SECTION 6. Permissive Joinder of Parties. All persons in whom or against
whom any right to relief in respect to or arising out of the same transaction or
series of transactions is alleged to exist, whether jointly, severally, or in the
alternative, may, except as otherwise provided in these rules, join as plaintiffs or
be joined as defendants in one complaint, where any question of law or fact
common to all such plaintiffs or to all such defendants may arise in the action; but
the court may make such orders as may be just to prevent any plaintiff or
defendant from being embarrassed or put to expense in connection with any
proceedings in which he may have no interest. acd
SECTION 7. Compulsory Joinder of Indispensable Parties. Parties in interest
without whom no final determination can be had of an action shall be joined
either as plaintiffs or defendants.
SECTION 8. Joinder of Proper Parties. When persons who are not
indispensable but who ought to be parties if complete relief is to be accorded as
between those already parties, have not been made parties and are subject to
the jurisdiction of the court as to both service of process and venue, the court
shall order them summoned to appear in the action. But the court may, in its
discretion, proceed in the action without making such persons parties, and the
judgment rendered therein shall be without prejudice to the rights of such
persons.
SECTION 9. Non-Joinder of Proper Parties to Be Pleaded. In any pleading in
which relief is asked, the pleader shall set forth the names, if known to him, of
persons who ought to be parties if complete relief is to be accorded between
those already parties, but who are not joined, and shall state why they are
omitted.
SECTION 10. Unwilling Co-Plaintiff . If the consent of any party who should be
joined as plaintiff can not be obtained, he may be made a defendant and the
reason therefor shall be stated in the complaint.
SECTION 11. Misjoinder and Non-Joinder of Parties. Misjoinder of parties is
not ground for dismissal of an action. Parties may be dropped or added by order
of the court on motion of any party or on its own initiative at any stage of the
action and on such terms as are just. Any claim against a party may be severed
and proceeded with separately.
SECTION 12. Class Suit. When the subject matter of the controversy is one of
common or general interest to many persons, and the parties are so numerous
that it is impracticable to bring them all before the court, one or more may sue or
defend for the benefit of all. But in such case the court shall make sure that the
parties actually before it are sufficiently numerous and representative so that all
interests concerned are fully protected. Any party in interest shall have a right to
intervene in protection of his individual interest.
SECTION 13. Alternative Defendants. Where the plaintiff is uncertain against
which of several persons he is entitled to relief, he may join any or all of them as
defendants in the alternative, although a right to relief against one may be
inconsistent with a right to relief against the other.
SECTION 14. Unknown Identity or Name of Defendant. Whenever the identity
or name of a defendant is unknown, he may be sued as the unknown owner,
heir, devisee, or by such other designation as the case may require; when his
identity or true name is discovered, the pleading must be amended accordingly.
SECTION 15. Associations as Defendants. When two or more persons,
associated in any business, transact such business under a common name,
whether it comprises names of such persons or not, the associates may be sued
by such common name.
Persons associated in business who are sued under a common name must all be
named individually in the answer filed by them or on their behalf with their
business address.
SECTION 16. Duty of Attorney Upon Death, Incapacity, or Incompetency of
Party. Whenever a party to a pending case dies, becomes incapacitated or
incompetent, it shall be the duty of his attorney to inform the court promptly of
such death, incapacity or incompetency, and to give the name and residence of
his executor, administrator, guardian or other legal representative.
SECTION 17. Death of Party. After a party dies and the claim is not thereby
extinguished, the court shall order, upon proper notice, the legal representative of
the deceased to appear and to be substituted for the deceased, within a period of
thirty (30) days, or within such time as may be granted. If the legal representative
fails to appear within said time, the court may order the opposing party to procure
the appointment of a legal representative of the deceased within a time to be
specified by the court, and the representative shall immediately appear for and
on behalf of the interest of the deceased. The court charges involved in procuring
such appointment, if defrayed by the opposing party, may be recovered as costs.
The heirs of the deceased may be allowed to be substituted for the deceased,
without requiring the appointment of an executor or administrator and the court
may appoint guardian ad litem for the minor heirs. cdtai

SECTION 18. Death or Separation of a Party Who Is a Government Officer.

When an officer of the Philippines is a party in an action and during its pendency
dies, resigns, or otherwise ceases to hold office, the action may be continued
and maintained by or against his successor, if within thirty (30) days after the
successor takes office it is satisfactorily shown to the court that there is a
substantial need for so continuing and maintaining it. Substitution pursuant to this
rule may be made when it is shown by supplemental pleading that the successor
of an officer adopts or continues or threatens to adopt or continue the action of
his predecessor in enforcing a law averred to be in violation of the Constitution of
the Philippines. Before a substitution is made, the party or officer to be affected,
unless expressly assenting thereto, shall be given reasonable notice of the
application therefor and accorded an opportunity to object.
SECTION 19. Incompetency or Incapacity. If a party becomes incompetent or
incapacitated, the court, upon motion with notice, may allow the action to be
continued by or against his representative.
SECTION 20. Transfer of Interest. In case of any transfer of interest, the
action may be continued by or against the original party, unless the court upon
motion directs the person to whom the interest is transferred to be substituted in
the action or joined with the original party.
SECTION 21. Where Claim Does Not Survive. When the action is for recovery
of money, debt or interest thereon, and the defendant dies before final judgment
in the Court of First Instance, it shall be dismissed to be prosecuted in the
manner especially provided in these rules.
SECTION 22. Pauper Litigant. Any court may authorize a litigant to prosecute
his action or defense as a pauper upon a proper showing that he has no means
to that effect by affidavits, certificate of the corresponding provincial, city or
municipal treasurer, or otherwise. Such authority once given shall include an
exemption from payment of legal fees and from filing appeal bond, printed record
and printed brief. The legal fees shall be a lien to any judgment rendered in the
case favorably to the pauper, unless the court otherwise provides. cda

SECTION 23. Notice to Solicitor General. In any action involving the validity of
any treaty, law, ordinance or executive order, rules or regulations, a superior
court, in its discretion, may require the appearance of the Solicitor General who
may be heard in person or through a representative duly designated by him.
RULE 4
Venue of Actions
SECTION 1. Venue in Inferior Courts. (a) Real actions. Forcible entry and
detainer actions regarding real property shall be brought in the municipality or
city in which the subject matter thereof is situated. If the property be found in two
or more municipalities or cities, actions may be brought in any of them, at the
option of the plaintiff.
(b) Personal actions. All other civil actions in inferior courts shall be brought:
(1) In the place specified by the parties by means of a written
agreement, whenever the court shall have jurisdiction to try
the action by reason of its nature or the amount involved;
(2) If there is no such agreement, in the place of the execution of
the contract sued upon as appears therefrom;
(3) When the place of execution of the written contract sued upon
does not appear therein, or the action is not upon a written
contract, then in the municipality where the defendant or any
of the defendants resides or may be served with summons.
SECTION 2. Venue in Courts of First Instance. (a) Real actions. Actions
affecting title to, or for recovery of possession, or for partition or condemnation of,
or foreclosure of mortgage on, real property, shall be commenced and tried in the
province where the property or any part thereof lies.
(b) Personal actions. All other actions may be commenced and tried where the
defendant or any of the defendants resides or may be found, or where the
plaintiff or any of the plaintiffs resides, at the election of the plaintiff.
(c) Actions against nonresidents. If any of the defendants does not reside and
is not found in the Philippines, and the action affects the personal status of the
plaintiff, or any property of the defendant located in the Philippines, the action
may be commenced and tried in the province where the plaintiff resides or the
property, or any portion thereof, is situated or found.
SECTION 3. Venue by Agreement. By written agreement of the parties the
venue of an action may be changed or transferred from one province to another.
SECTION 4. Waiver of Objection. When improper venue is not objected to in a
motion to dismiss it is deemed waived.
SECTION 5. When Rule Not Applicable. This rule shall not apply in those
cases where a specific rule or law provides otherwise.
RULE 5
Procedure in Inferior Courts
SECTION 1. Meaning of Words. The words "inferior courts" include both
"justice of the peace courts" and "municipal courts".
SECTION 2. The Complaint. The complaint shall state the name and
residence of the plaintiff and those of the defendant, the substance of the claim
made, the grounds of action, the relief sought, and the date when the claim
arose.
SECTION 3. Date of Filing of Complaint. Upon the filing of a complaint in an
inferior court, the judge or clerk if any, shall indorse thereon the day, month, and
year upon which it was filed, and forthwith issue the corresponding summons to
the defendants.
SECTION 4. Summons. The provisions of Rule 14 hereof shall, so far as
applicable, regulate summons issued by inferior courts; but the direction
contained in the summons must be that the defendant answer the complaint, and
produce his evidence at a stated place, day, and hour, which shall be not less
than two (2) days nor more than five (5) days after the service of the summons if
it be served in the municipality or city in which the action is brought, nor less than
ten (10) days nor more than twenty (20) days after such service if summons be
served out of the municipality or city. The plaintiff must be notified of the date,
time and place set for the trial.
SECTION 5. Answer. Except in summary procedure under section 17 of this
Rule, the defendant shall answer the complaint in writing, by either denying
specifically the material allegations of the complaint, or alleging any lawful
defense. All affirmative defenses not pleaded in the answer shall be deemed
waived and the same may not be raised for the first time on appeal in the Court
of First Instance.
A defendant may also interpose a counterclaim in writing for an amount within
the court's jurisdiction. A counterclaim beyond the court's jurisdiction may only be
pleaded by way of defense.
The defendant may also file a cross-claim or a third-party complaint in
accordance with sections 7 and 12 of Rule 6.
SECTION 6. Motion to Dismiss or for Judgment on the Pleadings. A motion to
dismiss may be filed on any of the grounds provided for in Rule 16 and
immediately upon its denial the movant shall give his answer. A motion for
judgment on the pleadings may also be filed on the grounds specified in Rule 19.
SECTION 7. Order of Trial. On the trial, the court shall hear first the testimony
of the plaintiff and his witnesses, next the testimony of the defendant and his
witnesses, and finally the plaintiff may offer rebutting testimony. When the
testimony has been closed, the plaintiff or his representative shall be heard in
argument, if he so desires, and upon the conclusion of his argument, the
defendant or his representative may conclude the argument.
SECTION 8. Adjournment. Inferior courts may adjourn the hearing of an action
from day to day as the interest of justice requires, but shall not have power to
adjourn hearings for a longer period than five (5) days for each adjournment, nor
for more than fifteen (15) days in all.
SECTION 9. Offer to Compromise. If the defendant, at any time before the
trial, offers in writing to allow judgment to be taken against him for a specified
sum, the plaintiff may immediately have judgment therefor, with the costs then
accrued; but if he does not accept such offer before the trial, and fails to recover
in the action a sum in excess of the offer, he cannot recover costs, but costs
must be adjudged against him, and, if he recovers, be deducted from his
recovery. The offer and failure to accept it cannot affect the recovery otherwise
than as to costs.
SECTION 10. Judgment After Trial, When and How Rendered. At the
conclusion of the trial, the justice of the peace or municipal judge shall render
judgment for the plaintiff or for the defendant as the law and evidence may
warrant. If there is a counterclaim, the justice of the peace or municipal judge
shall render judgment for the sum found in arrears from either party, with costs.
But he may adjourn the disposition of the case to a stated day, not exceeding
one week from the time of the conclusion of the trial, for the consideration of the
judgment, if he requires time for consideration.
SECTION 11. Dismissal Upon Plaintiff's Failure to Appear. If the plaintiff does
not appear at the time and place designated in the summons or in a subsequent
order, the justice of the peace or municipal judge may dismiss the action for
failure to prosecute, and render judgment for the defendant to recover his costs.
But such dismissal without hearing shall not be a bar to a subsequent action for
the same cause.
SECTION 12. Judgment by Default. Except as provided in section 17 of this
Rule, if the defendant does not file a written answer within the time designated in
the summons, he may be declared in default, and the court shall thereupon
proceed to hear the testimony of the plaintiff and his witnesses, and shall render
judgment for the plaintiff in accordance with the facts alleged and proved.
SECTION 13. Vacating Dismissals and Defaults. Within one (1) day after
notice of an order of dismissal or default, as provided in the last two preceding
sections, the court shall set aside such entry and allow the party against whom
such dismissal or default had been entered to have a trial upon the merits of the
cause, if such party appears and satisfies the court that his failure to appear at
the time and place designated in the summons was by reason of fraud, accident,
mistake or excusable negligence.
SECTION 14. Form of Judgment. The judgment shall be in writing and signed
by the justice of the peace or municipal judge, but it need not contain findings of
fact or conclusions of law.
SECTION 15. Notice to Parties. Except in the case covered by section 9 of
Rule 13, inferior courts shall notify the parties in writing of their judgment and of
any and all orders issued by them, personally or by registered mail. If notice is
orally given in open court, the giving of the notice must be noted down in the
docket.
SECTION 16. New Trial. Within the time provided for perfecting an appeal
from a judgment rendered by an inferior court and before an appeal is so
perfected, the court may grant a new trial to correct an error or injustice it may
have committed.
SECTION 17. Summary Procedure for Money Claim Not Exceeding Two
Hundred Pesos. Where a claim does not exceed two hundred pesos
(P200.00), no written or formal pleading need be filed, but the judge shall note
the claim, and in such form as he may deem best and convenient under the
circumstances shall summon the parties and hear them as well as their
witnesses. If the defendant fails to appear at the first informal call, a formal
summons with an information as to the claim against him may be issued. If he
fails to appear after formal summons, defendant shall be declared in default.
After the hearing, both parties shall be informed of the judgment, which shall be
noted in the corresponding docket together with the claim, defense and all the
proceedings had thereon. No fee shall be charged or costs allowed in such
proceedings, whether the parties be paupers or not.
Appeal shall be made by filing a notice to that effect with the clerk. Upon appeal,
written pleadings shall be filed in the Court of First Instance as in cases originally
instituted therein. The complaint shall be filed within a period of ten (10) days
from receipt of the notice specified in section 7 of Rule 40. acd

SECTION 18. Execution. Execution shall issue upon a final judgment of an

inferior court after the time for perfecting an appeal has expired and no appeal
has been perfected.
SECTION 19. Application of Certain Rules. Sections 6, 7, 8, 9, 10, and 12 of
Rule 6; sections 3 and 4 of Rule 9; sections 4 and 5 of Rule 11; section 2 of Rule
12; section 9 of Rule 13; Rules 16, 17, 23, 24, 37, 61, and 129 to 135 are
applicable in inferior courts in cases falling within their respective jurisdictions in
so far as they are not inconsistent with the provisions of this rule.
PROCEDURE IN COURTS OF FIRST INSTANCE
RULE 6
Pleadings in General
SECTION 1. Pleadings Defined. Pleadings are the written allegations of the
parties of their respective claims and defenses submitted to the court for trial and
judgment.
SECTION 2. Pleadings Allowed. The pleadings allowed by these rules are the
complaint, the answer, the counter-claim, the cross-claim, the reply, the third-
party complaint, the fourth-party complaint, and other similar complaints.
SECTION 3. Complaint. The complaint is a concise statement of the ultimate
facts constituting the plaintiff's cause or causes of action. It shall specify the relief
sought, but it may add a general prayer for such further or other relief as may be
deemed just or equitable. The names and residences of the parties plaintiff and
defendant must be stated in the complaint.
SECTION 4. Answer. An answer is a pleading in which a defendant or other
adverse party sets forth the negative and affirmative defenses upon which he
relies.
SECTION 5. Defenses. (a) Negative defense is the specific denial of the
material fact or facts alleged in the complaint essential to the plaintiff's cause or
causes of action.
(b) An affirmative defense is an allegation of new matter which, while admitting
the material allegations of the complaint, expressly or impliedly, would
nevertheless prevent or bar recovery by the plaintiff. The affirmative defenses
include fraud, statute of limitations, release, payment, illegality, statute of frauds,
estoppel, former recovery, discharge in bankruptcy, and all other matter by way
of confession and avoidance.
SECTION 6. Counterclaim. A counterclaim is any claim for money or other
relief which a defending party may have against an opposing party. A
counterclaim need not diminish or defeat the recovery sought by the opposing
party, but may claim relief exceeding in amount or different in kind from that
sought by the opposing party's claim.
SECTION 7. Cross-Claim. A cross-claim is any claim by one party against a
co-party arising out of the transaction or occurrence that is the subject matter
either of the original action or of a counterclaim therein. Such cross-claim may
include a claim that the party against whom it is asserted is or may be liable to
the cross-claimant for all or part of a claim asserted in the action against the
cross-claimant.
SECTION 8. Counterclaim or Cross-Claim in the Answer. The answer may
contain any counterclaim or cross-claim which a party may have at the time
against the opposing party or a co-defendant, provided that the court has
jurisdiction to entertain the claim and can, if the presence of third parties is
essential for its adjudication, acquire jurisdiction of such parties.
SECTION 9. Counterclaim or Cross-Claim Arising After Answer. A
counterclaim or a cross-claim which either matured or was acquired by a party
after serving his pleading may, with the permission of the court, be presented as
a counterclaim or a cross-claim by supplemental pleading before judgment.
SECTION 10. Answer to Counterclaim or Cross-Claim Required. A
counterclaim or cross-claim must be answered, and failure to do so will constitute
a default under Rule 18. The party filing such answer may plead therein a
counterclaim or cross-claim.
SECTION 11. Reply. A reply is a pleading, the office or function of which is to
deny, or allege facts in denial or avoidance of new matters alleged by way of
defense in the answer and thereby join or make issue as to such new matters. If
a party does not file such reply, all the new matters alleged in the answer are
deemed controverted.
If the plaintiff wishes to interpose any claims arising out of the new matters so
alleged, such claims shall be set forth in an amended or supplemental complaint.
SECTION 12. Third-Party Complaint. A third-party complaint is a claim that a
defending party may, with leave of court, file against a person not a party to the
action, called the third-party defendant, for contribution, indemnity, subrogation or
any other relief, in respect of his opponent's claim.
SECTION 13. Fourth, etc., Parties. A third-party defendant may proceed
under this rule against any person not a party to the action who is or may be
liable to him or to the third-party plaintiff for all or part of the claim made in the
action against the third-party defendant.
SECTION 14. Bringing New Parties. When the presence of parties other than
those to the original action is required for the granting of complete relief in the
determination of a counterclaim or cross-claim, the court shall order them to be
brought in as defendants, if jurisdiction over them can be obtained. cdt

SECTION 15. Liberal Construction. All pleadings shall be liberally construed

so as to do substantial justice.
RULE 7
Formal Requirements of Pleadings
SECTION 1. Caption. Each pleading shall contain a caption setting forth the
name of the court, the title of the action, the file number if assigned and a
designation of the pleading.
SECTION 2. Title. In the complaint the title of the action shall include the
names of all the parties; but in other pleadings it shall be sufficient if the name of
the first party on each side be stated with an appropriate indication when there
are other parties.
SECTION 3. Paragraphs. Every pleading shall be divided into paragraphs so
numbered as to be readily identified, each of which shall contain a statement of a
single set of circumstances so far as that can be done with convenience. A
paragraph may be referred to by a number in all succeeding pleadings. cdt

SECTION 4. Headings. When two or more causes of action are joined, the
statement of the first shall be prefaced by the words, "first cause of action," of the
second by "second cause of action," and so on for the others.
When one or more paragraphs in the answer are addressed to one of several
causes of action in the complaint they shall be prefaced by the words "answer to
the first cause of action" or "answer to the second cause of action" and so on;
and when one or more paragraphs of the answer are addressed to several
causes of action they shall be prefaced by words to that effect.
SECTION 5. Signature and Address. Every pleading of a party represented by
an attorney shall be signed by at least one attorney of record in his individual
name, whose address shall be stated. A party who is not represented by an
attorney shall sign his pleading and state his address. Except when otherwise
specifically provided by rule or statute, pleadings need not be verified or
accompanied by affidavit. The signature of an attorney constitutes a certificate by
him that he has read the pleading; that to the best of his knowledge, information,
and belief there is good ground to support it; and that it is not interposed for
delay. If a pleading is not signed or is signed with intent to defeat the purpose of
this rule, it may be stricken out as sham and false and the action may proceed as
though the pleading had not been served. For a willful violation of this rule an
attorney may be subjected to appropriate disciplinary action. Similar action may
be taken if scandalous or indecent matter is inserted.
SECTION 6. Verification. A pleading is verified only by an affidavit stating that
the person verifying has read the pleading and that the allegations thereof are
true of his own knowledge.
Verifications based on "information and belief," or upon "knowledge, information
and belief" shall be deemed insufficient.
RULE 8
Allegations in Pleadings
SECTION 1. In General. Every pleading shall contain in a methodical and
logical form, a plain, concise and direct statement of the ultimate facts on which
the party pleading relies for his claim or defense, as the case may be, omitting
the statement of mere evidentiary facts.
SECTION 2. Alternative Causes of Action or Defenses. A party may set forth
two or more statements of a claim or defense alternatively or hypothetically,
either in one cause of action or defense or in separate causes of action or
defenses. When two or more statements are made in the alternative and one of
them if made independently would be sufficient, the pleading is not made
insufficient by the insufficiency of one or more of the alternative statements.
SECTION 3. Conditions Precedent. In any pleading a general averment of the
performance or occurrence of all conditions precedent shall be sufficient.
SECTION 4. Capacity. Facts showing the capacity of a party to sue or be
sued or the authority of a party to sue or be sued in a representative capacity or
the legal existence of an organized association of persons that is made a party,
must be averred. A party desiring to raise an issue as to the legal existence of
any party or the capacity of any party to sue or be sued in a representative
capacity, shall do so by specific denial, which shall include such supporting
particulars as are peculiarly within the pleader's knowledge. cdta
SECTION 5. Fraud, Mistake, Condition of the Mind. In all averments of fraud
or mistake, the circumstances constituting fraud or mistake must be stated with
particularity. Malice, intent, knowledge or other condition of mind of a person may
be averred generally.
SECTION 6. Judgment. In pleading a judgment or decision of a domestic or
foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is
sufficient to aver the judgment or decision without setting forth matter showing
jurisdiction to render it.
SECTION 7. Action or Defense Based on Document. Whenever an action or
defense is based upon a written instrument or document, the substance of such
instrument or document shall be set forth in the pleading, and the original or a
copy thereof shall be attached to the pleading as an exhibit, which shall be
deemed to be a part of the pleading, or said copy may with like effect be set forth
in the pleading.
SECTION 8. How to Contest Genuineness of Such Documents. When an
action or defense is founded upon a written instrument, copied in or attached to
the corresponding pleading as provided in the preceding section, the
genuineness and due execution of the instrument shall be deemed admitted
unless the adverse party, under oath, specifically denies them, and sets forth
what he claims to be the facts; but this provision does not apply when the
adverse party does not appear to be a party to the instrument or when
compliance with an order for an inspection of the original instrument is refused.
SECTION 9. Official Document or Act. In pleading an official document or
official act it is sufficient to aver that the document was issued or the act done in
compliance with law.
SECTION 10. Specific Denial. The defendant must specify each material
allegation of fact the truth of which he does not admit and, whenever practicable,
shall set forth the substance of the matters which he will rely upon to support his
denial. Where a pleader desires to deny only a part or a qualification of an
averment, he shall specify so much of it as is true and material and shall deny
only the remainder. Where the defendant is without knowledge or information
sufficient to form a belief as to the truth of a material averment made in the
complaint, he shall so state, and this shall have the effect of a denial.
RULE 9
Effect of Pleadings
SECTION 1. Allegations Not Specifically Denied Deemed Admitted. Material
averment in the complaint, other than those as to the amount of damage, shall be
deemed admitted when not specifically denied. Allegations of usury are deemed
admitted if not denied specifically and under oath.
SECTION 2. Defenses and Objections Not Pleaded Deemed Waived.
Defenses and objections not pleaded either in a motion to dismiss or in the
answer are deemed waived; except the failure to state a cause of action which
may be alleged in a later pleading, if one is permitted, or by motion for judgment
on the pleadings, or at the trial on the merits; but in the last instance, the motion
shall be disposed of as provided in section 5 of Rule 10 in the light of any
evidence which may have been received. Whenever it appears that the court has
no jurisdiction over the subject-matter, it shall dismiss the action.
SECTION 3. Omission of Counterclaim or Cross-Claim. When a pleader fails
to set up a counterclaim or a cross-claim through oversight, inadvertence, or
excusable neglect, or when justice requires, he may, by leave of court, set up the
counterclaim or cross-claim by amendment before judgment.
SECTION 4. Counterclaim or Cross-Claim Not Set Up Barred. A counterclaim
or cross-claim not set up shall be barred if it arises out of or is necessarily
connected with, the transaction or occurrence that is the subject-matter of the
opposing party's or co-party's claim and does not require for its adjudication the
presence of third parties of whom the court cannot acquire jurisdiction.
SECTION 5. Striking Out of Pleading or Matter Contained Therein. Upon
motion made by a party before responding to a pleading or, if no responsive
pleading is permitted by these rules, upon motion made by a party within twenty
(20) days after the service of the pleading upon him, or upon the court's own
initiative at any time, the court may order any pleading to be stricken out or that
any sham or false, redundant, immaterial, impertinent, or scandalous matter be
stricken out therefrom.
RULE 10
Amended and Supplemental Pleadings
SECTION 1. Amendments in General. Pleadings may be amended by adding
or striking out an allegation or the name of any party, or by correcting a mistake
in the name of a party or a mistaken or inadequate allegation or description in
any other respect, so that the actual merits of the controversy may speedily be
determined, without regard to technicalities, and in the most expeditious and
inexpensive manner.
SECTION 2. When Amendments Allowed as a Matter of Right. A party may
amend his pleading once as a matter of course at any time before a responsive
pleading is served or, if the pleading is one to which no responsive pleading is
permitted and the action has not been placed upon the trial calendar, he may so
amend it at any time within ten (10) days after it is served.
SECTION 3. Amendments by Leave of Court. After the case is set for hearing,
substantial amendments may be made only upon leave of court. But such leave
may be refused if it appears to the court that the motion was made with intent to
delay the action or that the cause of action or defense is substantially altered.
Orders of the court upon the matters provided in this section shall be made upon
motion filed in court, and after notice to the adverse party, and an opportunity to
be heard.
SECTION 4. Formal Amendments. A defect in the designation of the parties
may be summarily corrected at any stage of the action provided no prejudice is
caused thereby to the adverse party.
SECTION 5. Amendment to Conform to or Authorize Presentation of Evidence.
When issues not raised by the pleadings are tried by express or implied
consent of the parties, they shall be treated in all respects, as if they had been
raised in the pleadings. Such amendment of the pleadings as may be necessary
to cause them to conform to the evidence and to raise these issues may be
made upon motion of any party at any time, even after judgment; but failure so to
amend does not affect the result of the trial of these issues. If evidence is
objected to at the trial on the ground that it is not within the issues made by the
pleadings, the court may allow the pleadings to be amended and shall do so
freely when the presentation of the merits of the action will be subserved thereby
and the objecting party fails to satisfy the court that the admission of such
evidence would prejudice him in maintaining his action or defense upon the
merits. The court may grant a continuance to enable the objecting party to meet
such evidence.
SECTION 6. Matters Subject of Supplemental Pleadings. Upon motion of a
party the court may, upon reasonable notice and upon such terms as are just,
permit him to serve a supplemental pleading setting forth transactions,
occurrence or events which have happened since the date of the pleading sought
to be supplemented. If the court deems it advisable that the adverse party should
plead thereto, it shall so order, specifying the time therefor.
cd

SECTION 7. Filing of Amended Pleadings. When any pleading is amended, a

new copy of the pleading, incorporating the amendments, which shall be
indicated by appropriate marks, shall be filed with the clerk of the court.
RULE 11
Periods for Pleading
SECTION 1. Time to Answer. Within fifteen (15) days after service of
summons the defendant shall file his answer and serve a copy thereof upon the
plaintiff, unless a different period is fixed by the court.
SECTION 2. Time to Answer When Defendant Is a Foreign Corporation.
Where the defendant is a foreign corporation and service of summons is made
on the government official designated by law to that effect, the defendant may
answer within thirty (30) days after receipt of summons.
SECTION 3. Answer to Amended Complaint. If the complaint is amended, the
time fixed for the filing and service of the answer shall, unless otherwise ordered,
run from notice of the order admitting the amended complaint or from service of
such amended complaint. An answer filed before the amendment shall stand as
an answer to the amended complaint, unless a new answer is filed within ten (10)
days from notice or service as herein provided.
SECTION 4. Answer to Counterclaim or Cross-Claim. A counterclaim or
cross-claim must be answered within ten (10) days from service.
SECTION 5. Answer to Third-Party Complaint. The third-party defendant shall
file his answer as provided in this rule, alleging his defenses and his
counterclaims and cross-claims against the plaintiff, the third-party plaintiff or any
other party as provided in Rule 6, and he may assert such defenses as the third-
party plaintiff may have against the plaintiff's claim.
SECTION 6. Reply. A reply may be filed within ten (10) days from service of
the pleading responded to.
SECTION 7. Extension of Time to Plead. Upon motion and on such terms as
may be just the court may extend the time to plead provided in these rules.
The court may also, upon like terms, allow an answer or other pleading to be filed
after the time fixed by these rules.
RULE 12
Bill of Particulars; Intervention
SECTION 1. Motion for Bill of Particulars. Before responding to a pleading or,
if no responsive pleading is permitted by these rules, within ten (10) days after
service of the pleading upon him, a party may move for a more definite statement
or for a bill of particulars of any matter which is not averred with sufficient
definiteness or particularity to enable him properly to prepare his responsive
pleading or to prepare for trial. Such motion shall point out the defects
complained of and the details desired.
(a) Bill a part of pleading. A bill of particulars becomes a part of
the pleading which it supplements. It shall be governed by
the rules of pleading and the original shall be filed with the
clerk of the court.
(b) Stay of period to file responsive pleading. After service of the
bill of particulars or of a more definite pleading, or after
notice of denial of his motion, the moving party shall have
 the same time to serve his responsive pleading, if any is
permitted by these rules, as that to which he was entitled at
the time of serving his motion, but not less than five (5) days
in any event.
(c) Refusal. If an order of the court to make a pleading more
definite and certain or for a bill of particulars is not obeyed
within ten (10) days after notice of the order or within such
other time as the court may fix, the court may order the
striking out of the pleading to which the motion was directed
or make such other order as it deems just. It may, upon
motions, set aside the order, or modify it in the interest of
justice.
SECTION 2. Intervention. A person may, before or during a trial, be permitted
by the court, in its discretion, to intervene in an action, if he has legal interest in
the matter in litigation, or in the success of either of the parties, or an interest
against both, or when he is so situated as to be adversely affected by a
distribution or other disposition of property in the custody of the court or of an
officer thereof.
(a) Motion for intervention. A person desiring to intervene shall
file a motion for leave of court with notice upon all the parties
to the action.
(b) Discretion of court. In allowing or disallowing a motion for
intervention, the court, in the exercise of discretion, shall
consider whether or not the intervention will unduly delay or
prejudice the adjudication of the rights of the original parties
and whether or not the intervenor's rights may be fully
protected in a separate proceeding.
(c) Complaint or answer in intervention. The intervention shall
be made by complaint filed and served in regular form, and
may be answered as if it were an original complaint; but
where intervenor unites with the defendant in resisting the
claims of the plaintiff, the intervention may be made in the
form of an answer to the complaint.
(d) Time. Unless a different period is fixed by the court, the
complaint or answer in intervention shall be filed within ten
(10) days from notice of the order permitting such
intervention.
RULE 13
Service and Filing of Pleadings and Other Papers
SECTION 1. Filing With the Court, Defined. The filing of pleadings,
appearances, motions, notices, orders and other papers with the court as
required by these rules shall be made by filing them personally with the clerk of
the court or by sending them by registered mail. In the first case, the clerk shall
endorse on the pleading the date and hour of filing. In the second case, the date
of the mailing of motions, pleadings, or any other papers or payments or
deposits, as shown by the post office stamp on the envelope or the registry
receipt, shall be considered as the date of their filing, payment, or deposit in
court. The envelope shall be attached to the record of the case.
SECTION 2. Papers to Be Filed and Served. Every order required by its terms
to be served, every pleading subsequent to the complaint, every written motion
other than one which may be heard ex parte, and every written notice,
appearance, demand, offer of judgment or similar papers shall be filed with the
court, and served upon the parties affected thereby. If any of such parties has
appeared by an attorney or attorneys, service upon him shall be made upon his
attorneys or one of them, unless service upon the party himself is ordered by the
court. Where one attorney appears for several parties, he shall only be entitled to
one copy of any paper served upon him by the opposite side.
SECTION 3. Modes of Service. Service of pleadings, motions, notices, orders,
judgment and other papers shall be made either personally or by mail.
SECTION 4. Personal Service. Service of the papers may be made by
delivering personally a copy to the party or his attorney, or by leaving it in his
office with his clerk or with a person having charge thereof. If no person is found
in his office, or his office is not known, then by leaving the copy, between the
hours of eight in the morning and six in the evening, at the party's or attorney's
residence, if known, with a person of sufficient discretion to receive the same.
SECTION 5. Service by Registered or Ordinary Mail. If service is not made
personally, service by registered mail shall be required if registry service exists in
the locality; otherwise, service may be made by depositing the copy in the post
office, in a sealed envelope, plainly addressed to the party or his attorney at his
office, if known, otherwise at his residence, if known, with postage fully prepaid,
and with instructions to the postmaster to return the mail to the sender after ten
(10) days if undelivered.
SECTION 6. Substituted Service. If service cannot be made under the two
preceding sections, the office and place of residence of the party or his attorney
being unknown, service may be made by delivering the copy to the clerk of court,
with proof of failure of both personal service and service by mail. The service is
complete at the time of such delivery.
SECTION 7. Service of Final Orders or Judgments. Final orders or judgments
shall be served either personally or by registered mail. When a party summoned
by publication has failed to appear in the action, final orders or judgments against
him shall be served upon him also by publication at the expense of the prevailing
party.
SECTION 8. Completeness of Service. Personal service is complete upon
actual delivery. Service by ordinary mail is complete upon the expiration of five
(5) days after mailing, unless the court otherwise provides. Service by registered
mail is complete upon actual receipt by the addressee; but if he fails to claim his
mail from the post office within five (5) days from the date of first notice of the
postmaster, service shall take effect at the expiration of such time.
SECTION 9. Service Upon Party in Default. No service of papers other than
substantially amended or supplemental pleadings and final orders or judgments
shall be necessary on a party in default unless he files a motion to set aside the
order of default, in which event he shall be entitled to notice of all further
proceedings regardless of whether the order of default is set aside or not.
SECTION 10. Proof of Service. Proof of personal service shall consist of a
written admission of the party served, or the affidavit of the party serving,
containing a full statement of the date, place and manner of service. If the service
is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing
of facts showing compliance with section 5 of this Rule. If service is made by
registered mail, proof shall be made by such affidavit and the registry receipt
issued by the mailing office. The registry return card shall be filed immediately
upon receipt thereof by the sender, or in lieu thereof the letter unclaimed together
with the certified or sworn copy of the notice given by the postmaster to the
addressee.
RULE 14
Summons
SECTION 1. Clerk to Issue Summons. Upon the filing of the complaint, the
clerk of court shall forthwith issue the corresponding summons to the defendants.
SECTION 2. Defendants Residing in Different Provinces. If the defendants
reside in different provinces, one summons shall issue for all the defendants
residing in one province and another for all the defendants residing in another
province, and in the same way until summons have been issued for all the
defendants.
SECTION 3. Contents. The summons shall be directed to the defendant,
signed by the clerk of the court under its seal, and contain: (a) the name of the
court and the names of the parties to the action; (b) a direction that the defendant
answer within the time fixed by these rules; (c) a notice that unless the defendant
so answers, plaintiff will take judgment by default and demand from the court the
relief applied for.
A copy of the complaint and order for appointment of guardian ad litem, if any,
shall be attached to the original and each copy of the summons.
SECTION 4. Issuance of Other Summons. If a summons is returned without
being served on any or all of the defendants, or if it has been lost, the clerk, on
demand of the plaintiff, may issue other summons as the case may require, in
the same form as the original.
SECTION 5. By Whom Summons May Be Served. The summons may be
served by the sheriff or other proper court officer of the province in which service
is to be made, or for special reasons by any person especially authorized by the
judge of the court issuing the summons.
SECTION 6. Return. When the service has been completed, the server shall
give notice thereof, by registered mail, to the plaintiff or his counsel, and shall
return the summons to the clerk who issued it, accompanied with the proof of
service.
SECTION 7. Personal Service of Summons. The summons shall be served by
handing a copy thereof to the defendant in person, or, if he refuses to receive it,
by tendering it to him.
SECTION 8. Substituted Service. If the defendant cannot be served within a
reasonable time as provided in the preceding section, service may be effected
(a) by leaving copies of the summons at the defendant's dwelling house or
residence with some person of suitable age and discretion then residing therein,
or (b) by leaving the copies at defendant's office or regular place of business with
some competent person in charge thereof.
SECTION 9. Service Upon Associations. When persons associated in
business are sued under a common name service may be effected upon all the
defendants by serving upon any one of them, or upon the person in charge of the
office or place of business maintained in the common name. But such service
shall not bind individually any person whose connection with the association has,
upon due notice, been severed before the action was brought.
SECTION 10. Service Upon Minors. When the defendant is a minor, service
shall be made on him personally and also on his guardian or person exercising
parental authority over him; but the court may order that service made on a minor
of fifteen (15) or more years of age shall be sufficient.
SECTION 11. Service Upon Insane or Incompetent. When the defendant is
insane or judicially declared incompetent, service shall be effected on him
personally and on his guardian or person exercising parental authority over him.
SECTION 12. Service Upon Prisoners. When a prisoner confined in a jail or
institution is a defendant, service may be effected upon him by serving on the
officer having the management of such jail or institution.
SECTION 13. Service Upon Private Domestic Corporation or Partnership. If
the defendant is a corporation organized under the laws of the Philippines or a
partnership duly registered, service may be made on the president, manager,
secretary, cashier, agent, or any of its directors.
SECTION 14. Service Upon Private Foreign Corporations. If the defendant is
a foreign corporation, or a nonresident joint stock company or association, doing
business in the Philippines, service may be made on its resident agent
designated in accordance with law for that purpose, or, if there be no such agent,
on the government official designated by law to that effect, or on any of its
officers or agents within the Philippines.
SECTION 15. Service Upon Public Corporations. When the defendant is the
Republic of the Philippines service may be effected on the Solicitor General; in
case of a province, city or municipality, or like public corporations, service may
be effected on its executive head, or on such other officer or officers as the law
or the court may direct.
SECTION 16. Service Upon an Unknown Defendant. Whenever the defendant
is designated as an unknown owner, or the like, or whenever the address of a
defendant is unknown and cannot be ascertained by diligent inquiry, service may,
by leave of court, be effected upon him by publication in a newspaper of general
circulation and in such places and for such time as the court may order.
SECTION 17. Extraterritorial Service. When the defendant does not reside
and is not found in the Philippines and the action affects the personal status of
the plaintiff or relates to, or the subject of which is, property within the
Philippines, in which the defendant has or claims a lien or interest, actual or
contingent, or in which the relief demanded consists, wholly or in part, in
excluding the defendant from any interest therein, or the property of the
defendant has been attached within the Philippines, service may, by leave of
court, be effected out of the Philippines by personal service as under section 7;
or by publication in a newspaper of general circulation in such places and for
such time as the court may order, in which case a copy of the summons and
order of the court shall be sent by registered mail to the last known address of
the defendant, or in any other manner the court may deem sufficient. Any order
granting such leave shall specify a reasonable time, which shall not be less than
sixty (60) days after notice, within which the defendant must answer.
SECTION 18. Residents Temporarily Out of the Philippines. When an action is
commenced against a defendant who ordinarily resides within the Philippines,
but who is temporarily out of it, service may, by leave of court, be effected out of
the Philippines, as under the preceding section.
SECTION 19. Leave of Court. Any application to the court under this rule for
leave to effect service in any manner for which leave of court is necessary shall
be made by motion in writing, supported by affidavit of the plaintiff or some
person on his behalf, setting forth the grounds for the application.
SECTION 20. Proof of Service. The proof of service of a summons shall be
made in writing by the server and shall set forth the manner, place and date of
service; shall specify any papers which have been served with the process and
the name of the person who received the same; and shall be sworn to when
made by a person other than a sheriff or his deputy.
SECTION 21. Proof of Service by Publication. If the service has been made
by publication, service may be proved by the affidavit of the printer, his foreman
or principal clerk, or of the editor, business or advertising manager, to which
affidavit a copy of the publication shall be attached, and by an affidavit showing
the deposit of a copy of the summons and order for publication in the post office,
postage prepaid, directed to the defendant by registered mail to his last known
address.
SECTION 22. Proof of Service by Registered Mail. Service by registered mail
under this rule may be proved by a certificate of the sheriff or affidavit of the
person especially authorized by the court, showing that a copy of the summons
and papers attached thereto, inclosed in an envelope and addressed to the
defendant, with postage prepaid, has been mailed, to which certificate or affidavit
the registry receipt and return card shall be attached.
SECTION 23. What is Equivalent to Service. The defendant's voluntary
appearance in the action shall be equivalent to service.
SECTION 24. Notice of Lis Pendens. In an action affecting the title or the right
of possession of real property, the plaintiff, at the time of filing the complaint, and
the defendant, at the time of filing his answer, when affirmative relief is claimed in
such answer, or at any time afterwards, may record in the office of the registrar of
deeds of the province in which the property is situated a notice of the pendency
of the action, containing the names of the parties and the object of the action or
defense, and a description of the property in that province affected thereby. From
the time only of filing such notice for record shall a purchaser, or incumbrancer of
the property affected thereby, be deemed to have constructive notice of the
pendency of the action, and only of its pendency against parties designated by
their real names.
The notice of lis pendens hereinabove mentioned may be cancelled only upon
order of the court, after proper showing that the notice is for the purpose of
molesting the adverse party, or that it is not necessary to protect the rights of the
party who caused it to be recorded.
RULE 15
Motions in General
SECTION 1. Motion Defined. Every application for an order not included in a
judgment, may be called a motion.
SECTION 2. Motion Must Be in Writing. All motions shall be made in writing
except motions for continuance made in the presence of the adverse party, or
those made in the course of a hearing or trial.
SECTION 3. Contents. A motion shall state the order sought to be obtained
and the grounds upon which it is based, and if necessary shall be accompanied
by supporting affidavits and other papers.
SECTION 4. Notice. Notice of a motion shall be served by the applicant to all
parties concerned, at least three (3) days before the hearing thereof, together
with a copy of the motion, and of any affidavits and other papers accompanying
it. The court, however, for good cause may hear a motion on shorter notice,
specially on matters which the court may dispose of on its own motion.
SECTION 5. Contents of Notice. The notice shall be directed to the parties
concerned, and shall state the time and place for the hearing of the motion.
SECTION 6. Proof of Service, to Be Filed With Motion. No motion shall be
acted upon by the court, without proof of service of the notice thereof, except
when the court is satisfied that the rights of the adverse party or parties are not
affected.
SECTION 7. Motion Day. The first hours of the morning session of the court
every Saturday each week shall be devoted to hearing motions, unless, for
special reasons, the court shall fix another day therefor.
SECTION 8. Omnibus Motion. A motion attacking a pleading or a proceeding
shall include all objections then available, and all objections not so included shall
be deemed waived.
SECTION 9. Form. The rules applicable to pleadings shall apply to all motions
so far as concerns caption, signing and other matters of form.
RULE 16
Motion to Dismiss
SECTION 1. Grounds. Within the time for pleading a motion to dismiss the
action may be made on any of the following grounds:
 (a) That the court has no jurisdiction over the person of the
defendant or over the subject of the action or suit;
(b) That the court has no jurisdiction over the nature of the action
or suit;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the same parties
for the same cause;
(f) That the cause of action is barred by a prior judgment or by the
statute of limitations;
(g) That the complaint states no cause of action;
(h) That the claim or demand set forth in the plaintiff's pleading has
been paid, waived, abandoned, or otherwise extinguished;
(i) That the claim on which the action or suit is founded is
unenforceable under the provisions of the statute of frauds;
(j) That the suit is between members of the same family and no
earnest efforts towards a compromise have been made.
SECTION 2. Who May File Motion. A motion to dismiss may be filed by an
original defendant, by a third-party defendant, by plaintiff in a counterclaim or by
a co-party in a cross-claim. cdtai

SECTION 3. Hearing and Order. After hearing the court may deny or grant the
motion or allow amendment of pleading, or may defer the hearing and
determination of the motion until the trial if the ground alleged therein does not
appear to be indubitable.
SECTION 4. Time to Plead. If the motion to dismiss is denied or if
determination thereof is deferred, the movant shall file his answer within the
period prescribed by Rule 11, computed from the time he received notice of the
denial or deferment, unless the court provides a different period.
SECTION 5. Pleading Grounds as Affirmative Defenses. Any of the grounds
for dismissal provided for in this rule, except improper venue, may be pleaded as
an affirmative defense, and a preliminary hearing may be had thereon as if a
motion to dismiss had been filed.
RULE 17
Dismissal of Actions
SECTION 1. Dismissal by the Plaintiff . An action may be dismissed by the
plaintiff without order of court by filing a notice of dismissal at any time before
service of the answer or of a motion for summary judgment. Unless otherwise
stated in the notice, the dismissal is without prejudice, except that a notice
operates as an adjudication upon the merits when filed by a plaintiff who has
once dismissed in a competent court an action based on or including the same
claim. A class suit shall not be dismissed or compromised without the approval of
the court.
SECTION 2. Dismissal by Order of the Court. Except as provided in the
preceding section, an action shall not be dismissed at the plaintiff's instance save
upon order of the court and upon such terms and conditions as the court deems
proper. If a counterclaim has been pleaded by a defendant prior to the service
upon him of the plaintiff's motion to dismiss, the action shall not be dismissed
against the defendant's objection unless the counterclaim can remain pending for
independent adjudication by the court. Unless otherwise specified in the order, a
dismissal under this paragraph shall be without prejudice.
SECTION 3. Failure to Prosecute. If plaintiff fails to appear at the time of the
trial, or to prosecute his action for an unreasonable length of time, or to comply
with these rules or any order of the court, the action may be dismissed upon
motion of the defendant or upon the court's own motion. This dismissal shall
have the effect of an adjudication upon the merits, unless otherwise provided by
court.
SECTION 4. Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim.
The provisions of this rule apply to the dismissal of any counterclaim, cross-
claim, or third-party claim. A voluntary dismissal by the claimant alone by notice
pursuant to section 1 of this Rule, shall be made before a responsive pleading or
a motion for summary judgment is served or, if there is none, before the
introduction of evidence at the trial or hearing.
RULE 18
Defaults
SECTION 1. Judgment by Default. If the defendant fails to answer within the
time specified in these rules, the court shall, upon motion of the plaintiff and proof
of such failure, declare the defendant in default. Thereupon the court shall
proceed to receive the plaintiff's evidence and render judgment granting him such
relief as the complaint and the facts proven may warrant. This provision applies
where no answer is made to a counterclaim, cross-claim, or third-party complaint
within the period provided in this rule.cdtai

SECTION 2. Effect of Order of Default. Except as provided in section 9 of

Rule 13, a party declared in default shall not be entitled to notice of subsequent
proceedings, nor to take part in the trial.
SECTION 3. Relief From Order of Default. A party declared in default may at
any time after discovery thereof and before judgment file a motion under oath to
set aside the order of default upon proper showing that his failure to answer was
due to fraud, accident, mistake or excusable neglect and that he has a
meritorious defense. In such case the order of default may be set aside on such
terms and conditions as the judge may impose in the interest of justice.
SECTION 4. Judgment When Some Defendants Answer, and Others Make
Default. When a complaint states a common cause of action against several
defendants, some of whom answer, and the others fail to do so, the court shall
try the case against all upon the answers thus filed and render judgment upon
the evidence presented. The same procedure applies when a common cause of
action is pleaded in a counterclaim, cross-claim and third-party claim.
SECTION 5. Extent of Relief to Be Awarded. A judgment entered against a
party in default shall not exceed the amount or be different in kind from that
prayed for.
SECTION 6. No Defaults in Actions for Annulments of Marriage or for Legal
Separation. If the defendant in an action for annulment of marriage or for legal
separation fails to answer, the court shall order the prosecuting attorney to
investigate whether or not a collusion between the parties exists, and if there is
no collusion, to intervene for the State in order to see to it that the evidence
submitted is not fabricated.
RULE 19
Judgment on the Pleadings
SECTION 1. Judgment on the Pleadings. Where an answer fails to tender an
issue, or otherwise admits the material allegations of the adverse party's
pleading, the court may, on motion of that party, direct judgment on such
pleading. But in actions for annulment of marriage or for legal separation the
material facts alleged in the complaint shall always be proved.
RULE 20
Pre-Trial
SECTION 1. Pre-trial Mandatory. In any action, after the last pleading has
been filed, the court shall direct the parties and their attorneys to appear before it
for a conference to consider:
(a) The possibility of an amicable settlement or of a submission to
arbitration;
(b) The simplification of the issues;
(c) The necessity or desirability of amendments to the pleadings;
 (d) The possibility of obtaining stipulations or admissions of facts
and of documents to avoid unnecessary proof;
(e) The limitation of the number of witnesses;
(f) The advisability of a preliminary reference of issues to a
commissioner;
(g) Such other matters as may aid in the prompt disposition of the
action.
SECTION 2. Failure to Appear at Pre-Trial Conference. A party who fails to
appear at a pre-trial conference may be non-suited or considered as in default.
SECTION 3. Judgment on the Pleadings and Summary Judgment at Pre-Trial.
If at the pre-trial the court finds that facts exist upon which a judgment on the
pleadings or a summary judgment may be made, it may render judgment on the
pleadings or a summary judgment as justice may require. cdtai

SECTION 4. Record of Pre-Trial Results. After the pre-trial the court shall
make an order which recites the action taken at the conference, the amendments
allowed to the pleadings, and the agreements made by the parties as to any of
the matters considered. Such order shall limit the issues for trial to those not
disposed of by admissions or agreements of counsel and when entered controls
the subsequent course of the action, unless modified before trial to prevent
manifest injustice.
SECTION 5. Pre-Trial Calendar. The court shall cause to be prepared a pre-
trial calendar of cases for consideration as above provided. Upon the submission
of the last pleading in a particular case, it shall be the duty of the clerk of court to
place such case in the pre-trial calendar.
RULE 21
Suspension of Actions
SECTION 1. Grounds for Suspension. Any party to an action may, at any time
before the date set for pre-trial, file a petition with the court for the suspension of
the proceedings with a view of securing a possible compromise if (1) it appears
that any one or both of the parties have expressed at any time willingness to
discuss a possible compromise, or (2) it is alleged under oath that one of the
parties, before the commencement of the action or proceeding, offered to discuss
a possible compromise but the other party had refused the offer.
SECTION 2. When Action Shall Not Be Suspended. No suspension shall be
granted for the purpose of discussing compromise upon any of the following
questions:
(a) The civil status of persons;
 (b) The validity of a marriage or a legal separation;
(c) Any ground for legal separation;
(d) Future support;
(e) The jurisdiction of courts;
(f) Future legitime;
(g) Habeas corpus and election cases.
SECTION 3. Proceeding Upon Suspension. Upon the filing of such petition the
case shall be placed in the pre-trial calendar. At the pre-trial proceedings the
court shall endeavor to persuade the litigants to agree upon some fair
compromise, or appoint arbitrators to help in the settlement of the case. If the
importance or difficulty of the matter justifies it, the court may refer the
controversy to a board of arbitrators appointed as provided in Republic Act No.
876.
SECTION 4. Period of Suspension. No suspension for a period longer than
sixty (60) days from notice of the order of suspension shall be allowed except
upon justifiable grounds. If no compromise is arrived at within the period
provided, the case shall continue as if no suspension of the proceedings had
taken place.
RULE 22
Calendar and Adjournments
SECTION 1. Trial Calendar. The clerk of court shall have a trial calendar for
the cases that have passed pre-trial stage. Preferential cases including habeas
corpus,election cases, special civil actions, and those so declared by law, shall
be given precedence.
SECTION 2. Notice of Trial. Upon entry of a case in the trial calendar the clerk
shall cause a notice of the date of its trial to be served upon the parties.
SECTION 3. Adjournments and Postponements. A court may adjourn a trial
from day to day, and to any stated time, as the expeditious and convenient
transaction of business may require, but shall have no power to adjourn a trial for
a longer period than one month for each adjournment, nor more than three
months in all, except when authorized in writing by the Chief Justice of the
Supreme Court.
SECTION 4. Requisites of Motion to Postpone Trial for Absence of Evidence.
A motion to postpone a trial on the ground of absence of evidence can be
granted only upon affidavit showing the materiality of evidence expected to be
obtained, and that due diligence has been used to procure it. But if the adverse
party admits the facts to be given in evidence, even if he objects or reserves the
right to object to their admissibility, the trial must not be postponed.
SECTION 5. Requisites of Motion to Postpone Trial for Illness of Party or
Counsel. A motion to postpone a trial on the ground of illness of a party or
counsel may be granted if it appears upon affidavit that the presence of such
party or counsel at the trial is indispensable and that the character of his illness is
such as to render his non-attendance excusable.
SECTION 6. Annual Conference on Pending Cases. At the end of one year
from the day the trial proper has commenced, and every year thereafter, if the
trial has not been terminated, the judge shall call the parties and their counsel to
a conference to devise ways and means of terminating the trial. A statement of
the result of the conference, signed by the judge and counsel, shall be attached
to the record, showing the reason why the trial has not terminated; number and
names of witnesses yet to be presented by the parties; any facts stipulated
during the conference; the efforts exerted to settle the case and similar matters.
Copy of the statement shall be furnished the Supreme Court and the Secretary of
Justice within ten (10) days after such conference. cdtai

SECTION 7. Assignment of Cases. In the assignment of cases to the different

branches of a Court of First Instance, or their transfer from one branch to another
whether by raffle or otherwise, the parties or their counsel shall be given written
notice sufficiently in advance so that they may be present therein if they so
desire.
RULE 23
Subpoena
SECTION 1. Subpoena and Subpoena Duces Tecum. Subpoena is a process
directed to a person requiring him to attend and to testify at the hearing or the
trial of an action, or at any investigation conducted under the laws of the
Philippines, or for the taking of his deposition. It may also require him to bring
with him any books, documents, or other things under his control, in which case it
is called a subpoena duces tecum.
SECTION 2. By Whom Issued. The subpoena shall be issued by the court or
judge before whom the witness is required to attend, or by the judge of the Court
of First Instance of the province or any judge of the municipality or city where the
deposition is to be taken or the investigation is to be conducted, or by any Justice
of the Supreme Court or Court of Appeals in any case pending within the
Philippines. If a prisoner, not confined in a municipal jail, is required to attend
before an inferior court, the judge of the Court of First Instance of the province
where the inferior court is sitting, or any Justice of the Court of Appeals or of the
Supreme Court may issue thesubpoena.
SECTION 3. Form and Contents. A subpoena shall be signed by the clerk, or
by the judge if his court has no clerk, under the seal of the court. It shall state the
name of the court and the title of the action or investigation, shall be directed to
the person whose attendance is required, and if a subpoena duces tecum, it shall
also contain a reasonable description of the books, documents or things
demanded which must appear to the court prima facie relevant.
SECTION 4. Quashing a Subpoena Duces Tecum. The court upon motion
made promptly and in any event at or before the time specified in the subpoena
duces tecumfor compliance therewith, may quash the subpoena if it is
unreasonable and oppressive, or the relevancy of the books, documents or
things does not appear, or if the person in whose behalf the subpoena is issued
fails to advance the reasonable cost of the production thereof.
SECTION 5. Subpoena for Depositions. Proof of service of a notice to take a
deposition, as provided in sections 15 and 25 of Rule 24, constitutes a sufficient
authorization for the issuance of subpoenas for the person named in said notice
by the clerk of the Court of First Instance for the province, or by the judge of the
municipality or city, in which the deposition is to be taken. The clerk shall not,
however, issue a subpoena duces tecum to any such person without an order of
the court.
SECTION 6. Service. Service of a subpoena shall be made by the sheriff, by
his deputy, or by any other person specially authorized who is not a party and is
not less than eighteen (18) years of age. The original shall be exhibited and a
copy thereof delivered to the person named therein, tendering to him the fees for
one day's attendance and the kilometrage allowed by these rules, except that,
when a subpoena is issued by or on behalf of the Republic of the Philippines or
an officer or agency thereof, the tender need not be made. The service must be
made so as to allow the witness a reasonable time for preparation and travel to
the place of attendance. If the subpoena is duces tecum, the reasonable cost of
producing the books, documents or things demanded shall also be tendered.
SECTION 7. Service When Witness Is Concealed. If it is shown by affidavit
that a witness is concealed in a building or vessel so as to prevent the service
upon him of a subpoena and that his testimony or the things demanded from him
are material, the court or judge issuing the subpoena may issue an order
authorizing the sheriff or his deputy or the person specially authorized to serve it,
to break into the building or vessel where the witness is concealed for the
purpose of effecting the service.
SECTION 8. Service of Subpoena Upon a Prisoner. If the witness required to
attend is a prisoner, the subpoena shall be served upon the officer having the
management of the jail, who in turn shall serve it upon the prisoner.
SECTION 9. Witness Not Bound by Subpoena. A witness is not bound to
attend as such before any court, judge, or other officer out of the province in
which he resides, unless the distance be less than fifty (50) kilometers from his
place of residence to the place of trial by the usual course of travel. A prisoner
cannot be removed from the province where he is serving sentence, except upon
special order of the court issuing the subpoena. In case of a detention prisoner,
the permission of the court in which his case is pending shall also be obtained.
SECTION 10. Personal Presence in Court. A person present in court before a
judicial officer may be required to testify as if he were in attendance upon
a subpoenaissued by such court or officer.
SECTION 11. Compelling Attendance. In case of failure of a witness to attend,
the court or judge issuing the subpoena, upon proof of the service thereof, and of
the failure of the witness, may issue a warrant to the sheriff of the province, or his
deputy, to arrest the witness and bring him before the court or officer where his
attendance is required, and the costs of such warrant and seizure of such
witness shall be paid by the witness if the court issuing it shall determine that his
failure to answer thesubpoena was willful and without just excuse.
SECTION 12. Contempt. Failure by any person without adequate cause to
obey a subpoena served upon him shall be deemed a contempt of the court from
which thesubpoena is issued.
RULE 24
Depositions and Discovery
SECTION 1. Depositions Pending Action, When May Be Taken. By leave of
court after jurisdiction has been obtained over any defendant or over property
which is the subject of the action, or without such leave after an answer has been
served, the testimony of any person, whether a party or not, may be taken, at the
instance of any party, by deposition upon oral examination or written
interrogatories. The attendance of witnesses may be compelled by the use of
a subpoena as provided in Rule 23. Depositions shall be taken only in
accordance with these rules. The deposition of a person confined in prison may
be taken only by leave of court on such terms as the court prescribes.
SECTION 2. Scope of Examination. Unless otherwise ordered by the court as
provided by section 16 or 18 of this rule, the deponent may be examined
regarding any matter, not privileged, which is relevant to the subject of the
pending action, whether relating to the claim or defense of any other party,
including the existence, description, nature custody, condition, and location of
any books, documents, or other tangible things and the identity and location of
persons having knowledge of relevant facts.
SECTION 3. Examination and Cross-Examination. Examination and cross-
examination of deponents may proceed as permitted at the trial under Rule 132,
sections 3 to 10, 12, 13 and 19.
SECTION 4. Use of Depositions. At the trial or upon the hearing of a motion or
an interlocutory proceeding, any part or all of a deposition, so far as admissible
under the rules of evidence, may be used against any party who was present or
represented at the taking of the deposition or who had due notice thereof, in
accordance with any one of the following provisions:
(a) Any deposition may be used by any party for the purpose of
contradicting or impeaching the testimony of deponent as a
witness;
(b) The deposition of a party or of any one who at the time of taking
the deposition was an officer, director, or managing agent of
a public or private corporation, partnership, or association
which is a party may be used by an adverse party for any
purpose;
(c) The deposition of a witness, whether or not a party, may be
used by any party for any purpose if the court finds: (1) that
the witness is dead; or (2) that the witness is out of the
province and at a greater distance than fifty (50) kilometers
from the place of trial or hearing, or is out of the Philippines,
unless it appears that his absence was procured by the party
offering the deposition; or (3) that the witness is unable to
attend or testify because of age, sickness, infirmity, or
imprisonment; or (4) that the party offering the deposition
has been unable to procure the attendance of the witness
bysubpoena; or (5) upon application and notice, that such
exceptional circumstances exist as to make it desirable, in
the interest of justice and with due regard to the importance
of presenting the testimony of witnesses orally in open court,
to allow the deposition to be used;
(d) If only part of a deposition is offered in evidence by a party, the
adverse party may require him to introduce all of it which is
relevant to the part introduced, and any party may introduce
any other parts.
SECTION 5. Effect of Substitution of Parties. Substitution of parties does not
affect the right to use depositions previously taken; and, when an action has
been dismissed and another action involving the same subject is afterwards
brought between the same parties or their representatives or successors-in-
interest, all depositions lawfully taken and duly filed in the former action may be
used in the latter as if originally taken therefor.
SECTION 6. Objections to Admissibility. Subject to the provisions of section
29 of this rule, objection may be made at the trial or hearing to receiving in
evidence any deposition or part thereof for any reason which would require the
exclusion of the evidence if the witness were then present and testifying.
SECTION 7. Effect of Taking Depositions. A party shall not be deemed to
make a person his own witness for any purpose by taking his deposition.
SECTION 8. Effect of Using Depositions. The introduction in evidence of the
deposition or any part thereof for any purpose other than that of contradicting or
impeaching the deponent makes the deponent the witness of the party
introducing the deposition, but this shall not apply to the use by an adverse party
of a deposition as described in paragraph (b) of section 4 of this rule.
SECTION 9. Rebutting Deposition. At the trial or hearing any party may rebut
any relevant evidence contained in a deposition whether introduced by him or by
any other party.
SECTION 10. Persons Before Whom Depositions May Be Taken Within the
Philippines. Within the Philippines, depositions shall be taken before any
judge, justice of the peace or notary public.
SECTION 11. Persons Before Whom Depositions May Be Taken in Foreign
Countries. In a foreign state or country, depositions shall be taken (a) on
notice before a secretary of embassy or legation, consul general, consul, vice-
consul, or consular agent of the Republic of the Philippines, or (b) before such
person or officer as may be appointed by commission or under letters
rogatory. cdasia

SECTION 12. Commission or Letters Rogatory. A commission or letters

rogatory shall be issued only when necessary or convenient, on application and
notice, and on such terms and with such directions as are just and appropriate.
Officers may be designated in notices or commissions either by name or
descriptive title and letters rogatory may be addressed "To the Appropriate
Judicial Authority in (here name the country)."
SECTION 13. Disqualification by Interest. No deposition shall be taken before
a person who is a relative within the sixth degree of consanguinity or affinity, or
employee or attorney of any of the parties; or who is a relative within the same
degree, or employee of such attorney; or who is financially interested in the
action.
SECTION 14. Stipulations Regarding Taking of Deposition. If the parties so
stipulate in writing, depositions may be taken before any person authorized to
administer oaths, at any time or place, upon any notice, and in any manner, and
when so taken may be used like other depositions.
SECTION 15. Deposition Upon Oral Examinations;Notice; Time and Place. A
party desiring to take the deposition of any person upon oral examination shall
give reasonable notice in writing to every other party to the action. The notice
shall state the time and place for taking the deposition and the name and
address of each person to be examined, if known, and if the name is not known,
a general description sufficient to identify him or the particular class or group to
which he belongs. On motion of any party upon whom the notice is served, the
court may for cause shown enlarge or shorten the time.
SECTION 16. Orders for the Protection of Parties and Deponents. After notice
is served for taking a deposition by oral examination, upon motion seasonably
made by any party or by the person to be examined and upon notice and for
good cause shown, the court in which the action is pending may make an order
that the deposition shall not be taken, or that it may be taken only at some
designated place other than that stated in the notice, or that it may be taken only
on written interrogatories, or that certain matters shall not be inquired into, or that
the scope of the examination shall be limited to certain matters, or that the
examination shall be held with no one present except the parties to the action
and their officers or counsel, or that after being sealed the deposition shall be
opened only by order of the court, or that secret processes, developments, or
research need not be disclosed, or that the parties shall simultaneously file
specified documents or information enclosed in sealed envelopes to be opened
as directed by the court; or the court may make any other order which justice
requires to protect the party or witness from annoyance, embarrassment, or
oppression.
SECTION 17. Record of Examination; Oath; Objections. The officer before
whom the deposition is to be taken shall put the witness on oath and shall
personally, or by some one acting under his direction and in his presence, record
the testimony of the witness. The testimony shall be taken stenographically
unless the parties agree otherwise. All objections made at the time of the
examination to the qualifications of the officer taking the deposition, or to the
manner of taking it, or to the evidence presented, or to the conduct of any party,
and any other objection to the proceedings, shall be noted by the officer upon the
deposition. Evidence objected to shall be taken subject to the objections. In lieu
of participating in the oral examination, parties served with notice of taking a
deposition may transmit written interrogatories to the officers, who shall propound
them to the witness and record the answers verbatim.
SECTION 18. Motion to Terminate or Limit Examination. At any time during
the taking of the deposition, on motion of any party or of the deponent and upon
a showing that the examination is being conducted in bad faith or in such manner
as unreasonably to annoy, embarrass, or oppress the deponent or party, the
court in which the action is pending or the Court of First Instance of the province
where the deposition is being taken may order the officer conducting the
examination to cease forthwith from taking the deposition, or may limit the scope
and manner of the taking of the deposition as provided in section 16 of this rule.
If the order made terminates the examination, it shall be resumed thereafter only
upon the order of the court in which the action is pending. Upon demand of the
objecting party or deponent, the taking of the deposition shall be suspended for
the time necessary to make a notice for an order. In granting or refusing such
order the court may impose upon either party or upon the witness the
requirement to pay such costs or expenses as the court may deem reasonable.
SECTION 19. Submission to Witness; Changes; Signing. When the testimony
is fully transcribed the deposition shall be submitted to the witness for
examination and shall be read to or by him, unless such examination and reading
are waived by the witness and by the parties. Any changes in form or substance
which the witness desires to make shall be entered upon the deposition by the
officer with a statement of the reasons given by the witness for making them. The
deposition shall then be signed by the witness, unless the parties by stipulation
waive the signing or the witness is ill or cannot be found or refuses to sign. If the
deposition is not signed by the witness, the officer shall sign it and state on the
record the fact of the waiver or of the illness or absence of the witness or the fact
of the refusal to sign together with the reason, if any, given therefor; and the
deposition may then be used as fully as though signed, unless on a motion to
suppress under section 29(f) of this rule, the court holds that the reasons given
for the refusal to sign require rejection of the deposition in whole or in part.
SECTION 20. Certification and Filing by Officer. The officer shall certify on the
deposition that the witness was duly sworn to by him and that the deposition is a
true record of the testimony given by the witness. He shall then securely seal the
deposition in an envelope indorsed with the title of the action and marked
"Deposition of (here insert name of witness)" and shall promptly file it with the
court in which the action is pending or send it by registered mail to the clerk
thereof for filing.
SECTION 21. Notice of Filing. The officer taking the deposition shall give
prompt notice of its filing to all the parties.
SECTION 22. Furnishing Copies. Upon payment of reasonable charges
therefor, the officer shall furnish a copy of the deposition to any party or to the
deponent.
SECTION 23. Failure to Attend of Party Giving Notice. If the party giving the
notice of the taking of a deposition fails to attend and proceed therewith and
another attends in person or by attorney pursuant to the notice, the court may
order the party giving the notice to pay such other party the amount of the
reasonable expenses incurred by him and his attorney in so attending, including
reasonable attorney's fees.
SECTION 24. Failure of Party Giving Notice to Serve Subpoena. If the party
giving the notice of the taking of a deposition of a witness fails to serve
a subpoena upon him and the witness because of such failure does not attend,
and if another party attends in person or by attorney because he expects the
deposition of that witness to be taken, the court may order the party giving the
notice to pay to such other party the amount of the reasonable expenses incurred
by him and his attorney in so attending, including reasonable attorney's fees.
SECTION 25. Deposition Upon Written Interrogatories; Service of Notice and of
Interrogatories. A party desiring to take the deposition of any person upon
written interrogatories shall serve them upon every other party with a notice
stating the name and address of the person who is to answer them and the name
or descriptive title and address of the officer before whom the deposition is to be
taken. Within ten (10) days thereafter a party so served may serve cross-
interrogatories upon the party proposing to take the deposition. Within five (5)
days thereafter the latter may serve re-direct interrogatories upon a party who
has served cross-interrogatories. Within three (3) days after being served with re-
direct interrogatories, a party may serve recross-interrogatories upon the party
proposing to take the deposition.
SECTION 26. Officers to Take Responses and Prepare Record. A copy of the
notice and copies of all interrogatories served shall be delivered by the party
taking the deposition to the officer designated in the notice, who shall proceed
promptly, in the manner provided by sections 17, 19, and 20 of this rule, to take
the testimony of the witness in response to the interrogatories and to prepare,
certify, and file or mail the deposition, attaching thereto the copy of the notice and
the interrogatories received by him.
SECTION 27. Notice of Filing and Furnishing Copies. When a deposition upon
interrogatories is filed, the officer taking it shall promptly give notice thereof to all
the parties, and may furnish copies to them or to the deponent upon payment of
reasonable charges therefor.
SECTION 28. Orders for the Protection of the Parties and Deponents. After
the service of the interrogatories and prior to the taking of the testimony of the
deponent, the court in which the action is pending, on motion promptly made by a
party or a deponent, upon notice and good cause shown, may make any order
specified in sections 15, 16 and 18 of this rule which is appropriate and just or an
order that the deposition shall not be taken before the officer designated in the
notice or that it shall not be taken except upon oral examination.
SECTION 29. Effect of Errors and Irregularities in Depositions.
(a) As to notice. All errors and irregularities in the notice for
taking a deposition are waived unless written objection is
promptly served upon the party giving the notice.
(b) As to disqualification of officer. Objection to taking a
deposition because of disqualification of the officer before
whom it is to be taken is waived unless made before the
taking of the deposition begins or as soon thereafter as the
disqualification becomes known or could be discovered with
reasonable diligence.
(c) As to competency or relevancy of evidence. Objections to
the competency of a witness or the competency, relevancy,
or materiality of testimony are not waived by failure to make
them before or during the taking of the deposition, unless the
ground of the objection is one which might have been
obviated or removed if presented at that time.
(d) As to oral examination and other particulars. Errors and
irregularities occurring at the oral examination in the manner
of taking the deposition, in the form of the questions or
answers, in the oath or affirmation, or in the conduct of the
parties and errors of any kind which might be obviated,
removed, or cured if promptly prosecuted, are waived unless
reasonable objection thereto is made at the taking of the
deposition.
(e) As to form of written interrogatories. Objections to the form
of written interrogatories submitted under sections 25 and 26
of this rule are waived unless served in writing upon the
party propounding them within the time allowed for serving
succeeding cross or other interrogatories and within three (3)
days after service of the last interrogatories authorized.
(f) As to manner of preparation. Errors and irregularities in the
manner in which the testimony is transcribed or the
deposition is prepared, signed, certified, sealed, indorsed,
transmitted, filed, or otherwise dealt with by the officer under
sections 15 to 26 of this rule are waived unless a motion to
suppress the deposition or some part thereof is made with
reasonable promptness after such defect is, or with due
diligence might have been, ascertained.
RULE 25
Interrogatories to Parties
SECTION 1. Interrogatories to Parties; Service Thereof. Under the same
conditions specified in section 1 of Rule 24, any party may serve upon any
adverse party written interrogatories to be answered by the party served or, if the
party served is a public or private corporation or a partnership or association, by
any officer thereof competent to testify in its behalf.
SECTION 2. Answer to Interrogatories. The interrogatories shall be answered
separately and fully in writing under oath. The answers shall be signed by the
person making them; and the party upon whom the interrogatories have been
served shall serve a copy of the answers on the party submitting the
interrogatories within fifteen (15) days after service of the interrogatories, unless
the court, on motion and notice and for good cause shown, enlarges or shortens
the time.
SECTION 3. Objections to Interrogatories. Objections to any interrogatories
may be presented to the court within ten (10) days after service thereof, with
notice as in case of a motion; and answers shall be deferred until the objections
are determined, which shall be at as early a time as is practicable.
SECTION 4. Number of Interrogatories. No party may, without leave of court,
serve more than one set of interrogatories to be answered by the same party.
SECTION 5. Scope and Use of Interrogatories. Interrogatories may relate to
any matters that can be inquired into under section 2 of Rule 24, and the
answers may be used for the same purposes provided in section 4 of the same
rule.
RULE 26
Admission by Adverse Party
SECTION 1. Request for Admission. At any time after issues have been
joined, a party may serve upon any other party a written request for the
admission by the latter of the genuineness of any relevant documents described
in and exhibited with the request or of the truth of any relevant matters of fact set
forth in the request. Copies of the documents shall be delivered with the request
unless copies have already been furnished.
SECTION 2. Implied Admission. Each of the matters of which an admission is
requested shall be deemed admitted unless, within a period designated in the
request, which shall not be less than ten (10) days after service thereof, or within
such further time as the court may allow on motion and notice, the party to whom
the request is directed serves upon the party requesting the admission a sworn
statement either denying specifically the matters of which an admission is
requested or setting forth in detail the reasons why he cannot truthfully either
admit or deny those matters.
Objections on the ground of irrelevancy or impropriety of the matter requested
shall be promptly submitted to the court for resolution.
SECTION 3. Effect of Admission. Any admission made by a party pursuant to
such request is for the purpose of the pending action only and shall not constitute
an admission by him for any other purpose nor may the same be used against
him in any other proceeding.
SECTION 4. Withdrawal. The court may allow the party making an admission
under this rule, whether express or implied, to withdraw or amend it upon such
terms as may be just.
RULE 27
Production or Inspection of Documents or Things
SECTION 1. Motion for Production or Inspection; Order. Upon motion of any
party showing good cause therefor and upon notice to all other parties, the court
in which an action is pending may (a) order any party to produce and permit the
inspection and copying or photographing, by or on behalf of the moving party, of
any designated documents, papers, books, accounts, letters, photographs,
objects or tangible things, not privileged, which constitute or contain evidence
material to any matter involved in the action and which are in his possession,
custody or control; or (b) order any party to permit entry upon designated land or
other property in his possession or control for the purpose of inspecting,
measuring, surveying, or photographing the property or any designated relevant
object or operation thereon. The order shall specify the time, place and manner
of making the inspection and taking copies and photographs, and may prescribe
such terms and conditions as are just.
RULE 28
Physical and Mental Examinations of Person
SECTION 1. When Examination May Be Ordered. In an action in which the
mental or physical condition of a party is in controversy, the court in which the
action is pending may in its discretion order him to submit to a physical or mental
examination by a physician. cdtai

SECTION 2. Order for Examination. The order for examination may be made
only on motion for good cause shown and upon notice to the party to be
examined and to all other parties, and shall specify the time, place, manner,
conditions and scope of the examination and the person or persons by whom it is
to be made.
SECTION 3. Report of Findings. If requested by the person examined, the
party causing the examination to be made shall deliver to him a copy of a
detailed written report of the examining physician setting out his findings and
conclusions. After such request and delivery the party causing the examination to
be made shall be entitled upon request to receive from the party examined a like
report of any examination, previously or thereafter made, of the same mental or
physical condition. If the party examined refuses to deliver such report the court
on motion and notice may make an order requiring delivery on such terms as are
just, and if a physician fails or refuses to make such a report the court may
exclude his testimony if offered at the trial.
SECTION 4. Waiver of Privilege. By requesting and obtaining a report of the
examination so ordered or by taking the deposition of the examiner, the party
examined waives any privilege he may have in that action or any other involving
the same controversy, regarding the testimony of every other person who has
examined or may thereafter examine him in respect of the same mental or
physical examination.
RULE 29
Refusal to Make Discovery
SECTION 1. Refusal to Answer. If a party or other deponent refuses to
answer any question propounded upon oral examination, the examination shall
be completed on other matters or adjourned, as the proponent of the question
may prefer. Thereafter, on reasonable notice to all persons affected thereby, he
may apply to the court of the province where the deposition is taken for an order
compelling an answer. Upon the refusal of a witness to answer any interrogatory
submitted under sections 25 and 26 of Rule 24 or upon the refusal of a party to
answer any interrogatory submitted under Rule 25, the proponent of the question
may on like notice make like application for such an order. If the motion is
granted, the court shall require the refusing party or deponent to answer the
question or interrogatory and if it also finds that the refusal was without
substantial justification, it may further require the refusing party or deponent or
the attorney advising the refusal, or both of them, to pay to the examining party
the amount of the reasonable expenses incurred in obtaining the order, including
reasonable attorney's fees. If the motion is denied and if the court finds that the
motion was made without substantial justification, it shall require the examining
party or the attorney advising the motion or both of them to pay to the refusing
party or deponent the amount of the reasonable expenses incurred in opposing
the motion, including reasonable attorney's fees. cdtai

SECTION 2. Contempt of Court. If a party or other witness refuses to be

sworn or refuses to answer any question after being directed to do so by the
court of the province in which the deposition is being taken, the refusal may be
considered a contempt of that court.
SECTION 3. Other Consequences. If any party or an officer or managing
agent of a party refuses to obey an order made under section 1 of this rule
requiring him to answer designated questions, or an order under Rule 27 to
produce any document or other thing for inspection, copying, or photographing or
to permit it to be done, or to permit entry upon land or other property, or an order
made under Rule 28 requiring him to submit to a physical or mental examination,
the court may make such orders in regard to the refusal as are just, and among
others the following:
(a) An order that the matters regarding which the questions were
asked, or the character or description of the thing or land, or
the contents of the paper, or the physical or mental condition
of the party, or any other designated facts shall be taken to
be established for the purposes of the action in accordance
with the claim of the party obtaining the order;
(b) An order refusing to allow the disobedient party to support or
oppose designated claims or defenses or prohibiting him
from introducing in evidence designated documents or things
or items of testimony, or from introducing evidence of
physical or mental condition;
(c) An order striking out pleadings or parts thereof, or staying
further proceedings until the order is obeyed, or dismissing
the action or proceeding or any part thereof, or rendering a
judgment by default against the disobedient party;
(d) In lieu of any of the foregoing orders or in addition thereto, an
order directing the arrest of any party or agent of a party for
disobeying any of such orders except an order to submit to a
physical or mental examination.
SECTION 4. Expenses on Refusal to Admit. If a party after being served with
a request under Rule 26 to admit the genuineness of any documents or the truth
of any matters of fact, serves a sworn denial thereof and if the party requesting
the admissions thereafter proves the genuineness of such document or the truth
of any such matter of fact, he may apply to the court for an order requiring the
other party to pay him the reasonable expenses incurred in making such proof,
including reasonable attorney's fees. Unless the court finds that there were good
reasons for the denial or that admissions sought were of no substantial
importance, the order shall be made.
SECTION 5. Failure of Party to Attend or Serve Answers. If a party or an
officer or managing agent of a party willfully fails to appear before the officer who
is to take his deposition, after being served with a proper notice, or fails to serve
answers to interrogatories submitted under Rule 25, after proper service of such
interrogatories, the court on motion and notice, may strike out all or any part of
any pleading of that party, or dismiss the action or proceeding or any party
thereof, or enter a judgment by default against that party, and in its discretion,
order him to pay reasonable expenses incurred by the other, including attorney's
fees.
SECTION 6. Expenses Against the Republic of the Philippines. Expenses and
attorney's fees are not to be imposed upon the Republic of the Philippines under
this rule.
RULE 30
Trial
SECTION 1. Order of Trial. Subject to the provisions of section 2 of Rule 31,
and unless the judge, for special reasons, otherwise directs, the order of trial
shall be as follows:
(a) The plaintiff must produce the evidence on his part;
(b) The defendant shall then offer evidence in support of his
defense, counterclaim, cross-claim and third-party claim;
(c) The third-party defendant, if any, shall introduce evidence of his
defense, counterclaim, cross-claim and third-party claim;
(d) The fourth, etc., party, if any, shall introduce evidence of the
material facts by him pleaded;
(e) The parties against whom any counterclaim or cross-claim has
been pleaded, shall introduce evidence in support of their
defense, in the order to be prescribed by the court;
(f) The parties may then respectively offer rebutting evidence only,
unless the court, for good reasons, in the furtherance of
justice, permits them to offer evidence upon their original
case;
(g) When the evidence is concluded, unless the parties agree to
submit the case without argument, the plaintiff or his counsel
may make the opening argument, the defendant, the third-
party defendant, and fourth, etc., party, or their respective
counsel, may follow successively, and the plaintiff or his
counsel may conclude the argument. Two counsels may, if
desired, be heard upon each side, but in the order herein
prescribed; cdtai

(h) If several defendants or third-party defendants having separate

defenses, appear by different counsels, the court must
determine their relative order in the evidence and argument,
 but in any event the plaintiff is entitled to the opening and
closing argument.
SECTION 2. Agreed Statement of Facts. The parties to any action may agree,
in writing, upon the facts involved in the litigation, and require the judgment of the
court upon the facts agreed upon, without the introduction of evidence.
If the parties can agree only on some of the facts in issue, the trial shall be held
as to the others.
SECTION 3. Statements of Judge. During the hearing or trial of a case any
statement made by the judge with reference to the case, or to any of the parties
thereto, witnesses or attorneys, shall be made of record in the stenographic
notes.
RULE 31
Consolidation or Severance
SECTION 1. Consolidation. When actions involving a common question of law
or fact are pending before the court, it may order a joint hearing or trial of any or
all the matters in issue in the actions; it may order all the actions consolidated;
and it may make such orders concerning proceedings therein as may tend to
avoid unnecessary costs or delay.
SECTION 2. Separate Trials. The court, in furtherance of convenience or to
avoid prejudice, may order a separate trial of any claim, cross-claim,
counterclaim, or third-party claim, or of any separate issue or of any number of
claims, cross-claims, counterclaims, third-party claims or issues.
RULE 32
Trial With Assesors
SECTION 1. Preparing List of Assessors. The judge, with the assistance of
the governor of the province or the mayor of the chartered city where the court
sits, and the provincial or city fiscal, shall prepare a list of the residents of the
province best fitted by education, natural ability, and reputation for probity, to sit
as assessors in the trial of actions. Such list shall contain not less than ten and
not more than twenty-five names, and shall be retained in the office of the clerk.
The name of any person may be stricken from the list, at any time, upon the
order of the judge, upon his becoming satisfied that the name ought to be
stricken out by reason of the death, permanent disability, or unfitness of the
person named, and in case names are so stricken out, other names shall be
added in their place, to be selected as provided in this section.
SECTION 2. Rights of Parties to Have Assessors, and Manner of Selecting
Them. Either party to an action may, twenty (20) days or more before the trial,
apply in writing to the judge for assessors to sit in the trial. Upon the filing of such
application, the judge shall direct that assessors shall be provided, and that the
parties forthwith appear before him for the selection of the assessors. If the
parties cannot agree on the choice of two assessors from the list provided for in
the preceding section, the assessors shall be selected from the aforesaid list in
the following manner, in the presence of the judge or clerk: the plaintiff shall
strike out from the list one name; then the defendant may strike out another, and
so on, alternately, the parties shall strike out names, until but two remain on the
list. The remaining two shall be the assessors to sit in the trial; but if one or both
of them are disqualified by law to sit as assessors, then the judge or clerk shall
draw one name or more, as the case may be, by lot, from those stricken out, and
the person or persons thus drawn shall act as assessors, unless disqualified by
law, in which case the vacancy shall be filled by lot, as above provided.
SECTION 3. Summoning Assessors. The persons so selected as assessors
shall, under the seal of the court, be summoned to attend and serve as
assessors in the action, and the summons for that purpose shall be served in the
same manner as other writs or summonses.
SECTION 4. Failure of Assessors to Attend. If any person, summoned to act
as assessor, fails, without lawful excuse, to attend at the trial, or at any
adjournment thereof, or to continue to serve throughout the trial, he shall be
liable as for contempt of court.
SECTION 5. Excusing Assessors. The court may, on reasonable cause
shown, excuse from attendance generally, or in any particular case, any person
summoned, or liable to be summoned, as assessor, and may, for like cause,
discharge from attendance, in any particular case, any person who is acting as
assessor thereon.
SECTION 6. Compensation of Assessors. Each assessor shall receive a
compensation of ten pesos (P10) per day for the actual time by him employed in
the trial of the action and in advising the judge as to the decision thereof, to be
advanced out of the provincial or city funds but to be taxed as costs against the
defeated party and then refunded to the province or city concerned.
SECTION 7. Oath of Assessors. Before entering upon the performance of his
duty, in any action, each assessor shall be sworn by the judge, or by the clerk of
the court, to the faithful and honest performance of his duties as such assessor.
SECTION 8. Duties of Assessors. The duties of assessors, when their aid is
invoked as herein provided, shall be to sit with the judge during the trial of an
action and to advise him in the determination of all questions of fact involved
therein; but the final responsibility for the decision must rest with the judge.
SECTION 9. Effect of Dissent of Assessors. If one or both assessors shall be
of the opinion that the findings of fact in the judgment in the action are wrong, he
or they shall certify, in writing, his or their dissent therefrom and their reasons for
such dissent and sign such certification, which shall be filed with the other papers
in the action. In case such dissent is filed, the appellate court, on appeal, shall
give to the dissent aforesaid such weight as in its opinion it is entitled to, and
render such judgment as it finds just.
RULE 33
Trial By Commissioner
SECTION 1. Reference by Consent. By written consent of both parties, filed
with the clerk, the court may order any or all of the issues in a case to be referred
to a commissioner to be agreed upon by the parties or to be appointed by the
court. As used in these rules the word "commissioner" includes a referee, an
auditor and an examiner.
SECTION 2. Reference Ordered on Motion. When the parties do not consent,
the court may, upon the application of either, or of its own motion, direct a
reference to a commissioner in the following cases:
(a) When the trial of an issue of fact requires the examination of a
long account on either side, in which case the commissioner
may be directed to hear and report upon the whole issue, or
any specific question involved therein; cdtai

(b) When the taking of an account is necessary for the information

of the court before judgment, or for carrying a judgment or
order into effect;
(c) When a question of fact, other than upon the pleadings, arises
upon motion or otherwise, in any stage of a case, or of
carrying a judgment or order into effect.
SECTION 3. Order of Reference, Powers of the Commissioner. When a
reference is made, the clerk shall forthwith furnish the commissioner with a copy
of the order of reference. The order may specify or limit the powers of the
commissioner, and may direct him to report only upon particular issues, or to do
or perform particular acts, or to receive and report evidence only, and may fix the
date for beginning and closing the hearings and for the filing of his report. Subject
to the specifications and limitations stated in the order, the commissioner has
and shall exercise the power to regulate the proceedings in every hearing before
him and to do all acts and take all measures necessary or proper for the efficient
performance of his duties under the order. He may
issue subpoenas and subpoenas duces tecum, swear witnesses, and unless
otherwise provided in the order of reference he may rule upon the admissibility of
evidence. The trial or hearing before him shall proceed in all respects as though
the same had been had before the court.
SECTION 4. Oath of Commissioner. Before entering upon his duties the
commissioner shall be sworn to a faithful and honest performance thereof.
SECTION 5. Proceedings Before Commissioner. Upon receipt of the order of
reference unless otherwise provided therein, the commissioner shall forthwith set
a time and place for the first meeting of the parties or their attorneys to be held
within ten (10) days after the date of the order of reference and shall notify the
parties or their attorneys.
SECTION 6. Failure of Parties to Appear Before Commissioner. If a party fails
to appear at the time and place appointed, the commissioner may proceed ex
parte or, in his discretion, adjourn the proceedings to a future day, giving notice
to the absent party or his attorney of the adjournment.
SECTION 7. Refusal of Witness. The refusal of a witness to obey
a subpoena issued by the commissioner or to give evidence before him, shall be
deemed a contempt of the court who appointed the commissioner.
SECTION 8. Commissioner Shall Avoid Delays. It is the duty of the
commissioner to proceed with all reasonable diligence. Either party, on notice to
the parties and commissioner, may apply to the court for an order requiring the
commissioner to speed up the proceedings and to make his report.
SECTION 9. Report of Commissioner. Upon the completion of the trial or
hearing or proceeding before the commissioner, he shall file with the court his
report in writing upon the matters submitted to him by the order of reference.
When his powers are not specified or limited, he shall set forth his findings of fact
and conclusions of law in his report. He shall attach thereto in all cases, all
exhibits, affidavits, depositions, papers and the transcript, if any, of the evidence
presented before him.
SECTION 10. Notice to Parties of the Filing of Report. Upon the filing of the
report, the parties shall be notified by the clerk, and they shall be allowed ten (10)
days within which to signify grounds of objection to the findings of the report, if
they so desire. Objections to the report based upon grounds which were
available to the parties during the proceedings before the commissioner, other
than objections to the findings and conclusions therein set forth, shall not be
considered by the court unless they were made before the commissioner. cdtai

SECTION 11. Hearing Upon Report. Upon the expiration of the period of ten
(10) days referred to in the preceding section, the report shall be set for hearing,
after which the court shall render judgment by adopting, modifying, or rejecting
the report in whole or in part or it may receive further evidence or may recommit
it with instructions.
SECTION 12. Stipulations as to Findings. When the parties stipulate that a
commissioner's findings of fact shall be final, only questions of law arising upon
the report shall thereafter be considered.
SECTION 13. Compensation of Commissioner. The court shall allow the
commissioner such reasonable compensation as the circumstances of the case
warrant, to be taxed as costs against the defeated party, or apportioned, as
justice requires.
RULE 34
Summary Judgments
SECTION 1. Summary Judgment for Claimant. A party seeking to recover
upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief may,
at any time after the pleading in answer thereto has been served, move with
supporting affidavits for a summary judgment in his favor upon all or any part
thereof.
SECTION 2. Summary Judgment for Defending Party. A party against whom a
claim, counterclaim, or cross-claim is asserted or a declaratory relief is sought
may, at any time, move with supporting affidavits for a summary judgment in his
favor as to all or any part thereof.
cdtai

SECTION 3. Motion and Proceedings Thereon. The motion shall be served at

least ten (10) days before the time specified for the hearing. The adverse party
prior to the day of hearing may serve opposing affidavits. After the hearing, the
judgment sought shall be rendered forthwith if the pleadings, depositions, and
admissions on file together with the affidavits, show that, except as to the amount
of damages, there is no genuine issue as to any material fact and that the
moving party is entitled to a judgment as a matter of law.
SECTION 4. Case Not Fully Adjudicated on Motion. If on motion under this
rule, judgment is not rendered upon the whole case or for all the relief asked and
a trial is necessary, the court at the hearing of the motion, by examining the
pleadings and the evidence before it and by interrogating counsel shall ascertain
what material facts exist without substantial controversy and what material facts
are actually and in good faith controverted. It shall thereupon make an order
specifying the facts that appear without substantial controversy, including the
extent to which the amount of damages or other relief is not in controversy, and
directing such further proceedings in the action as are just. Upon the trial of the
action the facts so specified shall be deemed established, and the trial shall be
conducted accordingly.
SECTION 5. Form of Affidavits and Supporting Papers. Supporting and
opposing affidavits shall be made on personal knowledge, shall set forth such
facts as would be admissible in evidence, and shall show affirmatively that the
affiant is competent to testify to the matters stated therein. Sworn or certified
copies of all papers or parts thereof referred to in an affidavit shall be attached
thereto or served therewith.
SECTION 6. Affidavits in Bad Faith. Should it appear to the satisfaction of the
court at any time that any of the affidavits presented pursuant to this rule are
presented in bad faith, or solely for the purpose of delay, the court shall forthwith
order the party employing them to pay to the other party the amount of the
reasonable expenses which the filing of the affidavits caused him to incur,
including reasonable attorney's fees, and any offending party or attorney may be
adjudged guilty of contempt.
RULE 35
Judgment on Demurrer to Evidence
SECTION 1. Effect of Judgment on Demurrer to Evidence. After the plaintiff
has completed the presentation of his evidence, the defendant without waiving
his right to offer evidence in the event the motion is not granted, may move for a
dismissal on the ground that upon the facts and the law the plaintiff has shown
no right to relief. However, if the motion is granted and the order of dismissal is
reversed on appeal, the movant loses his right to present evidence in his behalf.
RULE 36
Judgments, Orders and Entry Thereof
SECTION 1. Rendition of Judgments. All judgments determining the merits of
cases shall be in writing personally and directly prepared by the judge, stating
clearly and distinctly the facts and the law on which it is based, signed by him,
and filed with the clerk of the court.
SECTION 2. Entry of Judgments and Orders. If no appeal or motion for new
trial is filed within the time provided in these rules, the judgment or order shall be
entered by the clerk. The recording of the judgment or order in the book of
entries of judgments shall constitute its entry. The record shall contain the
dispositive part of the judgment or order and shall be signed by the clerk, with a
certificate that such judgment or order has become final and executory.
SECTION 3. Judgment for or Against One or More of Several Parties.
Judgment may be given for or against one or more of several plaintiffs, and for or
against one or more of several defendants. When justice so demands, the court
may require the parties on each side to file adversary pleadings as between
themselves and determine their ultimate rights and obligations.
SECTION 4. Several Judgments. In an action against several defendants, the
court may, when a several judgment is proper, render judgment against one or
more of them, leaving the action to proceed against the others.
SECTION 5. Judgment at Various Stages. When more than one claim for
relief is presented in an action, the court at any stage, upon a determination of
the issues material to a particular claim and all counterclaims arising out of the
transaction or occurrence which is the subject matter of the claim, may enter a
judgment disposing of such claim. The judgment shall terminate the action with
respect to the claim so disposed of and the action shall proceed as to the
remaining claims. In case a separate judgment is so entered, the court by order
may stay its enforcement until the entering of a subsequent judgment or
judgments and may prescribe such conditions as are necessary to secure the
benefit thereof to the party in whose favor the judgment is entered.
SECTION 6. Judgment Against Association. When judgment is entered
against two or more persons sued as an association, the judgment shall set out
their individual or proper names, if known.
RULE 37
New Trial
SECTION 1. Grounds of and Period for Filing Motion for New Trial. Within the
period for perfecting appeal, the aggrieved party may move the trial court to set
aside the judgment and grant a new trial for one or more of the following causes
materially affecting the substantial rights of said party:
(a) Fraud, accident, mistake or excusable negligence which
ordinary prudence could not have guarded against and by
reason of which such aggrieved party has probably been
impaired in his rights;
(b) Newly discovered evidence, which he could not, with
reasonable diligence, have discovered, and produced at the
trial, and which if presented would probably alter the result;
(c) Award of excessive damages, or insufficiency of the evidence
to justify the decision, or that the decision is against the law.
SECTION 2. Contents of Motion for New Trial and Notice Thereof . The
motion shall be made in writing stating the ground or grounds therefor, a written
notice of which shall be served by the movant on the adverse party.
When the motion is made for the causes mentioned in subdivisions (a) and (b) of
the preceding section, it shall be proved in the manner provided for proof of
motions. Affidavit or affidavits of merits shall also be attached to a motion for the
cause mentioned in subdivision (a) which may be rebutted by counter-affidavits.
When the motion is made upon the cause mentioned in subdivision (c) of the
preceding section, it shall point out specifically the findings or conclusions of the
judgment which are not supported by the evidence or which are contrary to law,
making express reference to the testimonial or documentary evidence or to the
provisions of law alleged to be contrary to such findings or conclusions.
SECTION 3. Action Upon Motion for New Trial. The trial court may set aside
the judgment and grant a new trial, upon such terms as may be just, or may deny
the motion. If the motion is made upon the cause mentioned in subsection (c),
section 1 of this rule, and the court finds its judgment to be contrary to evidence
or law, it may amend such judgment accordingly without granting a new trial,
unless the court deems the introduction of additional evidence advisable.
SECTION 4. Second Motion for New Trial. A motion for new trial shall include
all grounds then available and those not so included shall be deemed waived. A
second motion for new trial, based on a ground not existing nor available when
the first motion was made, may be filed within the time herein provided excluding
the time during which the first motion had been pending.
SECTION 5. Effect of Granting of Motion for New Trial. If a new trial be
granted in accordance with the provisions of this rule, the original judgment shall
be vacated, and the action shall stand for trial de novo; but the recorded
evidence taken upon the former trial so far as the same is material and
competent to establish the issues, shall be used at the new trial without retaking
the same.
SECTION 6. Partial New Trials. If the grounds for a motion under this rule
appear to the court to affect the issues as to only a part, or less than all of the
matter in controversy, or only one, or less than all, of the parties to it, the court
may order a new trial as to such issues if severable without interfering with the
judgment upon the rest.
SECTION 7. Effect of Order for Partial New Trial. When less than all of the
issues are ordered retried, the court may either enter a final judgment as to the
rest, or stay the entry of final judgment until after the new trial.
RULE 38
Relief from Judgments, Orders, or Other Proceedings
SECTION 1. Petition to Court of First Instance for Relief from Judgment of
Inferior Court. When a judgment is rendered by an inferior court in a case, and
a party thereto, by fraud, accident, mistake, or excusable negligence, has been
unjustly deprived of a hearing therein, or has been prevented from taking an
appeal, he may file a petition in the Court of First Instance of the province in
which the original judgment was rendered, praying that such judgment be set
aside and the case tried upon its merits. cdtai

SECTION 2. Petition of Court of First Instance for Relief from Judgment or Other
Proceeding Thereof . When a judgment or order is entered, or any other
proceeding is taken, against a party in a Court of First Instance through fraud,
accident, mistake, or excusable negligence, he may file a petition in such court
and in the same cause praying that the judgment, order or proceeding be set
aside.
SECTION 3. Time for Filing Petition; Contents and Verification. A petition
provided for in either of the preceding sections of this rule must be verified, filed
within sixty (60) days after the petitioner learns of the judgment, order, or other
proceeding to be set aside, and not more than six (6) months after such
judgment or order was entered, or such proceeding was taken; and must be
accompanied with affidavits showing the fraud, accident, mistake, or excusable
negligence relied upon, and the facts constituting the petitioner's good and
substantial cause of action or defense, as the case may be.
SECTION 4. Order to File an Answer. If the petition is sufficient in form and
substance to justify relief, the court in which it is filed, or a judge thereof, shall
issue an order requiring those against whom the petition is filed to answer the
same within fifteen (15) days from the receipt thereof, which order shall be
served in such manner as the court may direct, together with copies of the
petition.
SECTION 5. Preliminary Injunction Pending Proceedings. The court in which
the petition is filed, or a judge thereof, may grant such preliminary injunction as
may be necessary for the preservation of the rights of the parties pending the
proceeding, upon the filing by the petitioner of a bond to the adverse party,
conditioned that if the petition is dismissed or the petitioner fails on the trial of the
case upon its merits, he will pay the adverse party all damages and costs that
may be awarded to him by reason of the issuance of such injunction or the other
proceedings following the petition; but such injunction shall not operate to
discharge or extinguish any lien which the adverse party may have acquired
upon the property of the petitioner.
SECTION 6. Proceedings After Answer Is Filed. Once the answer is filed, or
the time for its filing has expired, the court shall hear the petition and if after such
hearing, the court finds that the allegations thereof are not true, the petition shall
be dismissed; but if it finds said allegations to be true, it shall order the judgment,
order or other proceeding complained of to be set aside, upon such terms as
may be just, and thereafter the case shall stand as if the judgment, order or other
proceeding set aside had never been issued or taken.
SECTION 7. Procedure Where a Judgment Is Set Aside. Where the judgment
set aside is that of a Court of First Instance, such court shall proceed to hear and
determine the case as if timely motion for a new trial had been granted therein.
Where the judgment set aside is that of an inferior court, the case shall be tried in
the Court of First Instance as if the same had been regularly brought up by
appeal, and the judge of the inferior court may be required by the Court of First
Instance to attend and produce at the trial all the papers in the original case.
RULE 39
Execution, Satisfaction and Effect of Judgments
SECTION 1. Execution Upon Final Judgments or Orders. Execution shall
issue only upon a judgment or order that finally disposes of the action or
proceeding. Such execution shall issue as a matter of right upon the expiration of
the period to appeal therefrom if no appeal has been duly perfected.
If the judgment has been duly appealed, execution may issue as a matter of right
from the date of the service of the notice provided in section 11 of Rule 51.
SECTION 2. Execution Pending Appeal. On motion of the prevailing party with
notice to the adverse party the court may, in its discretion, order execution to
issue even before the expiration of the time to appeal, upon good reasons to be
stated in a special order. If a record on appeal is filed thereafter, the motion and
the special order shall be included therein.
SECTION 3. Stay of Execution. Execution issued before the expiration of the
time to appeal may be stayed upon the approval by the court of a sufficient
supersedeas bond filed by the appellant, conditioned upon the performance of
the judgment or order appealed from in case it be affirmed wholly or in part. The
bond thus given may be proceeded against on motion before the trial court, with
notice to the surety, after the case is remanded to it by the appellate court.
SECTION 4. Injunction, Receivership and Accounting, Not Stayed. Unless
otherwise ordered by the court, a judgment in an action for injunction or in a
receivership action, or a judgment or order directing an accounting in an action,
shall not be stayed after its rendition and before an appeal is taken or during the
pendency of an appeal. The trial court, however, in its discretion, when an appeal
is taken from a judgment granting, dissolving or denying an injunction, may make
an order suspending, modifying, restoring, or granting such injunction during the
pendency of the appeal, upon such terms as to bond or otherwise as it may
consider proper for the security of the rights of the adverse party.
SECTION 5. Effect of Reversal of Executed Judgment. Where the judgment
executed is reversed totally or partially on appeal, the trial court, on motion, after
the case is remanded to it, may issue such orders of restitution as equity and
justice may warrant under the circumstances. cdtai

SECTION 6. Execution by Motion or by Independent Action. A judgment may

be executed on motion within five (5) years from the date of its entry or from the
date it becomes final and executory. After the lapse of such time, and before it is
barred by the statute of limitations, a judgment may be enforced by action.
SECTION 7. Execution in Case of Death of Party. Where a party dies after the
entry of the judgment or order, execution thereon may issue, or one already
issued may be enforced in the following cases:
(a) In case of the death of the judgment creditor, upon the
application of his executor or administrator, or successor-in-
interest;
(b) In case of the death of the judgment debtor, against his
executor or administrator or successor-in-interest, if the
judgment be for the recovery of real or personal property, or
the enforcement of a lien thereon;
(c) In case of the death of the judgment debtor after execution is
actually levied upon any of his property, the same may be
sold for the satisfaction thereof, and the officer making the
sale shall account to the corresponding executor or
administrator for any surplus in his hands.
SECTION 8. Issuance, Form and Contents of a Writ of Execution. The writ of
execution must issue in the name of the Republic of the Philippines from the
court in which the judgment or order is entered; must intelligently refer to such
judgment or order, stating the court, province, and municipality where it is of
record, and the amount actually due thereon if it be for money; and must require
the sheriff or other proper officer to whom it is directed substantially as follows:
(a) If the execution be against the property of the judgment debtor,
to satisfy the judgment, with interest, out of the personal
property of such debtor, and if sufficient personal property
cannot be found, then out of his real property;
(b) If it be against real or personal property in the hands of
personal representatives, heirs, devisees, legatees, tenants,
or trustees, to satisfy the judgment, with interest, out of such
property;
(c) If it be for the sale of real or personal property, to sell such
property, describing it, and apply the proceeds in conformity
with the judgment, the material parts of which shall be
recited in the writ of execution;
(d) If it be for the delivery of the possession of real or personal
property, to deliver the possession of the same, describing it,
to the party entitled thereto, and to satisfy any costs,
damages, rents, or profits covered by the judgment out of
the personal property of the person against whom it was
 rendered, and if sufficient personal property cannot be
found, then out of the real property.
SECTION 9. Writ of Execution of Special Judgment. When a judgment
requires the performance of any other act than the payment of money, or the sale
or delivery of real or personal property, a certified copy of the judgment shall be
attached to the writ of execution and shall be served by the officer upon the party
against whom the same is rendered, or upon any other person required thereby,
or by law, to obey the same, and such party or person may be punished for
contempt if he disobeys such judgment. cdtai

SECTION 10. Judgment for Specific Acts; Vesting Title. If a judgment directs a
party to execute a conveyance of land, or to deliver deeds or other documents, or
to perform any other specific act, and the party fails to comply within the time
specified, the court may direct the act to be done at the cost of the disobedient
party by some other person appointed by the court and the act when so done
shall have like effect as if done by the party. If real or personal property is within
the Philippines, the court in lieu of directing a conveyance thereof may enter
judgment divesting the title of any party and vesting it in others and such
judgment shall have the force and effect of a conveyance executed in due form
of law.
SECTION 11. Return of Writ of Execution. The writ of execution may be made
returnable, to the clerk or judge of the court issuing it, at any time not less than
ten (10) nor more than sixty (60) days after its receipt by the officer who must set
forth in writing on its back the whole of his proceedings by virtue thereof, and file
it with the clerk or judge to be preserved with the other papers in the case. A
certified copy of the record, in the execution book kept by the clerk, of an
execution by virtue of which real property has been sold, or of the officer's return
thereon, shall be evidence of the contents of the originals whenever they, or any
part thereof, have been lost or destroyed.
SECTION 12. Property Exempt From Execution. Except as otherwise
expressly provided by law, the following property, and no other, shall be exempt
from execution:
(a) The debtor's family home constituted in accordance with the
Civil Code, or in the absence thereof, the homestead in
which he resides, and land necessarily used in connection
therewith, both not exceeding in value three thousand pesos;
(b) Tools and implements necessarily used by him in his trade or
employment;
(c) Two horses, or two cows, or two carabaos, or other beasts of
burden, such as the debtor may select, not exceeding one
 thousand pesos in value, and necessarily used by him in his
ordinary occupation;
(d) His necessary clothing, and that of all his family;
(e) Household furniture and utensils necessary for housekeeping,
and used for that purpose by the debtor, such as the debtor
may select, of a value not exceeding one thousand pesos;
(f) Provisions for individual or family use sufficient for three months;
(g) The professional libraries of attorneys, judges, physicians,
pharmacists, dentists, engineers, surveyors, clergymen,
teachers, and other professionals, not exceeding three
thousand pesos in values;
(h) One fishing boat and net, not exceeding the total value of one
thousand pesos, the property of any fisherman, by the lawful
use of which he earns a livelihood;
(i) So much of the earnings of the debtor for his personal services
within the month preceding the levy as are necessary for the
support of his family;
(j) Lettered gravestones;
(k) All moneys, benefits, privileges, or annuities accruing or in any
manner growing out of any life insurance, if the annual
premiums paid do not exceed five hundred pesos, and if
they exceed that sum a like exemption shall exist which shall
bear the same proportion to the moneys, benefits, privileges,
and annuities so accruing or growing out of such insurance
that said five hundred pesos bears to the whole premiums
paid;
(l) The right to receive legal support, or money or property obtained
as such support, or any pension or gratuity from the
government;
(m) Copyrights and other properties especially exempted by law.
But no article or species of property mentioned in this section shall be exempt
from execution issued upon a judgment recovered for its price or upon a
judgment of foreclosure of a mortgage thereon.
SECTION 13. How Execution for the Delivery or Restitution of Property
Enforced. The officer must enforce an execution for the delivery or restitution
of property by ousting therefrom the person against whom the judgment is
rendered and placing the judgment creditor in possession of such property, and
by levying as hereinafter provided upon so much of the property of the judgment
debtor as will satisfy the amount of the judgment and costs included in the writ of
execution.
SECTION 14. Removal of Improvements on Property Subject of Execution.
When the property subject of the execution contains improvements constructed
or planted by the judgment debtor or his agent, the officer shall not destroy,
demolish or remove said improvements except upon special order of the court,
issued upon petition of the judgment creditor after due hearing and after the
former has failed to remove the same within a reasonable time fixed by the court.
SECTION 15. Execution of Money Judgments. The officer must enforce an
execution of a money judgment by levying on all the property, real and personal
of every name and nature whatsoever, and which may be disposed of for value,
of the judgment debtor not exempt from execution, or on a sufficient amount of
such property, if there be sufficient, and selling the same, and paying to the
judgment creditor, or his attorney, so much of the proceeds as will satisfy the
judgment. Any excess in the proceeds over the judgment and accruing costs
must be delivered to the judgment debtor, unless otherwise directed by the
judgment or order of the court. When there is more property of the judgment
debtor than is sufficient to satisfy the judgment and accruing costs, within the
view of the officer, he must levy only on such part of the property as is amply
sufficient to satisfy the judgment and costs.
Real property, stocks, shares, debts, credits, and other personal property, or any
interest in either real or personal property, may be levied on in like manner and
with like effect as under a writ of attachment.
SECTION 16. Effect of Levy on Execution as to Third Persons. The levy on
execution shall create a lien in favor of the judgment creditor over the right, title
and interest of the judgment debtor in such property at the time of the levy,
subject to liens or encumbrances then existing.
SECTION 17. Proceedings Where Property Claimed by Third Person. If
property levied on be claimed by any other person than the judgment debtor or
his agent, and such person makes an affidavit of his title thereto or right to the
possession thereof, stating the grounds of such right or title, and serve the same
upon the officer making the levy, and a copy thereof upon the judgment creditor,
the officer shall not be bound to keep the property, unless such judgment creditor
or his agent, on demand of the officer, indemnify the officer against such claim by
a bond in a sum not greater than the value of the property levied on. In case of
disagreement as to such value, the same shall be determined by the court
issuing the writ of execution.
The officer is not liable for damages, for the taking or keeping of the property, to
any third-party claimant unless a claim is made by the latter and unless an action
for damages is brought by him against the officer within one hundred twenty
(120) days from the date of the filing of the bond. But nothing herein contained
shall prevent such claimant or any third person from vindicating his claim to the
property by any proper action.
When the party in whose favor the writ of execution runs, is the Republic of the
Philippines, or any officer duly representing it, the filing of such bond shall not be
required, and in case the sheriff or levying officer is sued for damages as a result
of the levy, he shall be represented by the Solicitor General and if held liable
therefor, the actual damages adjudged by the court shall be paid by the National
Treasurer out of such funds as may be appropriated for the purpose.
SECTION 18. Notice of Sale of Property on Execution. Before the sale of
property on execution, notice thereof must be given as follows:
(a) In case of perishable property, by posting written notice of the
time and place of the sale in three public places in the
municipality or city where the sale is to take place, for such
time as may be reasonable, considering the character and
condition of the property;
(b) In case of other personal property, by posting a similar notice in
three public places in the municipality or city where the sale
is to take place, for not less than five (5) nor more than ten
(10) days;
(c) In case of real property, by posting a similar notice particularly
describing the property for twenty (20) days in three public
places in the municipality or city where the property is
situated, and also where the property is to be sold, and, if
the assessed value of the property exceeds four hundred
pesos (P400.00), by publishing a copy of the notice once a
week, for the same period, in some newspaper published or
having general circulation in the province, if there be one. If
there are newspapers published in the province in both the
English and Spanish languages, then a like publication for a
like period shall be made in one newspaper published in the
English language, and in one published in the Spanish
language.
SECTION 19. Penalty for Selling Without Notice, or Removing or Defacing
Notice. An officer selling without the notice prescribed by the last preceding
section shall forfeit five hundred pesos (P500) to any party injured thereby, in
addition to his actual damages, both to be recovered in a single proper action;
and a person willfully removing or defacing the notice posted, if done before the
sale, or before the satisfaction of the judgment if it be satisfied before the sale,
shall forfeit five hundred pesos (P500) to any person injured by reason thereof, to
be recovered in any proper action.
SECTION 20. No Sale if Judgment and Costs Paid. At any time before the
sale of property on execution the judgment debtor may prevent the sale by
paying the amount required by the execution and the costs that have been
incurred therein.
SECTION 21. How Property Sold on Execution. Who May Direct Manner and
Order of Sale. All sales of property under execution must be made at public
auction, to the highest bidder, between the hours of nine in the morning and five
in the afternoon. After sufficient property has been sold to satisfy the execution,
no more shall be sold. When the sale is of real property, consisting of several
known lots, they must be sold separately; or, when a portion of such real property
is claimed by a third person, he may require it to be sold separately. When the
sale is of personal property capable of manual delivery, it must be sold within
view of those attending the sale and in such parcels as are likely to bring the
highest price. The judgment debtor, if present at the sale, may direct the order in
which property, real or personal, shall be sold, when such property consists of
several known lots or parcels which can be sold to advantage separately. Neither
the officer holding the execution, nor his deputy, can become a purchaser, nor be
interested directly or indirectly in any purchase at such sale.
SECTION 22. Refusal of Purchaser to Pay. If a purchaser refuses to pay the
amount bid by him for property struck off to him at a sale under execution, the
officer may again sell the property to the highest bidder and shall not be
responsible for any loss occasioned thereby; but the court may order the refusing
purchaser to pay into court the amount of such loss, with costs, and may punish
him for contempt if he disobeys the order. The amount of such payment shall be
for the benefit of the person entitled to the proceeds of the execution, unless the
execution has been fully satisfied, in which event such proceeds shall be for the
benefit of the judgment debtor. When a purchaser refuses to pay, the officer may
thereafter reject any subsequent bid of such person.
SECTION 23. Judgment Creditor as Purchaser. When the purchaser is the
judgment creditor, and no third-party claim has been filed, he need not pay the
amount of the bid if it does not exceed the amount of his judgment. If it does, he
shall pay only the excess.
SECTION 24. Adjournment of Sale. By written consent of debtor and creditor,
the officer may adjourn any sale upon execution to any date agreed upon in
writing by the parties. Without such agreement he may adjourn the sale from day
to day, if it becomes necessary to do so for lack of time to complete the sale on
the day fixed in the notice.
SECTION 25. Conveyance to Purchaser of Personal Property Capable of Manual
Delivery. When the purchaser of any personal property, capable of manual
delivery, pays the purchase money, the officer making the sale must deliver the
property to the purchaser and, if desired, execute and deliver to him a certificate
of sale. The sale conveys to the purchaser all the rights which the debtor had in
such property on the day the execution or attachment was levied.
SECTION 26. Conveyance to Purchaser of Personal Property Not Capable of
Manual Delivery. When the purchaser of any personal property, not capable of
manual delivery, pays the purchase money, the officer making the sale must
execute and deliver to the purchaser a certificate of sale. Such certificate
conveys to the purchaser all the rights which the debtor had in such property on
the day that the execution or attachment was levied.
SECTION 27. Conveyance of Real Property. Certificate Thereof Given to
Purchaser and Filed with Registrar. Upon a sale of real property, the officer
must give to the purchaser a certificate of sale containing:
(a) A particular description of the real property sold;
(b) The price paid for each distinct lot or parcel;
(c) The whole price by him paid;
(d) The date when the right of redemption expires.
A duplicate of such certificate must be filed by the officer in the office of the
registrar of deeds of the province where the property is situated.
SECTION 28. Certificate of Sale Where Property Claimed by Third Person.
When a property sold by virtue of a writ of execution has been claimed by a third
person, the certificate of sale to be issued by the sheriff pursuant to sections 25,
26 and 27 of this rule, shall make express mention of the existence of such third-
party claim.
SECTION 29. Who May Redeem Real Property so Sold. Real property sold as
provided in the last preceding section, or any part thereof sold separately, may
be redeemed in the manner hereinafter provided, by the following persons:
(a) The judgment debtor, or his successor-in-interest in the whole
or any part of the property;
(b) A creditor having a lien by attachment, judgment or mortgage
on the property sold, or on some part thereof, subsequent to
the judgment under which the property was sold. Such
redeeming creditor is termed a redemptioner.
SECTION 30. Time and Manner of, and Amounts Payable on, Successive
Redemptions. Notice to Be Given and Filed. The judgment debtor, or
redemptioner, may redeem the property from the purchaser, at any time within
twelve (12) months after the sale, on paying the purchaser the amount of his
purchase, with one per centumper month interest thereon in addition, up to the
time of redemption, together with the amount of any assessments or taxes which
the purchaser may have paid thereon after purchase, and interest on such last-
named amount at the same rate; and if the purchaser be also a creditor having a
prior lien to that of the redemptioner, other than the judgment under which such
purchase was made, the amount of such other lien, with interest. Property so
redeemed may again be redeemed within sixty (60) days after the last
redemption upon payment of the sum paid on the last redemption, with two per
centum thereon in addition, and the amount of any assessments or taxes which
the last redemptioner may have paid thereon after redemption by him, with
interest on such last-named amount, and in addition, the amount of any liens
held by said last redemptioner prior to his own, with interest. The property may
be again, and as often as a redemptioner is so disposed, redeemed from any
previous redemptioner within sixty (60) days after the last redemption, on paying
the sum paid on the last previous redemption, with two per centum thereon in
addition, and the amounts of any assessments or taxes which the last previous
redemptioner paid after the redemption thereon, with interest thereon, and the
amount of any liens held by the last redemptioner prior to his own, with interest.
Written notice of any redemption must be given to the officer who made the sale
and a duplicate filed with the registrar of deeds of the province, and if any
assessments or taxes are paid by the redemptioner or if he has or acquires any
lien other than that upon which the redemption was made, notice thereof must in
like manner be given to the officer and filed with the registrar of deeds; if such
notice be not filed, the property may be redeemed without paying such
assessments, taxes, or liens.
SECTION 31. Effect of Redemption by Judgment Debtor, and a Certificate to be
Delivered and Recorded Thereupon. To Whom Payments on Redemption
Made. If the judgment debtor redeems, he must make the same payments as
are required to effect a redemption by a redemptioner, whereupon the effect of
the sale is terminated and he is restored to his estate, and the person to whom
the payment is made must execute and deliver to him a certificate of redemption
acknowledged or approved before a notary public or other officer authorized to
take acknowledgments of conveyances of real property. Such certificate must be
filed and recorded in the office of the registrar of deeds of the province in which
the property is situated, and the registrar of deeds must note the record thereof
on the margin of the record of the certificate of sale. The payments mentioned in
this and the last preceding sections may be made to the purchaser or
redemptioner, or for him to the officer who made the sale.
SECTION 32. Proof Required of Redemptioner. A redemptioner must produce
to the officer, or person from whom he seeks to redeem, and serve with his
notice to the officer:
(a) A copy of the judgment or order under which he claims the right
to redeem, certified by the clerk or judge of the court wherein
the judgment is docketed; or, if he redeem upon a mortgage
or other lien, a memorandum of the record thereof, certified
by the registrar of deeds;
(b) A copy of any assignment necessary to establish his claim,
verified by the affidavit of himself, or of a subscribing witness
thereto;
(c) An affidavit by himself or his agent, showing the amount then
actually due on the lien.
SECTION 33. Manner of Using Premises Pending Redemption. Waste
Restrained. Until the expiration of the time allowed for redemption, the court
may, as in other proper cases, restrain the commission of waste on the property
by injunction, on the application of the purchaser or the judgment creditor, with or
without notice; but it is not waste for a person in possession of the property at the
time of the sale, or entitled to possession afterwards, during the period allowed
for redemption, to continue to use it in the same manner in which it was
previously used; or to use it in the ordinary course of husbandry; or to make the
necessary repairs to buildings thereon; or reasonably to use wood or timber on
the property therefor, or for fuel for his family, while he occupies the property.
SECTION 34. Rents and Profits Pending Redemption. Statement Thereof and
Credit Therefor on Redemption. The purchaser, from the time of the sale until
a redemption, and a redemptioner, from the time of his redemption until another
redemption, is entitled to receive the rents of the property sold or the value of the
use and occupation thereof when such property is in the possession of a tenant.
But when any such rents and profits have been received by the judgment creditor
or purchaser, or by a redemptioner, or by the assignee of either of them, from
property thus sold preceding such redemption, the amounts of such rents and
profits shall be a credit upon the redemption money to be paid; and, if a later
redemptioner or the judgment debtor, before the expiration of the time allowed for
such redemption demands in writing of such creditor, purchaser, or prior
redemptioner, or his assigns, a written and verified statement of the amounts of
the rents and profits thus received, the period of redemption is extended five (5)
days after such demand is complied with and such sworn statement given to
such later redemptioner or debtor. If such statement is not so given within one (1)
month from and after such demand, such redemptioner or debtor may bring an
action to compel an accounting and disclosure of such rents and profits, and until
fifteen (15) days from and after the final determination of such action, the right of
redemption is extended to such redemptioner or debtor.
SECTION 35. Deed and Possession to Be Given at Expiration of Redemption
Period. By Whom Executed or Given. If no redemption be made within twelve
(12) months after the sale, the purchaser, or his assignee, is entitled to a
conveyance and possession of the property; or, if so redeemed whenever sixty
(60) days have elapsed and no other redemption has been made, and notice
thereof given, and the time for redemption has expired, the last redemptioner, or
his assignee, is entitled to the conveyance and possession; but in all cases the
judgment debtor shall have the entire period of twelve (12) months from the date
of the sale to redeem the property. The deed shall be executed by the officer
making the sale or by his successor in office, and in the latter case shall have the
same validity as though the officer making the sale has continued in office and
executed it.
Upon the execution and delivery of said deed the purchaser, or redemptioner, or
his assignee, shall be substituted to and acquire all the right, title, interest and
claim of the judgment debtor to the property as of the time of the levy, except as
against the judgment debtor in possession, in which case the substitution shall
be effective as of the date of the deed. The possession of the property shall be
given to the purchaser or last redemptioner by the same officer unless a third
party is actually holding the property adversely to the judgment debtor.
SECTION 36. Recovery of Price if Sale Not Effective; Revival of Judgment. If
the purchaser of real property sold on execution, or his successor-in-interest fails
to recover the possession thereof, or is evicted therefrom, in consequence of
irregularities in the proceedings concerning the sale, or because the judgment
has been reversed or set aside, or because the property sold was exempt from
execution, or because a third person has vindicated his claim to the property, he
may in a proper action recover from the judgment creditor the price paid, with
interest, or so much thereof as has not been delivered to the judgment debtor; or
he may, on motion after notice, have the original judgment revived in his name
for the whole price with interest, or so much thereof as has been delivered to the
judgment debtor. The judgment so revived shall have the same force and effect
as an original judgment would have as of the date of the revival and no more. cdtai

SECTION 37. Right to Contribution or Reimbursement. When property liable

to an execution against several persons is sold thereon, and more than a due
proportion of the judgment is satisfied out of the proceeds of the sale of the
property of one of them, or one of them pays, without a sale, more than his
proportion, he may compel a contribution from the others; and when a judgment
is upon an obligation of one of them, as security for another, and the surety pays
the amount, or any part thereof, either by sale of his property or before sale, he
may compel repayment from the principal.
SECTION 38. Examination of Judgment Debtor When Execution Returned
Unsatisfied. When an execution issued in accordance with law against
property of a judgment debtor, or any one of several debtors in the same
judgment, is returned unsatisfied, in whole or in part, the judgment creditor, at
any time after such return is made, shall be entitled to an order from the judge of
the Court of First Instance of the province in which the judgment was rendered or
of the province from which the execution was returned, requiring such judgment
debtor to appear and answer concerning his property and income before such
judge of the Court of First Instance, or before a commissioner appointed by him,
at a specified time and place; and proceedings may thereupon be had for the
application of the property and income of the judgment debtor toward the
satisfaction of the judgment. But no judgment debtor shall be so required to
appear before a judge of first instance or commissioner outside the province in
which such debtor resides or is found.
SECTION 39. Examination of Debtor of Judgment Debtor. After an execution
against the property of a judgment debtor has been returned unsatisfied in whole
or in part, and upon proof, by affidavit of a party or otherwise, to the satisfaction
of the judge, that a person, corporation, or other legal entity has property of such
judgment debtor, or is indebted to him, the judge may, by an order, require such
person, corporation, or other legal entity, or any officer or member thereof, to
appear before the judge, or a commissioner appointed by him, at a time and
place within the province in which the order is served, to answer concerning the
same. The service of the order shall bind all credits due the judgment debtor and
all money and property of the judgment debtor in the possession or in the control
of such person, corporation, or legal entity from the time of service; and the judge
may also require notice of such proceedings to be given to any party to the action
in such manner as he may deem proper.
SECTION 40. Enforcement of Attendance and Conduct of Examination. A
party or other person may be compelled, by an order or subpoena, to attend
before the judge or commissioner to testify as provided in the two preceding
sections, and upon failure to obey such order or subpoena or to be sworn to, or
to answer as a witness, or to subscribe his deposition, may be punished for
contempt as in other cases. Examinations shall not be unduly prolonged, but the
proceedings may be adjourned from time to time, until they are completed. If the
examination is before a commissioner, he must take it in writing and certify it to
the judge. All examinations and answers before a judge or commissioner must
be on oath, and when a corporation or other legal entity answers it must be on
the oath of an officer or agent thereof.
SECTION 41. Debtor May Pay Execution Against Creditor. After an execution
against property has issued, a person indebted to the judgment debtor may pay
to the officer holding the execution the amount of his debt or so much thereof as
may be necessary to satisfy the execution, and the officer's receipt shall be a
sufficient discharge for the amount so paid or directed to be credited by the
judgment creditor on the execution.
SECTION 42. Order for Application of Property and Income to Satisfaction of
Judgment. The judge may order any property of the judgment debtor, or
money due him, not exempt from execution, in the hands of either himself or
other person, or of a corporation or other legal entity, to be applied to the
satisfaction of the judgment, subject to any prior rights over such property and if,
upon investigation of his current income and expense, it appears that the
earnings of the judgment debtor for his personal services are more than is
necessary for the support of his family, the judge may order that he pay the
judgment in fixed monthly installments, and upon his failure to pay any such
installment when due without good excuse may punish him for contempt.
SECTION 43. Appointment and Bond of Receiver. The judge may, by order,
appoint the sheriff, or other proper officer or person, receiver of the property of
the judgment debtor; and he may also, by order, forbid a transfer or other
disposition of, or any interference with, the property of the judgment debtor not
exempt from execution. If a bonded officer be appointed receiver, he and his
sureties shall be liable on his official bond as such receiver, but if another person
be appointed he shall give a bond as receiver as in other cases.
SECTION 44. Sale of Ascertainable Interest of Judgment Debtor in Real Estate.
If it appears that the judgment debtor has an interest in real estate, in the
province in which proceedings are had, as mortgagor or mortgagee or otherwise,
and his interest therein can be ascertained without controversy, the receiver may
be ordered to sell and convey such real estate or the interest of the debtor
therein; and such sale shall be conducted in all respects in the same manner as
is provided for the sale of real estate upon execution, and the proceedings
thereon shall be approved by the court before the execution of the deed.
SECTION 45. Proceedings When Indebtedness Denied or Another Person
Claims the Property. If it appears that a person or corporation, alleged to have
property of the judgment debtor or to be indebted to him claims an interest in the
property adverse to him or denies the debt, the court or judge may authorize, by
an order made to that effect, the judgment creditor to institute an action against
such person or corporation for the recovery of such interest or debt, forbid a
transfer or other disposition of such interest or debt until an action can be
commenced and prosecuted to judgment, and may punish disobedience or such
order as for contempt. Such order may be modified or vacated by the judge
granting the same, or by the court in which the action is brought, at any time,
upon such terms as may be just.
SECTION 46. Entry of Satisfaction of Judgment by Clerk or Judge.
Satisfaction of a judgment shall be entered by the clerk or judge in his docket,
and in his judgment book if it be the judgment of a superior court, upon the return
of an execution satisfied, or upon the filing of an admission to the satisfaction of
the judgment executed and acknowledged in the same manner as a conveyance
of real property by the judgment creditor, or by the attorney of the judgment
creditor unless a revocation of his authority is filed, or upon the indorsement of
such admission by the judgment creditor or his attorney on the face of the record
of the judgment.
SECTION 47. Entry of Satisfaction with or without Admission. Whenever a
judgment is satisfied in fact, otherwise than upon an execution, the judgment
creditor or his attorney must execute and acknowledge, or indorse, an admission
of the satisfaction as provided in the last preceding section, and after notice and
upon motion the court may order either the judgment creditor or attorney so to
do, or may order the entry of satisfaction to be made without such admission. cdtai

SECTION 48. When Principal Bound by Judgment Against Surety. When a

judgment is rendered against a party, and such party stands in the relation of
surety for another, the latter is also bound from the time that he has notice of the
action or proceeding, and an opportunity at the surety's request to join in the
defense.
SECTION 49. Effect of Judgments. The effect of a judgment or final order
rendered by a court or judge of the Philippines, having jurisdiction to pronounce
the judgment or order, may be as follows:
(a) In case of a judgment or order against a specific thing, or in
respect to the probate of a will, or the administration of the
estate of a deceased person, or in respect to the personal,
political, or legal condition or status of a particular person or
his relationship to another, the judgment or order is
conclusive upon the title to the thing, the will or
administration, or the condition, status or relationship of the
person; however, the probate of a will or granting of letters of
administration shall only be prima facie evidence of the
death of the testator or intestate;
(b) In other cases the judgment or order is, with respect to the
matter directly adjudged or as to any other matter that could
have been raised in relation thereto, conclusive between the
parties and their successors-in-interest by title subsequent to
the commencement of the action or special proceeding,
litigating for the same thing and under the same title and in
the same capacity;
 (c) In any other litigation between the same parties or their
successors-in-interest, that only is deemed to have been
adjudged in a former judgment which appears upon its face
to have been so adjudged, or which was actually and
necessarily included therein or necessary thereto.
SECTION 50. Effect of Foreign Judgments. The effect of a judgment of a
tribunal of a foreign country, having jurisdiction to pronounce the judgment is as
follows:
(a) In case of a judgment upon a specific thing, the judgment is
conclusive upon the title to the thing;
(b) In case of a judgment against a person, the judgment is
presumptive evidence of a right as between the parties and
their successors-in-interest by a subsequent title; but the
judgment may be repelled by evidence of a want of
jurisdiction, want of notice to the party, collusion, fraud, or
clear mistake of law or fact.
APPEALS
RULE 40
Appeal from Inferior Courts to Courts of First Instance
SECTION 1. Who May Appeal. Either party to an action may appeal from a
judgment rendered by an inferior court to the Court of First Instance of the
province where the judgment was rendered.
SECTION 2. Appeal, How Perfected. An appeal shall be perfected within
fifteen (15) days after notification to the party of the judgment complained of, (a)
by filing with the justice of the peace or municipal judge a notice of appeal; (b) by
delivering a postal money order for the amount of the appellate court docket fee,
or a certificate of the municipal treasurer showing that the appellant has
deposited such appellate court docket fee, or, in chartered cities, a certificate of
the clerk of the municipal court showing receipt of the said fee; and (c) by giving
a bond.
SECTION 3. Appeal Bond. The bond to be given by the appellant shall be filed
with the justice of the peace or municipal court and shall be in the sum of sixty
pesos (P60), executed to the adverse party, with at least one sufficient surety,
conditioned that the appellant will pay all costs which the Court of First Instance
may award against him. In lieu of such bond, the appellant may file with the court
a postal money order for fifty pesos (P50) or a certificate of the proper official that
the appellant has deposited fifty pesos (P50) with the municipal or city treasurer
and that said sum is available for the satisfaction of any judgment for costs that
may be rendered against appellant by the Court of First Instance. In case
judgment is rendered in appellant's favor the sum deposited in lieu of appeal
bond shall be returned to him by the official with whom it was deposited.
SECTION 4. Interruption of Time to Appeal. The time during which a motion
for new trial has been pending shall be deducted from the period for perfecting
an appeal.
SECTION 5. Transmittal of Record. The justice of the peace or municipal
judge from whose judgment an appeal is taken, shall, within five (5) days after
the perfection of the appeal, transmit to the clerk of the Court of First Instance for
the province or city a certified copy of the docket entries, together with all the
original papers and process in the case and the original appeal bond, or in lieu
thereof, the postal money order, or certificate of deposit, and the appellate court
docket fee.
SECTION 6. Duty of Clerk of the Court of First Instance. It shall be the duty of
the clerk of the Court of First Instance, upon receipt of the record, to deliver the
money order or the deposit certificate within five (5) days to the provincial
treasurer, who shall immediately pay the court docket fee, and the clerk, as soon
as the fee be in his possession, shall enter the appeal upon the docket of his
office.
SECTION 7. Reproduction of Pleadings on Appeal. Except in summary
proceedings under section 17 of Rule 5, upon the docketing of the case under
appeal, it shall be the duty of the clerk of the court to notify the parties of that fact
by registered mail. Thereupon, the pleadings filed in the justice of the peace or
municipal court shall be considered reproduced in the Court of First Instance.
SECTION 8. Settlement of Appealed Cases. At any time after the perfection of
an appeal from a judgment of a justice of the peace or municipal judge, and
before the papers have been transmitted to the clerk of the Court of First
Instance to which the action is appealed, the parties may adjust the controversy
by agreement in writing, signed by both parties and filed with the justice of the
peace or municipal judge, who shall enter the same upon his docket, and no
further proceeding shall thereafter be taken in the action. But if the appeal papers
have already been transmitted to the clerk of the Court of First Instance, then the
justice of the peace or the municipal judge shall immediately transmit the
compromise agreement to the clerk of the Court of First Instance, who shall file
the same and enter a memorandum thereof upon his docket, and no further
proceedings shall thereafter be taken in the action.
SECTION 9. Effect of Appeals. A perfected appeal shall operate to vacate the
judgment of the justice of the peace or the municipal court, and the action when
duly docketed in the Court of First Instance shall stand for trial de novo upon its
merits in accordance with the regular procedure in that court, as though the same
had never been tried before and has been originally there commenced. If the
appeal is withdrawn, or dismissed for failure to prosecute, the judgment shall be
deemed revived and shall forthwith be remanded to the justice of the peace or
municipal court for execution.
SECTION 10. Appellate Powers of Courts of First Instance Where Action Not
Tried on its Merits by Inferior Court. Where the action has been disposed of by
an inferior court upon a question of law and not after a valid trial upon the merits,
the Court of First Instance shall on appeal review the ruling of the inferior court
and may affirm or reverse it, as the case may be. In case of reversal, the case
shall be remanded for further proceedings.
SECTION 11. Lack of Jurisdiction. A case tried by an inferior court without
jurisdiction over the subject matter shall be dismissed on appeal by the Court of
First Instance. But instead of dismissing the case, the Court of First Instance in
the exercise of its original jurisdiction, may try the case on the merits if the parties
therein file their pleadings and go to the trial without any objection to such
jurisdiction.
RULE 41
Appeals from Courts of First Instance and the Social Security Commission to
Court of Appeals
SECTION 1. Exceptions Unnecessary. Formal exceptions to rulings, orders or
a judgment of the court are unnecessary; but for all purposes for which an
exception has heretofore been necessary, it is sufficient that a party, at the time
the ruling or order of the court is made or sought, makes known to the court the
action which he desires the court to take or his objection to the action of the court
and his grounds therefor; and, if a party has no opportunity to object to a ruling or
order at the time it is made, the absence of an objection does not thereafter
prejudice him.
SECTION 2. Judgments or Orders Subject to Appeal. Only final judgments or
orders shall be subject to appeal. No interlocutory or incidental judgment or order
shall stay the progress of an action, nor shall it be the subject of appeal until final
judgment or order is rendered for one party or the other.
A judgment denying relief under Rule 38 is subject to appeal, and in the course
thereof, a party may also assail the judgment on the merits, upon the ground that
it is not supported by the evidence or it is contrary to law.
A party who has been declared in default may likewise appeal from the judgment
rendered against him as contrary to the evidence or to the law, even if no petition
for relief to set aside the order of default has been presented by him in
accordance with Rule 38.
SECTION 3. How Appeal Is Taken. Appeal may be taken by serving upon the
adverse party and filing with the trial court within thirty (30) days from notice of
order or judgment, a notice of appeal, an appeal bond, and a record on appeal.
The time during which a motion to set aside the judgment or order or for a new
trial has been pending shall be deducted, unless such motion fails to satisfy the
requirements of Rule 37.
But where such a motion has been filed during office hours of the last day of the
period herein provided, the appeal must be perfected within the day following that
in which the party appealing received notice of the denial of said motion.
SECTION 4. Notice of Appeal. The notice of appeal shall specify the parties to
the appeal; shall designate the judgment or order, or part thereof, appealed from;
and shall specify the court to which the appeal is taken.
SECTION 5. Appeal Bond. The appeal bond shall answer for the payment of
costs. It shall be in the amount of one hundred and twenty pesos (P120) unless
the court shall fix a different amount. If the appeal bond is not in cash it must be
approved by the court before the transmittal of the record on appeal to the
appellate court.
SECTION 6. Record on Appeal; Form and Contents Thereof . The full names
of all the parties to the proceedings shall be stated in the caption of the record on
appeal and it shall include the order or judgment from which the appeal is taken,
and, in chronological order, copies of only such pleadings, petitions, motions and
all interlocutory orders as are related to the appealed order or judgment and
necessary for the proper understanding of the issue involved, together with such
data as will show that the appeal was perfected on time. If an issue of fact is to
be raised on appeal, the record on appeal shall include by reference all the
evidence, oral and documentary, taken upon the issue involved. The reference
shall specify the documentary evidence by the exhibit numbers or letters by
which it was identified when admitted or offered at the hearing, and the oral
evidence by the names of the corresponding witnesses. If the whole oral and
documentary evidence in the case is to be included, a statement to that effect will
be sufficient without mentioning the names of the witnesses or the numbers or
letters of exhibits. Every record on appeal exceeding twenty (20) pages must
contain a subject index.
SECTION 7. Hearing and Approval of Record. Upon the submission for
approval of the record on appeal, if no objection is filed within five (5) days, the
trial judge may approve it as presented or, upon his own motion or at the
instance of the appellee, may direct its amendment by the inclusion of any
matters omitted which are deemed essential to the determination of the issue of
law or fact involved in the appeal. If the trial judge orders the amendment of the
record, the appellant, within the time limited in the order, or such extension
thereof as may be granted, or if no time is fixed by the order within ten (10) days
from receipt thereof, shall redraft the record by including therein, in their proper
chronological sequence, such additional matters as the court may have directed
him to incorporate, and shall thereupon submit the redrafted record for approval,
upon notice to the appellee, in like manner as the original draft.
SECTION 8. Joint Record on Appeal. Where both parties are appellants they
may file a joint record on appeal within the time fixed by section 3 of this rule, or
that fixed by the court.
SECTION 9. When Appeal Deemed Perfected; Effect Thereof . If the notice of
appeal, the appeal bond and the record on appeal have been filed in due time,
the appeal is deemed perfected upon the approval of the record on appeal and of
the appeal bond other than a cash bond, and thereafter the trial court loses its
jurisdiction over the case, except to issue orders for the protection and
preservation of the rights of the parties which do not involve any matter litigated
by the appeal, to approve compromises offered by the parties prior to the
transmittal of the record on appeal to the appellate court, and to permit the
prosecution of paupers' appeals.
SECTION 10. Duty of Clerk of Court After Approval of the Record. Upon the
approval of the record on appeal by trial judge, it shall be the duty of the clerk of
the trial court to verify the correctness of the copies of all petitions, motions,
pleadings, orders and decisions included therein, as well as the dates of filing
and receipt thereof by the parties, and to make a certificate of their correctness.
SECTION 11. Transmittal. The clerk of the trial court shall transmit to the
appellate court the record on appeal within ten (10) days after its approval,
together with a certified copy of the minutes of the proceedings, the order of
approval, the certificate of correctness, and the original documentary evidence
referred to therein. A true copy of such documentary evidence shall be prepared
by the clerk and shall remain in the lower court. The documentary exhibits to be
forwarded by the clerk of the trial court to the appellate court shall be collected in
a separate folder which shall contain an index of such exhibits. The exhibit folder
shall also contain a list of such other exhibits as by their nature can not be
included in the folder, the list to indicate thereon the page of the record where
they may be found, or the place where they may have been kept or deposited.
SECTION 12. Transcript. Upon the approval of the record on appeal the clerk
shall direct the stenographer or stenographers concerned to attach to the record
of the case five (5) copies of the transcript of the oral evidence referred to in the
record on appeal. The stenographer or stenographers shall transcribe such oral
evidence and shall prepare and affix to his transcript an index containing the
names of the witnesses and the pages wherein their testimony is found, and a list
of the exhibits and the pages wherein each of them appears to have been offered
and admitted or rejected by the trial court. The transcripts shall be transmitted to
the clerk of the trial court, who shall thereupon arrange the same in the order in
which the witnesses testified at the trial, and shall cause the pages to be
numbered consecutively. The original copy and three (3) copies of the transcripts
shall be transmitted to the appellate court and the other copy shall remain in the
lower court for examination of the parties or any of them.
SECTION 13. Effect of Failure to File Notice, Bond, or Record on Appeal.
Where the notice of appeal, appeal bond or record on appeal is not filed within
the period of time herein provided, the appeal shall be dismissed.
SECTION 14. Motion to Dismiss Appeal. A motion to dismiss an appeal on
any of the grounds mentioned in the preceding section, may be filed in the Court
of First Instance prior to the transmittal of the record to the appellate court.
SECTION 15. Mandamus. When erroneously a motion to dismiss an appeal is
granted or a record on appeal is disallowed by the trial court, a proper petition for
mandamus may be filed in the appellate court.
SECTION 16. Appeal by Pauper. Where a party desiring to appeal shall
establish to the satisfaction of the trial court that he is a pauper and unable to pay
the expenses of prosecuting the appeal, and that the case is of such importance,
by reason of the amount involved, or the nature of the questions raised, that it
ought to be reviewed by the appellate court, the trial judge may enter an order
entitling the party to appeal as pauper. The clerk shall transmit to the appellate
court the entire record of the case, including the evidence taken on trial and the
record on appeal, and the case shall be heard in the appellate court upon the
original record so transmitted without printing the same.
A petition to be allowed to appeal as pauper shall not be entertained by the
appellate court.
SECTION 17. Appeal in Certiorari, Prohibition, Mandamus, Quo Warranto and
Employers' Liability Cases. In appeals in certiorari,
prohibition, mandamus, quo warranto, workmen's compensation, and employers'
liability cases, the original record of the case shall be transmitted to the appellate
court in lieu of the record on appeal. The clerk of the trial court shall observe the
provisions of section 11 of this rule as far as practicable.
SECTION 18. Appeal in Habeas Corpus Cases, How Taken. An appeal
in habeas corpus cases shall be perfected by filing with the clerk of the court or
the judge who rendered the judgment, within forty-eight (48) hours from notice of
such judgment, a statement that the person making it appeals therefrom.
SECTION 19. Who May Appeal in Habeas Corpus Cases. The appeal
in habeas corpus cases may be taken in the name of the person detained or of
the officer or person detaining him. But if the detention is by reason of civil
proceedings the party in interest or the person who caused the detention shall be
entitled to control the appeal; and, if by virtue of criminal proceedings, the
provincial fiscal, or the city fiscal as the case may be, is entitled to control the
appeal on behalf of the government, subject to the right of the Solicitor General
to intervene.
SECTION 20. Effect of Appeal in Habeas Corpus Cases. A judgment
remanding the person detained to the custody of the officer or person detaining
him, shall not be stayed by appeal. A judgment releasing the person detained
shall not be effective until the officer or person detaining has been given
opportunity to appeal. An appeal taken by such officer or person shall stay the
order of release, unless the person detained shall furnish a satisfactory bond in
an amount fixed by the court or judge rendering the judgment. The bond shall be
conditioned for the appearance of the person detained before the appellate court
to abide its order in the appeal.
SECTION 21. Transmittal of Record in Appeals in Habeas Corpus Cases.
Immediately after an appeal is taken in habeas corpus cases, the clerk, or judge,
shall transmit to the appellate court the original petition for the writ of habeas
corpus, the return thereon, a statement of all the proceedings therein and the
original judgment discharging or remanding the person detained, together with all
the papers used upon the hearing, the statement of appeal, and the orders in
regard thereto. The correctness of the papers shall be certified to by the clerk or
judge transmitting them.
SECTION 22. Withdrawal of Appeal. An appeal in any case may be withdrawn
in the Court of First Instance before the record on appeal is transmitted to the
appellate court. After the transmittal of the record, the withdrawal of the appeal
may be done in the appellate court as provided in section 4 of Rule 50.
SECTION 23. Appeals from the Social Security Commission. The provisions
of this rule shall apply to appeals from the Social Security Commission to the
Court of Appeals.
RULE 42
Appeal from Courts of First Instance to Supreme Court
SECTION 1. Procedure. The procedure of appeal to the Supreme Court from
Courts of First Instance shall be governed by the same rules governing appeals
to the Court of Appeals, except as hereinafter provided.
SECTION 2. Appeal on Pure Question of Law. Where the appellant states in
his notice of appeal or record on appeal that he will raise only questions of law,
no other questions shall be allowed, and the evidence need not be elevated.
RULE 43
 Appeal From an Order or Decision of Securities and Exchange Commission,
Land Registration Commission, Court of Agrarian Relations, Social Security
Commission, Secretary of Labor Under Section 7 of the Minimum Wage Law,
Court of Industrial Relations, Civil Aeronautics Board, Workmen's
Compensation Commission and Commission on Elections
SECTION 1. How Appeal Taken. Any party may appeal from a final order,
ruling or decision of the Securities and Exchange Commission, the Land
Registration Commission, the Court of Agrarian Relations, the Social Security
Commission, the Secretary of Labor under Section 7 of the Minimum Wage Law,
the Court of Industrial Relations, the Civil Aeronautics Board, the Workmen's
Compensation Commission, and the Commission on Elections by filing with said
bodies a notice of appeal and with the Supreme Court twelve (12) printed or
mimeographed copies of a petition for certiorari or review of such order, ruling or
decision, as the corresponding statute may provide. A copy of the petition shall
be served upon the court, commission, board or officer concerned and upon the
adverse party, and proof of service thereof attached to the original of the petition.
SECTION 2. Contents of Petition. The petition shall contain a concise
statement of the issues involved and the grounds relied on for the petition, and
shall be accompanied with a true copy of the ruling, order or decision appealed
from, together with the copies of such material portions of the record as are
referred to therein and other supporting papers. The questions raised must be
distinctly set forth in the petition.
The petition shall be made under oath and shall show, by mention of the specific
material dates, that it was filed within the period fixed in this rule.
SECTION 3. Grounds. The petition may be filed on the ground that the body
rendering the ruling, order or decision appealed from, has decided a question of
substance not theretofore determined by the Supreme Court, or has decided it in
a way not in accord with law or the applicable decisions of the Supreme Court.
Decisions of the Court of Agrarian Relations may, in the discretion of the court,
also be reviewed upon proper showing that the findings of fact are not supported
by substantial evidence.
SECTION 4. Period for Filing. Appeals from an order, ruling or decision of the
Securities and Exchange Commission and the Land Registration Commission,
shall be brought within a period of thirty (30) days from notice of such ruling,
order or decision; those from the Court of Agrarian Relations, the Social Security
Commission, and the Secretary of Labor under Section 7 of the Minimum Wage
Law, within a period of fifteen (15) days; and those from the Court of Industrial
Relations, the Civil Aeronautics Board, the Workmen's Compensation
Commission, and the Commission on Elections, within a period of ten (10) days.
SECTION 5. Docketing Fee. Upon filing the petition the petitioner shall pay to
the clerk of the Supreme Court the docketing fee.
SECTION 6. Dismissal. Upon petition of the respondent filed within five (5)
days from service of the petition, or upon its own motion, the Supreme Court may
dismiss the petition on the ground that the appeal is without merit, or is
prosecuted manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration.
However, no petition shall be dismissed on account of a mistaken designation of
the method of appeal, if the contents thereof substantially comply with the
requirements of this rule, in which case the pleading shall be treated as a petition
for review.
SECTION 7. Deposit for Costs. If the petition is given due course, the
petitioner shall deposit the sum of eighty pesos (P80.00) for costs within three (3)
days from notice by the clerk of court, unless a different period is fixed by the
court. Upon failure of petitioner to make the deposit within the said period, the
petition shall be dismissed.
SECTION 8. Elevation of Record. Within five (5) days from the deposit of the
costs, the clerk of the Supreme Court shall notify the clerk of the court,
commission, board or office concerned to forward the record of the case. Within
five (5) days from receipt of such notice, the whole record of the case shall be
forwarded to the Supreme Court in appeals from the Securities and Exchange
Commission and the Land Registration Commission.
In appeals from the Court of Agrarian Relations, the Secretary of Labor under
Section 7 of the Minimum Wage Law, the Court of Industrial Relations, the Civil
Aeronautics Board, the Workmen's Compensation Commission, the Commission
on Elections and the Social Security Commission, certified true copies of the
record shall be elevated to the Supreme Court.
SECTION 9. Answer of Respondent. Immediately after deposit for costs is
made, the clerk shall require respondent to answer within ten (10) days from
notice. The answer shall be accompanied with true copies of such material
portions of the record as are referred to therein together with other supporting
papers. Copy of the answer shall be served by the respondent upon the
petitioner.
SECTION 10. Effect of Appeal. The appeal shall not stay the order, ruling or
decision of the Securities and Exchange Commission, the Land Registration
Commission, the Court of Agrarian Relations, the Social Security Commission,
the Secretary of Labor under Section 7 of the Minimum Wage Law, the Court of
Industrial Relations, and the Commission on Elections, but shall stay that of the
Civil Aeronautics Board and the Workmen's Compensation Commission, unless
the Supreme Court shall direct otherwise upon such terms as it may deem just.
RULE 44
Appeal from an Award, Order or Decision of Public Service Commission,
Patent Office, Agricultural Inventions Board, Court of Tax Appeals, and
General Auditing Office
SECTION 1. How Appeal Taken. An appeal from a final award, order or
decision of the Public Service Commission, the Patent Office, the Agricultural
Inventions Board, the Court of Tax Appeals, and the General Auditing Office,
shall be perfected by filing with said bodies a notice of appeal and with the
Supreme Court twelve (12) copies of a petition for review of the award, order or
ruling complained of, within a period of thirty (30) days from notice of such award,
order or decision.
SECTION 2. Grounds of and Procedure on Appeal. Questions of law may be
raised in an appeal from an award, order or decision of the above-mentioned
bodies. Findings of fact if not supported by substantial evidence may also be
reviewed. cda

The procedure on appeal shall be governed by the provisions of Rule 43 in

matters not covered by this rule, but the deposit for costs shall be made together
with the payment of the docketing fee.
SECTION 3. Elevation of Record. Within five (5) days from the deposit of the
costs, the clerk of the Supreme Court shall notify the clerk of the court,
commission, or office concerned to forward the record of the case. Within five (5)
days from such notice, the whole record shall be forwarded in appeals from the
Public Service Commission, the Court of Tax Appeals or the General Auditing
Office; but in appeals from the Patent Office and the Agricultural Inventions
Board certified true copies of the record shall be sufficient.
SECTION 4. Effect of Appeal. The appeal shall not stay the award, order or
decision of the Public Service Commission, the Patent Office and the Agricultural
Inventions Board, but shall stay that of the Court of Tax Appeals and the General
Auditing Office.
RULE 45
Appeal from Court of Appeals to Supreme Court *

SECTION 1. Filing of Petition with Supreme Court. A party may appeal

by certiorari, from a judgment of the Court of Appeals, by filing with the Supreme
Court a petition for certiorari, within fifteen (15) days from notice of judgment or of
the denial of his motion for reconsideration filed in due time, and paying at the
same time, to the clerk of said court the corresponding docketing fee. The
petition shall not be acted upon without proof of service of a copy thereof to the
Court of Appeals.
SECTION 2. Contents of Petition. The petition shall contain a concise
statement of the matters involved, the assignment of errors made in the court
below, and the reasons relied on for the allowance of the petition, and it should
be accompanied with a true copy of the judgment sought to be reviewed,
together with twelve (12) copies of the record on appeal, if any, and of the
petitioner's brief as filed in the Court of Appeals. A verified statement of the date
when notice of judgment and denial of the motion for reconsideration, if any,
were received shall accompany the petition.
Only questions of law may be raised in the petition and must be distinctly set
forth. If no record on appeal has been filed in the Court of Appeals, the clerk of
the Supreme Court, upon admission of the petition, shall demand from the Court
of Appeals the elevation of the whole record of the case.
SECTION 3. Dismissal. Upon petition of the respondent filed within five (5)
days from service of the petition, or upon its own motion, the Supreme Court may
dismiss the petition on the ground that the appeal is without merit, or is
prosecuted manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration.
SECTION 4. Review of Court of Appeals' Decision, Discretionary. A review is
not a matter of right, but of sound judicial discretion, and will be granted only
when there are special and important reasons therefor. The following, while
neither controlling nor fully measuring the court's discretion, indicate the
character of reasons which will be considered:
(a) When the Court of Appeals has decided a question of
substance, not theretofore determined by the Supreme
Court, or has decided it in a way probably not in accord with
law or with the applicable decisions of the Supreme Court;
(b) When the Court of Appeals has so far departed from the
accepted and usual course of judicial proceedings, or so far
sanctioned such departure by a lower court, as to call for an
exercise of the power of supervision.
SECTION 5. Deposit for Costs. If the petition is given due course, the
petitioner shall deposit the sum of eighty pesos (P80) for costs within five (5)
days from notice unless a different period is fixed by the court. Upon failure of
petitioner to make the deposit within the said period, the petition may be
dismissed.
PROCEDURE IN THE COURT OF APPEALS
 RULE 46
Appealed Cases
SECTION 1. Title of Cases. In all cases removed to the Court of Appeals, the
party bringing the case shall be called the "appellant" and the adverse party the
"appellee," but the title of the case shall remain as it was below.
SECTION 2. Attorneys and Guardians. Attorneys and guardians ad litem of
the respective parties in the court below shall be considered as the attorneys and
guardians of the same parties respectively in the Court of Appeals. When others
are appointed notice thereof shall be served immediately on the adverse party
and filed with the court.
SECTION 3. Order of Transmittal of Record. If the record on appeal is not
received by the Court of Appeals within thirty (30) days after the approval thereof,
the appellee may, upon notice to the appellant, move the court to grant an order
directing the clerk of the lower court forthwith to transmit such record on appeal
or to declare the same abandoned for failure to prosecute.
SECTION 4. Notice of Receipt of Record. The clerk upon receiving the record
on appeal shall cause a notice of that fact to be served on the parties.
SECTION 5. Duty of Appellant Upon Receipt of Notice. It shall be the duty of
the appellant, within fifteen (15) days from the date of the notice referred to in the
preceding section, to pay to the clerk of the Court of Appeals the fee for the
docketing of the appeal, and within sixty (60) days from such notice to submit to
the court forty (40) printed copies of the record on appeal, together with proof of
service of fifteen (15) printed copies thereof upon the appellee.
Where the appellant has been authorized to appeal as pauper, he shall file with
the court seven (7) clearly typewritten or mimeographed copies of his record on
appeal, together with proof of service of one (1) copy thereof upon the adverse
party.
SECTION 6. Place of Payment. The appellant may, at his election, pay the
docketing fee to the clerk of the lower court at any time before the transmission
of the record on appeal, in which event the docketing fee shall be transmitted
with the record on appeal.
SECTION 7. Objections to Printed Record on Appeal. Within thirty (30) days
from receipt of the printed copies of the record on appeal, the appellee shall
submit a statement to the court specifying his objections to the printed record. No
alterations, omissions or additions in the printed record shall be allowed, and a
violation of this prohibition shall be a ground for dismissal of the appeal.
The period fixed in the preceding paragraph shall not suspend or interrupt the
period for filing the appellant's brief as provided in section 10 of this rule.
SECTION 8. Elevation of Evidence. Upon receipt of printed copies of the
record on appeal, the clerk shall ascertain whether or not the transcript and
exhibits have been elevated, and if not, shall cause this to be done.
SECTION 9. Service of Printed Copies of Record on Appeal. Upon receipt of
the printed copies of the record on appeal, the clerk shall at once cause fifteen
(15) of them to be served by registered mail or personal delivery upon each party
or his attorney.
SECTION 10. Appellant's Brief . After receipt by the appellant of fifteen (15)
copies of the printed record on appeal, it shall be his duty to file with the clerk,
within forty-five (45) days from receipt of notice of the clerk to the effect that all
the evidence, oral and documentary, is already attached to the record, forty (40)
copies of his printed brief together with proof of service of five (5) copies thereof
upon the appellee. If the appellant is duly authorized to appeal as pauper, or if for
sufficient cause he is relieved of the obligation to file a printed brief, he may file
seven (7) legibly typewritten or mimeographed copies of his brief with copies of
the judgment or order appealed from as appendix thereto, within forty-five (45)
days from notice by the appellate court that all the evidence, oral and
documentary, is already attached to the record of the case, and shall serve a
copy of the brief on the appellee.
SECTION 11. Appellee's Brief . Within forty-five (45) days from receipt of
appellant's brief, the appellee shall file with the court forty (40) copies of his
printed brief together with proof of service of five (5) copies thereof upon the
appellant. A pauper appellee may file seven (7) legibly typewritten or
mimeographed copies of his brief, and serve a copy on the appellant.
SECTION 12. Appellant's Reply Brief . Within twenty (20) days from receipt of
appellee's brief, the appellant may file a reply brief answering points in appellee's
brief not already covered in his main brief.
SECTION 13. Time of Filing Brief in Special Cases. In mandamus, certiorari,
prohibition, quo warranto, habeas corpus, election contest, workmen's
compensation, employers' liability and social security cases, the respective briefs
of the parties shall be filed within thirty (30) days but the court may still shorten
this period as the circumstances may require.
SECTION 14. Several Appellants or Appellees or Several Attorneys for Each
Party. Where there are several appellants or appellees, each attorney
representing one or more but not all of them shall be served with only three (3)
copies of the briefs. And when several attorneys represent one party appellant or
appellee, copies of the brief may be served upon any of them.
SECTION 15. Extension of Time for Filing Brief . Extension of time for the
filing of briefs will not be allowed, except for good and sufficient cause, and only if
the motion for extension is filed before the expiration of the time sought to be
extended.
SECTION 16. Contents of Appellant's Brief . The appellant's brief shall contain
in the order herein indicated the following:
(a) A subject index of the matter in the brief with a digest of the
argument and page references and a table of cases
alphabetically arranged, textbooks and statutes cited with
reference to the pages where they are cited;
(b) An assignment of the errors intended to be urged. Such errors
shall be separately, distinctly and concisely stated without
repetition, and shall be numbered consecutively;
(c) Under the heading "Statement of the Case," a clear and
concise statement of the nature of the action, a summary of
the proceedings, the appealed rulings and orders of the
court, the nature of the judgment and any other matters
necessary to an understanding of the nature of the
controversy, with page references to the record;
(d) Under the heading "Statement of Facts," a clear and concise
statement in a narrative form of the facts admitted by both
parties and of those in controversy, together with the
substance of the proof relating thereto in sufficient detail to
make it clearly intelligible, with page references to the
record;
(e) A clear and concise statement of the issues of fact or law to be
submitted to the court for its judgments;
(f) Under the heading "Argument," the appellant's arguments on
each assignment of error with page references to the record.
The authorities relied upon shall be cited by the page of the
report at which the case begins and the page of the report
on which the citation is found;
(g) Under the heading "Relief," a specification of the order or
judgment which the appellant seeks;
(h) In cases not brought up by record on appeal, the appellant's
brief shall contain as an appendix, a copy of the judgment or
order appealed from.
SECTION 17. Contents of Appellee's Brief . The appellee's brief shall contain
in the order herein indicated the following:
 (a) A subject index of the matter in the brief with a digest of the
argument and page references and a table of cases
alphabetically arranged, textbooks, and statutes cited with
references to the pages where they are cited;
(b) Under the heading "Statement of Facts," the appellee shall
state that he accepts the statement of facts in the appellant's
brief, or under the heading "Counter-Statement of Facts," he
shall point out such insufficiencies or inaccuracies as he
believes exist in the appellant's statement of facts with
references to the pages of the record in support thereof, but
without repetition of matters in appellant's statement of facts;
(c) Under the heading "Argument," the appellee shall set forth his
arguments in the case on each assignment of error with
page references to the record. The authorities relied on shall
be cited by the page of the report at which the case begins
and the page of the report on which the citation is found.
SECTION 18. Questions that May Be Raised on Appeal. Whether or not the
appellant has filed a motion for new trial in the court below, he may include in his
assignment of errors any question of law or fact that has been raised in the court
below and which is within the issues framed by the parties.
RULE 47
Original Cases
SECTION 1. Title of Cases. In all cases originally filed in the Court of Appeals,
the party instituting the action shall be called the "petitioner" and the opposing
party the " respondent."
SECTION 2. Petition. In cases coming within the original jurisdiction of the
Court of Appeals, the petition shall be accompanied with supporting papers,
including copies of the decision or order to be reviewed. A sufficient number of
copies of the petition and supporting papers shall be signed by the petitioner and
filed with the court to be served upon the respondents.
SECTION 3. Order. Immediately upon the filing of the petition, the clerk shall
report the same to the court and upon a prima facie showing the court shall order
the respondent to answer the petition, within ten (10) days from the date of
service. A copy of the order with a copy of the petition shall be served upon the
respondents by the sheriff or his deputy or any officer designated by the court.
In habeas corpus cases against a government official, service shall be made also
upon the Solicitor General.
SECTION 4. Answer. The respondent, within the time herein provided, shall
file his answer with the court and serve a copy thereof upon the petitioner,
otherwise the petition shall be heard ex parte.
SECTION 5. Oral Argument. Upon the filing and service of the respondent's
answer if no issue of fact is therein raised, the court shall fix a date for oral
argument with notice upon the parties, unless it dismisses the petition upon the
pleadings filed.
RULE 48
Oral Argument
SECTION 1. When Appealed Case Deemed Submitted for Decision. Upon the
filing of appellant's reply brief, or after the expiration of the time for its filing, the
case shall be deemed submitted for decision, unless within twenty (20) days any
party asks and for special reasons is thereafter granted permission for oral
argument, or unless the court on its own motion requires it.
Oral argument shall be confined to such points as the court may specify in an
order setting the date therefor.
This section shall apply to all appeals by petition for review or certiorari, petitioner
being considered the appellant.
SECTION 2. Order of Oral Argument. The appellant, petitioner, or, in the
discretion of the court, the party who applied for oral argument, may open the
same; the adverse party may then follow; and the closing argument shall belong
to the party who opened it. Two counsels may, in the discretion of the court, be
heard upon each side, but in the order herein provided.
SECTION 3. Duration of Oral Argument. Each party shall be entitled to half an
hour for oral argument, extendible in the discretion of the court.
SECTION 4. Memoranda and List of Authorities. Memoranda may be admitted
at the hearing in lieu of oral argument. A citation of authorities not already
referred to in the briefs may also be admitted at the hearing.
SECTION 5. Oral Argument of Appellee Without Brief . If the appellee fails to
file his brief in time and the case is called for oral argument, he shall only be
heard in reply to appellant's oral argument or memorandum.
SECTION 6. Completion or Correction of Record. If the court discovers that
the record before it is so incomplete or incorrect that justice requires the same to
be completed or corrected, the court may make such order as may be proper and
necessary to that effect.
SECTION 7. Original Papers May Be Required. Whenever it is necessary or
proper in the opinion of the court that original papers of any kind should be
inspected in the court on appeal, it may make such order for the transmission,
safekeeping, and return of such original papers as may seem proper, and the
court may receive and consider such original papers in connection with the
record.
SECTION 8. Hearing of Appeals in Habeas Corpus Cases. Appeals in habeas
corpus cases shall take precedence over all other cases in the Court of Appeals.
At the hearing of the appeal, if the person detained is on bail, his presence shall
be required, and likewise at the time of the rendition of the judgment by the
appellate court. His absence, however, shall not preclude the appellate court
from proceeding in its discretion to hear the appeal and render judgment, but the
court may forthwith declare his bond forfeited and order that the person detained
be remanded to the custody of the officer or person detaining him. The sum due
upon the forfeited bond shall be collected in the same manner as in criminal
proceedings.
RULE 49
Pleadings, Motions, Service of Papers
SECTION 1. Pleadings, Motions, Service of Papers and Proof Thereof .
Pleadings, motions, filing and service of papers, and proof thereof, except as
otherwise provided, shall be governed by Rules 7, 8, 9, 13 and 15, in so far as
they are not inconsistent with the provisions of this rule.
SECTION 2. No Oral Argument for Motions. No oral argument will be heard in
support of motions, unless the court otherwise directs. The adverse party may file
objections within five (5) days from service, upon the expiration of which the
motion shall be deemed submitted for ruling.
SECTION 3. Effectiveness of Service. Unless otherwise provided by these
rules, service of notices, of pleadings and of all other papers shall take effect
upon the expiration of five (5) days from receipt.
RULE 50
Dismissal of Appeal
SECTION 1. Grounds for Dismissal of Appeal. An appeal may be dismissed
by the Court of Appeals, on its own motion or on that of the appellee, on the
following grounds:
(a) Failure of the record on appeal to show on its face that the
appeal was perfected within the period fixed by these rules;
(b) Failure to file, within the period prescribed by these rules, the
notice of appeal, appeal bond or record on appeal;
 (c) Failure of the appellant to prosecute his appeal under section 3
of Rule 46;
(d) Failure of the appellant to pay the docketing fee as provided in
section 5 of Rule 46;
(e) Unauthorized alterations, omissions or additions in the printed
record on appeal;
(f) Failure of the appellant or of his printer, to serve and file the
required number of copies of his brief within the time
provided by these rules;
(g) Want of specific assignment of errors in the appellant's brief, or
of page references to the record as required in section 16(d)
of Rule 46;
(h) Failure of the appellant to take the necessary steps for the
correction or completion of the record within the time limited
by the court in its order; and
(i) That the order or judgment appealed from is not appealable.
SECTION 2. Effect of Dismissal. Fifteen (15) days after the dismissal of an
appeal, the clerk shall return to the court below the record on appeal with a
certificate under the seal of the court showing that the appeal has been
dismissed. Upon the receipt of such certificate in the lower court the case shall
stand there as though no appeal had ever been taken, and the judgment of the
said court may be enforced with the additional costs allowed by the appellate
court upon dismissing the appeal.
SECTION 3. Where Appealed Case Erroneously Brought. Where the
appealed case has been erroneously brought to the Court of Appeals, it shall not
dismiss the appeal, but shall certify the case to the proper court, with a specific
and clear statement of the grounds therefor.
SECTION 4. Withdrawal of Appeal. An appeal may be withdrawn as of right at
any time before the filing of appellee's brief. After that brief is filed the withdrawal
may be allowed by the court in its discretion. The withdrawal of an appeal shall
have the same effect as that of a dismissal in accordance with section 2 of this
rule.
RULE 51
Judgment
SECTION 1. Justices; Who May Take Part. All matters submitted to the court
for its consideration and adjudication will be deemed to be submitted for
consideration and adjudication by any and all of the Justices who are members
of the division of the court at the time when such matters are taken up for
consideration and adjudication, whether such Justices were or were not present
at the date of submission; however, only those members present when any
matter is submitted for oral argument will take part in its consideration and
adjudication, if the parties or either of them, express a desire to that effect in
writing filed with the clerk at the date of submission.
SECTION 2. Quorum of the Court. The unanimous vote of the three Justices
of a division shall be necessary for the pronouncement of a judgment. In the
event that the three Justices do not reach a unanimous vote, the Presiding
Justice shall designate two Justices from among the other members of the court
to sit temporarily with them, forming a special division of five Justices, and the
concurrence of a majority of such division shall be necessary for the
pronouncement of a judgment.
SECTION 3. Disposition of a Case. The Court of Appeals, in the exercise of its
appellate jurisdiction, may affirm, reverse, or modify the judgment or order
appealed from, and may direct a new trial or further proceeding to be had. When
a new trial shall be granted, the court shall pass upon all the questions of law
involved for the final determination of the action.
SECTION 4. Findings of the Court. Every decision of the Court of Appeals
shall contain complete findings of fact on all issues properly raised before it.
SECTION 5. Harmless Error. No error in either the admission or the exclusion
of evidence and no error or defect in any ruling or order or in anything done or
omitted by the court or by any of the parties is ground for granting a new trial or
for setting aside, modifying, or otherwise disturbing a judgment or order, unless
refusal to take such action appears to the court inconsistent with substantial
justice. The court at every stage of the proceeding must disregard any error or
defect which does not affect the substantial rights of the parties.
SECTION 6. Judgment Where There are Several Parties. In all actions or
proceedings, an appealed judgment may be affirmed as to some of the
appellants, and reversed as to others, and the case shall thereafter be
proceeded with, so far as necessary, as if separate actions had been begun and
prosecuted; and execution of the judgment of affirmance may be had
accordingly, and costs may be adjudged in such cases, as the court shall deem
proper.
SECTION 7. Questions that May Be Decided. No error which does not affect
the jurisdiction over the subject matter will be considered unless stated in the
assignment of errors and properly argued in the brief, save as the court, at its
option, may notice plain errors not specified, and also clerical errors.
SECTION 8. Interest-Bearing Claim. Unless otherwise provided, when the
judgment rendered by the Court of Appeals is upon an interest-bearing claim, it
shall bear the same rate of interest as the claim; when upon a non-interest-
bearing claim, it shall bear the legal rate of interest.
SECTION 9. Filing and Notice of Judgment. After the judgment and dissenting
opinions, if any, are signed by the Justices taking part, they shall be delivered for
filing to the clerk who shall cause true copies thereof to be served upon the
parties or their counsel.
SECTION 10. Entry of Judgment. The judgment shall be entered upon the
expiration of fifteen (15) days after service of notice thereof upon the parties. In
criminal cases where defendant is acquitted, or judgment is based upon petition
of appellant without objection on the part of the appellee praying for the dismissal
of the case, entry shall be made immediately. The entry shall be in the same
form as is provided in section 2 of Rule 36.
SECTION 11. Return of Case. Ten (10) days after entry of judgment, the clerk
shall return the records of the case to the lower court, unless notice is given of
intention to petition the Supreme Court for a writ of certiorari, in which event the
mittimus shall be stayed. Upon returning the case, the clerk shall transmit to the
court below a certified copy of the judgment for execution.
It shall be the duty of the clerk of the lower court to notify the parties within five
(5) days of the receipt by him of the records of a case from the appellate court.
RULE 52
Re-Hearing
SECTION 1. Motion for Re-Hearing. A motion for a re-hearing or
reconsideration shall be made ex parte and filed within fifteen (15) days from
notice of the final order or judgment. No more than one motion for re-hearing or
reconsideration shall be filed without express leave of court. A second motion for
reconsideration may be presented within fifteen (15) days from notice of the
order or judgment deducting the time in which the first motion has been pending.
SECTION 2. Oral Argument When Motion Granted. If the court finds
merit prima facie in the motion for re-hearing or reconsideration, the adverse
party shall be given time to answer, after which the court, in its discretion, may
set the case for oral argument.
SECTION 3. Stay. A motion for re-hearing or reconsideration filed in time shall
stay the final order or judgment sought to be re-examined.
RULE 53
New Trial
SECTION 1. Petition. Before a final order or judgment rendered by the Court
of Appeals becomes executory, a motion for a new trial may be filed on the
ground of newly discovered evidence which could not have been discovered prior
to the trial in the court below by the exercise of due diligence and which is of
such a character as would probably change the result. The motion shall be
accompanied by affidavits showing the facts constituting the grounds therefor
and the newly discovered evidence.
SECTION 2. Hearing and Order. The Court of Appeals shall consider the new
evidence together with that adduced on the trial below, and may grant or refuse a
new trial, or may make such order, with notice to both parties, as to taking further
testimony, either orally in court, or by depositions, or render such other judgment
as ought to be rendered, in view of the whole case, upon such terms as it may
deem just.
SECTION 3. Procedure in New Trial. Unless the court otherwise directs, the
procedure in the new trial shall be the same as if granted by a Court of First
Instance.
RULE 54
Internal Business
SECTION 1. Distribution of Cases Among Divisions. All the cases of the Court
of Appeals shall be allotted among the different divisions thereof for hearing and
decision. The Court of Appeals, sitting in banc, shall make proper orders or rules
to govern the allotment of cases among the different divisions, the constitution of
such divisions, the regular rotation of Justices among them, the filling of
vacancies occurring therein, and other matters relating to the business of the
court; and such rules shall continue in force until repealed or altered by it or by
the Supreme Court.
SECTION 2. Decisions Within Term. All cases submitted to a division of the
Court of Appeals for decision shall be decided or terminated therein within the
term in which they were heard and submitted for decision. However, when a case
is complicated or otherwise attended with special circumstances which demand
additional time for its study or consideration, the Court of Appeals, sitting in banc,
may, upon petition of the division concerned, grant an additional period not
exceeding three (3) months for its disposition or termination.
SECTION 3. Quorum of the Court. Eleven Justices of the Court of Appeals
shall constitute a quorum for its sessions in banc; and three Justices shall
constitute aquorum for the sessions of a division. In the absence of
a quorum, the court or the division shall stand ipso facto adjourned until such
time as the requisite number shall be present, and a memorandum showing this
fact shall be inserted by the clerk in the minutes of the court. The affirmative vote
of ten Justices is necessary to pass a resolution of the court in banc.
 RULE 55
Publication of Decisions
With the consent of the respective writers thereof, the decisions of the court shall
be published in the Official Gazette and in the Appellate Court's Reports in the
language in which they have been originally written. Memoranda of all other
decisions not so published shall be made by the reporter and published in the
Official Gazette and included in the Appellate Court's Reports. The syllabi for the
decisions shall be prepared by the reporter in consultation with the writers
thereof.
PROCEDURE IN THE SUPREME COURT
RULE 56
Appealed and Original Cases
SECTION 1. Procedure Similar to that of Court of Appeals. Unless otherwise
provided by the Constitution or by law, the procedure in the Supreme Court in
original as well as in appealed cases, shall be the same as in the Court of
Appeals, except as hereafter provided.
SECTION 2. Copies to Be Filed in Appealed as Well as in Original Cases. In
appeals under Rule 42, where record on appeal is required, twenty (20) printed
copies thereof shall be submitted to the Supreme Court. In all other cases or
whenever original jurisdiction is invoked, in addition to the original pleadings,
memoranda and reports, and the necessary copies to be served on the adverse
party, twenty (20) printed copies thereof shall be filed for the use of the court.
Upon proper petition and showing the court may allow the filing of twelve (12)
legibly typewritten copies in lieu of printed or mimeographed copies.
The transcript of the testimony, whenever required by the rules, shall be filed in
five (5) clearly legible copies besides the original that shall be attached to the
record. Additional copies shall be made in the office of the clerk.
SECTION 3. Periods for Filing Briefs. In all appeals, including petitions for
review or certiorari, the appellant or petitioner shall file his brief within thirty (30)
days from notice to this effect by the clerk of the Supreme Court. The appellee or
respondent shall also file his brief with the said court within thirty (30) days from
receipt of appellant's brief.
SECTION 4. Copies of Briefs to Be Filed. Both appellant and appellee, or
petitioner and respondent, shall file with the Supreme Court twenty (20) printed
copies of their briefs, together with proof of service of five (5) copies thereof upon
the adverse party.
SECTION 5. Mimeographed or Typewritten Copies of Record on Appeal and
Brief . Where a party has been authorized to appeal as pauper, he shall file
with the Supreme Court twelve (12) clearly typewritten or mimeographed copies
of his record on appeal and brief, together with proof of service of one (1) copy
thereof upon the adverse party.
SECTION 6. Appealed Orders or Decisions as Appendix. Unless records on
appeal are required, orders or decisions sought to be reviewed, of the courts,
commissions or officers involved, shall be copied in the appellant's or petitioner's
brief as appendix.
SECTION 7. Extension of Time. No extension of time to file brief shall be
granted except for special and weighty reasons, upon verified petition filed before
the expiration of the period sought to be extended.
SECTION 8. When Case Deemed Submitted. Upon the filing of the reply brief,
or after the expiration of the time for its filing, the case shall be deemed
submitted for decision, unless the court on its own motion, or upon motion of any
party, for special reasons, requires oral argument. Oral argument shall be heard
only on points specified in a special order of the court.
SECTION 9. Calendar of Hearings. The clerk shall prepare at the beginning of
each month a calendar of hearings in original cases and in cases authorized to
be heard on oral argument as provided in section 8 of this rule.
SECTION 10. Oral Argument, its Duration. Each party shall be entitled to thirty
(30) minutes for oral argument, extendible in the discretion of the court where
motion for more time has been filed the day before the hearing.
SECTION 11. Procedure if Opinion Is Equally Divided. Where the court in
banc is equally divided in opinion, or the necessary majority cannot be had, the
case shall be re-heard, and if on re-hearing no decision is reached, the action
shall be dismissed if originally commenced in the court; in appealed cases, the
judgment or order appealed from shall stand affirmed; and on all incidental
matters, the petition or motion shall be denied.
PROVISIONAL REMEDIES
RULE 57
Attachment
SECTION 1. Grounds Upon Which Attachment May Issue. A plaintiff or any
proper party may, at the commencement of the action or at any time thereafter,
have the property of the adverse party attached as security for the satisfaction of
any judgment that may be recovered in the following cases:
(a) In an action for the recovery of money or damages on a cause
of action arising from contract, express or implied, against a
 party who is about to depart from the Philippines with intent
to defraud his creditors;
(b) In an action for money or property embezzled or fraudulently
misapplied or converted to his own use by a public officer, or
an officer of a corporation, or an attorney, factor, broker,
agent, or clerk, in the course of his employment as such, or
by any other person in a fiduciary capacity, or for a willful
violation of duty;
(c) In an action to recover the possession of personal property
unjustly detained, when the property, or any part thereof, has
been concealed, removed, or disposed of to prevent its
being found or taken by the applicant or an officer;
(d) In an action against a party who has been guilty of a fraud in
contracting the debt or incurring the obligation upon which
the action is brought, or in concealing or disposing of the
property for the taking, detention or conversion of which the
action is brought;
(e) In an action against a party who has removed or disposed of
his property, or is about to do so, with intent to defraud his
creditors;
(f) In an action against a party who resides out of the Philippines,
or on whom summons may be served by publication.
SECTION 2. Issuance and Contents of Order. An order of attachment may be
granted by the judge of any court in which the action is pending, or by a Justice
of the Court of Appeals or the Supreme Court, and must require the sheriff or
other proper officer of the province to attach all the property of the party against
whom it is issued within the province not exempt from execution, or so much
thereof as may be sufficient to satisfy the applicant's demand, the amount of
which must be stated in the order, unless such party makes deposit or gives
bond as hereinafter provided in an amount sufficient to satisfy such demand,
besides costs, or in an amount equal to the value of the property which is about
to be attached. Several orders may be issued at the same time to the sheriffs or
other proper officers of different provinces.
SECTION 3. Affidavit and Bond Required. An order of attachment shall be
granted only when it is made to appear by the affidavit of the applicant, or of
some other person who personally knows the facts, that a sufficient cause of
action exists, that the case is one of those mentioned in section 1 hereof, that
there is no other sufficient security for the claim sought to be enforced by the
action, and that the amount due to the applicant, or the value of the property the
possession of which he is entitled to recover, is as much as the sum for which
the order is granted above all legal counterclaims. The affidavit, and the bond
required by the next succeeding section, must be duly filed with the clerk or judge
of the court before the order issues.
SECTION 4. Condition of Applicant's Bond. The party applying for the order
must give a bond executed to the adverse party in an amount to be fixed by the
judge, not exceeding the applicant's claim, conditioned that the latter will pay all
the costs which may be adjudged to the adverse party and all damages which he
may sustain by reason of the attachment, if the court shall finally adjudge that the
applicant was not entitled thereto.
SECTION 5. Manner of Attaching Property. The officer executing the order
shall without delay attach, to await judgment and execution in the action, all the
properties of the party against whom the order is issued in the province, not
exempt from execution, or so much thereof as may be sufficient to satisfy the
applicant's demand, unless the former makes a deposit with the clerk or judge of
the court from which the order issued, or gives a counter-bond executed to the
applicant, in an amount sufficient to satisfy such demand besides costs, or in an
amount equal to the value of the property which is about to be attached, to
secure payment to the applicant of any judgment which he may recover in the
action. The officer shall also forthwith serve a copy of the applicant's affidavit and
bond, and of the order of attachment, on the adverse party, if he be found within
the province.
SECTION 6. Officer's Return. Immediately after executing the order the officer
must make a return thereon to the clerk or judge of the court from which the
order issued, with a full statement of his proceedings under the order and a
complete inventory of the property attached, together with any counter-bond
given by the party against whom attachment is issued, and serve a copy of any
such counter-bond on the applicant or his lawyer.
SECTION 7. Attachment of Real and Personal Property; Recording Thereof .
Properties shall be attached by the officer executing the order in the following
manner:
(a) Real property, or growing crops thereon, standing upon the
records of the registrar of deeds of the province in the name
of the party against whom attachment is issued, or not
appearing at all upon such records, by filing with the registrar
of deeds a copy of the order, together with a description of
the property attached, and a notice that it is attached, and by
leaving a copy of such order, description, and notice with the
occupant of the property, if any there be. Where the property
has been brought under the operation of the Land
 Registration Act, the notice shall contain a reference to the
number of the certificate of title and the volume and page in
the registration book where the certificate is registered. The
registrar must index attachments filed under this paragraph
in the names both of the applicant and the adverse party;
(b) Real property, or growing crops thereon or any interest therein,
belonging to the party against whom attachment is issued,
and held by any other person, or standing on the records of
the registrar of deeds in the name of any other person, by
filing with the registrar of deeds a copy of the order, together
with a description of the property, and a notice that such real
property, and any interest therein of said party, held by or
standing in the name of such other person, naming him, are
attached, and by leaving with the occupant of the property, if
any, and with such other person, or his agent, if found within
the province, or at the residence of either, if within the
province, a copy of such order, description, and notice.
Where the property has been brought under the operation of
the Land Registration Act, the notice shall contain a
reference to the number of the certificate of title and the
volume and page in the registration book where the
certificate is registered. The registrar of deeds must index
attachments filed under this paragraph in the name of the
applicant, of the adverse party and of the person by whom
the property is held or in whose name it stands on the
records;
(c) Personal property capable of manual delivery, by taking and
safely keeping it in his capacity, after issuing the
corresponding receipt therefor;
(d) Stocks or shares, or an interest in stocks or shares, of any
corporation or company, by leaving with the president or
managing agent thereof, a copy of the order, and a notice
stating that the stock or interest of the party against whom
the attachment is issued, is attached in pursuance of such
order;
(e) Debts and credits, and other personal property not capable of
manual delivery, by leaving with the person owing such
debts, or having in his possession or under his control, such
credits or other personal property, or with his agent, a copy
of the order, and notice that the debts owing by him to the
party against whom attachment is issued, and the credits
 and other personal property in his possession, or under his
control, belonging to said party, are attached in pursuance of
such order;
(f) The interest of the party against whom attachment is issued in
property belonging to the estate of the decedent, whether as
heir, legatee, or devisee, by serving the executor or
administrator or other personal representative of the
decedent with a copy of the order and notice that said
interest is attached. A copy of said order of attachment and
of said notice shall also be filed in the office of the clerk of
the court in which said estate is being settled and served
upon the heir, legatee or devisee concerned.
If the property sought to be attached is in custodia legis, copy of the order of
attachment shall be filed with the proper court and notice of the attachment
served upon the custodian of such property.
SECTION 8. Effect of Attachment of Debts and Credits. All persons having in
their possession or under their control any credits or other similar personal
property belonging to the party against whom attachment is issued, or owing any
debts to the same, at the time of service upon them of a copy of the order of
attachment and notice as provided in the last preceding section, shall be liable to
the applicant for the amount of such credits, debts or other property, until the
attachment be discharged, or any judgment recovered by him be satisfied, unless
such property be delivered or transferred, or such debts be paid, to the clerk,
sheriff, or other proper officer of the court issuing the attachment.
SECTION 9. Effect of Attachment of Interest in Property Belonging to the Estate
of a Decedent. The attachment of the interest of an heir, legatee, or devisee in
the property belonging to the estate of a decedent, shall not impair the powers of
the executor, administrator, or other personal representative of the decedent over
such property for the purpose of administration. Such personal representative,
however, shall report the attachment to the court when any petition for
distribution is filed, and in the order made upon such petition, distribution may be
awarded to such heir, legatee, or devisee, but the property attached shall be
ordered delivered to the officer making the levy, subject to the claim of such heir,
legatee, or devisee, or any person claiming under him.
SECTION 10. Examination of Party Whose Property Is Attached and Persons
Indebted to Him or Controlling His Property; Delivery of Property to Officer.
Any person owing debts to the party whose property is attached or having in his
possession or under his control any credit or other personal property belonging to
such party, may be required to attend before the court in which the action is
pending, or before a commissioner appointed by the court, and be examined on
oath respecting the same. The party whose property is attached may also be
required to attend for the purpose of giving information respecting his property,
and may be examined on oath. The court may, after such examination, order
personal property capable of manual delivery belonging to him, in the possession
of the person so required to attend before the court, to be delivered to the clerk of
the court, sheriff, or other proper officer on such terms as may be just, having
reference to any lien thereon or claim against the same, to await the judgment in
the action.
SECTION 11. Sale of Perishable Property. Whenever it shall be made to
appear to the judge of the court in which the action is pending, upon hearing after
notice to both parties, if practicable, that the property attached is perishable, or
that the interests of all the parties to the action will be subserved by the sale
thereof, the judge may, on motion, order such property to be sold at public
auction in such manner as he may direct, and the proceeds to be deposited in
court to abide the judgment in the action.
SECTION 12. Discharge of Attachment Upon Giving Counterbond. At any
time after an order of attachment has been granted, the party whose property
has been attached, or the person appearing on his behalf, may, upon reasonable
notice to the applicant, apply to the judge who granted the order, or to the judge
of the court in which the action is pending, for an order discharging the
attachment wholly or in part on the security given. The judge shall, after hearing,
order the discharge of the attachment if a cash deposit is made, or a counter-
bond executed to the attaching creditor is filed, on behalf of the adverse party,
with the clerk or judge of the court where the application is made, in an amount
equal to the value of the property attached as determined by the judge, to secure
the payment of any judgment that the attaching creditor may recover in the
action. Upon the filing of such counter-bond, copy thereof shall forthwith be
served on the attaching creditor or his lawyer. Upon the discharge of an
attachment in accordance with the provisions of this section the property
attached, or the proceeds of any sale thereof, shall be delivered to the party
making the deposit or giving the counter-bond, or the person appearing on his
behalf, the deposit or counter-bond aforesaid standing in place of the property so
released. Should such counter-bond for any reason be found to be, or become,
insufficient, and the party furnishing the same fail to file an additional counter-
bond, the attaching creditor may apply for a new order of attachment.
SECTION 13. Discharge of Attachment for Improper or Irregular Issuance.
The party whose property has been attached may also, at any time either before
or after the release of the attached property, or before any attachment shall have
been actually levied, upon reasonable notice to the attaching creditor, apply to
the judge who granted the order, or to the judge of the court in which the action is
pending, for an order to discharge the attachment on the ground that the same
was improperly or irregularly issued. If the motion be made on affidavits on the
part of the party whose property has been attached, but not otherwise, the
attaching creditor may oppose the same by counter-affidavits or other evidence
in addition to that on which the attachment was made. After hearing, the judge
shall order the discharge of the attachment if it appears that it was improperly or
irregularly issued and the defect is not cured forthwith.
SECTION 14. Proceedings Where Property Claimed by Third Persons. If
property taken be claimed by any person other than the party against whom
attachment had been issued or his agent, and such person makes an affidavit of
his title thereto or right to the possession thereof, stating the grounds of such
right or title, and serves such affidavit upon the officer while the latter has
possession of the property, and a copy thereof upon the attaching creditor, the
officer shall not be bound to keep the property under the attachment, unless the
attaching creditor or his agent, on demand of said officer, secures him against
such claim by a bond in a sum not greater than the value of the property
attached. In case of disagreement as to such value, the same shall be decided
by the court issuing the writ of attachment. The officer shall not be liable for
damages, for the taking or keeping of such property, to any such third-party
claimant, unless such a claim is so made and the action upon the bond brought
within one hundred and twenty (120) days from the date of the filing of said bond.
But nothing herein contained shall prevent such third person from vindicating his
claim to the property by proper action. However, when the person in whose
behalf the writ of attachment was issued, is the Republic of the Philippines, or
any officer duly representing it, the filing of such bond shall not be required, and
in case the sheriff or attaching officer is sued for damages as a result of the
attachment, he shall be represented by the Solicitor General, and if held liable
therefor, the actual damages adjudged by the court shall be paid by the National
Treasurer out of the funds to be appropriated for the purpose.
SECTION 15. Satisfaction of Judgment Out of Property Attached; Return of
Officer. If judgment be recovered by the attaching creditor and execution issue
thereon, the sheriff or other proper officer may cause the judgment to be satisfied
out of the property attached, if it be sufficient for that purpose, in the following
manner:
(a) By paying to the judgment creditor the proceeds of all sales of
perishable or other property sold in pursuance of the order of
the judge, or so much as shall be necessary to satisfy the
judgment;
(b) If any balance remain due, by selling so much of the property,
real or personal, as may be necessary to satisfy the balance,
if enough for that purpose remain in the officer's hands, or in
those of the clerk of the court;
 (c) By collecting from all persons having in their possession credits
belonging to the judgment debtor, or owing debts to the latter
at the time of the attachment of such credits or debts, the
amount of such credits and debts as determined by the court
in the action, and stated in the judgment, and paying the
proceeds of such collection over to the judgment creditor.
The officer shall forthwith make return in writing to the court of his proceedings
under this section.
SECTION 16. Balance Due Collected Upon an Execution; Excess Delivered to
Judgment Debtor. If after realizing upon all the property attached, including
the proceeds of any debts or credits collected, and applying the proceeds to the
extinguishment of the judgment, less the expenses of proceedings upon the
judgment, any balance shall remain due, the officer must proceed to collect such
balance as upon ordinary execution. Whenever the judgment shall have been
paid, the officer, upon reasonable demand, must return to the judgment debtor
the attached property remaining in his hands, and any proceeds of the sale of the
property attached not applied to the judgment.
SECTION 17. When Execution Returned Unsatisfied, Recovery had Upon
Bond. If the execution be returned unsatisfied in whole or in part, the surety or
sureties on any counter-bond given pursuant to the provisions of this rule to
secure the payment of the judgment shall become charged on such counter-
bond, and bound to pay to the judgment creditor upon demand, the amount due
under the judgment, which amount may be recovered from such surety or
sureties after notice and summary hearing in the same action.
SECTION 18. Disposition of Money Deposited. Where the party against whom
attachment has been issued has deposited money instead of giving counter-
bond, it shall be applied under the direction of the court to the satisfaction of any
judgment rendered in favor of the attaching creditor, and after satisfying the
judgment the balance shall be refunded to the depositor or his assignee. If the
judgment is in favor of the party against whom attachment was issued, the whole
sum deposited must be refunded to him or his assignee.
SECTION 19. Disposition of Attached Property Where Judgment Is for Party
Against Whom Attachment Was Issued. If judgment be rendered against the
attaching creditor, all the proceeds of sales and money collected or received by
the sheriff, clerk, or other proper officer under the order of attachment, and all
property attached remaining in any such officer's hands, shall be delivered to the
party against whom attachment was issued, and the order of attachment
discharged.
SECTION 20. Claim for Damages on Account of Illegal Attachment. If the
judgment on the action be in favor of the party against whom attachment was
issued, he may recover, upon the bond given or deposit made by the attaching
creditor, any damages resulting from the attachment. Such damages may be
awarded only upon application and after proper hearing, and shall be included in
the final judgment. The application must be filed before the trial or before appeal
is perfected or before the judgment becomes executory, with due notice to the
attaching creditor and his surety or sureties, setting forth the facts showing his
right to damages and the amount thereof.
If the judgment of the appellate court be favorable to the party against whom the
attachment was issued, he must claim damages sustained during the pendency
of the appeal by filing an application with notice to the party in whose favor the
attachment was issued or his surety or sureties, before the judgment of the
appellate court becomes executory. The appellate court may allow the
application to be heard and decided by the trial court.
RULE 58
Preliminary Injunction
SECTION 1. Preliminary Injunction Defined; Classes. A preliminary injunction
is an order granted at any stage of an action prior to the final judgment, requiring
a person to refrain from a particular act. It may also require the performance of a
particular act, in which case it shall be known as a preliminary mandatory
injunction.
SECTION 2. Who May Grant Preliminary Injunction. A preliminary injunction
may be granted by the judge of any court in which the action is pending, or by a
Justice of the Court of Appeals or of the Supreme Court. It may also be granted
by the judge of a Court of First Instance in any action pending in an inferior court
within his district.
SECTION 3. Grounds for Issuance of Preliminary Injunction. A preliminary
injunction may be granted at any time after the commencement of the action and
before judgment, when it is established:
(a) That the plaintiff is entitled to the relief demanded, and the
whole or part of such relief consists in restraining the
commission or continuance of the acts complained of, or in
the performance of an act or acts, either for a limited period
or perpetually;
(b) That the commission or continuance of some act complained of
during the litigation or the non-performance thereof would
probably work injustice to the plaintiff; or
(c) That the defendant is doing, threatens, or is about to do, or is
procuring or suffering to be done, some act probably in
 violation of the plaintiff's rights respecting the subject of the
action, and tending to render the judgment ineffectual.
SECTION 4. Verified Complaint and Bond for Preliminary Injunction. A
preliminary injunction may be granted only when:
(a) The complaint in the action is verified, and shows facts entitling
the plaintiff to the relief demanded; and
(b) The plaintiff files with the clerk or judge of the court in which the
action is pending a bond executed to the party enjoined, in
an amount to be fixed by the court, to the effect that the
plaintiff will pay to such party all damages which he may
sustain by reason of the injunction if the court should finally
decide that the plaintiff was not entitled thereto.
SECTION 5. Preliminary Injunction Not Granted Without Notice; Exception. No
preliminary injunction shall be granted without notice to the defendant unless it
shall appear from facts shown by affidavits or by the verified complaint that great
or irreparable injury would result to the applicant before the matter can be heard
on notice. The judge to whom the application for preliminary injunction was
made, must cause an order to be served on the defendant, requiring him to show
cause, at a specified time and place, why the injunction should not be granted.
SECTION 6. Grounds for Objection to, or for Motion of Dissolution of, Injunction.
The injunction may be refused, or, if granted ex parte, may be dissolved, upon
the insufficiency of the complaint as shown by the complaint itself, with or without
notice to the adverse party. It may also be refused or dissolved on other grounds
upon affidavits on the part of the defendant which may be opposed by the plaintiff
also by affidavits. It may further be refused or, if granted, may be dissolved, if it
appears after hearing that although the plaintiff is entitled to the injunction, the
issuance or continuance thereof, as the case may be, would cause great damage
to the defendant while the plaintiff can be fully compensated for such damages
as he may suffer, and the defendant files a bond in an amount fixed by the judge
conditioned that he will pay all damages which the plaintiff may suffer by the
refusal or the dissolution of the injunction. If it appears that the extent of the
preliminary injunction granted is too great, it must be modified.
SECTION 7. Order. After hearing on the merits the court may grant or refuse,
continue, modify or dissolve the injunction as justice may require.
SECTION 8. Service of Copies of Bonds; Effect of Disapproval of Same. The
party filing a bond in accordance with the provisions of this rule shall forthwith
serve a copy of such bond on the other party, who may except to the sufficiency
of the bond, or of the surety or sureties thereon. If the plaintiff's bond is found to
be insufficient in amount, or if the surety or sureties thereon fail to justify, and a
bond sufficient in amount with sufficient sureties approved after justification is not
filed forthwith, the injunction shall be dissolved. If the defendant's bond is found
to be insufficient in amount, or the surety or sureties thereon fail to justify and a
bond sufficient in amount with sufficient sureties approved after justification is not
filed forthwith, the injunction shall be granted or restored, as the case may be.
SECTION 9. Judgment to Include Damages Against Party and Sureties. Upon
the trial the amount of damages to be awarded to the plaintiff, or to the
defendant, as the case may be, upon the bond of the other party, shall be
claimed, ascertained, and awarded under the same procedure as prescribed in
section 20 of Rule 57.
SECTION 10. When Final Injunction Granted. If upon the trial of the action it
appears that the plaintiff is entitled to have the act complained of permanently
enjoined, the court shall grant a final injunction perpetually restraining the
defendant from the commission or continuance of the act or confirming the
preliminary mandatory injunction.
RULE 59
Receivers
SECTION 1. When and by Whom Receiver Appointed. One or more receivers
of the property, real or personal, which is the subject of the action, may be
appointed by the judge of the Court of First Instance in which the action is
pending, or by a Justice of the Court of Appeals or of the Supreme Court, in the
following cases:
(a) When a corporation has been dissolved, or is insolvent or is in
imminent danger of insolvency, or has forfeited its corporate
rights;
(b) When it appears from the complaint or answer, and such other
proof as the judge may require, that the party applying for
the appointment of receiver has an interest in the property or
fund which is the subject of the action, and that such
property or fund is in danger of being lost, removed, or
materially injured unless a receiver be appointed to guard
and preserve it;
(c) When it appears in an action by the mortgagee for the
foreclosure of a mortgage that the property is in danger of
being wasted or materially injured, and that its value is
probably insufficient to discharge the mortgage debt, or that
the parties have so stipulated in the contract of mortgage;
 (d) After judgment, to preserve the property during the pendency of
an appeal, or to dispose of it according to the judgment, or to
aid execution when the execution has been returned
unsatisfied or the judgment debtor refuses to apply his
property in satisfaction of the judgment, or otherwise to carry
the judgment into effect;
(e) Whenever in other cases it appears that the appointment of a
receiver is the most convenient and feasible means of
preserving, administering, or disposing of the property in
litigation.
SECTION 2. Creditor or Stockholder May Apply for Receiver for Corporation.
When a corporation has been dissolved, or is insolvent, or is in imminent danger
of insolvency, or has forfeited its corporate rights, a receiver may be appointed
on the complaint of a creditor, stockholder, or member of the corporation.
SECTION 3. Bond on Appointment of Receiver Ex Parte. If a receiver be
appointed upon an ex parte application, the court, before making the order, may
require the person applying for such appointment to file a bond executed to the
party against whom the application is presented in an amount to be fixed by the
court, to the effect that the applicant will pay such party all damages he may
sustain by reason of the appointment of such receiver in case the applicant shall
have procured such appointment without sufficient cause; and the court may, in
its discretion, at any time after the appointment, require an additional bond as
further security for such damages.
SECTION 4. Denial of Application or Discharge of Receiver on Defendant's
Bond. The application for the appointment of a receiver may be denied, or the
receiver already appointed may be discharged, when the party opposing the
appointment makes it appear by affidavits, that such appointment was secured
without sufficient cause; the adverse party may oppose the affidavits thus
presented by counter-affidavits. The application may also be denied, or the
receiver discharged, when the party opposing the appointment files a bond
executed to the applicant in an amount to be fixed by the court, to the effect that
such party will pay the applicant all damages he may suffer by reason of the acts,
omissions, or other matters specified in the application as ground for such
appointment.
SECTION 5. Oath and Bond of Receiver. Before entering upon his duties, the
receiver must be sworn to perform them faithfully, and must file a bond, executed
to such person and in such sum as the court or judge may direct, to the effect
that he will faithfully discharge the duties of receiver in the action and obey the
orders of the court therein.
SECTION 6. Service of Copies of Bonds; Effect of Disapproval of Same. The
person filing a bond in accordance with the provisions of this rule shall forthwith
serve a copy of such bond on each interested party, who may except to the
sufficiency of the bond, or of the surety or sureties thereon, as in other cases. If
either the applicant's or the receiver's bond is found to be insufficient in amount,
or if the surety or sureties thereon fail to justify, and a bond sufficient in amount
with sufficient sureties approved after justification is not filed forthwith, the
application shall be denied, or the receiver discharged, as the case may be. If the
bond of the party opposing the appointment of the receiver is found to be
insufficient in amount or the surety or sureties thereon fail to justify, and a bond
sufficient in amount with sufficient sureties approved after justification is not filed
forthwith, the receiver shall be appointed or re-appointed, as the case may be.
SECTION 7. General Powers of Receiver. Subject to the control of the court in
which the action is pending, a receiver shall have power to bring and defend, as
such, actions in his own name; to take and keep possession of the property in
controversy; to receive rents; to collect debts due to himself as receiver or to the
fund, property, estate, person, or corporation of which he is receiver; to
compound for and compromise the same; to make transfers; to pay outstanding
debts; to divide the money and other property that shall remain among the
persons legally entitled to receive the same; and generally to do such acts
respecting the property as the court may authorize. But funds in the hands of a
receiver may be invested at interest only by order of the court made upon the
written consent of all the parties to the action.
SECTION 8. Termination of Receivership; Compensation of Receiver.
Whenever the court, of its own motion or on that of either party, shall determine
that the necessity for a receiver no longer exists, it shall, after due notice to all
interested parties and hearing, settle the accounts of the receiver, direct the
delivery of the funds and other property in his hands to the persons adjudged
entitled to receive them, and order the discharge of the receiver from further duty
as such. The court shall allow the receiver such reasonable compensation as the
circumstances of the case warrant, to be taxed as costs against the defeated
party, or apportioned, as justice requires.
SECTION 9. Judgment to Include Recovery Against Sureties. The amount, if
any, to be awarded to either party upon any bond filed by the other in accordance
with the provisions of this rule, shall be claimed, ascertained, and granted under
the same procedure as prescribed in section 20 of Rule 57.
RULE 60
Delivery of Personal Property
SECTION 1. Application. Whenever the complaint in an action prays for the
recovery of possession of personal property, the plaintiff may, at the
commencement of the action or at any time before answer, apply for an order for
the delivery of such property to him, in the manner hereinafter provided.
SECTION 2. Affidavit and Bond. Upon applying for such order the plaintiff
must show by his own affidavit or that of some other person who personally
knows the facts:
(a) That the plaintiff is the owner of the property claimed,
particularly describing it, or is entitled to the possession
thereof;
(b) That the property is wrongfully detained by the defendant,
alleging the cause of detention thereof according to his best
knowledge, information, and belief;
(c) That it has not been taken for a tax assessment or fine pursuant
to law, or seized under an execution, or an attachment
against the property of the plaintiff, or, if so seized, that it is
exempt from such seizure; and
(d) The actual value of the property.
The plaintiff must also give a bond, executed to the defendant in double the value
of the property as stated in the affidavit aforementioned, for the return of the
property to the defendant if the return thereof be adjudged, and for the payment
to the defendant of such sum as he may recover from the plaintiff in the action.
SECTION 3. Order. Upon the filing of such affidavit and bond with the clerk or
judge of the court in which the action is pending, the judge of such court shall
issue an order describing the personal property alleged to be wrongfully
detained, and requiring the sheriff or other proper officer of the court forthwith to
take such property into his custody.
SECTION 4. Duty of the Officer. Upon receiving such order the officer must
serve a copy thereof on the defendant together with a copy of the application,
affidavit and bond, and must forthwith take the property, if it be in the possession
of the defendant or his agent, and retain it in his custody. If the property or any
part thereof be concealed in a building or inclosure, the officer must publicly
demand its delivery, and if it be not delivered, he must cause the building or
inclosure to be broken open and take the property into his possession. When the
officer has taken property as herein provided, he must keep it in a secure place
and shall be responsible for it and ultimately deliver it to the party entitled thereto
upon receiving his fees and necessary expenses for taking and keeping the
same.
SECTION 5. Return of Property. If the defendant objects to the sufficiency of
the plaintiff's bond, or of the surety or sureties thereon, he cannot require the
return of the property as in this section provided; but if he does not so object, he
may, at any time before the delivery of the property to the plaintiff, require the
return thereof, by filing with the clerk or judge of the court a bond executed to the
plaintiff, in double the value of the property as stated in the plaintiff's affidavit, for
the delivery of the property to the plaintiff, if such delivery be adjudged, and for
the payment of such sum to him as may be recovered against the defendant, and
by serving a copy of such bond on the plaintiff or his attorney.
SECTION 6. Disposition of Property by Officer. If within five (5) days after the
taking of the property by the officer, the defendant does not object to the
sufficiency of the bond, or of the surety or sureties thereon, or require the return
of the property as provided in the last preceding section; or if the defendant so
objects, and the plaintiff's first or new bond is approved; or if the defendant so
requires, and his bond is objected to and found insufficient and he does not
forthwith file an approved bond, the property shall be delivered to the plaintiff. If
for any reason the property is not delivered to the plaintiff, the officer must return
it to the defendant.
SECTION 7. Third-Party Claim. If the property taken be claimed by any other
person than the defendant or his agent, and such person makes an affidavit of
his title thereto or right to the possession thereof, stating the grounds of such
right or title, and serves the same upon the officer while he has possession of the
property, and a copy thereof upon the plaintiff, the officer is not bound to keep
the property or deliver it to the plaintiff, unless the plaintiff or his agent, on
demand of the officer, indemnifies him against such claim by a bond in a sum not
greater than the value of the property, and in case of disagreement as to such
value the same shall be decided by the court issuing the order. The officer is not
liable for damages, for the taking or keeping of such property, to any other
person than the defendant or his agent, unless such a claim is so made and the
action upon the bond brought within one hundred and twenty (120) days from the
date of the filing of said bond. But nothing herein contained shall prevent such
third person from vindicating his claim to the property by any proper action.
However, when the plaintiff, or the person in whose behalf the order of delivery
was issued, is the Republic of the Philippines, or any officer duly representing it,
the filing of bond shall not be required, and in case the sheriff or the officer
executing the order is sued for damages as a result of such execution, he shall
be represented by the Solicitor General, and if held liable therefor, the actual
damages adjudged by the court shall be paid by the National Treasurer out of the
funds to be appropriated for the purpose.
SECTION 8. Return of Papers. The officer must file the order, with his
proceedings indorsed thereon, with the clerk of the court within twenty (20) days
after taking the property mentioned therein.
SECTION 9. Judgment. After a trial of the issues the court shall find in whom
is the right of possession and the value of the property and shall render judgment
in the alternative for the delivery thereof to the party entitled to the same, or for
the value in case delivery cannot be made, and also for such damages as either
party may prove, and for costs.
SECTION 10. Judgment to Include Recovery Against Sureties. The amount, if
any, to be awarded to either party upon any bond filed by the other in accordance
with the provisions of this rule, shall be claimed, ascertained, and granted under
the same procedure as prescribed in section 20 of Rule 57.
RULE 61
Support Pendente Lite
SECTION 1. Application. The plaintiff, at the commencement of the proper
action, or at any time afterwards but prior to final judgment, may file an
application for support pendente lite, stating the grounds for the claim and the
financial conditions of both parties, and shall be accompanied by affidavits,
depositions or other authentic documents in support thereof.
SECTION 2. Notice. Notice of the application shall be served upon the
adverse party who shall have three (3) days to answer, unless a different period
of time is fixed by the court.
SECTION 3. Answer. The answer shall be in writing and accompanied by
affidavits, depositions or other authentic documents supporting the same.
SECTION 4. Hearing. After the answer is filed, or after the expiration of the
time for its filing, a day will be set for hearing. The facts in issue shall be proved
in the same manner as is provided in connection with motions.
SECTION 5. Order. The court shall determine provisionally the pertinent facts,
and shall render such order as equity and justice may require, having due regard
to the necessities of the applicant, the means of the adverse party, the probable
outcome of the case, and such other circumstances as may aid in the proper
elucidation of the question involved. If the application is granted, the court shall
fix the amount of money to be provisionally paid, and the terms of payment. If the
application is denied, the trial of the principal case on its merits shall be held as
early as possible.
SECTION 6. Enforcement of Order. If defendant fails to comply with an order
granting support pendente lite, he must be ordered to show cause why he should
not be punished for contempt. Should the defendant appear to have means to
pay support and refuses to pay, either an order of execution may be issued or a
penalty for contempt may be imposed, or both.
SPECIAL CIVIL ACTIONS
 RULE 62
General Rule
SECTION 1. Preceding Rules Applicable in Special Civil Actions. The
provisions of the preceding rules shall apply in special actions for interpleader,
declaratory relief and similar remedies, certiorari, prohibition, mandamus, quo
warranto, eminent domain, foreclosure of mortgage, partition, forcible entry and
detainer, and contempt, which are not inconsistent with or may serve to
supplement the provisions of the rules relating to such special civil actions.
RULE 63
Interpleader
SECTION 1. Interpleader When Proper. Whenever conflicting claims upon the
same subject matter are or may be made against a person, who claims no
interest whatever in the subject matter, or an interest which in whole or in part is
not disputed by the claimants, he may bring an action against the conflicting
claimants to compel them to interplead and litigate their several claims among
themselves.
SECTION 2. Order. Upon the filing of the complaint, the court shall issue an
order requiring the conflicting claimants to interplead with one another. If the
interests of justice so require, the court may command in such order that the
subject matter be paid or transferred into court.
SECTION 3. Summons. Summons shall be served upon the conflicting
claimants, together with a copy of the complaint and order.
SECTION 4. Other Pleadings. Each claimant shall file his answer setting forth
his respective claim within fifteen (15) days from service of the summons upon
him, serving copy thereof upon each of the other conflicting claimants who may
file their reply thereto as provided by these rules. If any claimant fails to plead
within the time herein fixed, the court may enter judgment barring him from any
claim in respect to the subject matter.
SECTION 5. Determination. After the pleadings of the conflicting claimants
have been filed the court shall proceed to determine their respective rights and
adjudicate their several claims.
SECTION 6. Costs as Lien. The costs shall be a first lien or charge upon the
subject matter of the proceedings unless the court shall otherwise order.
RULE 64
Declaratory Relief and Similar Remedies
SECTION 1. Who May File Petition. Any person interested under a deed, will,
contract or other written instrument, or whose rights are affected by a statute,
executive order or regulation, or ordinance, may, before breach or violation
thereof, bring an action to determine any question of construction or validity
arising under the instrument or statute and for a declaration of his rights or duties
thereunder.
An action for the reformation of an instrument, to quiet title to real property or
remove clouds therefrom, or to consolidate ownership under Article 1607 of the
Civil Code, may be brought under this rule.
SECTION 2. Parties. All persons shall be made parties who have or claim any
interest which would be affected by the declaration; and no declaration shall,
except as otherwise provided in these rules, prejudice the rights of persons not
parties to the action.
SECTION 3. Notice on Solicitor General. In any action which involves the
validity of a statute, or executive order or regulation, the Solicitor General shall
be notified by the party attacking the statute, executive order or regulation, and
shall be entitled to be heard upon such question.
SECTION 4. Municipal or City Ordinance. In any action involving the validity of
a municipal or city ordinance the provincial or city fiscal or attorney shall be
similarly notified and entitled to be heard; and if the ordinance is alleged to be
unconstitutional the Solicitor General shall also be notified and entitled to be
heard.
SECTION 5. Discretionary. Except in actions falling under paragraph 2 of
section 1 of this rule, the court may refuse to exercise the power to declare rights
and to construe instruments in any case where a decision would not terminate
the uncertainty or controversy which gave rise to the action, or in any case where
the declaration, or construction is not necessary and proper at the time under all
the circumstances.
SECTION 6. Conversion Into Ordinary Action. If before the final termination of
the case, a breach or violation of an instrument, or a statute, executive order or
regulation, or ordinance, should take place, the action may thereupon be
converted into an ordinary action, and parties allowed to file such pleadings as
may be necessary or proper.
RULE 65
Certiorari, Prohibition and Mandamus *

SECTION 1. Petition for Certiorari. When any tribunal, board, or officer

exercising judicial functions, has acted without or in excess of its or his
jurisdiction, or with grave abuse of discretion and there is no appeal, nor any
plain, speedy, and adequate remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the proper court alleging the facts
with certainty and praying that judgment be rendered annulling or modifying the
proceedings, as the law requires, of such tribunal, board or officer.
The petition shall be accompanied by a certified true copy of the judgment or
order subject thereof, together with copies of all pleadings and documents
relevant and pertinent thereto.
SECTION 2. Petition for Prohibition. When the proceedings of any tribunal,
corporation, board, or person, whether exercising functions judicial or ministerial,
are without or in excess of its or his jurisdiction, or with grave abuse of discretion,
and there is no appeal or any other plain, speedy, and adequate remedy in the
ordinary course of law, a person aggrieved thereby may file a verified petition in
the proper court alleging the facts with certainty and praying that judgment be
rendered commanding the defendant to desist from further proceedings in the
action or matter specified therein.
The petition shall be accompanied by a certified true copy of the judgment or
order subject thereof, together with copies of all pleadings and documents
relevant and pertinent thereto.
SECTION 3. Petition for Mandamus. When any tribunal, corporation, board, or
person unlawfully neglects the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes
another from the use and enjoyment of a right or office to which such other is
entitled, and there is no other plain, speedy and adequate remedy in the ordinary
course of law, the person aggrieved thereby may file a verified petition in the
proper court alleging the facts with certainty and praying that judgment be
rendered commanding the defendant, immediately or at some other specified
time, to do the act required to be done to protect the rights of the petitioner, and
to pay the damages sustained by the petitioner by reason of the wrongful acts of
the defendant.
SECTION 4. Where Petition Filed. The petition may be filed in the Supreme
Court, or, if it relates to the acts or omissions of an inferior court, in a Court of
First Instance having jurisdiction thereof. It may also be filed in the Court of
Appeals if it is in aid of its appellate jurisdiction.
Petitions for certiorari under Rules 43, 44 and 45 shall be filed with the Supreme
Court.
SECTION 5. Defendants and Costs in Certain Cases. When the petition filed
relates to the acts or omissions of a court or judge, the petitioner shall join, as
parties defendant with such court or judge, the person or persons interested in
sustaining the proceedings in the court; and it shall be the duty of such person or
persons to appear and defend, both in his or their own behalf and in behalf of the
court or judge affected by the proceedings, and costs awarded in such
proceedings in favor of the petitioner shall be against the person or persons in
interest only, and not against the court or judge.
SECTION 6. Order to Answer. If the petition is sufficient in form and
substance to justify such process, the court in which it is filed, or a judge thereof,
shall issue an order requiring the defendant or defendants to answer the petition
within ten (10) days from the receipt of a copy thereof. Such order shall be
served on the defendants in such manner as the court may direct, together with a
copy of the petition, and to that effect the petitioner shall file sufficient copies
thereof.
SECTION 7. Expediting Proceedings. Preliminary Injunction. The court in
which the petition is filed, or a judge thereof, may make orders expediting the
proceedings, and may also grant a preliminary injunction for the preservation of
the rights of the parties pending such proceedings.
SECTION 8. Proceedings After Answer Is Filed. Once the answer is filed, or
the time for its filing has expired, the court may order the proceedings
complained of to be forthwith certified up for review and shall hear the case, and
if after such hearing the court finds that the allegations of the petition are true, it
shall render judgment for such of the relief prayed for as the petitioner is entitled
to, with or without costs, as justice requires.
SECTION 9. Service and Enforcement of Order or Judgment. A certified copy
of the judgment rendered in accordance with the last preceding section shall be
served upon the tribunal, corporation, board, officer, or person concerned in such
manner as the court may direct, and disobedience thereof punished as for
contempt. An execution may issue as in other cases for any damages or costs
awarded.
RULE 66
Quo Warranto
SECTION 1. Action by Government Against Individuals. An action for the
usurpation of office or franchise may be brought in the name of the Republic of
the Philippines against:
(a) A person who usurps, intrudes into, or unlawfully holds or
exercises a public office, or a franchise, or an office in a
corporation created by authority of law;
(b) A public officer who does or suffers an act which, by the
provisions of law, works a forfeiture of his office;
(c) An association of persons who act as a corporation within the
Philippines without being legally incorporated or without
lawful authority so to act.
SECTION 2. Like Actions Against Corporations. A like action may be brought
against a corporation:
(a) When it has offended against a provision of an Act for its
creation or renewal;
(b) When it has forfeited its privileges and franchises by non-user;
(c) When it has committed or omitted an act which amounts to a
surrender of its corporate rights, privileges, or franchises;
(d) When it has misused a right, privilege, or franchise conferred
upon it by law, or when it has exercised a right, privilege, or
franchise in contravention of law.
SECTION 3. When Solicitor General or Fiscal Must Commence Action. The
Solicitor General or a fiscal, when directed by the President of the Philippines, or
when upon complaint or otherwise he has good reason to believe that any case
specified in the last two preceding sections can be established by proof, must
commence such action.
SECTION 4. When Solicitor General or Fiscal May Commence Action With
Permission of Court. The Solicitor General or fiscal may, with the permission
of the court in which the action is to be commenced, bring such an action at the
request and upon the relation of another person; but in such case the officer
bringing it may first require an indemnity for the expenses and costs of the action
to be given to him by the person at whose request and upon whose relation the
same is brought.
SECTION 5. When Hearing Had on Application for Permission to Commence
Action. Upon application for permission to commence such action in
accordance with the last preceding section, the court may direct that notice be
given to the defendant so that he may be heard in opposition thereto; and if
permission is granted, entry thereof shall be made on the docket, or the fact shall
be noted by the judge on the complaint, which shall then be filed.
SECTION 6. When an Individual May Commence such an Action. A person
claiming to be entitled to a public office or position usurped or unlawfully held or
exercised by another may bring an action therefor in his own name.
SECTION 7. What Complaint for Usurpation to Set Forth, and Who May Be
Made Parties. When the action is against a person for usurping an office,
position or franchise, the complaint shall set forth the name of the person who
claims to be entitled thereto, if any, with an averment of his right to the same and
that the defendant is unlawfully in possession thereof. All persons who claim to
be entitled to the office, position or franchise may be made parties, and their
respective rights to such office, position or franchise determined, in the same
action.
SECTION 8. Venue. An action under the last preceding seven sections can be
brought only in the Supreme Court or in the Court of First Instance of the
province in which the defendant, or one of the defendants, resides, or, when the
defendant is a corporation, in the province in which it is domiciled or has a place
of business; but when the Solicitor General of the Philippines commences the
action, it may be brought in a Court of First Instance in the City of Manila or in the
Supreme Court.
SECTION 9. Time for Pleadings and Proceedings May Be Shortened. Action
Given Precedence. The court may shorten the time provided by these rules for
filing pleadings and for all other proceedings in the action, so as to secure the
most expeditious determination of the matters involved therein consistent with
the rights of the parties. Such action may be given precedence over any other
civil business pending in the court.
SECTION 10. Judgment Where Usurpation Found. When the defendant is
found guilty of usurping, intruding into, or unlawfully holding or exercising an
office, position, right, privilege, or franchise, judgment shall be rendered that such
defendant be ousted and altogether excluded therefrom, and that the plaintiff or
relator, as the case may be, recover his costs. Such further judgment may be
rendered determining the respective rights in and to the office, position, right,
privilege, or franchise of all the parties to the action as justice requires.
SECTION 11. Judgment Where Director of Corporation Was Illegally
Elected. Order and Notice of New Election. Enforcement of Order. When the
action is brought against a director of a corporation, and the court finds that at his
election either illegal votes were received or legal votes were rejected, or both,
sufficient to change the result, judgment may be rendered that the defendant be
ousted, and of induction in favor of the person who was entitled to have been
declared elected at such election; or, in such case, the court may, in its
discretion, order a new election to be held at a time and place and by judges of
election appointed by the court. Notice of such election and naming of the judges
shall be given for the time and in the manner provided by law for notice of
elections of directors of such corporations. The order shall become obligatory
upon the corporation and its officers when a duly certified copy thereof is served
upon its secretary personally, or is left at its principal place of business in the
Philippines, and may be enforced by the court in any manner it deems
necessary.
SECTION 12. Judgment Against Corporation for Dissolution or Ouster. When
it is found that a corporation has, by an act done or omitted, surrendered, or
forfeited its corporate rights, privileges, and franchises, or has not used the same
during the term of five (5) years, judgment shall be entered that it be ousted and
excluded therefrom and that it be dissolved. When it is found that the corporation
has offended in a matter or manner which does not by law work as a surrender or
forfeiture, judgment shall be rendered that it be ousted from the continuance of
such offense and the exercise of any power usurped by it.
SECTION 13. Appointment of Receiver When Corporation Dissolved. The
court rendering a judgment dissolving a corporation shall appoint a receiver of all
its assets who shall proceed to administer the same in accordance with the
provisions of Rule 59.
SECTION 14. Liability of Officer Neglecting to Deliver Property of Corporation to
Receiver. An officer of such corporation who refuses or neglects, upon
demand, to deliver over to the receiver all money, property, books, deeds, notes,
bills, obligations, and papers of every description within his power or control,
belonging to the corporation, or in anywise necessary for the settlement of its
affairs, or the discharge of its debts and liabilities, may be punished for contempt
as having disobeyed a lawful order of the court, and shall be liable to the receiver
for the value of all money or other things so refused or neglected to be
surrendered, together with all damages that may have been sustained by the
stockholders and creditors of the corporation, or any of them, in consequence of
such neglect or refusal.
SECTION 15. Rights of Persons Adjudged Entitled to Office. Delivery of Books
and Papers. Damages. If judgment be rendered in favor of the person averred
in the complaint to be entitled to the office he may, after taking the oath of office
and executing any official bond required by law, take upon himself the execution
of the office, and may immediately thereafter demand of the defendant all the
books and papers in the defendant's custody or control appertaining to the office
to which the judgment relates. If the defendant refuses or neglects to deliver any
book or paper pursuant to such demand, he may be punished for contempt as
having disobeyed a lawful order of the court. The person adjudged entitled to the
office may also bring action against such defendant to recover the damages
sustained by such person by reason of the usurpation.
SECTION 16. Limitations. Nothing contained in this rule shall be construed to
authorize an action against a corporation for forfeiture of charter unless the same
be commenced within five (5) years after the act complained of was done or
committed; nor to authorize an action against a public officer or employee for his
ouster from office unless the same be commenced within one (1) year after the
cause of such ouster, or the right of the plaintiff to hold such office or position,
arose; nor to authorize an action for damages in accordance with the provisions
of the last preceding section unless the same be commenced within one (1) year
after the entry of the judgment establishing the plaintiff's right to the office in
question.
SECTION 17. Judgment for Costs. In an action brought in accordance with the
provisions of this rule, the court may render judgment for costs against either the
plaintiff, the relator, the defendant, the directors, or other officers of a defendant
corporation, or the person or persons claiming to be a corporation, or may
apportion the costs, as justice requires.
RULE 67
Eminent Domain
SECTION 1. The Complaint. The right of eminent domain shall be exercised
by the filing of a complaint which shall state with certainty the right and purpose
of condemnation, describe the real or personal property sought to be
condemned, and join as defendants all persons owning or claiming to own, or
occupying, any part thereof or interest therein, showing, so far as practicable, the
interest of each defendant separately. If the title to any property sought to be
condemned appears to be in the Republic of the Philippines, although occupied
by private individuals, or if the title is otherwise obscure or doubtful so that the
plaintiff cannot with accuracy or certainty specify who are the real owners,
averment to that effect may be made in the complaint.
SECTION 2. Entry of Plaintiff Upon Depositing Value With National or Provincial
Treasurer. Upon the filing of the complaint or at any time thereafter the plaintiff
shall have the right to take or enter upon the possession of the real or personal
property involved if he deposits with the National or Provincial Treasurer its
value, as provisionally and promptly ascertained and fixed by the court having
jurisdiction of the proceedings, to be held by such treasurer subject to the orders
and final disposition of the court. Such deposit shall be in money, unless in lieu
thereof the court authorizes the deposit of a certificate of deposit of a depository
of the Republic of the Philippines payable on demand to the National or
Provincial Treasurer, as the case may be, in the amount directed by the court to
be deposited. After such deposit is made the court shall order the sheriff or other
proper officer to forthwith place the plaintiff in possession of the property
involved.
SECTION 3. Defenses and Objections. Within the time specified in the
summons, each defendant, in lieu of an answer, shall present in a single motion
to dismiss or for other appropriate relief, all of his objections and defenses to the
right of the plaintiff to take his property for the use or purpose specified in the
complaint. All such objections and defenses not so presented are waived. A copy
of the motion shall be served on the plaintiff's attorney of record and filed with the
court with the proof of service.
SECTION 4. Order of Condemnation. When such a motion is overruled or
when any party fails to defend as required by this rule, the court may enter an
order of condemnation declaring that the plaintiff has a lawful right to take the
property sought to be condemned, for the public use or purpose described in the
complaint, upon the payment of just compensation to be determined as of the
date of the filing of the complaint. After the entry of such an order no objection to
the exercise of the right of condemnation shall be filed or heard and the plaintiff
shall not be permitted to dismiss or discontinue the proceeding except on such
terms as the court fixes.
SECTION 5. Ascertainment of Compensation. Upon the entry of the order of
condemnation, the court shall appoint not more than three (3) competent and
disinterested persons as commissioners to ascertain and report to the court the
just compensation for the property sought to be taken. The order of appointment
shall designate the time and place of the first session of the hearing to be held by
the commissioners and specify the time within which their report is to be filed with
the court.
SECTION 6. Proceedings by Commissioners. Before entering upon the
performance of their duties, the commissioners shall take and subscribe an oath
that they will faithfully perform their duties as commissioners, which oath shall be
filed in court with the other proceedings in the case. Evidence may be introduced
by either party before the commissioners who are authorized to administer oaths
on hearings before them, and the commissioners shall, unless the parties
consent to the contrary, after due notice to the parties to attend, view and
examine the property sought to be condemned and its surroundings, and may
measure the same, after which either party may, by himself or counsel, argue the
cause. The commissioners shall assess the consequential damages to the
property not taken and deduct from such consequential damages the
consequential benefits to be derived by the owner from the public use or purpose
of the property taken, the operation of its franchise by the corporation, or the
carrying on of the business of the corporation or person taking the property. But
in no case shall the consequential benefits assessed exceed the consequential
damages assessed, or the owner be deprived of the actual value of his property
so taken.
SECTION 7. Report by Commissioners and Judgment Thereupon. The court
may order the commissioners to report when any particular portion of the real
estate shall have been passed upon by them, and may render judgment upon
such partial report, and direct the commissioners to proceed with their work as to
subsequent portions of the property sought to be condemned, and may from time
to time so deal with such property. The commissioners shall make a full and
accurate report to the court of all their proceedings, and such proceedings shall
not be effectual to bind the property or the parties until the court shall have
accepted their report and rendered judgment in accordance with their
recommendations. Except as otherwise expressly ordered by the court, such
report shall be filed within sixty (60) days from the date the commissioners were
notified of their appointment, which time may be extended in the discretion of the
court. Upon the filing of such report, the clerk of the court shall serve copies
thereof on all interested parties, with notice that they are allowed ten (10) days
within which to file objections to the findings of the report, if they so desire.
SECTION 8. Action Upon Commissioners' Report. Upon the expiration of the
period of ten (10) days referred to in the preceding section, or even before the
expiration of such period but after all the interested parties have filed their
objections to the report or their statement of agreement therewith, the court may,
after hearing, accept the report and render judgment in accordance therewith; or,
for cause shown, it may recommit the same to the commissioners for further
report of facts; or it may set aside the report and appoint new commissioners, or
it may accept the report in part and reject it in part; and it may make such order
or render such judgment as shall secure to the plaintiff the property essential to
the exercise of his right of condemnation, and to the defendant just
compensation for the property so taken.
SECTION 9. Uncertain Ownership. Conflicting Claims. If the ownership of the
property taken is uncertain, or there are conflicting claims to any part thereof, the
court may order any sum or sums awarded as compensation for the property to
be paid to the clerk of the court for the benefit of the persons adjudged in the
same proceeding to be entitled thereto. But the judgment shall require the
payment of the sum or sums awarded to either the defendant or the clerk before
the plaintiff can enter upon the property, or retain it for the public use or purpose
if entry has already been made.
SECTION 10. Rights of Plaintiff After Judgment and Payment. Upon payment
by the plaintiff to the defendant of compensation as fixed by the judgment, or
after tender to him of the amount so fixed and payment of the costs, the plaintiff
shall have the right to enter upon the property condemned and to appropriate it to
the public use or purpose defined in the judgment, or to retain it should he have
taken immediate possession thereof under the provisions of section 2 hereof. If
the defendant and his attorney absent themselves from the court, or decline to
receive the amount tendered, or if the court shall have ordered the compensation
paid to the clerk, the payment may be made with like effect to the clerk of the
court for the defendant or the person ultimately adjudged entitled thereto, and the
clerk shall receive such payment and be responsible on his bond therefor.
SECTION 11. Entry Not Delayed by Appeal. Effect of Reversal. The right of
the plaintiff to enter upon the property of the defendant and appropriate the same
to public use or purpose shall not be delayed by an appeal from the judgment.
But if the appellate court determines that plaintiff has no right of condemnation,
the case shall be remanded to the Court of First Instance with mandate that the
defendant be replaced in possession of the property and that he recover the
damages sustained by reason of the possession taken by the plaintiff.
SECTION 12. Costs, by Whom Paid. The fees of the commissioners shall be
taxed as a part of the costs of the proceedings. All costs, except those of rival
claimants litigating their claims, shall be paid by the plaintiff, unless an appeal is
taken by the owner and the judgment is affirmed, in which event the costs of the
appeal shall be paid by the owner.
SECTION 13. Recording Judgment, and its Effect. The judgment entered in
condemnation proceedings shall state definitely, by an adequate description, the
particular property or interest therein condemned, and the nature of the public
use or purpose for which it is condemned. When real estate is condemned, a
certified copy of such judgment shall be recorded in the office of the registrar of
deeds for the province in which the property is situated, and its effect shall be to
vest title in the real estate so described in the plaintiff for such public use or
purpose.
SECTION 14. Power of Guardian in Such Proceedings. The guardian or
guardian ad litem of a minor or person of unsound mind, or of a person declared
judicially to be incompetent may, with the approval of the court first had, do and
perform on behalf of his ward any act, matter, or thing respecting the
condemnation for public use or purpose of property belonging to such minor or
person of unsound mind, or person declared judicially to be incompetent, which
such minor or person of unsound mind, or person declared judicially to be
incompetent could do in such proceedings if he were of age or of sound mind or
competent.
RULE 68
Foreclosure of Mortgage
SECTION 1. Complaint in Action for Foreclosure. In an action for the
foreclosure of a mortgage or other encumbrance upon real estate, the complaint
shall set forth the date and due execution of the mortgage, its assignments, if
any, the names and residences of the mortgagor and mortgagee, a description of
the mortgaged premises, a statement of the date of the note or other obligation
secured by the mortgaged, the amount claimed to be unpaid thereon, and the
names and residences of all persons having or claiming an interest in the
premises subordinate in right to that of the holder of the mortgage, all of whom
shall be made defendants in the action.
SECTION 2. Judgment on Foreclosure for Payment or Sale. If upon the trial in
such action the court shall find the facts set forth in the complaint to be true, it
shall ascertain the amount due to the plaintiff upon the mortgage debt or
obligation, including interest and costs, and shall render judgment for the sum so
found due and order that the same be paid into court within a period of not less
than ninety (90) days from the date of the service of such order, and that in
default of such payment the property be sold to realize the mortgage debt and
costs.
SECTION 3. Sale of Mortgaged Property; Effect. When the defendant, after
being directed to do so as provided in the last preceding section, fails to pay the
principal, interest, and costs at the time directed in the order, the court shall order
the property to be sold in the manner and under the regulations that govern sales
of real estate under execution. Such sale shall not affect the rights of persons
holding prior encumbrances upon the property or a part thereof, and when
confirmed by an order of the court, it shall operate to divest the rights of all the
parties to the action and to vest their rights in the purchaser, subject to such
rights of redemption as may be allowed by law.
SECTION 4. Disposition of Proceeds of Sale. The money realized from the
sale of mortgaged property under the regulations hereinbefore prescribed shall,
after deducting the costs of the sale, be paid to the person foreclosing the
mortgage, and when there shall be any balance or residue, after paying off such
mortgage or other encumbrance, the same shall be paid to junior encumbrancers
in the order of their priority, to be ascertained by the court, or if there be no such
encumbrancers or there be a balance or residue after payment of such
encumbrancers, then to the mortgagor or his agent, or to the person entitled to it.
SECTION 5. How Sale to Proceed in Case the Debt is Not All Due. If the debt
for which the mortgage or encumbrance was held is not all due, so soon as
sufficient of the property has been sold to pay the amount due, with costs, the
sale must cease; and afterwards, as often as more becomes due for principal or
interest, the court may, on motion, order more to be sold. But if the property
cannot be sold in portions without injury to the parties, the whole shall be ordered
to be sold in the first instance, and the entire debt and costs paid, there being a
rebate of interest where such rebate is proper.
SECTION 6. Judgment for Balance After Sale of Property. Upon the sale of
any real property, under an order for a sale to satisfy a mortgage or other
incumbrance thereon, if there be a balance due to the plaintiff after applying the
proceeds of the sale, the court, upon motion, shall render judgment against the
defendant for any such balance for which, by the record of the case, he may be
personally liable to the plaintiff, upon which execution may issue immediately if
the balance is all due at the time of the rendition of the judgment; otherwise the
plaintiff shall be entitled to execution at such time as the balance remaining
would have become due by the terms of the original contract, which time shall be
stated in the judgment.
SECTION 7. Final Record. The final record in the action shall set forth, in
brief, the petition and other pleadings, judgment and orders, the proceedings
under the order of sale, the order confirming the sale, the name of the purchaser,
with a description of the property by him purchased, and the certificate of
redemption, if any, or the final deed of conveyance executed in favor of the
purchaser.
SECTION 8. Judicial Foreclosure of Chattel Mortgage. The provisions of this
rule shall be applicable to the judicial foreclosure of chattel mortgages, except
that the sale of the property mortgaged shall be held as provided by the Chattel
Mortgage Law and without prejudice to the provisions of Articles 1484, 1485 and
1486 of the Civil Code.
RULE 69
Partition
SECTION 1. Complaint in Action For Partition of Real Estate. A person having
the right to compel the partition of real estate may do so as in this rule
prescribed, setting forth in his complaint the nature and extent of his title and an
adequate description of the real estate of which partition is demanded and joining
as defendants all the other persons interested in the property.
SECTION 2. Order for Partition, and Partition by Agreement Thereunder. If
upon trial the court find that the plaintiff has the right thereto, it shall order the
partition of the real estate among all the parties in interest. Thereupon the parties
may, if they are able to agree, make partition among themselves by proper
instruments of conveyance, and the court shall confirm the partition so agreed
upon by all the parties, and such partition, together with the order of the court
confirming the same, shall be recorded in the office of the registrar of deeds for
the province in which the property is situated.
SECTION 3. Commissioners to Make Partition When Parties Fail to Agree. If
the parties are unable to agree upon the partition, the court shall by order appoint
not more than three (3) competent and disinterested persons as commissioners
to make the partition, commanding them to set off to the plaintiff and to each
party in interest such part and proportion of the property as the court in such
order shall direct.
SECTION 4. Oath and Duties of Commissioners. Before making such
partition, the commissioners shall take and subscribe an oath that they will
faithfully perform their duties as commissioners, which oath shall be filed in court
with the other proceedings in the case. In making the partition, the
commissioners shall view and examine the real estate, after due notice to the
parties to attend at such view and examination, and shall hear the parties as to
their preference in the portion of the property to be set apart to them and the
comparative value thereof, and shall set apart the same to the several parties in
such lots or parcels as will be most advantageous and equitable, having due
regard to the improvements, situation and quality of the different parts thereof.
SECTION 5. Assignment or Sale of Real Estate by Commissioners. When it is
made to appear to the commissioners that the real estate, or a portion thereof,
cannot be divided without great prejudice to the interests of the parties, the court
may order it assigned to one of the parties willing to take the same, provided he
pays to the other parties such sum or sums of money as the commissioners
deem equitable, unless one of the parties interested asks that the property be
sold instead of being so assigned, in which case the court shall order the
commissioners to sell the real estate at public sale, and the commissioners shall
sell the same accordingly.
SECTION 6. Report of Commissioners. Proceedings not binding until confirmed.
The commissioners shall make full and accurate report to the court of all their
proceedings as to the partition, or the assignment of real estate to one of the
parties, or the sale of the same. Upon the filing of such report, the clerk of court
shall serve copies thereof on all the interested parties with notice that they are
allowed ten (10) days within which to file objections to the findings of the report, if
they so desire. None of the proceedings had before the commissioners shall be
effectual to pass the title to the property or bind the parties until the court shall
have accepted the report of the commissioners and rendered judgment in
accordance with its recommendations.
SECTION 7. Action of the Court Upon Commissioners' Report. Upon the
expiration of the period of ten (10) days referred to in the preceding section, or
even before the expiration of such period but after the interested parties have
filed their objections to the report or their statement of agreement therewith, the
court may, upon hearing, accept the report and render judgment in accordance
therewith; or, for cause shown, recommit the same to the commissioners for
further report of facts; or set aside the report and appoint new commissioners; or
accept the report in part and reject it in part; and may make such order and
render such judgment as shall effectuate a fair and just partition of the real
estate, or of its value, if assigned or sold as above provided, between the several
owners thereof.
SECTION 8. Accounting for Rent and Profits in Action for Partition. In an
action for partition in accordance with the provisions of this rule, one party may
recover from another his just share of rents and profits received by such other
party from the real estate in question, and the judgment shall include an
allowance for such rents and profits.
SECTION 9. Power of Guardian in such Proceedings. The guardian or
guardian ad litem of a minor or person of unsound mind or person declared
judicially to be incompetent may, with the approval of the court first had, do and
perform on behalf of his ward any act, matter, or thing respecting the partition of
real estate, which the minor or person of unsound mind or person declared
judicially to be incompetent could do in partition proceedings if he were of age or
of sound mind or competent.
SECTION 10. Costs and Expenses to Be Taxed and Collected. The court
shall equitably tax and apportion between the parties the costs and expenses
which accrue in the action, including the compensation of the commissioners to
make partition, having regard to the interests of the parties and execution may
issue therefor as in other cases.
SECTION 11. The Judgment and its Effect. Copy to Be Recorded with Registrar
of Deeds. If actual partition of property is made, the judgment shall state
definitely, by metes and bounds and adequate description, the particular portion
of the real estate assigned to each party, and the effect of the judgment shall be
to vest in each party to the action in severalty the portion of the real estate
assigned to him. If the whole property is assigned to one of the parties upon his
paying to the others the sum or sums ordered by the court, the judgment shall
state the fact of such payment and of the assignment of the real estate to the
party making the payment, and the effect of the judgment shall be to vest in the
party making the payment the whole of the real estate free from any interest on
the part of the other parties to the action. If the property is sold and the sale
confirmed by the court the judgment shall state the name of the purchaser or
purchasers and a definite description of the parcels of real estate sold to each
purchaser, and the effect of the judgment shall be to vest the real estate in the
purchaser or purchasers making the payment or payments, free from the claims
of any of the parties to the action. A certified copy of the judgment shall in either
case be recorded in the office of the registrar of deeds of the province in which
the real estate is situated, and the expense of such recording shall be taxed as a
part of the costs of the action.
SECTION 12. Neither Paramount Rights Nor Amicable Partition Affected by this
Rule. Nothing in this rule contained shall be construed so as to prejudice,
defeat, or destroy the right or title of any person claiming the real estate involved
in an action for partition by title under any other person, or by title paramount to
the title of the parties among whom the partition may have been made; nor so as
to restrict or prevent persons holding real estate jointly or in common from
making an amicable partition thereof by agreement and suitable instruments of
conveyance without recourse to an action.
SECTION 13. Partition of Personal Property. The provisions of this rule shall
apply to partitions of estates composed of personal property, or of both real and
personal property, in so far as the same may be applicable.
RULE 70
Forcible Entry and Detainer
SECTION 1. Who May Institute Proceedings, and When. Subject to the
provisions of the next succeeding section, a person deprived of the possession of
any land or building by force, intimidation, threat, strategy, or stealth, or a
landlord, vendor, vendee, or other person against whom the possession of any
land or building is unlawfully withheld after the expiration or termination of the
right to hold possession, by virtue of any contract, express or implied, or the legal
representatives or assigns of any such landlord, vendor, vendee, or other person,
may, at any time within one (1) year after such unlawful deprivation or
withholding of possession, bring an action in the proper inferior court against the
person or persons unlawfully withholding or depriving of possession, or any
person or persons claiming under them, for the restitution of such possession,
together with damages and costs. The complaint must be verified.
The provisions of this rule shall not apply to cases covered by the Agricultural
Tenancy Act.
SECTION 2. Landlord to Proceed Against Tenant Only After Demand. No
landlord, or his legal representative or assign, shall bring such action against a
tenant for failure to pay rent due or to comply with the conditions of his lease,
unless the tenant shall have failed to pay such rent or comply with such
conditions for a period of fifteen (15) days, or five (5) days in the case of building,
after demand therefor, made upon him personally, or by serving written notice of
such demand upon the person found on the premises, or by posting such notice
on the premises if no persons be found thereon.
SECTION 3. Preliminary Injunction. The court may grant preliminary
injunction, in accordance with the provisions of Rule 58 hereof, to prevent the
defendant from committing further acts of dispossession against the plaintiff.
A possessor deprived of his possession through forcible entry may within ten (10)
days from the filing of the complaint present a motion to secure from the
competent court, in the action for forcible entry, a writ of preliminary mandatory
injunction to restore him in his possession. The court shall decide the motion
within thirty (30) days from the filing thereof.
SECTION 4. Evidence of Title, When Admissible. Evidence of title to the land
or building may be received solely for the purpose of determining the character
and extent of possession and damages for detention.
SECTION 5. When Bond Required on Continuance. No continuance shall be
granted for a longer period than five (5) days on the application of the defendant
unless he gives a bond to the adverse party conditioned for the payment, should
judgment be rendered against the defendant, of the rent and damages that may
accrue.
SECTION 6. Judgment. If upon trial the court finds that the allegations of the
complaint are not true, it shall render judgment for the defendant to recover his
costs. If it finds them to be true, it shall render judgment in favor of the plaintiff for
the restitution of the premises, for the sum justly due as arrears of rent or as
reasonable compensation for the use and occupation of the premises, and for
costs. If a counterclaim is established, the court shall render judgment for the
sum found in arrears from either party, and award costs as justice requires.
SECTION 7. Judgment Conclusive Only on Possession; Not Conclusive in
Actions Involving Title or Ownership. The judgment rendered in an action for
forcible entry or detainer shall be effective with respect to the possession only
and in no wise bind the title or affect the ownership of the land or building. Such
judgment shall not bar an action between the same parties respecting title to the
land or building, nor shall it be held conclusive of the facts therein found in a case
between the same parties upon a different cause of action not involving
possession.
SECTION 8. Immediate Execution of Judgment. How to Stay Same. If
judgment is rendered against the defendant, execution shall issue immediately,
unless an appeal has been perfected and the defendant to stay execution files a
sufficient bond, approved by the justice of the peace or municipal court and
executed to the plaintiff to enter the action in the Court of First Instance and to
pay the rents, damages, and costs accruing down to the time of the judgment
appealed from, and unless, during the pendency of the appeal, he deposits with
the appellate court the amount of rent due from time to time under the contract, if
any, as found by the judgment of the justice of the peace or municipal court to
exist. In the absence of a contract, he shall deposit with the court the reasonable
value of the use and occupation of the premises for the preceding month or
period at the rate determined by the judgment, on or before the tenth day of each
succeeding month or period. The supersedeas bond shall be transmitted by the
justice of the peace or municipal court, with the other papers, to the clerk of the
Court of First Instance to which the action is appealed.
All moneys so paid to the appellate court shall be deposited in the provincial or
city treasury, and shall be held there until the final disposition of the appeal,
unless the court, by agreement of the interested parties, or in the absence of
reasonable grounds of opposition to a motion to withdraw, or for justifiable
reasons, shall decree otherwise. Should the defendant fail to make the payments
above prescribed from time to time during the pendency of the appeal, the
appellate court, upon motion of the plaintiff, of which the defendant shall have
notice, and upon proof of such failure, shall order the execution of the judgment
appealed from with respect to the restoration of possession, but such execution
shall not be a bar to the appeal taking its course until the final disposition thereof
on its merits.
If the case is tried on its merits in the Court of First Instance, any money paid into
court by the defendant for the purposes of stay of execution shall be disposed of
in accordance with the provisions of the judgment of the Court of First Instance,
and in any case wherein it appears that the defendant has been deprived of the
lawful possession of land or building pending the appeal by virtue of the
execution of the judgment of the justice of the peace or municipal court, damages
for such deprivation of possession may be allowed the defendant in the judgment
of the Court of First Instance disposing of the appeal. The bond shall be
transmitted by the justice of the peace or the municipal court, with the other
papers, to the clerk of the Court of First Instance to which the action is appealed.
SECTION 9. Mandatory Injunction in Case of Appeal. Upon motion of the
lessor, within ten (10) days from the perfection of the appeal to the Court of First
Instance, the latter may issue a writ of preliminary mandatory injunction to restore
the lessor in possession if the court is satisfied that the lessee's appeal is
frivolous or dilatory, or that the appeal of the lessor is prima facie meritorious.
SECTION 10. Stay of Execution on Appeal to Court of Appeals or Supreme
Court. Where defendant appeals from a judgment of the Court of First
Instance, execution of said judgment, with respect to the restoration of
possession, shall not be stayed unless the appellant deposits the same amounts
and within the periods referred to in section 8 of this rule to be disposed of in the
same manner as therein provided.
RULE 71
Contempt
SECTION 1. Direct Contempt Punished Summarily. A person guilty of
misbehavior in the presence of or so near a court or judge as to obstruct or
interrupt the proceedings before the same, including disrespect toward the court
or judge, offensive personalities toward others, or refusal to be sworn or to
answer as a witness, or to subscribe an affidavit or deposition when lawfully
required so to do, may be summarily adjudged in contempt by such court or
judge and punished by fine not exceeding two hundred pesos or imprisonment
not exceeding ten (10) days, or both, if it be a superior court, or a judge thereof,
or by fine not exceeding ten pesos or imprisonment not exceeding one (1) day, or
both, if it be an inferior court.
SECTION 2. Appeal. The person adjudged in contempt by an inferior court
may appeal from the judgment to the Court of First Instance of the province, and,
as in ordinary criminal cases, execution of the judgment shall be suspended
pending the appeal upon such person filing a bond conditioned that he will abide
by and perform the judgment should the appeal be decided against him.
Judgment of superior courts on direct contempt shall not be appealable.
SECTION 3. Indirect Contempt to Be Punished After Charge and Hearing.
After charge in writing has been filed, and an opportunity given to the accused to
be heard by himself or counsel, a person guilty of any of the following acts may
be punished for contempt:
(a) Misbehavior of an officer of a court in the performance of his
official duties or in his official transactions;
(b) Disobedience of or resistance to a lawful writ, process, order,
judgment, or command of a court, or injunction granted by a
court or judge, including the act of a person who, after being
dispossessed or ejected from any real property by the
judgment or process of any court of competent jurisdiction,
enters or attempts or induces another to enter into or upon
such real property, for the purpose of executing acts of
ownership or possession, or in any manner disturbs the
possession given to the person adjudged to be entitled
thereto;
(c) Any abuse of or any unlawful interference with the process or
proceedings of a court not constituting direct contempt under
section 1 of this rule;
(d) Any improper conduct tending, directly or indirectly, to impede,
obstruct, or degrade the administration of justice;
(e) Assuming to be an attorney or an officer of a court, and acting
as such without authority;
(f) Failure to obey a subpoena duly served;
(g) The rescue, or attempted rescue, of a person or property in the
custody of an officer by virtue of an order or process of a
court held by him.
But nothing in this section shall be so construed as to prevent the court from
issuing process to bring the accused party into court, or from holding him in
custody pending such proceedings.
SECTION 4. Charge; Where to Be Filed. Where the contempt, under the
preceding section, has been committed against a superior court or judge, or
against an officer appointed by it, the charge may be filed with such superior
court. Where such contempt has been committed against an inferior court or
judge, the charge may be filed with the Court of First Instance of the province or
city in which the inferior court is sitting; but the proceedings may also be
instituted in such inferior court subject to appeal to the Court of First Instance of
such province or city in the same manner as is provided in section 2 of this rule.
And where a contempt punishable under these rules has been committed against
an administrative officer or any non-judicial person, committee, or other body, the
charge may be filed with the Court of First Instance of the province or city in
which the contempt has been committed.
SECTION 5. Hearing; Release on Bail. If the hearing is not ordered to be had
forthwith, the accused may be released from custody upon filing a bond, in an
amount fixed by the court, for his appearance to answer the charge. Upon the
day set for the hearing, the court shall proceed to investigate the charge and
consider such answer or testimony as the accused may make or offer.
SECTION 6. Punishment if Found Guilty. If the accused is thereupon
adjudged guilty of contempt committed against a superior court or judge, he may
be fined not exceeding one thousand pesos or imprisoned not more than six (6)
months, or both; if adjudged guilty of contempt committed against an inferior
court or judge, he may be fined not exceeding one hundred pesos or imprisoned
not more than one (1) month, or both, and if the contempt consists in the violation
of an injunction, he may also be ordered to make complete restitution to the party
injured by such violation.
SECTION 7. Imprisonment Until Order Obeyed. When the contempt consists
in the omission to do an act which is yet in the power of the accused to perform,
he may be imprisoned by order of a superior court until he performs it.
SECTION 8. Proceeding When Party Released on Bail Fails to Answer. When
an accused released on bail fails to appear upon the day fixed for the hearing,
the court may issue another order of arrest or may order the bond for his
appearance to be prosecuted, or both; and, if the bond be prosecuted, the
measure of damages shall be the extent of the loss or injury sustained by the
aggrieved party by reason of the misconduct for which the contempt was
prosecuted, and the costs of the proceedings, and such recovery shall be for the
benefit of the party injured. But if there is no aggrieved party, the bond shall be
liable as in criminal cases.
SECTION 9. Court May Release Accused. The court or judge who made the
order imprisoning a person for contempt may discharge him from imprisonment
when it appears that public interest will not suffer thereby.
SECTION 10. Review of Judgment or Order by Court of Appeals or Supreme
Court; Bond for Stay. The judgment or order of a Court of First Instance made
in a case of contempt punished after written charge and hearing may be
reviewed by the Court of Appeals or the Supreme Court, but execution of the
judgment or order shall not be suspended until a bond is filed by the person in
contempt, in an amount fixed by the Court of First Instance, conditioned that if
the appeal be decided against him he will abide by and perform the judgment or
order. The appeal may be taken as in criminal cases.
 PART II
Special Proceedings
GENERAL PROVISION
RULE 72
Subject Matter and Applicability of General Rules
SECTION 1. Subject Matter of Special Proceedings. Rules of special
proceedings are provided for in the following cases: cdasia

(a) Settlement of estate of deceased persons;

(b) Escheat;
(c) Guardianship and custody of children;
(d) Trustees;
(e) Adoption;
(f) Rescission and revocation of adoption;
(g) Hospitalization of insane persons;
(h) Habeas corpus;
(i) Change of name;
(j) Voluntary dissolution of corporations;
(k) Judicial approval of voluntary recognition of minor natural
children;
(l) Constitution of family home;
(m) Declaration of absence and death;
(n) Cancellation or correction of entries in the civil registry.
SECTION 2. Applicability of Rules of Civil Actions. In the absence of special
provisions, the rules provided for in ordinary actions shall be, as far as
practicable, applicable in special proceedings.
SETTLEMENT OF ESTATE OF DECEASED PERSONS
RULE 73
Venue and Process
SECTION 1. Where Estate of Deceased Persons Settled. If the decedent is an
inhabitant of the Philippines at the time of his death, whether a citizen or an alien,
his will shall be proved, or letters of administration granted, and his estate
settled, in the Court of First Instance in the province in which he resides at the
time of his death, and if he is an inhabitant of a foreign country, the Court of First
Instance of any province in which he had estate. The court first taking
cognizance of the settlement of the estate of a decedent, shall exercise
jurisdiction to the exclusion of all other courts. The jurisdiction assumed by a
court, so far as it depends on the place of residence of the decedent, or of the
location of his estate, shall not be contested in a suit or proceeding, except in an
appeal from that court, in the original case, or when the want of jurisdiction
appears on the record.
SECTION 2. Where Estate Settled Upon Dissolution of Marriage. When the
marriage is dissolved by the death of the husband or wife, the community
property shall be inventoried, administered, and liquidated, and the debts thereof
paid, in the testate or intestate proceedings of the deceased spouse. If both
spouses have died, the conjugal partnership shall be liquidated in the testate or
intestate proceedings of either.
SECTION 3. Process. In the exercise of probate jurisdiction, Court of First
Instance may issue warrants and process necessary to compel the attendance of
witnesses or to carry into effect their orders and judgments, and all other powers
granted them by law. If a person does not perform an order or judgment rendered
by a court in the exercise of its probate jurisdiction, it may issue a warrant for the
apprehension and imprisonment of such person until he performs such order or
judgment, or is released.
SECTION 4. Presumption of Death. For purposes of settlement of his estate,
a person shall be presumed dead if absent and unheard from for the periods
fixed in the Civil Code. But if such person proves to be alive, he shall be entitled
to the balance of his estate after payment of all his debts. The balance may be
recovered by motion in the same proceeding.
RULE 74
Summary Settlement of Estates
SECTION 1. Extrajudicial Settlement by Agreement Between Heirs. If the
decedent left no will and no debts and the heirs are all of age, or the minors are
represented by their judicial or legal representatives duly authorized for the
purpose, the parties may, without securing letters of administration, divide the
estate among themselves as they see fit by means of a public instrument filed in
the office of the register of deeds, and should they disagree, they may do so in
an ordinary action of partition. If there is only one heir, he may adjudicate to
himself the entire estate by means of an affidavit filed in the office of the register
of deeds. The parties to an extrajudicial settlement, whether by public instrument
or by stipulation in a pending action for partition, or the sole heir who adjudicates
the entire estate to himself by means of an affidavit shall file, simultaneously with
and as a condition precedent to the filing of the public instrument, or stipulation in
the action for partition, or of the affidavit in the office of the register of deeds, a
bond with the said register of deeds, in an amount equivalent to the value of the
personal property involved as certified to under oath by the parties concerned
and conditioned upon the payment of any just claim that may be filed under
section 4 of this rule. It shall be presumed that the decedent left no debts if no
creditor files a petition for letters of administration within two (2) years after the
death of the decedent.
The fact of the extrajudicial settlement or administration shall be published in a
newspaper of general circulation in the manner provided in the next succeeding
section; but no extrajudicial settlement shall be binding upon any person who has
not participated therein or had no notice thereof.
SECTION 2. Summary Settlement of Estates of Small Value. Whenever the
gross value of the estate of a deceased person, whether he died testate or
intestate, does not exceed ten thousand pesos, and that fact is made to appear
to the Court of First Instance having jurisdiction of the estate by the petition of an
interested person and upon hearing, which shall be held not less than one (1)
month nor more than three (3) months from the date of the last publication of a
notice which shall be published once a week for three (3) consecutive weeks in a
newspaper of general circulation in the province, and after such other notice to
interested persons as the court may direct, the court may proceed summarily,
without the appointment of an executor or administrator, and without delay, to
grant, if proper, allowance of the will, if any there be, to determine who are the
persons legally entitled to participate in the estate, and to apportion and divide it
among them after the payment of such debts of the estate as the court shall then
find to be due; and such persons, in their own right, if they are of lawful age and
legal capacity, or by their guardians or trustees legally appointed and qualified, if
otherwise, shall thereupon be entitled to receive and enter into the possession of
the portions of the estate so awarded to them respectively. The court shall make
such order as may be just respecting the costs of the proceedings, and all orders
and judgments made or rendered in the course thereof shall be recorded in the
office of the clerk, and the order of partition or award, if it involves real estate,
shall be recorded in the proper register's office.
SECTION 3. Bond to Be Filed by Distributees. The court, before allowing a
partition in accordance with the provisions of the preceding section, may require
the distributees, if property other than real is to be distributed, to file a bond in an
amount to be fixed by court, conditioned for the payment of any just claim which
may be filed under the next succeeding section. cdphil

SECTION 4. Liability of Distributees and Estate. If it shall appear at any time

within two (2) years after the settlement and distribution of an estate in
accordance with the provisions of either of the first two sections of this rule, that
an heir or other person has been unduly deprived of his lawful participation in the
estate, such heir or such other person may compel the settlement of the estate in
the courts in the manner hereinafter provided for the purpose of satisfying such
lawful participation. And if within the same time of two (2) years, it shall appear
that there are debts outstanding against the estate which have not been paid, or
that an heir or other person has been unduly deprived of his lawful participation
payable in money, the court having jurisdiction of the estate may, by order for
that purpose, after hearing, settle the amount of such debts or lawful participation
and order how much and in what manner each distributee shall contribute in the
payment thereof, and may issue execution, if circumstances require, against the
bond provided in the preceding section or against the real estate belonging to the
deceased, or both. Such bond and such real estate shall remain charged with a
liability to creditors, heirs, or other persons for the full period of two (2) years after
such distribution, notwithstanding any transfers of real estate that may have been
made.
SECTION 5. Period for Claim of Minor or Incapacitated Person. If on the date
of the expiration of the period of two (2) years prescribed in the preceding section
the person authorized to file a claim is a minor or mentally incapacitated, or is in
prison or outside the Philippines, he may present his claim within one (1) year
after such disability is removed.
RULE 75
Production of Will. Allowance of Will Necessary
SECTION 1. Allowance Necessary. Conclusive as to Execution. No will shall
pass either real or personal estate unless it is proved and allowed in the proper
court. Subject to the right of appeal, such allowance of the will shall be
conclusive as to its due execution.
SECTION 2. Custodian of Will to Deliver. The person who has custody of a
will shall, within twenty (20) days after he knows of the death of the testator,
deliver the will to the court having jurisdiction, or to the executor named in the
will.
SECTION 3. Executor to Present Will and Accept or Refuse Trust. A person
named as executor in a will shall, within twenty (20) days after he knows of the
death of the testator, or within twenty (20) days after he knows that he is named
executor if he obtained such knowledge after the death of the testator, present
such will to the court having jurisdiction, unless the will has reached the court in
any other manner, and shall, within such period, signify to the court in writing his
acceptance of the trust or his refusal to accept it.
SECTION 4. Custodian and Executor Subject to Fine for Neglect. A person
who neglects any of the duties required in the two last preceding sections without
excuse satisfactory to the court shall be fined not exceeding two thousand pesos.
SECTION 5. Person Retaining Will May Be Committed. A person having
custody of a will after the death of the testator who neglects without reasonable
cause to deliver the same, when ordered so to do, to the court having jurisdiction,
may be committed to prison and there kept until he delivers the will.
RULE 76
Allowance or Disallowance of Will
SECTION 1. Who May Petition for the Allowance of Will. Any executor,
devisee, or legatee named in a will, or any other person interested in the estate,
may, at any time after the death of the testator, petition the court having
jurisdiction to have the will allowed, whether the same be in his possession or
not, or is lost or destroyed.
The testator himself may, during his lifetime, petition the court for the allowance
of his will.
SECTION 2. Contents of Petition. A petition for the allowance of a will must
show, so far as known to the petitioner:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs, legatees, and
devisees of the testator or decedent;
(c) The probable value and character of the property of the estate;
(d) The name of the person for whom letters are prayed;
(e) If the will has not been delivered to the court, the name of the
person having custody of it.
But no defect in the petition shall render void the allowance of the will, or the
issuance of letters testamentary or of administration with the will annexed.
SECTION 3. Court to Appoint Time for Proving Will. Notice Thereof to Be
Published. When a will is delivered to, or a petition for the allowance of a will
is filed in, the court having jurisdiction, such court shall fix a time and place for
proving the will when all concerned may appear to contest the allowance thereof,
and shall cause notice of such time and place to be published three (3) weeks
successively, previous to the time appointed, in a newspaper of general
circulation in the province.
But no newspaper publication shall be made where the petition for probate has
been filed by the testator himself.
SECTION 4. Heirs, Devisees, Legatees, and Executors to Be Notified by Mail or
Personally. The court shall also cause copies of the notice of the time and
place fixed for proving the will to be addressed to the designated or other known
heirs, legatees, and devisees of the testator resident in the Philippines at their
places of residence, and deposited in the post office with the postage thereon
prepaid at least twenty (20) days before the hearing, if such places of residence
be known. A copy of the notice must in like manner be mailed to the person
named as executor, if he be not the petitioner; also, to any person named as co-
executor not petitioning, if their places of residence be known. Personal service
of copies of the notice at least ten (10) days before the day of hearing shall be
equivalent to mailing.
If the testator asks for the allowance of his own will, notice shall be sent only to
his compulsory heirs.
SECTION 5. Proof at Hearing. What Sufficient in Absence of Contest. At the
hearing, compliance with the provisions of the last two preceding sections must
be shown before the introduction of testimony in support of the will. All such
testimony shall be taken under oath and reduced to writing. If no person appears
to contest the allowance of the will, the court may grant allowance thereof on the
testimony of one of the subscribing witnesses only, if such witness testify that the
will was executed as is required by law.
In the case of a holographic will, it shall be necessary that at least one witness
who knows the handwriting and signature of the testator explicitly declare that the
will and the signature are in the handwriting of the testator. In the absence of any
such competent witness, and if the court deem it necessary, expert testimony
may be resorted to.
SECTION 6. Proof of Lost or Destroyed Will. Certificate Thereupon. No will
shall be proved as a lost or destroyed will unless the execution and validity of the
same be established, and the will is proved to have been in existence at the time
of the death of the testator, or is shown to have been fraudulently or accidentally
destroyed in the lifetime of the testator without his knowledge, nor unless its
provisions are clearly and distinctly proved by at least two (2) credible witnesses.
When a lost will is proved, the provisions thereof must be distinctly stated and
certified by the judge, under the seal of the court, and the certificate must be filed
and recorded as other wills are filed and recorded.
SECTION 7. Proof When Witnesses Do Not Reside in Province. If it appears
at the time fixed for the hearing that none of the subscribing witnesses resides in
the province, but that the deposition of one or more of them can be taken
elsewhere, the court may, on motion, direct it to be taken, and may authorize a
photographic copy of the will to be made and to be presented to the witness on
his examination, who may be asked the same questions with respect to it, and to
the handwriting of the testator and others, as would be pertinent and competent if
the original will were present.
SECTION 8. Proof When Witnesses Dead or Insane or Do Not Reside in the
Philippines. If it appears at the time fixed for the hearing that the subscribing
witnesses are dead or insane, or that none of them resides in the Philippines, the
court may admit the testimony of other witnesses to prove the sanity of the
testator, and the due execution of the will; and as evidence of the execution of
the will, it may admit proof of the handwriting of the testator and of the
subscribing witnesses, or of any of them.
SECTION 9. Grounds for Disallowing Will. The will shall be disallowed in any
of the following cases:
(a) If not executed and attested as required by law;
(b) If the testator was insane, or otherwise mentally incapable to
make a will, at the time of its execution;
(c) If it was executed under duress, or the influence of fear, or
threats;
(d) If it was procured by undue and improper pressure and
influence, on the part of the beneficiary, or of some other
person for his benefit;
(e) If the signature of the testator was procured by fraud or trick,
and he did not intend that the instrument should be his will at
the time of fixing his signature thereto.
SECTION 10. Contestant to File Grounds of Contest. Anyone appearing to
contest the will must state in writing his grounds for opposing its allowance, and
serve a copy thereof on the petitioner and other parties interested in the estate.
SECTION 11. Subscribing Witnesses Produced or Accounted for Where Will
Contested. If the will is contested, all the subscribing witnesses, and the
notary in the case of wills executed under the Civil Code of the Philippines, if
present in the Philippines and not insane, must be produced and examined, and
the death, absence, or insanity of any of them must be satisfactorily shown to the
court. If all or some of such witnesses are present in the Philippines but outside
the province where the will has been filed, their deposition must be taken. If any
or all of them testify against the due execution of the will, or do not remember
having attested to it, or are otherwise of doubtful credibility, the will may,
nevertheless, be allowed if the court is satisfied from the testimony of other
witnesses and from all the evidence presented that the will was executed and
attested in the manner required by law.
If a holographic will is contested, the same shall be allowed if at least three (3)
witnesses who know the handwriting of the testator explicitly declare that the will
and the signature are in the handwriting of the testator; in the absence of any
competent witness, and if the court deem it necessary, expert testimony may be
resorted to.
SECTION 12. Proof Where Testator Petitions for Allowance of Holographic Will.
Where the testator himself petitions for the probate of his holographic will and
no contest is filed, the fact that he affirms that the holographic will and the
signature are in his own handwriting, shall be sufficient evidence of the
genuineness and due execution thereof. If the holographic will is contested, the
burden of disproving the genuineness and due execution thereof shall be on the
contestant. The testator may, in his turn, present such additional proof as may be
necessary to rebut the evidence for the contestant.
SECTION 13. Certificate of Allowance Attached to Proved Will. To Be Recorded
in the Office of Register of Deeds. If the court is satisfied, upon proof taken
and filed, that the will was duly executed, and that the testator at the time of its
execution was of sound and disposing mind, and not acting under duress,
menace, and undue influence, or fraud, a certificate of its allowance, signed by
the judge, and attested by the seal of the court shall be attached to the will and
the will and certificate filed and recorded by the clerk. Attested copies of the will
devising real estate and of certificate of allowance thereof, shall be recorded in
the register of deeds of the province in which the lands lie.
RULE 77
Allowance of Will Proved Outside of Philippines and Administration of Estate
Thereunder
SECTION 1. Will Proved Outside Philippines May Be Allowed Here. Wills
proved and allowed in a foreign country, according to the laws of such country,
may be allowed, filed, and recorded by the proper Court of First Instance in the
Philippines.
SECTION 2. Notice of Hearing for Allowance. When a copy of such will and of
the order or decree of the allowance thereof, both duly authenticated, are filed
with a petition for allowance in the Philippines, by the executor or other person
interested, in the court having jurisdiction, such court shall fix a time and place for
the hearing, and cause notice thereof to be given as in case of an original will
presented for allowance.
SECTION 3. When Will Allowed, and Effect Thereof . If it appears at the
hearing that the will should be allowed in the Philippines, the court shall so allow
it, and a certificate of its allowance, signed by the judge, and attested by the seal
of the court, to which shall be attached a copy of the will, shall be filed and
recorded by the clerk, and the will shall have the same effect as if originally
proved and allowed in such court.
SECTION 4. Estate, How Administered. When a will is thus allowed, the court
shall grant letters testamentary, or letters of administration with the will annexed,
and such letters testamentary or of administration, shall extend to all the estate of
the testator in the Philippines. Such estate, after the payment of just debts and
expenses of administration, shall be disposed of according to such will, so far as
such will may operate upon it; and the residue, if any, shall be disposed of as is
provided by law in cases of estates in the Philippines belonging to persons who
are inhabitants of another state or country.
RULE 78
Letters Testamentary and of Administration, When and To Whom Issued
SECTION 1. Who are Incompetent to Serve as Executors or Administrators.
No person is competent to serve as executor or administrator who:
(a) Is a minor;
(b) Is not a resident of the Philippines; and
(c) Is in the opinion of the court unfit to execute the duties of the
trust by reason of drunkenness, improvidence, or want of
understanding or integrity, or by reason of conviction of an
offense involving moral turpitude.
SECTION 2. Executor of Executor Not to Administer Estate. The executor of
an executor shall not, as such, administer the estate of the first testator.
SECTION 3. Married Women May Serve. A married woman may serve as
executrix or administratrix, and the marriage of a single woman shall not affect
her authority so to serve under a previous appointment.
SECTION 4. Letters Testamentary Issued When Will Allowed. When a will has
been proved and allowed, the court shall issue letters testamentary thereon to
the person named as executor therein, if he is competent, accepts the trust, and
gives bond as required by these rules.
SECTION 5. Where Some Coexecutors Disqualified Others May Act. When all
of the executors named in a will can not act because of incompetency, refusal to
accept the trust, or failure to give bond, on the part of one or more of them,
letters testamentary may issue to such of them as are competent, accept and
give bond, and they may perform the duties and discharge the trust required by
the will.
SECTION 6. When and to Whom Letters of Administration Granted. If no
executor is named in the will, or the executor or executors are incompetent,
refuse the trust, or fail to give bond, or a person dies intestate, administration
shall be granted:
 (a) To the surviving husband or wife, as the case may be, or next
of kin, or both, in the discretion of the court, or to such
person as such surviving husband or wife, or next of kin,
requests to have appointed, if competent and willing to
serve;
(b) If such surviving husband or wife, as the case may be, or next
of kin, or the person selected by them, be incompetent or
unwilling, or if the husband or widow, or next of kin, neglects
for thirty (30) days after the death of the person to apply for
administration or to request that administration be granted to
some other person, it may be granted to one or more of the
principal creditors, if competent and willing to serve;
(c) If there is no such creditor competent and willing to serve, it
may be granted to such other person as the court may
select.
RULE 79
Opposing Issuance of Letters Testamentary. Petition and Contest for Letters
of Administration
SECTION 1. Opposition to Issuance of Letters Testamentary. Simultaneous
Petition for Administration. Any person interested in a will may state in writing
the grounds why letters testamentary should not issue to the persons named
therein as executors, or any of them, and the court, after hearing upon notice,
shall pass upon the sufficiency of such grounds. A petition may, at the same
time, be filed for letters of administration with the will annexed.
SECTION 2. Contents of Petition for Letters of Administration. A petition for
letters of administration must be filed by an interested person and must show, so
far as known to the petitioner:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs, and the names
and residences of the creditors, of the decedent;
(c) The probable value and character of the property of the estate;
(d) The name of the person for whom letters of administration are
prayed.
But no defect in the petition shall render void the issuance of letters of
administration.
SECTION 3. Court to Set Time for Hearing. Notice Thereof. When a petition
for letters of administration is filed in the court having jurisdiction, such court shall
fix a time and place for hearing the petition, and shall cause notice thereof to be
given to the known heirs and creditors of the decedent, and to any other persons
believed to have an interest in the estate, in the manner provided in sections 3
and 4 of Rule 76.
SECTION 4. Opposition to Petition for Administration. Any interested person
may, by filing a written opposition, contest the petition on the ground of the
incompetency of the person for whom letters are prayed therein, or on the ground
of the contestant's own right to the administration, and may pray that letters issue
to himself, or to any competent person or persons named in the opposition.
SECTION 5. Hearing and Order for Letters to Issue. At the hearing of the
petition, it must first be shown that notice has been given as hereinabove
required, and thereafter the court shall hear the proofs of the parties in support of
their respective allegations, and if satisfied that the decedent left no will, or that
there is no competent and willing executor, it shall order the issuance of letters of
administration to the party best entitled thereto.
SECTION 6. When Letters of Administration Granted to Any Applicant. Letters
of administration may be granted to any qualified applicant, though it appears
that there are other competent persons having better right to the administration, if
such persons fail to appear when notified and claim the issuance of letters to
themselves.
RULE 80
Special Administrator
SECTION 1. Appointment of Special Administrator. When there is delay in
granting letters testamentary or of administration by any cause including an
appeal from the allowance or disallowance of a will, the court may appoint a
special administrator to take possession and charge of the estate of the
deceased until the questions causing the delay are decided and executors or
administrators appointed.
SECTION 2. Powers and Duties of Special Administrator. Such special
administrator shall take possession and charge of the goods, chattels, rights,
credits, and estate of the deceased and preserve the same for the executor or
administrator afterwards appointed, and for that purpose may commence and
maintain suits as administrator. He may sell only such perishable and other
property as the court orders sold. A special administrator shall not be liable to
pay any debts of the deceased unless so ordered by the court.
SECTION 3. When Powers of Special Administrator Cease. Transfer of
Effects. Pending Suits. When letters testamentary or of administration are
granted on the estate of the deceased, the powers of the special administrator
shall cease, and he shall forthwith deliver to the executor or administrator the
goods, chattels, money, and estate of the deceased in his hands. The executor
or administrator may prosecute to final judgment suits commenced by such
special administrator.
RULE 81
Bonds of Executors and Administrators
SECTION 1. Bond to Be Given Before Issuance of Letters. Amount. Conditions.
Before an executor or administrator enters upon the execution of his trust, and
letters testamentary or of administration issue, he shall give a bond, in such sum
as the court directs, conditioned as follows:
(a) To make and return to the court, within three (3) months, a true
and complete inventory of all goods, chattels, rights, credits,
and estate of the deceased which shall come to his
possession or knowledge or to the possession of any other
person for him;
(b) To administer according to these rules, and, if an executor,
according to the will of the testator, all goods, chattels,
rights, credits, and estate which shall at any time come to his
possession or to the possession of any other person for him,
and from the proceeds to pay and discharge all debts,
legacies, and charges on the same, or such dividends
thereon as shall be decreed by the court;
(c) To render a true and just account of his administration to the
court within one (1) year, and at any other time when
required by the court;
(d) To perform all orders of the court by him to be performed.
SECTION 2. Bond of Executor Where Directed in Will. When Further Bond
Required. If the testator in his will directs that the executor serve without bond,
or with only his individual bond, he may be allowed by the court to give bond in
such sum and with such surety as the court approves conditioned only to pay the
debts of the testator; but the court may require of the executor a further bond in
case of a change in his circumstances, or for other sufficient cause, with the
conditions named in the last preceding section.
SECTION 3. Bonds of Joint Executors and Administrators. When two or more
persons are appointed executors or administrators the court may take a separate
bond from each, or a joint bond from all.
SECTION 4. Bond of Special Administrator. A special administrator before
entering upon the duties of his trust shall give a bond, in such sum as the court
directs, conditioned that he will make and return a true inventory of the goods,
chattels, rights, credits, and estate of the deceased which come to his
possession or knowledge, and that he will truly account for such as are received
by him when required by the court, and will deliver the same to the person
appointed executor or administrator, or to such other person as may be
authorized to receive them.
RULE 82
Revocation of Administration, Death, Resignation, and Removal of Executors
and Administrators
SECTION 1. Administration Revoked if Will Discovered. Proceedings Thereupon.
If after letters of administration have been granted on the estate of a decedent
as if he had died intestate, his will is proved and allowed by the court, the letters
of administration shall be revoked and all powers thereunder cease, and the
administrator shall forthwith surrender the letters to the court, and render his
account within such time as the court directs. Proceedings for the issuance of
letters testamentary or of administration under the will shall be as hereinbefore
provided.
SECTION 2. Court May Remove or Accept Resignation of Executor or
Administrator. Proceedings Upon Death, Resignation, or Removal. If an
executor or administrator neglects to render his account and settle the estate
according to law, or to perform an order or judgment of the court, or a duty
expressly provided by these rules, or absconds, or becomes insane, or otherwise
incapable or unsuitable to discharge the trust, the court may remove him, or, in
its discretion, may permit him to resign. When an executor or administrator dies,
resigns, or is removed the remaining executor or administrator may administer
the trust alone, unless the court grants letters to someone to act with him. If there
is no remaining executor or administrator, administration may be granted to any
suitable person.
SECTION 3. Acts Before Revocation, Resignation, or Removal to Be Valid.
The lawful acts of an executor or administrator before the revocation of his letters
testamentary or of administration, or before his resignation or removal, shall have
the like validity as if there had been no such revocation, resignation, or removal.
SECTION 4. Powers of New Executor or Administrator. Renewal of License to
Sell Real Estate. The person to whom letters testamentary or of administration
are granted after the revocation of former letters, or the death, resignation, or
removal of a former executor or administrator, shall have the like powers to
collect and settle the estate not administered that the former executor or
administrator had, and may prosecute or defend actions commenced by or
against the former executor or administrator, and have execution on judgments
recovered in the name of such former executor or administrator. An authority
granted by the court to the former executor or administrator for the sale or
mortgage of real estate may be renewed in favor of such person without further
notice or hearing.
RULE 83
Inventory and Appraisal. Provision for Support of Family
SECTION 1. Inventory and Appraisal to Be Returned Within Three Months.
When three (3) months after his appointment every executor or administrator
shall return to the court a true inventory and appraisal of all the real and personal
estate of the deceased which has come into his possession or knowledge. In the
appraisement of such estate, the court may order one or more of the inheritance
tax appraisers to give his or their assistance.
SECTION 2. Certain Articles Not to Be Inventoried. The wearing apparel of
the surviving husband or wife and minor children, the marriage bed and bedding,
and such provisions and other articles as will necessarily be consumed in the
subsistence of the family of the deceased, under the direction of the court, shall
not be considered as assets, nor administered as such, and shall not be included
in the inventory.
SECTION 3. Allowance to Widow and Family. The widow and minor or
incapacitated children of a deceased person, during the settlement of the estate,
shall receive therefrom, under the direction of the court, such allowance as are
provided by law.
RULE 84
General Powers and Duties of Executors and Administrators
SECTION 1. Executor or Administrator to have Access to Partnership Books and
Property. How Right Enforced. The executor or administrator of the estate of a
deceased partner shall at all times have access to, and may examine and take
copies of, books and papers relating to the partnership business, and may
examine and make invoices of the property belonging to such partnership; and
the surviving partner or partners, on request, shall exhibit to him all such books,
papers, and property in their hands or control. On the written application of such
executor or administrator, the court having jurisdiction of the estate may order
any such surviving partner or partners to freely permit the exercise of the rights,
and to exhibit the books, papers, and property, as in this section provided, and
may punish any partner failing to do so for contempt.
SECTION 2. Executor or Administrator to Keep Buildings in Repair. An
executor or administrator shall maintain in tenantable repair the houses and other
structures and fences belonging to the estate, and deliver the same in such
repair to the heirs or devisees when directed so to do by the court.
SECTION 3. Executor or Administrator to Retain Whole Estate to Pay Debts, and
to Administer Estate Not Willed. An executor or administrator shall have the
right to the possession and management of the real as well as the personal
estate of the deceased so long as it is necessary for the payment of the debts
and the expenses of administration.
RULE 85
Accountability and Compensation of Executors and Administrators
SECTION 1. Executor or Administrator Chargeable With all Estate and Income.
Except as otherwise expressly provided in the following sections, every
executor or administrator is chargeable in his account with the whole of the
estate of the deceased which has come into his possession, at the value of the
appraisement contained in the inventory; with all the interest, profit, and income
of such estate; and with the proceeds of so much of the estate as is sold by him,
at the price at which it was sold.
SECTION 2. Not to Profit by Increase or Lose by Decrease in Value. No
executor or administrator shall profit by the increase, or suffer loss by the
decrease or destruction, without his fault, of any part of the estate. He must
account for the excess when he sells any part of the estate for more than the
appraisement, and if any is sold for less than the appraisement, he is not
responsible for the loss, if the sale has been justly made. If he settles any claim
against the estate for less than its nominal value, he is entitled to charge in his
account only the amount he actually paid on the settlement.
SECTION 3. When Not Accountable for Debts Due Estate. No executor or
administrator shall be accountable for debts due the deceased which remain
uncollected without his fault.
SECTION 4. Accountable for Income from Realty Used by Him. If the executor
or administrator uses or occupies any part of the real estate himself, he shall
account for it as may be agreed upon between him and the parties interested, or
adjusted by the court with their assent; and if the parties do not agree upon the
sum to be allowed, the same may be ascertained by the court, whose
determination in this respect shall be final.
SECTION 5. Accountable if He Neglects or Delays to Raise or Pay Money.
When an executor or administrator neglects or unreasonably delays to raise
money, by collecting the debts or selling the real or personal estate of the
deceased, or neglects to pay over the money he has in his hands, and the value
of the estate is thereby lessened or unnecessary cost or interest accrues, or the
persons interested suffer loss, the same shall be deemed waste and the damage
sustained may be charged and allowed against him in his account, and he shall
be liable therefor on his bond.
SECTION 6. When Allowed Money Paid as Costs. The amount paid by an
executor or administrator for costs awarded against him shall be allowed in his
administration account, unless it appears that the action or proceeding in which
the costs are taxed was prosecuted or resisted without just cause, and not in
good faith.
SECTION 7. What Expenses and Fees Allowed Executor or Administrator. Not to
Charge for Services as Attorney. Compensation Provided by Will Controls Unless
Renounced. An executor or administrator shall be allowed the necessary
expenses in the care, management, and settlement of the estate, and for his
services, four pesos per day for the time actually and necessarily employed, or a
commission upon the value of so much of the estate as comes into his
possession and is finally disposed of by him in the payment of debts, expenses,
legacies, or distributive shares, or by delivery to heirs or devisees, of two per
centum of the first five thousand pesos of such value, one per centum of so much
of such value as exceeds five thousand pesos and does not exceed thirty
thousand pesos, one-half per centum of so much of such value as exceeds thirty
thousand pesos and does not exceed one hundred thousand pesos, and one-
quarter per centum of so much of such value as exceeds one hundred thousand
pesos. But in any special case, where the estate is large, and the settlement has
been attended with great difficulty, and has required a high degree of capacity on
the part of the executor or administrator, a greater sum may be allowed. If
objection to the fees allowed be taken, the allowance may be re-examined on
appeal.
If there are two or more executors or administrators, the compensation shall be
apportioned among them by the court according to the services actually rendered
by them respectively.
When the executor or administrator is an attorney, he shall not charge against
the estate any professional fees for legal services rendered by him.
When the deceased by will makes some other provision for the compensation of
his executor, that provision shall be a full satisfaction for his services unless by a
written instrument filed in the court he renounces all claim to the compensation
provided by the will.
SECTION 8. When Executor or Administrator to Render Account. Every
executor or administrator shall render an account of his administration within one
(1) year from the time of receiving letters testamentary or of administration,
unless the court otherwise directs because of extensions of time for presenting
claims against, or paying the debts of, the estate, or for disposing of the estate;
and he shall render such further accounts as the court may require until the
estate is wholly settled.
SECTION 9. Examinations on Oath With Respect to Account. The court may
examine the executor or administrator upon oath with respect to every matter
relating to any account rendered by him, and shall so examine him as to the
correctness of his account before the same is allowed, except when no objection
is made to the allowance of the account and its correctness is satisfactorily
established by competent proof. The heirs, legatees, distributees, and creditors
of the estate shall have the same privilege as the executor or administrator of
being examined on oath on any matter relating to an administration account.
SECTION 10. Account to Be Settled on Notice. Before the account of an
executor or administrator is allowed, notice shall be given to persons interested
of the time and place of examining and allowing the same; and such notice may
be given personally to such persons interested or by advertisement in a
newspaper or newspapers, or both, as the court directs. cdrep

SECTION 11. Surety on Bond May Be Party to Accounting. Upon the

settlement of the account of an executor or administrator, a person liable as
surety in respect to such account may, upon application, be admitted as party to
such accounting.
RULE 86
Claims Against Estate
SECTION 1. Notice to Creditors to Be Issued by Court. Immediately after
granting letters testamentary or of administration, the court shall issue a notice
requiring all persons having money claims against the decedent to file them in
the office of the clerk of said court.
SECTION 2. Time Within Which Claims Shall Be Filed. In the notice provided
in the preceding section, the court shall state the time for the filing of claims
against the estate, which shall not be more than twelve (12) nor less than six (6)
months after the date of the first publication of the notice. However, at any time
before an order of distribution is entered, on application of a creditor who has
failed to file his claim within the time previously limited, the court may, for cause
shown and on such terms as are equitable, allow such claim to be filed within a
time not exceeding one (1) month.
SECTION 3. Publication of Notice to Creditors. Every executor or
administrator shall, immediately after the notice to creditors is issued, cause the
same to be published three (3) weeks successively in a newspaper of general
circulation in the province, and to be posted for the same period in four public
places in the province and in two public places in the municipality where the
decedent last resided.
SECTION 4. Filing Copy of Printed Notice. Within ten (10) days after the
notice has been published and posted in accordance with the preceding section,
the executor or administrator shall file or cause to be filed in the court a printed
copy of the notice accompanied with an affidavit setting forth the dates of the first
and last publication thereof and the name of the newspaper in which the same is
printed.
SECTION 5. Claims Which Must Be Filed Under the Notice. If Not Filed,
Barred; Exceptions. All claims for money against the decedent, arising from
contract, express or implied, whether the same be due, not due, or contingent, all
claims for funeral expenses and expenses for the last sickness of the decedent,
and judgment for money against the decedent, must be filed within the time
limited in the notice; otherwise they are barred forever, except that they may be
set forth as counterclaims in any action that the executor or administrator may
bring against the claimants. Where an executor or administrator commences an
action, or prosecutes an action already commenced by the deceased in his
lifetime, the debtor may set forth by answer the claims he has against the
decedent, instead of presenting them independently to the court as herein
provided, and mutual claims may be set off against each other in such action;
and if final judgment is rendered in favor of the defendant, the amount so
determined shall be considered the true balance against the estate, as though
the claim had been presented directly before the court in the administration
proceedings. Claims not yet due, or contingent, may be approved at their present
value.
SECTION 6. Solidary Obligation of Decedent. Where the obligation of the
decedent is solidary with another debtor, the claim shall be filed against the
decedent as if he were the only debtor, without prejudice to the right of the estate
to recover contribution from the other debtor. In a joint obligation of the decedent,
the claim shall be confined to the portion belonging to him.
SECTION 7. Mortgage Debt Due From Estate. A creditor holding a claim
against the deceased secured by mortgage or other collateral security, may
abandon the security and prosecute his claim in the manner provided in this rule,
and share in the general distribution of the assets of the estate; or he may
foreclose his mortgage or realize upon his security, by action in court, making the
executor or administrator a party defendant, and if there is a judgment for a
deficiency, after the sale of the mortgaged premises, or the property pledged, in
the foreclosure or other proceeding to realize upon the security, he may claim his
deficiency judgment in the manner provided in the preceding section; or he may
rely upon his mortgage or other security alone, and foreclose the same at any
time within the period of the statute of limitations, and in that event he shall not
be admitted as a creditor, and shall receive no share in the distribution of the
other assets of the estate; but nothing herein contained shall prohibit the
executor or administrator from redeeming the property mortgaged or pledged, by
paying the debt for which it is held as security, under the direction of the court, if
the court shall adjudge it to be for the best interest of the estate that such
redemption shall be made.
SECTION 8. Claim of Executor or Administrator Against an Estate. If the
executor or administrator has a claim against the estate he represents, he shall
give notice thereof, in writing, to the court, and the court shall appoint a special
administrator, who shall, in the adjustment of such claim, have the same power
and be subject to the same liability as the general administrator or executor in the
settlement of other claims. The court may order the executor or administrator to
pay to the special administrator necessary funds to defend such claim.
SECTION 9. How to File a Claim. Contents Thereof . Notice to Executor or
Administrator. A claim may be filed by delivering the same with the necessary
vouchers to the clerk of court and by serving a copy thereof on the executor or
administrator. If the claim be founded on a bond, bill, note or any other
instrument, the original need not be filed, but a copy thereof with all indorsements
shall be attached to the claim and filed therewith. On demand, however, of the
executor or administrator, or by order of the court or judge, the original shall be
exhibited, unless it be lost or destroyed, in which case the claimant must
accompany his claim with affidavit or affidavits containing a copy or particular
description of the instrument and stating its loss or destruction. When the claim is
due, it must be supported by affidavit stating the amount justly due, that no
payments have been made thereon which are not credited, and that there are no
offsets to the same, to the knowledge of the affiant. If the claim is not due, or is
contingent, when filed, it must also be supported by affidavit stating the
particulars thereof. When the affidavit is made by a person other than the
claimant, he must set forth therein the reason why it is not made by the claimant.
The claim once filed shall be attached to the record of the case in which the
letters testamentary or of administration were issued, although the court, in its
discretion, and as a matter of convenience, may order all the claims to be
collected in a separate folder.
SECTION 10. Answer of Executor or Administrator. Offsets. Within fifteen (15)
days after service of a copy of the claim on the executor or administrator, he shall
file his answer admitting or denying the claim specifically, and setting forth the
substance of the matters which are relied upon to support the admission or
denial. If he has no knowledge sufficient to enable him to admit or deny
specifically, he shall state such want of knowledge. The executor or administrator
in his answer shall allege in offset any claim which the decedent before death
had against the claimant, and his failure to do so shall bar the claim forever. A
copy of the answer shall be served by the executor or administrator on the
claimant. The court in its discretion may extend the time for filing such answer.
SECTION 11. Disposition of Admitted Claim. Any claim admitted entirely by
the executor or administrator shall immediately be submitted by the clerk to the
court who may approve the same without hearing; but the court, in its discretion,
before approving the claim, may order that known heirs, legatees, or devisees be
notified and heard. If upon hearing, an heir, legatee, or devisee opposes the
claim, the court may, in its discretion, allow him fifteen (15) days to file an answer
to the claim in the manner prescribed in the preceding section.
SECTION 12. Trial of Contested Claim. Upon the filing of an answer to a
claim, or upon the expiration of the time for such filing, the clerk of court shall set
the claim for trial with notice to both parties. The court may refer the claim to a
commissioner.
SECTION 13. Judgment Appealable. The judgment of the court approving or
disapproving a claim, shall be filed with the record of the administration
proceedings with notice to both parties, and is appealable as in ordinary cases. A
judgment against the executor or administrator shall be that he pay, in due
course of administration, the amount ascertained to be due, and it shall not
create any lien upon the property of the estate, or give to the judgment creditor
any priority of payment.
SECTION 14. Costs. When the executor or administrator, in his answer,
admits and offers to pay part of a claim, and the claimant refuses to accept the
amount offered in satisfaction of his claim, if he fails to obtain a more favorable
judgment, he cannot recover costs, but must pay to the executor or administrator
costs from the time of the offer. Where an action commenced against the
deceased for money has been discontinued and the claim embraced therein
presented as in this rule provided, the prevailing party shall be allowed the costs
of his action up to the time of its discontinuance.
RULE 87
Actions By and Against Executors and Administrators
SECTION 1. Actions Which May and Which May Not Be Brought Against
Executor or Administrator. No action upon a claim for the recovery of money
or debt or interest thereon shall be commenced against the executor or
administrator; but actions to recover real or personal property, or an interest
therein, from the estate, or to enforce a lien thereon, and actions to recover
damages for an injury to person or property, real or personal, may be
commenced against him.
SECTION 2. Executor or Administrator May Bring or Defend Actions Which
Survive. For the recovery or protection of the property or rights of the
deceased, an executor or administrator may bring or defend, in the right of the
deceased, actions for causes which survive.
SECTION 3. Heir May Not Sue Until Share Assigned. When an executor or
administrator is appointed and assumes the trust, no action to recover the title or
possession of lands or for damages done to such lands shall be maintained
against him by an heir or devisee until there is an order of the court assigning
such lands to such heir or devisee or until the time allowed for paying debts has
expired.
SECTION 4. Executor or Administrator May Compound with Debtor. With the
approval of the court, an executor or administrator may compound with the
debtor of the deceased for a debt due, and may give a discharge of such debt on
receiving a just dividend of the estate of the debtor.
SECTION 5. Mortgage Due Estate May Be Foreclosed. A mortgage belonging
to the estate of a deceased person, as mortgagee or assignee of the right of a
mortgagee, may be foreclosed by the executor or administrator.
SECTION 6. Proceedings When Property Concealed, Embezzled, or
Fraudulently Conveyed. If an executor or administrator, heir, legatee, creditor,
or other individual interested in the estate of the deceased, complains to the
court having jurisdiction of the estate that a person is suspected of having
concealed, embezzled, or conveyed away any of the money, goods, or chattels
of the deceased, or that such person has in his possession or has knowledge of
any deed, conveyance, bond, contract, or other writing which contains evidence
of or tends to disclose the right, title, interest, or claim of the deceased to real or
personal estate, or the last will and testament of the deceased, the court may cite
such suspected person to appear before it and may examine him on oath on the
matter of such complaint; and if the person so cited refuses to appear, or to
answer on such examination or such interrogatories as are put to him, the court
may punish him for contempt, and may commit him to prison until he submits to
the order of the court. The interrogatories put to any such person, and his
answers thereto, shall be in writing and shall be filed in the clerk's office.
SECTION 7. Person Entrusted With Estate Compelled to Render Account.
The court, on complaint of an executor or administrator, may cite a person
entrusted by an executor or administrator with any part of the estate of the
deceased to appear before it, and may require such person to render a full
account, on oath, of the money, goods, chattels, bonds, accounts, or other
papers belonging to such estate as came to his possession in trust for such
executor or administrator, and of his proceedings thereon; and if the person so
cited refuses to appear to render such account, the court may punish him for
contempt as having disobeyed a lawful order of the court.
SECTION 8. Embezzlement Before Letters Issued. If a person, before the
granting of letters testamentary or of administration on the estate of the
deceased, embezzles or alienates any of the money, goods, chattels, or effects
of such deceased, such person shall be liable to an action in favor of the
executor or administrator of the estate for double the value of the property sold,
embezzled, or alienated, to be recovered for the benefit of such estate. dctai

SECTION 9. Property Fraudulently Conveyed by Deceased May Be

Recovered. When Executor or Administrator Must Bring Action. When there is
a deficiency of assets in the hands of an executor or administrator for the
payment of debts and expenses of administration, and the deceased in his
lifetime had conveyed real or personal property, or a right or interest therein, or a
debt or credit, with intent to defraud his creditors or to avoid any right, debt, or
duty; or had so conveyed such property, right, interest, debt, or credit that by law
the conveyance would be void as against his creditors, and the subject of the
attempted conveyance would be liable to attachment by any of them in his
lifetime, the executor or administrator may commence and prosecute to final
judgment an action for the recovery of such property, right, interest, debt, or
credit for the benefit of the creditors; but he shall not be bound to commence the
action unless on application of the creditors of the deceased, nor unless the
creditors making the application pay such part of the costs and expenses, or give
security therefor to the executor or administrator, as the court deems equitable.
SECTION 10. When Creditor May Bring Action. Lien for Costs. When there is
such a deficiency of assets, and the deceased in his lifetime had made or
attempted such a conveyance, as is stated in the last preceding section, and the
executor or administrator has not commenced the action therein provided for,
any creditor of the estate may, with the permission of the court, commence and
prosecute to final judgment, in the name of the executor or administrator, a like
action for the recovery of the subject of the conveyance or attempted
conveyance for the benefit of the creditors. But the action shall not be
commenced until the creditor has filed in a court a bond executed to the executor
or administrator, in an amount approved by the judge, conditioned to indemnify
the executor or administrator against the costs and expenses incurred by reason
of such action. Such creditor shall have a lien upon any judgment recovered by
him in the action for such costs and other expenses incurred therein as the court
deems equitable. Where the conveyance or attempted conveyance has been
made by the deceased in his lifetime in favor of the executor or administrator, the
action which a creditor may bring shall be in the name of all the creditors, and
permission of the court and filing of bond as above prescribed, are not
necessary.
RULE 88
Payment of the Debts of the Estate
SECTION 1. Debts Paid in Full if Estate Sufficient. If, after hearing all the
money claims against the estate, and after ascertaining the amount of such
claims, it appears that there are sufficient assets to pay the debts, the executor
or administrator shall pay the same within the time limited for that purpose.
SECTION 2. Part of Estate from Which Debt Paid When Provision Made by Will.
If the testator makes provision by his will, or designates the estate to be
appropriated for the payment of hid debts, the expenses of administration, or the
family expenses, they shall be paid according to the provisions of the will; but if
the provision made by the will or the estate appropriated, is not sufficient for that
purpose, such part of the estate of the testator, real or personal, as is not
disposed of by will, if any, shall be appropriated for that purpose.
SECTION 3. Personalty First Chargeable for Debts, then Realty. The personal
estate of the deceased not disposed of by will shall be first chargeable with the
payment of debts and expenses; and if said personal estate is not sufficient for
that purpose, or its sale would redound to the detriment of the participants of the
estate, the whole of the real estate not disposed of by will, or so much thereof as
is necessary, may be sold, mortgaged, or otherwise encumbered for that purpose
by the executor or administrator, after obtaining the authority of the court
therefor. Any deficiency shall be met by contributions in accordance with the
provisions of section 6 of this rule.
SECTION 4. Estate to Be Retained to Meet Contingent Claims. If the court is
satisfied that a contingent claim duly filed is valid, it may order the executor or
administrator to retain in his hands sufficient estate to pay such contingent claim
when the same becomes absolute, or, if the estate is insolvent, sufficient to pay a
portion equal to the dividend of the other creditors.
SECTION 5. How Contingent Claim Becoming Absolute in Two Years Allowed
and Paid. Action Against Distributees Later. If such contingent claim becomes
absolute and is presented to the court, or to the executor or administrator, within
two (2) years from the time limited for other creditors to present their claims, it
may be allowed by the court if not disputed by the executor or administrator, and,
if disputed, it may be proved and allowed or disallowed by the court as the facts
may warrant. If the contingent claim is allowed, the creditor shall receive payment
to the same extent as the other creditors if the estate retained by the executor or
administrator is sufficient. But if the claim is not so presented, after having
become absolute, within said two (2) years, and allowed, the assets retained in
the hands of the executor or administrator, not exhausted in the payment of
claims, shall be distributed by the order of the court to the persons entitled to the
same; but the assets so distributed may still be applied to the payment of the
claim when established, and the creditor may maintain an action against the
distributees to recover the debt, and such distributees and their estates shall be
liable for the debt in proportion to the estate they have respectively received from
the property of the deceased.
SECTION 6. Court to Fix Contributive Shares Where Devisees, Legatees, or
Heirs have been in Possession. Where devisees, legatees, or heirs have
entered into possession of portions of the estate before the debts and expenses
have been settled and paid, and have become liable to contribute for the
payment of such debts and expenses, the court having jurisdiction of the estate
may, by order for that purpose, after hearing, settle the amount of their several
liabilities, and order how much and in what manner each person shall contribute,
and may issue execution as circumstances require.
SECTION 7. Order of Payment if Estate Insolvent. If the assets which can be
appropriated for the payment of debts are not sufficient for that purpose, the
executor or administrator shall pay the debts against the estate, observing the
provisions of Articles 1059 and 2239 to 2251 of the Civil Code.
SECTION 8. Dividends to Be Paid in Proportion to Claims. If there are no
assets sufficient to pay the credits of any one class of creditors after paying the
credits entitled to preference over it, each creditor within such class shall be paid
a dividend in proportion to his claim. No creditor of any one class shall receive
any payment until those of the preceding class are paid.
SECTION 9. Estate of Insolvent Nonresident, How Disposed of. In case
administration is taken in the Philippines of the estate of a person who was at the
time of his death an inhabitant of another country, and who died insolvent, his
estate found in the Philippines shall, as far as practicable, be so disposed of that
his creditors here and elsewhere may receive each an equal share, in proportion
to their respective credits.
SECTION 10. When and How Claim Proved Outside the Philippines Against
Insolvent Resident's Estate Paid. If it appears to the court having jurisdiction
that claims have been duly proven in another country against the estate of an
insolvent who was at the time of his death an inhabitant of the Philippines, and
that the executor or administrator in the Philippines had knowledge of the
presentation of such claims in such country and an opportunity to contest their
allowance, the court shall receive a certified list of such claims, when perfected in
such country, and add the same to the list of claims proved against the deceased
person in the Philippines so that a just distribution of the whole estate may be
made equally among all its creditors according to their respective claims; but the
benefit of this and the preceding sections shall not be extended to the creditors in
another country if the property of such deceased person there found is not
equally apportioned to the creditors residing in the Philippines and the other
creditors, according to their respective claims.
SECTION 11. Order for Payment of Debts. Before the expiration of the time
limited for the payment of the debts, the court shall order the payment thereof,
and the distribution of the assets received by the executor or administrator for
that purpose among the creditors, as the circumstances of the estate require and
in accordance with the provisions of this rule.
SECTION 12. Orders Relating to Payment of Debts Where Appeal is Taken. If
an appeal has been taken from a decision of the court concerning a claim, the
court may suspend the order for the payment of the debts or may order the
distribution among the creditors whose claims are definitely allowed, leaving in
the hands of the executor or administrator sufficient assets to pay the claim
disputed and appealed. When a disputed claim is finally settled the court having
jurisdiction of the estate shall order the same to be paid out of the assets
retained to the same extent and in the same proportion with the claims of other
creditors.
SECTION 13. When Subsequent Distribution of Assets Ordered. If the whole
of the debts are not paid on the first distribution, and if the whole assets are not
distributed, or other assets afterwards come to the hands of the executor or
administrator, the court may from time to time make further orders for the
distribution of assets.
SECTION 14. Creditors to Be Paid in Accordance with Terms of Order. When
an order is made for the distribution of assets among the creditors, the executor
or administrator shall, as soon as the time of payment arrives, pay the creditors
the amounts of their claims, or the dividend thereon, in accordance with the
terms of such order.
SECTION 15. Time for Paying Debts and Legacies Fixed, or Extended After
Notice, Within What Periods. On granting letters testamentary or
administration the court shall allow to the executor or administrator a time for
disposing of the estate and paying the debts and legacies of the deceased, which
shall not, in the first instance, exceed one (1) year; but the court may, on
application of the executor or administrator and after hearing on such notice of
the time and place therefor given to all persons interested as it shall direct,
extend the time as the circumstances of the estate require not exceeding six (6)
months for a single extension nor so that the whole period allowed to the original
executor or administrator shall exceed two (2) years.
SECTION 16. Successor of Dead Executor or Administrator May Have Time
Extended on Notice Within Certain Period. When an executor or administrator
dies, and a new administrator of the same estate is appointed, the court may
extend the time allowed for the payment of the debts or legacies beyond the time
allowed to the original executor or administrator, not exceeding six (6) months at
a time and not exceeding six (6) months beyond the time which the court might
have allowed to such original executor or administrator; and notice shall be given
of the time and place for hearing such application, as required in the last
preceding section.
RULE 89
Sales, Mortgages, and Other Encumbrances of Property of Decedent
SECTION 1. Order of Sale of Personalty. Upon the application of the executor
or administrator, and on written notice to the heirs and other persons interested,
the court may order the whole or a part of the personal estate to be sold, if it
appears necessary for the purpose of paying debts, expenses of administration,
or legacies, or for the preservation of the property.
SECTION 2. When Court May Authorize Sale, Mortgage, or Other Encumbrance
of Realty to Pay Debts and Legacies Through Personalty Not Exhausted.
When the personal estate of the deceased is not sufficient to pay the debts,
expenses of administration, and legacies, or where the sale of such personal
estate may injure the business or other interests of those interested in the estate,
and where a testator has not otherwise made sufficient provision for the payment
of such debts, expenses, and legacies, the court, on the application of the
executor or administrator and on written notice to the heirs, devisees, and
legatees residing in the Philippines, may authorize the executor or administrator
to sell, mortgage, or otherwise encumber so much as may be necessary of the
real estate, in lieu of personal estate, for the purpose of paying such debts,
expenses, and legacies, if it clearly appears that such sale, mortgage, or
encumbrance would be beneficial to the persons interested; and if a part cannot
be sold, mortgaged, or otherwise encumbered without injury to those interested
in the remainder, the authority may be for the sale, mortgage, or other
encumbrance of the whole of such real estate, or so much thereof as is
necessary or beneficial under the circumstances.
SECTION 3. Persons Interested May Prevent Such Sale, etc., by Giving
Bond. No such authority to sell, mortgage, or otherwise encumber real or
personal estate shall be granted if any person interested in the estate gives a
bond, in a sum to be fixed by the court, conditioned to pay the debts, expenses of
administration, and legacies within such time as the court directs; and such bond
shall be for the security of the creditors, as well as of the executor or
administrator, and may be prosecuted for the benefit of either.
SECTION 4. When Court May Authorize Sale of Estate as Beneficial to
Interested Persons. Disposal of Proceeds. When it appears that the sale of
the whole or a part of the real or personal estate, will be beneficial to the heirs,
devisees, legatees, and other interested persons, the court may, upon
application of the executor or administrator and on written notice to the heirs,
devisees, and legatees who are interested in the estate to be sold, authorize the
executor or administrator to sell the whole or a part of said estate, although not
necessary to pay debts, legacies, or expenses of administration; but such
authority shall not be granted if inconsistent with the provisions of a will. In case
of such sale, the proceeds shall be assigned to the persons entitled to the estate
in the proper proportions.
SECTION 5. When Court May Authorize Sale, Mortgage, or Other Encumbrance
of Estate to Pay Debts and Legacies in Other Countries. When the sale of
personal estate, or the sale, mortgage, or other encumbrance of real estate is not
necessary to pay the debts, expenses of administration, or legacies in the
Philippines, but it appears from records and proceedings of a probate court in
another country that the estate of the deceased in such other country is not
sufficient to pay the debts, expenses of administration, and legacies there, the
court here may authorize the executor or administrator to sell the personal estate
or to sell, mortgage, or otherwise encumber the real estate for the payment of
debts or legacies in the other country, in the same manner as for the payment of
debts or legacies in the Philippines.
SECTION 6. When Court May Authorize Sale, Mortgage, or Other Encumbrance
of Realty Acquired on Execution or Foreclosure. The court may authorize an
executor or administrator to sell, mortgage, or otherwise encumber real estate
acquired by him on execution or foreclosure sale, under the same circumstances
and under the same regulations as prescribed in this rule for the sale, mortgage,
or other encumbrance of other real estate.
SECTION 7. Regulations for Granting Authority to Sell, Mortgage, or Otherwise
Encumber Estate. The court having jurisdiction of the estate of the deceased
may authorize the executor or administrator to sell personal estate, or to sell,
mortgage, or otherwise encumber real estate, in cases provided by these rules
and when it appears necessary or beneficial, under the following regulations:
(a) The executor or administrator shall file a written petition setting
forth the debts due from the deceased, the expenses of
administration, the legacies, the value of the personal estate,
the situation of the estate to be sold, mortgaged, or
otherwise encumbered, and such other facts as show that
the sale, mortgage, or other encumbrance is necessary or
beneficial;
(b) The court shall thereupon fix a time and place for hearing such
petition, and cause notice stating the nature of the petition,
the reason for the same, and the time and place of hearing,
to be given personally or by mail to the persons interested,
and may cause such further notice to be given, by
publication or otherwise, as it shall deem proper;
(c) If the court requires it, the executor or administrator shall give
an additional bond, in such sum as the court directs,
conditioned that such executor or administrator will account
for the proceeds of the sale, mortgage, or other
encumbrance;
 (d) If the requirements in the preceding subdivisions of this section
have been complied with, the court, by order stating such
compliance, may authorize the executor or administrator to
sell, mortgage, or otherwise encumber, in proper cases,
such part of the estate as is deemed necessary, and in case
of sale the court may authorize it to be public or private, as
would be most beneficial to all parties concerned. The
executor or administrator shall be furnished with a certified
copy of such order;
(e) If the estate is to be sold at auction, the mode of giving notice of
the time and place of the sale shall be governed by the
provisions concerning notice of execution sale;
(f) There shall be recorded in the registry of deeds of the province
in which the real estate thus sold, mortgaged, or otherwise
encumbered is situated, a certified copy of the order of the
court, together with the deed of the executor or administrator
for such real estate, which shall be as valid as if the deed
had been executed by the deceased in his lifetime.
SECTION 8. When Court May Authorize Conveyance of Realty Which Deceased
Contracted to Convey. Notice. Effect of Deed. Where the deceased was in his
lifetime under contract, binding in law, to deed real property, or an interest
therein, the court having jurisdiction of the estate may, on application for that
purpose, authorize the executor or administrator to convey such property
according to such contract, or with such modifications as are agreed upon by the
parties and approved by the court; and if the contract is to convey real property to
the executor or administrator, the clerk of the court shall execute the deed. The
deed executed by such executor, administrator, or clerk of court shall be as
effectual to convey the property as if executed by the deceased in his lifetime;
but no such conveyance shall be authorized until notice of the application for that
purpose has been given personally or by mail to all persons interested, and such
further notice has been given, by publication or otherwise, as the court deems
proper; nor if the assets in the hands of the executor or administrator will thereby
be reduced so as to prevent a creditor from receiving his full debt or diminish his
dividend.
SECTION 9. When Court May Authorize Conveyance of Lands Which Deceased
Held in Trust. Where the deceased in his lifetime held real property in trust for
another person, the court may, after notice given as required in the last
preceding section, authorize the executor or administrator to deed such property
to the person, or his executor or administrator, for whose use and benefit it was
so held; and the court may order the execution of such trust, whether created by
deed or by law.
 RULE 90
Distribution and Partition of the Estate
SECTION 1. When Order for Distribution of Residue Made. When the debts,
funeral charges, and expenses of administration, the allowance to the widow,
and inheritance tax, if any, chargeable to the estate in accordance with law, have
been paid, the court, on the application of the executor or administrator, or of a
person interested in the estate, and after hearing upon notice, shall assign the
residue of the estate to the persons entitled to the same, naming them and the
proportions, or parts, to which each is entitled, and such persons may demand
and recover their respective shares from the executor or administrator, or any
other person having the same in his possession. If there is a controversy before
the court as to who are the lawful heirs of the deceased person or as to the
distributive shares to which each person is entitled under the law, the controversy
shall be heard and decided as in ordinary cases.
No distribution shall be allowed until the payment of the obligations above
mentioned has been made or provided for, unless the distributees, or any of
them, give a bond, in a sum to be fixed by the court, conditioned for the payment
of said obligations within such time as the court directs.
SECTION 2. Questions as to Advancement to Be Determined. Questions as
to advancement made, or alleged to have been made, by the deceased to any
heir may be heard and determined by the court having jurisdiction of the estate
proceedings; and the final order of the court thereon shall be binding on the
person raising the questions and on the heir.
SECTION 3. By Whom Expenses of Partition Paid. If at the time of the
distribution the executor or administrator has retained sufficient effects in his
hands which may lawfully be applied for the expenses of partition of the
properties distributed, such expenses of partition may be paid by such executor
or administrator when it appears equitable to the court and not inconsistent with
the intention of the testator; otherwise, they shall be paid by the parties in
proportion to their respective shares or interest in the premises, and the
apportionment shall be settled and allowed by the court, and, if any person
interested in the partition does not pay his proportion or share, the court may
issue an execution in the name of the executor or administrator against the party
not paying for the sum assessed.
SECTION 4. Recording the Order of Partition of Estate. Certified copies of
final orders and judgments of the court relating to the real estate or the partition
thereof shall be recorded in the registry of deeds of the province where the
property is situated.
RULE 91
 Escheats
SECTION 1. When and by Whom Petition Filed. When a person dies
intestate, seized of real or personal property in the Philippines, leaving no heir or
person by law entitled to the same, the Solicitor General or his representative in
behalf of the Republic of the Philippines, may file a petition in the Court of First
Instance of the province where the deceased last resided or in which he had
estate, if he resided out of the Philippines, setting forth the facts, and praying that
the estate of the deceased be declared escheated.
SECTION 2. Order for Hearing. If the petition is sufficient in form and
substance, the court, by an order reciting the purpose of the petition, shall fix a
date and place for the hearing thereof, which date shall be not more than six (6)
months after the entry of the order, and shall direct that a copy of the order be
published before the hearing at least once a week for six (6) successive weeks in
some newspaper of general circulation published in the province, as the court
shall deem best.
SECTION 3. Hearing and Judgment. Upon satisfactory proof in open court on
the date fixed in the order that such order has been published as directed and
that the person died intestate, seized of real or personal property in the
Philippines, leaving no heir or person entitled to the same, and no sufficient
cause being shown to the contrary, the court shall adjudge that the estate of the
deceased in the Philippines, after the payment of just debts and charges, shall
escheat; and shall, pursuant to law, assign the personal estate to the municipality
or city where he last resided in the Philippines, and the real estate to the
municipalities or cities, respectively, in which the same is situated. If the
deceased never resided in the Philippines, the whole estate may be assigned to
the respective municipalities or cities where the same is located. Such estate
shall be for the benefit of public schools, and public charitable institutions and
centers in said municipalities or cities.
The court, at the instance of an interested party, or on its own motion, may order
the establishment of a permanent trust, so that only the income from the property
shall be used.
SECTION 4. When and by Whom Claim to Estate Filed. If a devisee, legatee,
heir, widow, widower, or other person entitled to such estate appears and files a
claim thereto with the court within five (5) years from the date of such judgment,
such person shall have possession of and title to the same, or if sold, the
municipality or city shall be accountable to him for the proceeds, after deducting
reasonable charges for the care of the estate; but a claim not made within said
time shall be forever barred.
SECTION 5. Other Actions for Escheat. Until otherwise provided by law,
actions for reversion or escheat of properties alienated in violation of the
Constitution or of any statute shall be governed by this rule, except that the
action shall be instituted in the province where the land lies in whole or in part.
GENERAL GUARDIANS AND GUARDIANSHIP
RULE 92
Venue
SECTION 1. Where to Institute Proceedings. Guardianship of the person or
estate of a minor or incompetent may be instituted in the Court of First Instance
of the province, or in the justice of the peace court of the municipality, or in the
municipal court of the chartered city where the minor or incompetent person
resides, and if he resides in a foreign country, in the Court of First Instance of the
province wherein his property or part thereof is situated; provided, however, that
where the value of the property of such minor or incompetent exceeds the
jurisdiction of the justice of the peace or municipal court, the proceedings shall be
instituted in the Court of First Instance.
In the City of Manila the proceedings shall be instituted in the Juvenile and
Domestic Relations Court.
SECTION 2. Meaning of Word "Incompetent." Under this rule, the word
"incompetent" includes persons suffering the penalty of civil interdiction or who
are hospitalized lepers, prodigals, deaf and dumb who are unable to read and
write, those who are of unsound mind, even though they have lucid intervals, and
persons not being of unsound mind, but by reason of age, disease, weak mind,
and other similar causes, cannot, without outside aid, take care of themselves
and manage their property, becoming thereby an easy prey for deceit and
exploitation.
SECTION 3. Transfer of Venue. The court taking cognizance of a
guardianship proceeding, may transfer the same to the court of another province
or municipality wherein the ward has acquired real property, if he has transferred
thereto his bona-fide residence, and the latter court shall have full jurisdiction to
continue the proceedings, without requiring payment of additional court fees. cda

RULE 93
Appointment of Guardians
SECTION 1. Who May Petition for Appointment of Guardian for Resident. Any
relative, friend, or other person on behalf of a resident minor or incompetent who
has no parent or lawful guardian, or the minor himself if fourteen years of age or
over, may petition the court having jurisdiction for the appointment of a general
guardian for the person or estate, or both, of such minor or incompetent. An
officer of the Federal Administration of the United States in the Philippines may
also file a petition in favor of a ward thereof, and the Director of Health, in favor of
an insane person who should be hospitalized, or in favor of an isolated leper.
SECTION 2. Contents of Petition. A petition for the appointment of a general
guardian must show, so far as known to the petitioner:
(a) The jurisdictional facts;
(b) The minority or incompetency rendering the appointment
necessary or convenient;
(c) The names, ages, and residences of the relatives of the minor
or incompetent, and of the persons having him in their care;
(d) The probable value and character of his estate;
(e) The name of the person for whom letters of guardianship are
prayed.
The petition shall be verified; but no defect in the petition or verification shall
render void the issuance of letters of guardianship.
SECTION 3. Court to Set Time for Hearing. Notice Thereof. When a petition
for the appointment of a general guardian is filed, the court shall fix a time and
place for hearing the same, and shall cause reasonable notice thereof to be
given to the persons mentioned in the petition residing in the province, including
the minor if above 14 years of age or the incompetent himself, and may direct
other general or special notice thereof to be given.
SECTION 4. Opposition to Petition. Any interested person may, by filing a
written opposition, contest the petition on the ground of majority of the alleged
minor, competency of the alleged incompetent, or the unsuitability of the person
for whom letters are prayed, and may pray that the petition be dismissed, or that
letters of guardianship issue to himself, or to any suitable person named in the
opposition.
SECTION 5. Hearing and Order for Letters to Issue. At the hearing of the
petition the alleged incompetent must be present if able to attend, and it must be
shown that the required notice has been given. Thereupon the court shall hear
the evidence of the parties in support of their respective allegations, and, if the
person in question is a minor, or incompetent it shall appoint a suitable guardian
of his person or estate, or both, with the powers and duties hereinafter specified.
SECTION 6. When and How Guardian for Nonresident Appointed. Notice.
When a person liable to be put under guardianship resides without the
Philippines but has estate therein, any relative or friend of such person, or any
one interested in his estate, in expectancy or otherwise, may petition a court
having jurisdiction for the appointment of a guardian for the estate, and if, after
notice given to such person and in such manner as the court deems proper, by
publication or otherwise, and hearing, the court is satisfied that such nonresident
is a minor or incompetent rendering a guardian necessary or convenient, it may
appoint a guardian for such estate.
SECTION 7. Parents as Guardians. When the property of the child under
parental authority is worth two thousand pesos or less, the father or the mother,
without the necessity of court appointment, shall be his legal guardian. When the
property of the child is worth more than two thousand pesos, the father or the
mother shall be considered guardian of the child's property, with the duties and
obligations of guardians under these rules, and shall file the petition required by
section 2 hereof. For good reasons the court may, however, appoint another
suitable person.
SECTION 8. Service of Judgment. Final orders or judgments under this rule
shall be served upon the civil registrar of the municipality or city where the minor
or incompetent person resides or where his property or part thereof is situated.
RULE 94
Bonds of Guardians
SECTION 1. Bond to Be Given Before Issuance of Letters. Amount. Conditions.
Before a guardian appointed enters upon the execution of his trust, or letters
of guardianship issue, he shall give a bond, in such sum as the court directs,
conditioned as follows:
(a) To make and return to the court, within three (3) months, a true
and complete inventory of all the estate, real and personal,
of his ward which shall come to his possession or knowledge
or to the possession or knowledge of any other person for
him;
(b) To faithfully execute the duties of his trust, to manage and
dispose of the estate according to these rules for the best
interests of the ward, and to provide for the proper care,
custody, and education of the ward;
(c) To render a true and just account of all the estate of the ward in
his hands, and of all proceeds or interest derived therefrom,
and of the management and disposition of the same, at the
time designated by these rules and such other times as the
court directs; and at the expiration of his trust to settle his
accounts with the court and deliver and pay over all the
estate, effects, and moneys remaining in his hands, or due
from him on such settlement, to the person lawfully entitled
thereto;
 (d) To perform all orders of the court by him to be performed.
SECTION 2. When New Bond May Be Required and Old Sureties Discharged.
Whenever it is deemed necessary, the court may require a new bond to be given
by the guardian, and may discharge the sureties on the old bond from further
liability, after due notice to interested persons, when no injury can result
therefrom to those interested in the estate.
SECTION 3. Bonds to Be Filed. Actions Thereon. Every bond given by a
guardian shall be filed in the office of the clerk of the court, and, in case of the
breach of a condition thereof, may be prosecuted in the same proceeding or in a
separate action for the use and benefit of the ward or of any other person legally
interested in the estate.
RULE 95
Selling and Encumbering Property of Ward
SECTION 1. Petition of Guardian for Leave to Sell or Encumber Estate. When
the income of an estate under guardianship is insufficient to maintain the ward
and his family, or to maintain and educate the ward when a minor, or when it
appears that it is for the benefit of the ward that his real estate or some part
thereof be sold, or mortgaged or otherwise encumbered, and the proceeds
thereof put out at interest, or invested in some productive security, or in the
improvement or security of other real estate of the ward, the guardian may
present a verified petition to the court by which he was appointed setting forth
such facts, and praying that an order issue authorizing the sale or encumbrance.
SECTION 2. Order to Show Cause Thereupon. If it seems probable that such
sale or encumbrance is necessary, or would be beneficial to the ward, the court
shall make an order directing the next of kin of the ward, and all persons
interested in the estate, to appear at a reasonable time and place therein
specified to show cause why the prayer of the petition should not be granted.
SECTION 3. Hearing on Return of Order. Costs. At the time and place
designated in the order to show cause, the court shall hear the proofs and
allegations of the petitioner and next of kin, and other persons interested,
together with their witnesses, and grant or refuse the prayer of the petition as the
best interests of the ward require. The court shall make such order as to costs of
the hearing as may be just.
SECTION 4. Contents of Order for Sale or Encumbrance, and How Long
Effective. Bond. If, after full examination, it appears that it is necessary, or
would be beneficial to the ward, to sell or encumber the estate, or some portion
of it, the court shall order such sale or encumbrance and that the proceeds
thereof be expended for the maintenance of the ward and his family, or the
education of the ward, if a minor, or for the putting of the same out at interest, or
the investment of the same as the circumstances may require. The order shall
specify the causes why the sale or encumbrance is necessary or beneficial, and
may direct that estate ordered sold be disposed of at either public or private sale,
subject to such conditions as to the time and manner of payment, and security
where a part of the payment is deferred, as in the discretion of the court are
deemed most beneficial to the ward. The original bond of the guardian shall
stand as security for the proper appropriation of the proceeds of the sale, but the
judge may, if deemed expedient, require an additional bond as a condition for the
granting of the order of sale. No order of sale granted in pursuance of this section
shall continue in force more than one (1) year after granting the same, without a
sale being had.
SECTION 5. Court May Order Investment of Proceeds and Direct Management
of Estate. The court may authorize and require the guardian to invest the
proceeds of sales or encumbrances, and any other of his ward's money in his
hands, in real estate or otherwise, as shall be for the best interest of all
concerned, and may make such other orders for the management, investment,
and disposition of the estate and effects, as circumstances may require.
RULE 96
General Powers and Duties of Guardians
SECTION 1. To What Guardianship Shall Extend. A guardian appointed shall
have the care and custody of the person of his ward, and the management of his
estate, or the management of the estate only, as the case may be. The guardian
of the estate of a nonresident shall have the management of all the estate of the
ward within the Philippines, and no court other than that in which such guardian
was appointed shall have jurisdiction over the guardianship.
SECTION 2. Guardian to Pay Debts of Ward. Every guardian must pay the
ward's just debts out of his personal estate and the income of his real estate, if
sufficient; if not, then out of his real estate upon obtaining an order for the sale or
encumbrance thereof.
SECTION 3. Guardian to Settle Accounts, Collect Debts, and Appear in Actions
for Ward. A guardian must settle all accounts of his ward, and demand, sue
for, and receive all debts due him, or may, with the approval of the court,
compound for the same and give discharges to the debtor, on receiving a fair and
just dividend of the estate and effects; and he shall appear for and represent his
ward in all actions and special proceedings, unless another person be appointed
for that purpose.
SECTION 4. Estate to Be Managed Frugally, and Proceeds Applied to
Maintenance of Ward. A guardian must manage the estate of his ward frugally
and without waste, and apply the income and profits thereof, so far as may be
necessary, to the comfortable and suitable maintenance of the ward and his
family, if there be any; and if such income and profits be insufficient for that
purpose, the guardian may sell or encumber the real estate, upon being
authorized by order so to do, and apply so much of the proceeds as may be
necessary to such maintenance.
SECTION 5. Guardian May Be Authorized to Join in Partition Proceedings After
Hearing. The court may authorize the guardian to join in an assent to a
partition of real or personal estate held by the ward jointly or in common with
others, but such authority shall only be granted after hearing, upon such notice to
relatives of the ward as the court may direct, and a careful investigation as to the
necessity and propriety of the proposed action.
SECTION 6. Proceedings When Person Suspected of Embezzling or Concealing
Property of Ward. Upon complaint of the guardian or ward, or of any person
having actual or prospective interest in the estate of the ward as creditor, heir, or
otherwise, that anyone is suspected of having embezzled, concealed, or
conveyed away any money, goods, or interest, or a written instrument, belonging
to the ward or his estate, the court may cite the suspected person to appear for
examination touching such money, goods, interest, or instrument, and make such
orders as will secure the estate against such embezzlement, concealment or
conveyance.
SECTION 7. Inventories and Accounts of Guardians, and Appraisement of
Estates. A guardian must render to the court an inventory of the estate of his
ward within three (3) months after his appointment, and annually after such
appointment an inventory and account, the rendition of any of which may be
compelled upon the application of an interested person. Such inventories and
accounts shall be sworn to by the guardian. All the estate of the ward described
in the first inventory shall be appraised. In the appraisement the court may
request the assistance of one or more of the inheritance tax appraisers. And
whenever any property of the ward not included in an inventory already rendered
is discovered, or succeeded to, or acquired by the ward, like proceedings shall
be had for securing an inventory and appraisement thereof within three (3)
months after such discovery, succession, or acquisition.
SECTION 8. When Guardian's Accounts Presented for Settlement. Expenses
and Compensation Allowed. Upon the expiration of a year from the time of his
appointment, and as often thereafter as may be required, a guardian must
present his account to the court for settlement and allowance. In the settlement
of the account, the guardian, other than a parent, shall be allowed the amount of
his reasonable expenses incurred in the execution of his trust and also such
compensation for his services as the court deems just, not exceeding fifteen per
centum of the net income of the ward.
RULE 97
 Termination of Guardianship
SECTION 1. Petition that Competency of Ward Be Adjudged, and Proceedings
Thereupon. A person who has been declared incompetent for any reason, or
his guardian, relative, or friend, may petition the court to have his present
competency judicially determined. The petition shall be verified by oath, and shall
state that such person is then competent. Upon receiving the petition, the court
shall fix a time for hearing the questions raised thereby, and cause reasonable
notice thereof to be given to the guardian of the person so declared incompetent,
and to the ward. On the trial, the guardian or relatives of the ward, and, in the
discretion of the court, any other person, may contest the right to the relief
demanded, and witnesses may be called and examined by the parties or by the
court on its own motion. If it be found that the person is no longer incompetent,
his competency shall be adjudged and the guardianship shall cease.
SECTION 2. When Guardian Removed or Allowed to Resign. New Appointment.
When a guardian becomes insane or otherwise incapable of discharging his
trust or unsuitable therefor, or has wasted or mismanaged the estate, or failed for
thirty (30) days after it is due to render an account or make a return, the court
may, upon reasonable notice to the guardian, remove him, and compel him to
surrender the estate of the ward to the person found to be lawfully entitled
thereto. A guardian may resign when it appears proper to allow the same; and
upon his resignation or removal the court may appoint another in his place.
SECTION 3. Other Termination of Guardianship. The marriage or voluntary
emancipation of a minor ward terminates the guardianship of the person of the
ward, and shall enable the minor to administer his property as though he were of
age, but he cannot borrow money or alienate or encumber real property without
the consent of his father or mother, or guardian. He can sue and be sued in court
only with the assistance of his father, mother or guardian. The guardian of any
person may be discharged by the court when it appears, upon the application of
the ward or otherwise, that the guardianship is no longer necessary.
SECTION 4. Record to Be Kept by the Justice of the Peace or Municipal Judge.
When a justice of the peace or municipal court takes cognizance of the
proceedings in pursuance of the provisions of these rules, the record of the
proceedings shall be kept as in the court of first instance.
SECTION 5. Service of Judgment. Final orders or judgments under this rule
shall be served upon the civil registrar of the municipality or city where the minor
or incompetent person resides or where his property or part thereof is situated.
RULE 98
Trustees
SECTION 1. Where Trustee Appointed. A trustee necessary to carry into
effect the provisions of a will or written instrument shall be appointed by the Court
of First Instance in which the will was allowed, if it be a will allowed in the
Philippines, otherwise by the Court of First Instance of the province in which the
property, or some portion thereof, affected by the trust is situated.
SECTION 2. Appointment and Powers of Trustee Under Will. Executor of Former
Trustee Need Not Administer Trust. If a testator has omitted in his will to
appoint a trustee in the Philippines, and if such appointment is necessary to carry
into effect the provisions of the will, the proper Court of First Instance may, after
notice to all persons interested, appoint a trustee who shall have the same rights,
powers, and duties, and in whom the estate shall vest, as if he had been
appointed by the testator. No person succeeding to a trust as executor or
administrator of a former trustee shall be required to accept such trust.
SECTION 3. Appointment and Powers of New Trustee Under Written Instrument.
When a trustee under a written instrument declines, resigns, dies, or is
removed before the objects of the trust are accomplished, and no adequate
provision is made in such instrument for supplying the vacancy, the proper Court
of First Instance may, after due notice to all persons interested, appoint a new
trustee to act alone or jointly with the others, as the case may be. Such new
trustee shall have and exercise the same powers, rights, and duties as if he had
been originally appointed, and the trust estate shall vest in him in like manner as
it had vested or would have vested, in the trustee in whose place he is
substituted; and the court may order such conveyance to be made by the former
trustee or his representatives, or by the other remaining trustees, as may be
necessary or proper to vest the trust estate in the new trustee, either alone or
jointly with the others.
SECTION 4. Proceedings Where Trustee Appointed Abroad. When land in the
Philippines is held in trust for persons resident here by a trustee who derives his
authority from without the Philippines, such trustee shall, on petition filed in the
Court of First Instance of the province where the land is situated, and after due
notice to all persons interested, be ordered to apply to the court for appointment
as trustee; and upon his neglect or refusal to comply with such order, the court
shall declare such trust vacant, and shall appoint a new trustee in whom the trust
estate shall vest in like manner as if he had been originally appointed by such
court.
SECTION 5. Trustee Must File Bond. Before entering on the duties of his
trust, a trustee shall file with the clerk of the court having jurisdiction of the trust a
bond in the amount fixed by the judge of said court, payable to the Government
of the Philippines and sufficient and available for the protection of any party in
interest, and a trustee who neglects to file such bond shall be considered to have
declined or resigned the trust; but the court may until further order exempt a
trustee under a will from giving a bond when the testator has directed or
requested such exemption, and may so exempt any trustee when all persons
beneficially interested in the trust, being of full age, request the exemption. Such
exemption may be cancelled by the court at any time, and the trustee required to
forthwith file a bond.
SECTION 6. Conditions Included in Bond. The following conditions shall be
deemed to be a part of the bond whether written therein or not:
(a) That the trustee will make and return to the court, at such time
as it may order, a true inventory of all the real and personal
estate belonging to him as trustee, which at the time of the
making of such inventory shall have come to his possession
or knowledge;
(b) That he will manage and dispose of all such estate, and
faithfully discharge his trust in relation thereto, according to
law and the will of the testator or the provisions of the
instrument or order under which he is appointed;
(c) That he will render upon oath at least once a year until his trust
is fulfilled, unless he is excused therefrom in any year by the
court, a true account of the property in his hands and of the
management and disposition thereof, and will render such
other accounts as the court may order;
(d) That at the expiration of his trust he will settle his accounts in
court and pay over and deliver all the estate remaining in his
hands, or due from him on such settlement, to the person or
persons entitled thereto.
But when the trustee is appointed as a successor to a prior trustee, the court may
dispense with the making and return of an inventory, if one has already been
filed, and in such case the condition of the bond shall be deemed to be altered
accordingly.
SECTION 7. Appraisal. Compensation of Trustee. When an inventory is
required to be returned by a trustee, the estate and effects belonging to the trust
shall be appraised and the court may order one or more inheritance tax
appraisers to assist in the appraisement. The compensation of the trustee shall
be fixed by the court, if it be not determined in the instrument creating the trust.
SECTION 8. Removal or Resignation of Trustee. The proper Court of First
Instance may, upon petition of the parties beneficially interested and after due
notice to the trustee and hearing, remove a trustee if such removal appears
essential in the interests of the petitioners. The court may also, after due notice
to all persons interested, remove a trustee who is insane or otherwise incapable
of discharging his trust or evidently unsuitable therefor. A trustee, whether
appointed by the court or under a written instrument, may resign his trust if it
appears to the court proper to allow such resignation.
SECTION 9. Proceedings for Sale or Encumbrance of Trust Estate. When the
sale or encumbrance of any real or personal estate held in trust is necessary or
expedient, the court having jurisdiction of the trust may, on petition and after due
notice and hearing, order such sale or encumbrance to be made, and the
reinvestment and application of the proceeds thereof in such manner as will best
effect the objects of the trust. The petition, notice, hearing, order of sale or
encumbrance, and record of proceedings, shall conform as nearly as may be to
the provisions concerning the sale or encumbrance by guardians of the property
of minors or other wards.
RULE 99
Adoption and Custody of Minors
SECTION 1. Venue. A person desiring to adopt another or have the custody
of a minor shall present his petition to the Court of First Instance of the province,
or the municipal or justice of the peace court of the city or municipality in which
he resides.
In the City of Manila, the proceedings shall be instituted in the Juvenile and
Domestic Relations Court.
SECTION 2. Contents of Petition. The petition for adoption shall contain the
same allegations required in a petition for guardianship, to wit:
(a) The jurisdictional facts;
(b) The qualifications of the adopter;
(c) That the adopter is not disqualified by law;
(d) The name, age, and residence of the person to be adopted and
of his relatives or of the persons who have him under their
care;
(e) The probable value and character of the estate of the person to
be adopted.
SECTION 3. Consent to Adoption. There shall be filed with the petition a
written consent to the adoption signed by the child, if fourteen years of age or
over and not incompetent, and by the child's spouse, if any, and by each of its
known living parents who is not insane or hopelessly intemperate or has not
abandoned such child, or if there are no such parents by the general guardian or
guardian ad litem of the child, or if the child is in the custody of an orphan
asylum, children's home, or benevolent society or person, by the proper officer or
officers of such asylum, home, or society, or by such person; but if the child is
illegitimate and has not been recognized, the consent of its father to the adoption
shall not be required.
If the person to be adopted is of age, only his or her consent and that of the
spouse, if any, shall be required.
SECTION 4. Order for Hearing. If the petition and consent filed are sufficient
in form and substance, the court, by an order reciting the purpose of the petition,
shall fix a date and place for the hearing thereof, which date shall not be more
than six (6) months after the entry of the order, and shall direct that a copy of the
order be published before the hearing at least once a week for three (3)
successive weeks in some newspaper of general circulation published in the
province, as the court shall deem best.
SECTION 5. Hearing and Judgment. Upon satisfactory proof in open court on
the date fixed in the order that such order has been published as directed, that
the allegations of the petition are true, and that it is a proper case for adoption
and the petitioner or petitioners are able to bring up and educate the child
properly, the court shall adjudge that thenceforth the child is freed from all legal
obligations of obedience and maintenance with respect to its natural parents,
except the mother when the child is adopted by her husband, and is, to all legal
intents and purposes, the child of the petitioner or petitioners, and that its
surname is changed to that of the petitioner or petitioners. The adopted person or
child shall thereupon become the legal heir of his parents by adoption and shall
also remain the legal heir of his natural parents. In case of the death of the
adopted person or child, his parents and relatives by nature, and not by adoption,
shall be his legal heirs.
cda

SECTION 6. Proceedings as to Child Whose Parents are Separated. Appeal.

When husband and wife are divorced or living separately and apart from each
other, and the question as to the care, custody, and control of a child or children
of their marriage is brought before a Court of First Instance by petition or as an
incident to any other proceeding, the court, upon hearing the testimony as may
be pertinent, shall award the care, custody, and control of each such child as will
be for its best interest, permitting the child to choose which parent it prefers to
live with if it be over ten years of age, unless the parent so chosen be unfit to
take charge of the child by reason of moral depravity, habitual drunkenness,
incapacity, or poverty. If, upon such hearing, it appears that both parents are
improper persons to have the care, custody, and control of the child, the court
may either designate the paternal or maternal grandparent of the child, or his
oldest brother or sister, or some reputable and discreet person to take charge of
such child, or commit it to any suitable asylum, children's home, or benevolent
society. The court may in conformity with the provisions of the Civil Code order
either or both parents to support or help support said child, irrespective of who
may be its custodian, and may make any order that is just and reasonable
permitting the parent who is deprived of its care and custody to visit the child or
have temporary custody thereof. Either parent may appeal from an order made in
accordance with the provisions of this section. No child under seven years of age
shall be separated from its mother, unless the court finds there are compelling
reasons therefor.
SECTION 7. Proceedings as to Vagrant or Abused Child. When the parents of
any minor child are dead, or by reason of long absence or legal or physical
disability have abandoned it, or cannot support it through vagrancy, negligence,
or misconduct, or neglect or refuse to support it, or treat it with excessive
harshness or give it corrupting orders, counsels, or examples, or cause or allow it
to engage in begging, or to commit offenses against the law, the proper Court of
First Instance, upon petition filed by some reputable resident of the province
setting forth the facts, may issue an order requiring such parents to show cause,
or, if the parents are dead or cannot be found, requiring the fiscal of the province
to show cause, at a time and place fixed in the order, why the child should not be
taken from its parents, if living; and if upon the hearing it appears that the
allegations of the petition are true, and that it is for the best interest of the child,
the court may make an order taking it from its parents, if living; and committing it
to any suitable orphan asylum, children's home, or benevolent society or person
to be ultimately placed, by adoption or otherwise, in a home found for it by such
asylum, children's home, society or person.
SECTION 8. Service of Judgment. Final orders or judgments under this rule
shall be served by the clerk upon the civil registrar of the city or municipality
wherein the court issuing the same is situated.
RULE 100
Rescission and Revocation of Adoption
SECTION 1. Who May File Petition; Grounds. A minor or other incapacitated
person may, through a guardian or guardian ad litem, petition for the rescission
or revocation of his or her adoption for the same causes that authorize the
deprivation of parental authority.
The adopter may, likewise, petition the court for the rescission or revocation of
the adoption in any of these cases:
(a) If the adopted person has attempted against the life of the
adopter;
(b) When the adopted minor has abandoned the home of the
adopter for more than three (3) years;
 (c) When by other acts the adopted person has repudiated the
adoption.
SECTION 2. Order to Answer. The court in which the petition is filed shall
issue an order requiring the adverse party to answer the petition within fifteen
(15) days from receipt of a copy thereof. The order and a copy of the petition
shall be served on the adverse party in such manner as the court may direct.
SECTION 3. Judgment. If upon trial, on the day set therefor, the court finds
that the allegations of the petition are true, it shall render judgment ordering the
rescission or revocation of the adoption, with or without costs, as justice requires.
SECTION 4. Service of Judgment. A certified copy of the judgment rendered
in accordance with the next preceding section shall be served upon the civil
registrar concerned, within thirty (30) days from rendition thereof, who shall
forthwith enter the action taken by the court in the register.
SECTION 5. Time Within Which to File Petition. A minor or other incapacitated
person must file the petition for rescission or revocation of adoption within the
five (5) years following his majority, or if he was incompetent at the time of the
adoption, within the five (5) years following the recovery from such
incompetency.
The adopter must also file the petition to set aside the adoption within five (5)
years from the time the cause or causes giving rise to the rescission or
revocation of the same took place.
RULE 101
Proceedings for Hospitalization of Insane Persons
SECTION 1. Venue. Petition for Commitment. A petition for the commitment of
a person to a hospital or other place for the insane may be filed with the Court of
First Instance of the province where the person alleged to be insane is found.
The petition shall be filed by the Director of Health in all cases where, in his
opinion, such commitment is for the public welfare, or for the welfare of said
person who, in his judgment, is insane, and such person or the one having
charge of him is opposed to his being taken to a hospital or other place for the
insane.
SECTION 2. Order for Hearing. If the petition filed is sufficient in form and
substance, the court, by an order reciting the purpose of the petition, shall fix a
date for the hearing thereof, and copy of such order shall be served on the
person alleged to be insane, and to the one having charge of him, or on such of
his relatives residing in the province or city as the judge may deem proper. The
court shall furthermore order the sheriff to produce the alleged insane person, if
possible, on the date of the hearing.
SECTION 3. Hearing and Judgment. Upon satisfactory proof, in open court on
the date fixed in the order, that the commitment applied for is for the public
welfare or for the welfare of the insane person, and that his relatives are unable
for any reason to take proper custody and care of him, the court shall order his
commitment to such hospital or other place for the insane as may be
recommended by the Director of Health. The court shall make proper provisions
for the custody of property or money belonging to the insane until a guardian be
properly appointed.
SECTION 4. Discharge of Insane. When, in the opinion of the Director of
Health, the person ordered to be committed to a hospital or other place for the
insane is temporarily or permanently cured, or may be released without danger
he may file the proper petition with the Court of First Instance which ordered the
commitment.
SECTION 5. Assistance of Fiscal in the Proceeding. It shall be the duty of the
provincial fiscal or in the City of Manila the fiscal of the city, to prepare the
petition for the Director of Health and represent him in court in all proceedings
arising under the provisions of this rule.
RULE 102
Habeas Corpus
SECTION 1. To What Habeas Corpus Extends. Except as otherwise
expressly provided by law, the writ of habeas corpus shall extend to all cases of
illegal confinement or detention by which any person is deprived of his liberty, or
by which the rightful custody of any person is withheld from the person entitled
thereto.
SECTION 2. Who May Grant the Writ. The writ of habeas corpus may be
granted by the Supreme Court, or any member thereof, on any day and at any
time, or by the Court of Appeals or any member thereof in the instances
authorized by law, and if so granted it shall be enforceable anywhere in the
Philippines, and may be made returnable before the court or any member
thereof, or before a Court of First Instance, or any judge thereof for hearing and
decision on the merits. It may also be granted by a Court of First Instance, or a
judge thereof, on any day and at any time, and returnable before himself,
enforceable only within his judicial district.
SECTION 3. Requisites of Application Therefor. Application for the writ shall
be by petition signed and verified either by the party for whose relief it is
intended, or by some person on his behalf, and shall set forth:
(a) That the person in whose behalf the application is made is
imprisoned or restrained of his liberty;
 (b) The officer or name of the person by whom he is so imprisoned
or restrained; or, if both are unknown or uncertain, such
officer or person may be described by an assumed
appellation, and the person who is served with the writ shall
be deemed the person intended;
(c) The place where he is so imprisoned or restrained, if known;
(d) A copy of the commitment or cause of detention of such
person, if it can be procured without impairing the efficiency
of the remedy; or, if the imprisonment or restraint is without
any legal authority, such fact shall appear.
SECTION 4. When Writ Not Allowed or Discharge Authorized. If it appears
that the person alleged to be restrained of his liberty is in the custody of an officer
under process issued by a court or judge or by virtue of a judgment or order of a
court of record, and that the court or judge had jurisdiction to issue the process,
render the judgment, or make the order, the writ shall not be allowed; or if the
jurisdiction appears after the writ is allowed, the person shall not be discharged
by reason of any informality or defect in the process, judgment, or order. Nor
shall anything in this rule be held to authorize the discharge of a person charged
with or convicted of an offense in the Philippines, or of a person suffering
imprisonment under lawful judgment.
SECTION 5. When the Writ Must Be Granted and Issued. A court or judge
authorized to grant the writ must, when a petition therefor is presented and it
appears that the writ ought to issue, grant the same forthwith, and immediately
thereupon the clerk of the court shall issue the writ under the seal of the court; or
in case of emergency, the judge may issue the writ under his own hand, and may
depute any officer or person to serve it.
SECTION 6. To Whom Writ Directed, and What to Require. In case of
imprisonment or restraint by an officer, the writ shall be directed to him, and shall
command him to have the body of the person restrained of his liberty before the
court or judge designated in the writ at the time and place therein specified. In
case of imprisonment or restraint by a person not an officer, the writ shall be
directed to an officer, and shall command him to take and have the body of the
person restrained of his liberty before the court or judge designated in the writ at
the time and place therein specified, and to summon the person by whom he is
restrained then and there to appear before said court or judge to show the cause
of the imprisonment or restraint.
SECTION 7. How Prisoner Designated and Writ Served. The person to be
produced should be designated in the writ by his name, if known, but if his name
is not known he may be otherwise described or identified. The writ may be
served in any province by the sheriff or other proper officer, or by a person
deputed by the court or judge. Service of the writ shall be made by leaving the
original with the person to whom it is directed and preserving a copy on which to
make return of service. If that person cannot be found, or has not the prisoner in
his custody, then the service shall be made on any other person having or
exercising such custody.
SECTION 8. How Writ Executed and Returned. The officer to whom the writ is
directed shall convey the person so imprisoned or restrained, and named in the
writ, before the judge allowing the writ, or, in case of his absence or disability,
before some other judge of the same court, on the day specified in the writ,
unless, from sickness or infirmity of the person directed to be produced, such
person cannot, without danger, be brought before the court or judge; and the
officer shall make due return of the writ, together with the day and the cause of
the caption and restraint of such person according to the command thereof.
SECTION 9. Defect of Form. No writ of habeas corpus can be disobeyed for
defect of form, if it sufficiently appears therefrom in whose custody or under
whose restraint the party imprisoned or restrained is held and the court or judge
before whom he is to be brought.
SECTION 10. Contents of Return. When the person to be produced is
imprisoned or restrained by an officer, the person who makes the return shall
state therein, and in other cases the person in whose custody the prisoner is
found shall state, in writing to the court or judge before whom the writ is
returnable, plainly and unequivocably:
(a) Whether he has or has not the party in his custody or power, or
under restraint;
(b) If he has the party in his custody or power, or under restraint,
the authority and the true and whole cause thereof, set forth
at large, with a copy of the writ, order, execution, or other
process, if any, upon which the party is held;
(c) If the party is in his custody or power or is restrained by him,
and is not produced, particularly the nature and gravity of the
sickness or infirmity of such party by reason of which he
cannot, without danger, be brought before the court or judge;
(d) If he has had the party in his custody or power, or under
restraint, and has transferred such custody or restraint to
another, particularly to whom, at what time, for what cause,
and by what authority such transfer was made.
SECTION 11. Return to Be Signed and Sworn to. The return or statement
shall be signed by the person who makes it; and shall also be sworn to by him if
the prisoner is not produced, and in all other cases unless the return is made and
signed by a sworn public officer in his official capacity.
SECTION 12. Hearing on Return. Adjournments. When the writ is returned
before one judge, at a time when the court is in session, he may forthwith adjourn
the case into the court, there to be heard and determined. The court or judge
before whom the writ is returned or adjourned must immediately proceed to hear
and examine the return, and such other matters as are properly submitted for
consideration, unless for good cause shown the hearing is adjourned, in which
event the court or judge shall make such order for the safekeeping of the person
imprisoned or restrained as the nature of the case requires. If the person
imprisoned or restrained is not produced because of his alleged sickness or
infirmity, the court or judge must be satisfied that it is so grave that such person
cannot be produced without danger, before proceeding to hear and dispose of
the matter. On the hearing the court or judge shall disregard matters of form and
technicalities in respect to any warrant or order of commitment of a court or
officer authorized to commit by law.
SECTION 13. When the Return Evidence, and When Only a Plea. If it appears
that the prisoner is in custody under a warrant of commitment in pursuance of
law, the return shall be considered prima facie evidence of the cause of restraint;
but if he is restrained of his liberty by any alleged private authority, the return
shall be considered only as a plea of the facts therein set forth, and the party
claiming the custody must prove such facts.
SECTION 14. When Person Lawfully Imprisoned Recommitted, and When Let to
Bail. If it appears that the prisoner was lawfully committed, and is plainly and
specifically charged in the warrant of commitment with an offense punishable by
death, he shall not be released, discharged, or bailed. If he is lawfully imprisoned
or restrained on a charge of having committed an offense not so punishable, he
may be recommitted to imprisonment or admitted to bail in the discretion of the
court or judge. If he be admitted to bail, he shall forthwith file a bond in such sum
as the court or judge deems reasonable, considering the circumstances of the
prisoner and the nature of the offense charged, conditioned for his appearance
before the court where the offense is properly cognizable to abide its order or
judgment; and the court or judge shall certify the proceedings, together with the
bond, forthwith to the proper court. If such bond is not so filed, the prisoner shall
be recommitted to confinement.
SECTION 15. When Prisoner Discharged if No Appeal. When the court or
judge has examined into the cause of caption and restraint of the prisoner, and is
satisfied that he is unlawfully imprisoned or restrained, he shall forthwith order his
discharge from confinement, but such discharge shall not be effective until a
copy of the order has been served on the officer or person detaining the prisoner.
If the officer or person detaining the prisoner does not desire to appeal, the
prisoner shall be forthwith released.
SECTION 16. Penalty for Refusing to Issue Writ, or for Disobeying the Same.
A clerk of a court who refuses to issue the writ after allowance thereof and
demand therefor, or a person to whom a writ is directed, who neglects or refuses
to obey or make return of the same according to the command thereof, or makes
false return thereof, or who, upon demand made by or on behalf of the prisoner,
refuses to deliver to the person demanding, within six (6) hours after the demand
therefor, a true copy of the warrant or order of commitment, shall forfeit to the
party aggrieved the sum of one thousand pesos, to be recovered in a proper
action, and may also be punished by the court or judge as for contempt.
SECTION 17. Person Discharged Not to Be Again Imprisoned. A person who
is set at liberty upon a writ of habeas corpus shall not be again imprisoned for the
same offense unless by the lawful order or process of a court having jurisdiction
of the cause or offense; and a person who knowingly, contrary to the provisions
of this rule, recommits or imprisons, or causes to be committed or imprisoned, for
the same offense, or pretended offense, any person so set at liberty, or
knowingly aids or assists therein, shall forfeit to the party aggrieved the sum of
one thousand pesos, to be recovered in a proper action, notwithstanding any
colorable pretense or variation in the warrant of commitment, and may also be
punished by the court or judge granting the writ as for contempt.
SECTION 18. When Prisoner May Be Removed From One Custody to Another.
A person committed to prison, or in custody of an officer, for any criminal
matter, shall not be removed therefrom into the custody of another officer unless
by legal process, or the prisoner be delivered to an inferior officer to carry to jail,
or, by order of the proper court or judge, be removed from one place to another
within the Philippines for trial, or in case of fire, epidemic, insurrection, or other
necessity or public calamity; and a person who, after such commitment, makes,
signs, or countersigns any order for such removal contrary to this section, shall
forfeit to the party aggrieved the sum of one thousand pesos, to be recovered in
a proper action.
SECTION 19. Record of Writ, Fees and Costs. The proceedings upon a writ
of habeas corpus shall be recorded by the clerk of the court, and upon the final
disposition of such proceedings the court or judge shall make such order as to
costs as the case requires. The fees of officers and witnesses shall be included
in the costs taxed, but no officer or person shall have the right to demand
payment in advance of any fees to which he is entitled by virtue of the
proceedings. When a person confined under color of proceedings in a criminal
case is discharged, the costs shall be taxed against the Republic of the
Philippines, and paid out of its Treasury; when a person in custody by virtue or
under color of proceedings in a civil case is discharged, the costs shall be taxed
against him, or against the person who signed the application for the writ, or
both, as the court shall direct.
RULE 103
Change of Name
SECTION 1. Venue. A person desiring to change his name shall present the
petition to the Court of First Instance of the province in which he resides, or, in
the City of Manila, to the Juvenile and Domestic Relations Court.
SECTION 2. Contents of Petition. A petition for change of name shall be
signed and verified by the person desiring his name changed, or some other
person on his behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of the
province where the petition is filed for at least three (3) years
prior to the date of such filing;
(b) The cause for which the change of the petitioner's name is
sought;
(c) The name asked for.
SECTION 3. Order for Hearing. If the petition filed is sufficient in form and
substance, the court, by an order reciting the purpose of the petition, shall fix a
date and place for the hearing thereof, and shall direct that a copy of the order be
published before the hearing at least once a week for three (3) successive weeks
in some newspaper of general circulation published in the province, as the court
shall deem best. The date set for the hearing shall not be within thirty (30) days
prior to an election nor within four (4) months after the last publication of the
notice.
SECTION 4. Hearing. Any interested person may appear at the hearing and
oppose the petition. The Solicitor General or the proper provincial or city fiscal
shall appear on behalf of the Government of the Republic. dctai

SECTION 5. Judgment. Upon satisfactory proof in open court on the date

fixed in the order that such order has been published as directed and that the
allegations of the petition are true, the court shall, if proper and reasonable cause
appears for changing the name of the petitioner, adjudge that such name be
changed in accordance with the prayer of the petition.
SECTION 6. Service of Judgment. Judgments or orders rendered in
connection with this rule shall be furnished the civil registrar of the municipality or
city where the court issuing the same is situated, who shall forthwith enter the
same in the civil register.
RULE 104
 Voluntary Dissolution of Corporations
SECTION 1. Where, by Whom and on What Showing Application Made. A
petition for dissolution of a corporation shall be filed in the Court of First Instance
of the province where the principal office of a corporation is situated. The petition
shall be signed by a majority of its board of directors or other officers having the
management of its affairs, verified by its president or secretary or one of its
directors, and shall set forth all claims and demands against it, and that its
dissolution was resolved upon by a majority of the members, or, if a stock
corporation, by the affirmative vote of the stockholders holding and representing
two-thirds of all shares of stock issued or subscribed, at a meeting of its
members or stockholders called for that purpose.
SECTION 2. Order Thereupon for Filing Objections. If the petition is sufficient
in form and substance, the court, by an order reciting the purpose of the petition,
shall fix a date on or before which objections thereto may be filed by any person,
which date shall not be less than thirty (30) nor more than sixty (60) days after
the entry of the order. Before such date a copy of the order shall be published at
least once a week for four (4) successive weeks in some newspaper of general
circulation published in the municipality or city where the principal office of the
corporation is situated, or, if there be no such newspaper, then in some
newspaper of general circulation in the Philippines, and a similar copy shall be
posted for four (4) weeks in three public places in such municipality or city.
SECTION 3. Hearing, Dissolution, and Disposition of Assets. Receiver. Upon
five (5) days' notice given after the date on which the right to file objections as
fixed in the order expired, the court shall proceed to hear the petition and try any
issue made by objections filed; and if no such objection is sufficient, and the
material allegations of the petition are true, it shall render judgment dissolving the
corporation and directing such disposition of its assets as justice requires, and
may appoint a receiver to collect such assets and pay the debts of the
corporation.
SECTION 4. What Shall Constitute Record. The petition, orders, proof of
publication and posting, objections filed, declaration of dissolution, and any
evidence taken, shall constitute the record in the case.
RULE 105
Judicial Approval of Voluntary Recognition of Minor Natural Children
SECTION 1. Venue. Where judicial approval of a voluntary recognition of a
minor natural child is required, such child or his parents shall obtain the same by
filing a petition to that effect with the Court of First Instance of the province in
which the child resides. In the City of Manila, the petition shall be filed in the
Juvenile and Domestic Relations Court.
SECTION 2. Contents of Petition. The petition for judicial approval of a
voluntary recognition of a minor natural child shall contain the following
allegations:
(a) The jurisdictional facts;
(b) The names and residences of the parents who acknowledged
the child, or of either of them, and their compulsory heirs,
and the person or persons with whom the child lives;
(c) The fact that the recognition made by the parent or parents took
place in a statement before a court of record or in an
authentic writing, copy of the statement or writing being
attached to the petition.
SECTION 3. Order for Hearing. Upon the filing of the petition, the court, by an
order reciting the purpose of the same, shall fix the date and place for the
hearing thereof, which date shall not be more than six (6) months after the entry
of the order, and shall, moreover, cause a copy of the order to be served
personally or by mail upon the interested parties, and published once a week for
three (3) consecutive weeks, in a newspaper or newspapers of general
circulation in the province.
SECTION 4. Opposition. Any interested party must, within fifteen (15) days
from service, or from the last date of publication, of the order referred to in the
next preceding section, file his opposition to the petition, stating the grounds or
reasons therefor.
SECTION 5. Judgment. If, from the evidence presented during the hearing,
the court is satisfied that the recognition of the minor natural child was willingly
and voluntarily made by the parent or parents concerned, and that the
recognition is for the best interest of the child, it shall render judgment granting
judicial approval of such recognition.
SECTION 6. Service of Judgment Upon Civil Registrar. A copy of the
judgment rendered in accordance with the preceding section shall be served
upon the civil registrar whose duty it shall be to enter the same in the register.
RULE 106
Constitution of Family Home
SECTION 1. Who May Constitute. The head of a family owning a house and
the land on which it is situated may constitute the same into a family home by
filing a verified petition to that effect with the Court of First Instance of the
province or city were the property is located. In the City of Manila, the petition
shall be filed in the Juvenile and Domestic Relations Court.
When there is danger that a person obliged to give support may lose his or her
fortune because of grave mismanagement or on account of riotous living, his or
her spouse, if any, and a majority of those entitled to be supported by him or by
her may petition the Court of First Instance for the creation of the family home.
SECTION 2. Contents of Petition. The petition shall contain the following
particulars:
(a) Description of the property;
(b) An estimate of its actual value;
(c) A statement that the petitioner is actually residing in the
premises;
(d) The encumbrances thereon;
(e) The names and addresses of all the creditors of the petitioner
or head of the family and of all mortgagees and other
persons who have an interest in the property;
(f) The names of all the beneficiaries of the family home.
SECTION 3. Notice and Publication. The court shall notify the creditors,
mortgagees and all other persons who have an interest in the estate, of the filing
of the petition, causing copies thereof to be served upon them, and published
once a week for three (3) consecutive weeks in a newspaper of general
circulation. The petition shall, moreover, be caused to be posted in a
conspicuous place in the parcel of land mentioned therein, and also in a
conspicuous place of the municipal building of the municipality or city in which
the land is situated, for at least fourteen (14) days prior to the day of the hearing.
SECTION 4. Objection and Date of Hearing. In the notice and publication
required in the preceding section, the court shall require the interested parties to
file their objection to the petition within a period of not less than thirty (30) days
from receipt of notice or from the date of last publication, and shall fix the date
and time of the hearing of the petition.
SECTION 5. Order. After hearing, if the court finds that the actual value of the
proposed family home does not exceed twenty thousand pesos, or thirty
thousand pesos in chartered cities, and that no third person is prejudiced
thereby, or that creditors have been given sufficient security for their credits, the
petition shall be approved.
SECTION 6. Registration of Order. A certified copy of the order of the court
approving the establishment of the family home shall be furnished the register of
deeds who shall record the same in the registry of property.
RULE 107
 Absentees
SECTION 1. Appointment of Representative. When a person disappears from
his domicile, his whereabouts being unknown, and without having left an agent to
administer his property, or the power conferred upon the agent has expired, any
interested party, relative or friend, may petition the Court of First Instance of the
place where the absentee resided before his disappearance, for the appointment
of a person to represent him provisionally in all that may be necessary. In the
City of Manila, the petition shall be filed in the Juvenile and Domestic Relations
Court.
SECTION 2. Declaration of Absence; Who May Petition. After the lapse of two
(2) years from his disappearance and without any news about the absentee or
since the receipt of the last news, or of five (5) years in case the absentee has
left a person in charge of the administration of his property, the declaration of his
absence and appointment of a trustee or administrator may be applied for by any
of the following:
(a) The spouse present;
(b) The heirs instituted in a will, who may present an authentic
copy of the same;
(c) The relatives who would succeed by the law of intestacy; and
(d) Those who have over the property of the absentee some right
subordinated to the condition of his death.
SECTION 3. Contents of Petition. The petition for the appointment of a
representative, or for the declaration of absence and the appointment of a trustee
or an administrator, must show the following:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs instituted in the
will, copy of which shall be presented, and of the relatives
who would succeed by the law of intestacy;
(c) The names and residences of creditors and others who may
have any adverse interest over the property of the absentee;
(d) The probable value, location and character of the property
belonging to the absentee.
SECTION 4. Time of Hearing; Notice and Publication Thereof. When a petition
for the appointment of a representative, or for the declaration of absence and the
appointment of a trustee or administrator, is filed, the court shall fix a date and
place for the hearing thereof where all concerned may appear to contest the
petition.
Copies of the notice of the time and place fixed for the hearing shall be served
upon the known heirs, legatees, devisees, creditors and other interested
persons, at least ten (10) days before the day of the hearing, and shall be
published once a week for three (3) consecutive weeks prior to the time
designated for the hearing, in a newspaper of general circulation in the province
or city where the absentee resides, as the court shall deem best.
SECTION 5. Opposition. Anyone appearing to contest the petition shall state
in writing his grounds therefor, and serve a copy thereof on the petitioner and
other interested parties on or before the date designated for the hearing.
SECTION 6. Proof at Hearing; Order. At the hearing, compliance with the
provisions of section 4 of this rule must first be shown. Upon satisfactory proof of
the allegations in the petition, the court shall issue an order granting the same
and appointing the representative, trustee or administrator for the absentee. The
judge shall take the necessary measures to safeguard the rights and interests of
the absentee and shall specify the powers, obligations and remuneration of his
representative, trustee or administrator, regulating them by the rules concerning
guardians.
In case of declaration of absence, the same shall not take effect until six (6)
months after its publication in a newspaper of general circulation designated by
the court and in the Official Gazette.
SECTION 7. Who May Be Appointed. In the appointment of a representative,
the spouse present shall be preferred when there is no legal separation. If the
absentee left no spouse, or if the spouse present is a minor or otherwise
incompetent, any competent person may be appointed by the court.
In case of declaration of absence, the trustee or administrator of the absentee's
property shall be appointed in accordance with the preceding paragraph.
SECTION 8. Termination of Administration. The trusteeship or administration
of the property of the absentee shall cease upon order of the court in any of the
following cases:
(a) When the absentee appears personally or by means of an
agent;
(b) When the death of the absentee is proved and his testate or
intestate heirs appear;
(c) When a third person appears, showing by a proper document
that he has acquired the absentee's property by purchase or
other title.
In these cases the trustee or administrator shall cease in the performance of his
office, and the property shall be placed at the disposal of those who may have a
right thereto.
RULE 108
Cancellation or Correction of Entries in the Civil Registry
SECTION 1. Who May File Petition. Any person interested in any act, event,
order or decree concerning the civil status of persons which has been recorded
in the civil register, may file a verified petition for the cancellation or correction of
any entry relating thereto, with the Court of First Instance of the province where
the corresponding civil registry is located.
SECTION 2. Entries Subject to Cancellation or Correction. Upon good and
valid grounds, the following entries in the civil register may be cancelled or
corrected: (a) births; (b) marriages; (c) deaths; (d) legal separations; (e)
judgments of annulments of marriage; (f) judgments declaring marriages void
from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of
natural children; (j) naturalization; (k) election, loss or recovery of citizenship; (l)
civil interdiction; (m) judicial determination of filiation; (n) voluntary emancipation
of a minor; and (o) changes of name.
SECTION 3. Parties. When cancellation or correction of an entry in the civil
register is sought, the civil registrar and all persons who have or claim any
interest which would be affected thereby shall be made parties to the proceeding.
SECTION 4. Notice and Publication. Upon the filing of the petition, the court
shall, by an order, fix the time and place for the hearing of the same, and cause
reasonable notice thereof to be given to the persons named in the petition. The
court shall also cause the order to be published once a week for three (3)
consecutive weeks in a newspaper of general circulation in the province.
SECTION 5. Opposition. The civil registrar and any person having or claiming
any interest under the entry whose cancellation or correction is sought may,
within fifteen (15) days from notice of the petition, or from the last date of
publication of such notice, file his opposition thereto.
SECTION 6. Expediting Proceedings. The court in which the proceeding is
brought may make orders expediting the proceedings, and may also grant
preliminary injunction for the preservation of the rights of the parties pending
such proceedings.
SECTION 7. Order. After hearing, the court may either dismiss the petition or
issue an order granting the cancellation or correction prayed for. In either case, a
certified copy of the judgment shall be served upon the civil registrar concerned
who shall annotate the same in his record.
 RULE 109
Appeals in Special Proceedings
SECTION 1. Orders or Judgments From Which Appeals May Be Taken. An
interested person may appeal in special proceedings from an order or judgment
rendered by a Court of First Instance or a Juvenile and Domestic Relations
Court, where such order or judgment:
(a) Allows or disallows a will;
(b) Determines who are the lawful heirs of a deceased person, or
the distributive share of the estate to which such person is
entitled;
(c) Allows or disallows, in whole or in part, any claim against the
estate of a deceased person, or any claim presented on
behalf of the estate in offset to a claim against it;
(d) Settles the account of an executor, administrator, trustee or
guardian;
(e) Constitutes, in proceedings relating to the settlement of the
estate of a deceased person, or the administration of a
trustee or guardian, a final determination in the lower court of
the rights of the party appealing, except that no appeal shall
be allowed from the appointment of a special administrator;
and
(f) Is the final order or judgment rendered in the case, and affects
the substantial rights of the person appealing, unless it be an
order granting or denying a motion for a new trial or for
reconsideration.
SECTION 2. Advance Distribution in Special Proceedings. Notwithstanding a
pending controversy or appeal in proceedings to settle the estate of a decedent,
the court may, in its discretion and upon such terms as it may deem proper and
just, permit that such part of the estate as may not be affected by the controversy
or appeal be distributed among the heirs or legatees, upon compliance with the
conditions set forth in Rule 90 of these rules.
PART III
Criminal Procedure
RULE 110
Prosecution of Offenses
SECTION 1. Commencement of Criminal Action. All criminal actions must be
commenced either by complaint or information in the name of the People of the
Philippines against all persons who appear to be responsible therefor.
SECTION 2. Complaint Defined. Complaint is a sworn written statement
charging a person with an offense, subscribed by the offended party, any peace
officer or other employee of the government or governmental institution in charge
of the enforcement or execution of the law violated.
SECTION 3. Information Defined. An information is an accusation in writing
charging a person with an offense subscribed by the fiscal and filed with the
court.
SECTION 4. Who Must Prosecute Criminal Actions. All criminal actions either
commenced by complaint or by information shall be prosecuted under the
direction and control of the fiscal.
The crimes of adultery and concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse. The offended party cannot institute
criminal prosecution without including both the guilty parties, if they are both
alive, nor, in any case, if he shall have consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be
prosecuted except upon a complaint filed by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the offender has been expressly
pardoned by the above-named persons, as the case may be.
The offended party, even if she were a minor, has the right to institute the
prosecution for the above offenses, independently of her parents, grandparents
or guardian, unless she is incompetent or incapable of doing so upon grounds
other than her minority. Where the offended party who is a minor fails to file the
complaint, her parents, grandparents or guardians, may file the same. The right
to file the action granted to the parents, grandparents or guardians shall be
exclusive of all other persons and shall be exercised successively in the order
herein provided.
No criminal action for defamation which consists in the imputation of an offense
mentioned above, shall be brought except at the instance of and upon complaint
filed by the offended party.
SECTION 5. Sufficiency of Complaint or Information. A complaint or
information is sufficient if it states the name of the defendant; the designation of
the offense by the statute; the acts or omissions complained of as constituting
the offense; the name of the offended party; the approximate time of the
commission of the offense, and the place wherein the offense was committed.
When an offense is committed by more than one person, all of them shall be
included in the complaint or information.
SECTION 6. Name of the Defendant. A complaint or information must state
the name and surname of the defendant or any appellation or nickname by which
he has been or is known, or if his name cannot be discovered he must be
described under a fictitious name with a statement that his true name is
unknown.
If in the course of the proceeding the true name of the defendant is disclosed by
him, or appears in some other manner to the court, the court shall cause the true
name of the defendant to be inserted in the complaint or information and record.
SECTION 7. Designation of the Offense. Whenever possible, a complaint or
information should state the designation given to the offense by the statute,
besides the statement of the acts or omissions constituting the same, and if there
is no such designation, reference should be made to the section or subsection of
the statute punishing it.
SECTION 8. Cause of Accusation. The acts or omissions complained of as
constituting the offense must be stated in ordinary and concise language without
repetition, not necessarily in the terms of the statute defining the offense, but in
such form as is sufficient to enable a person of common understanding to know
what offense is intended to be charged, and enable the court to pronounce
proper judgment.
SECTION 9. Place of the Commission of the Offense. The complaint or
information is sufficient if it can be understood therefrom that the offense was
committed or some of the essential ingredients thereof occurred at some place
within the jurisdiction of the court, unless the particular place wherein it was
committed constitutes an essential element of the offense or is necessary for
identifying the offense charged. prcd

SECTION 10. Time of the Commission of the Offense. It is not necessary to

state in the complaint or information the precise time at which the offense was
committed except when time is a material ingredient of the offense, but the act
may be alleged to have been committed at any time as near to the actual date at
which the offense was committed as the information or complaint will permit.
SECTION 11. Name of the Offended Party. A complaint or information must
state the name and surname of the person against whom or against whose
property the offense was committed, or any appellation or nickname by which
such person has been or is known, and if there is no better way of identifying
him, he must be described under a fictitious name.
(a) In case of offenses against property, if the name of the
offended party is unknown, the property, subject matter of
 the offense, must be described with such particularity as to
properly identify the particular offense charged.
(b) If in the course of the trial the true name of the person against
whom or against whose property the offense was committed
is disclosed or ascertained, the court must cause the true
name to be inserted in the complaint or information, or
record.
(c) If the offended party is a corporation or any other juridical
person, it is sufficient to state the name of such corporation
or juridical person, or any name or designation by which it
has been or is known, or by which it may be identified,
without necessity of averring that it is a corporation, or that it
is organized in accordance with law.
SECTION 12. Duplicity of Offense. A complaint or information must charge but
one offense, except only in those cases in which existing laws prescribe a single
punishment for various offenses.
SECTION 13. Amendment. The information or complaint may be amended, in
substance or form, without leave of court, at any time before the defendant
pleads; and thereafter and during the trial as to all matters of form, by leave and
at the discretion of the court, when the same can be done without prejudice to
the rights of the defendant.
If it appears at any time before judgment that a mistake has been made in
charging the proper offense, the court may dismiss the original complaint or
information and order the filing of a new one charging the proper offense,
provided the defendant would not be placed thereby in double jeopardy, and may
also require the witnesses to give bail for their appearance at the trial.
SECTION 14. Place Where Action Is to Be Instituted. (a) In all criminal
prosecutions the action shall be instituted and tried in the court of the municipality
or province wherein the offense was committed or any one of the essential
ingredients thereof took place.
(b) Where an offense is committed on a railroad train, in an aircraft, or in any
other public or private vehicle while in the course of its trip, the criminal action
may be instituted and tried in the court of any municipality or province through
which such train, aircraft or other vehicle passed during such trip.
(c) Where an offense is committed on board a vessel registered or licensed in
accordance with the laws of the Philippines, in the course of its voyage, the
criminal action may be instituted and tried in the proper court of the first port of
entry or of any municipality or province through which the vessel passed during
such voyage.
(d) Other crimes committed outside of the Philippines but punishable therein
under Article 2 of the Revised Penal Code shall be cognizable by the first Court
of First Instance in which the charge is filed.
SECTION 15. Intervention of the Offended Party in Criminal Action. Unless
the offended party has waived the civil action or expressly reserved the right to
institute it separately from the criminal action, and subject to the provisions of
section 4 hereof, he may intervene, personally or by attorney, in the prosecution
of the offense.
RULE 111
Prosecution of Civil Action
SECTION 1. Institution of Criminal and Civil Actions. When a criminal action is
instituted, the civil action for recovery of civil liability arising from the offense
charged is impliedly instituted with the criminal action, unless the offended party
expressly waives the civil action or reserves his right to institute it separately.
SECTION 2. Independent Civil Action. In the cases provided for in Articles 31,
32, 33, and 34 and 2177 of the Civil Code of the Philippines, an independent civil
action entirely separate and distinct from the criminal action, may be brought by
the injured party during the pendency of the criminal case, provided the right is
reserved as required in the preceding section. Such civil action shall proceed
independently of the criminal prosecution, and shall require only a
preponderance of evidence.
SECTION 3. Other Civil Actions Arising From Offenses. In all cases not
included in the preceding section the following rules shall be observed:
(a) Criminal and civil actions arising from the same offense may be
instituted separately, but after the criminal action has been
commenced the civil action can not be instituted until final
judgment has been rendered in the criminal action;
(b) After a criminal action has been commenced, no civil action
arising from the same offense can be prosecuted, and the
same shall be suspended, in whatever stage it may be
found, until final judgment in the criminal proceeding has
been rendered;
(c) Extinction of the penal action does not carry with it extinction of
the civil, unless the extinction proceeds from a declaration in
a final judgment that the fact from which the civil might arise
did not exist. In other cases, the person entitled to the civil
action may institute it in the jurisdiction and in the manner
provided by law against the person who may be liable for
 restitution of the thing and reparation or indemnity for the
damage suffered.
SECTION 4. Judgment in Civil Action Not a Bar. A final judgment rendered in
a civil action absolving the defendant from civil liability is no bar to a criminal
action.
SECTION 5. Suspension by Reason of Pre-judicial Question. A petition for the
suspension of the criminal action based upon the pendency of a pre-judicial
question in a civil case, may only be presented by any party before or during the
trial of the criminal action.
RULE 112
Preliminary Investigation
SECTION 1. Preliminary Examination. Preliminary examination is a previous
inquiry or examination made before the arrest of the accused by a judge or
officer authorized to conduct the same, with whom a complaint or information has
been filed imputing the commission of an offense cognizable by the Court of First
Instance, for the purpose of determining whether there is a reasonable ground to
believe that an offense has been committed and the accused is probably guilty
thereof, so that a warrant of arrest may be issued and the accused held for trial.
SECTION 2. Officers Authorized to Conduct Preliminary Examination. Every
justice of the peace, municipal judge, city or provincial fiscal, shall have authority
to conduct preliminary examination or investigation in accordance with these
rules of all offenses alleged to have been committed within his municipality, city
or province, cognizable by the Court of First Instance.
The justice of the peace of the provincial capital or of the municipality in which
the provincial jail is located, when directed by an order of the Court of First
Instance, shall have authority to conduct such preliminary examination or
investigation of any offense committed anywhere within his province at the
expense of the municipality wherein the same was committed.
SECTION 3. Preliminary Examination by the Municipal Mayor. In case of
temporary absence of both the justice of the peace and the auxiliary justice from
the municipality, town, or place wherein they exercise their jurisdiction, the
municipal mayor shall make the preliminary examination in criminal cases when
such examination cannot be delayed without prejudice to the interest of justice.
He shall make a report of any preliminary examination so made to the justice of
the peace or to the auxiliary justice immediately upon the return of one or the
other. He shall have authority in such cases to order the arrest of the defendant
and to grant him bail in the manner and cases provided for in Rule 114.
SECTION 4. Summoning Witnesses. Every person making complaint charging
the commission of an offense must inform the judge or the corresponding officer
of all persons whom he believes to have any knowledge of its commission; the
said judge or officer shall issue subpoena for such persons, requiring them to
attend at a specified time and place as witnesses.
SECTION 5. Duty of Judge, Fiscal or Other Officer Conducting Preliminary
Examination. The justice of the peace, the municipal judge, the fiscal or the
municipal mayor who conducts the preliminary examination as provided in these
rules must take under oath, either in the presence or absence of the accused, the
testimony of the complainant and his witnesses. The testimony of the
complainant and his witnesses shall be reduced to writing and signed by them.
SECTION 6. Warrant of Arrest, When Issued. If the judge be satisfied from the
preliminary examination conducted by him or by the investigating officer that the
offense complained of has been committed and that there is reasonable ground
to believe that the accused has committed it, he must issue a warrant or order for
his arrest.
SECTION 7. Admission to Bail When Arrest Occurs Outside of the Jurisdiction of
the Court. Upon issuing the order of arrest, the judge shall ascertain whether
the defendant is within or without his jurisdiction. In the latter case, if the offense
charged is one which admits bail, he shall issue an order fixing the amount
thereof and authorizing any justice of the peace or judge of a Court of First
Instance where the defendant may be found or arrested to accept such bail. The
officer making the arrest shall take the accused before a judge or other official of
such province having authority to admit to bail, who shall admit the defendant to
bail for his appearance before the judge who issued the warrant, and release
him, and inform the judge who issued the order of arrest of his action, forwarding
the papers in the case.
SECTION 8. Procedure When Bail Not Given or When Offense Admits No Bail.
If the offense charged in the complaint is not bailable, or if on the admission to
bail of the person arrested as provided in section 7, bail is not forthwith given, the
officer who made the arrest shall take the person arrested before the judge or
before some other person in authority, who issued the warrant as directed
therein.
SECTION 9. When Summons Instead of Warrant of Arrest Issued. When the
defendant is charged with violation of some law or ordinance and the penalty
provided for such violation is arresto menor or imprisonment for not over one (1)
month or a fine of not more than two hundred pesos or both, the judge shall not
issue any warrant or order for the arrest of the defendant, but shall order the
latter to appear on the day and hour fixed in the order to answer to the complaint
or information, unless the defendant is a recidivist, or fugitive from justice, or is
charged with physical injuries, or does not reside in the place where the violation
of the law or ordinance was committed, or has no known residence. But the
judge may order that a defendant charged with such offense be arrested and not
released except upon furnishing bail.
SECTION 10. Right of Accused to Preliminary Investigation After Arrest. After
the arrest of the accused and his delivery to the court, he shall be informed of the
complaint or information filed against him. He shall be given access to the
testimony and evidence presented against him at the preliminary examination,
and, if he desires to testify or to present witnesses or evidence in his favor, he
shall be allowed to do so. The testimony of the witnesses presented at this
investigation need not be reduced to writing but that of the accused shall be
taken in writing and subscribed by him.
In cases triable in the justice of the peace or municipal courts, the accused shall
not be entitled as a matter of right to a preliminary investigation in accordance
with this section.
SECTION 11. Sending for Attorney. At any time during the proceedings
referred to in the preceding section the defendant, if he so requests, shall be
allowed to have the services of an attorney. For this purpose, the judge or
corresponding officer may require any peace officer to deliver any message from
the defendant to any attorney requesting the latter's services.
SECTION 12. Transmission of Record. Upon the conclusion of the preliminary
investigation, the judge or corresponding officer shall transmit without delay to
the clerk of the Court of First Instance having jurisdiction of the offense the
record of the case, including (a) the warrant, if the arrest was by virtue of a
warrant, and the written testimony in support of the same; (b) an abstract of the
testimony of the witnesses at the preliminary investigation; (c) the undertaking or
bail of the accused; (d) the person of the accused if not on bail; and (e) his
findings from the preliminary investigation.
SECTION 13. Preliminary Examination and Investigation by the Judge of the
Court of First Instance. Upon complaint filed directly with the Court of First
Instance, without previous preliminary examination and investigation conducted
by the fiscal, the judge thereof shall either refer the complaint to the justice of the
peace referred to in the second paragraph of section 2 hereof for preliminary
examination and investigation, or himself conduct both preliminary examination
and investigation simultaneously in the manner provided in the preceding
sections, and should he find reasonable ground to believe that the defendant has
committed the offense charged, he shall issue a warrant for his arrest, and
thereafter refer the case to the fiscal for the filing of the corresponding
information.
SECTION 14. Preliminary Examination and Investigation by Provincial or City
Fiscal or by State Attorney in Cases Cognizable by the Court of First Instance.
Except where an investigation has been conducted by a judge of first instance,
justice of the peace or other officer in accordance with the provisions of the
preceding sections, no information for an offense cognizable by the Court of First
Instance shall be filed by the provincial or city fiscal, or state attorney, without
first giving the accused a chance to be heard in a preliminary investigation
conducted by him or by his assistant by issuing a corresponding subpoena. If the
accused appears the investigation shall be conducted in his presence and he
shall have the right to be heard, to cross-examine the complainant and his
witnesses, and to adduce evidence in his favor. If he cannot be subpoenaed, or if
subpoenaed he does not appear before the fiscal, the investigation shall proceed
without him.
The fiscal or state attorney shall certify under oath in the information to be filed
by him that the defendant was given a chance to appear in person or by counsel
at said examination and investigation.
SECTION 15. Investigation of Persons in Custody. Where the accused is
detained without a warrant for his arrest, he may ask for a preliminary
investigation by a proper officer in accordance with the preceding sections, but
he must sign a waiver of the provisions of Article 125 of the Revised Penal Code,
as amended. Notwithstanding such waiver the investigation must be terminated
within seven (7) days from its inception.
If the case has already been filed in court and no preliminary investigation has
been conducted by the fiscal because the accused has not made the waiver
referred to in the preceding paragraph, the accused may, within a period of five
(5) days from the time he learns of the filing of the information, ask for a
reinvestigation thereof with the same right to cross-examine the witnesses
against him and adduce evidence in his favor.
SECTION 16. Investigation for Prosecution Under Anti-Subversion Act. No
prosecution for violation of the Anti-Subversion Act shall be made unless the city
or provincial fiscal, or any special attorney or prosecutor duly designated by the
Secretary of Justice, as the case may be, finds after due investigation of the
facts, that aprima facie case for violation of said Act exists against the accused,
and thereafter presents an information in court against the said accused in due
form, and certifies under oath that he has conducted a proper preliminary
investigation thereof, with notice, whenever it is possible to give the same, to the
party concerned, who shall have the right to be represented by counsel, to testify,
to have compulsory process for obtaining witnesses in his favor, and to cross-
examine witnesses against him: Provided, That the preliminary investigation of
any offense defined and penalized under the Anti-Subversion Act by prision
mayor to death shall be conducted by the proper Court of First Instance.
 RULE 113
Arrest
SECTION 1. Definition of Arrest. Arrest is the taking of a person into custody
in order that he may be forthcoming to answer for the commission of an offense.
SECTION 2. Arrest How Made. An arrest is made by an actual restraint of
the person to be arrested, or by his submission to the custody of the person
making the arrest.
No unnecessary or unreasonable force shall be used in making an arrest, and
the person arrested shall not be subject to any greater restraint than is necessary
for his detention.
SECTION 3. Execution of Warrant. It shall be the duty of an officer to whom
the warrant of arrest is delivered to arrest the defendant and without unnecessary
delay take the person arrested before the judge or before some other person in
authority who issued the warrant as directed therein.
SECTION 4. Execution of Warrant Outside of the Province. Warrant of arrest
issued by the justice of the peace cannot be served or executed outside his
province, unless the judge of the Court of First Instance of the district or, in his
absence, the provincial fiscal shall certify that in his opinion the interest of justice
requires such service. Warrant issued by the judge of the Court of First Instance
or of any other superior court may be served or executed anywhere within the
Philippines.
SECTION 5. Arrest Upon Order of a Judge. When an offense is committed in
the presence of a judge acting as such, he may, by an oral or written order,
command any person immediately to arrest the offender, and may thereupon
proceed as though the offender had been brought before him on a warrant of
arrest.
SECTION 6. Arrest Without Warrant When Lawful. A peace officer or a
private person may, without a warrant, arrest a person:
(a) When the person to be arrested has committed, is actually
committing, or is about to commit an offense in his presence;
(b) When an offense has in fact been committed, and he has
reasonable ground to believe that the person to be arrested
has committed it;
(c) When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending,
 or has escaped while being transferred from one
confinement to another.
SECTION 7. Time of Making Arrest. An arrest may be made on any day and
at any time of the day or night.
SECTION 8. Method of Arrest by Officer by Virtue of Warrant. When making
an arrest by virtue of a warrant the officer shall inform the person to be arrested
of the cause of the arrest and of the fact that a warrant has been issued for his
arrest, except when he flees or forcibly resists before the officer has opportunity
so to inform him, or when the giving of such information will imperil the arrest.
The officer need not have the warrant in his possession at the time of the arrest
but after the arrest, if the person arrested so requires, the warrant shall be shown
to him as soon as practicable.
SECTION 9. Method of Arrest by Officer Without Warrant. When making an
arrest without a warrant, the officer shall inform the person to be arrested of his
authority and the cause of the arrest, unless the person to be arrested is then
engaged in the commission of an offense, or is pursued immediately after its
commission or after an escape, or flees or forcibly resists before the officer has
opportunity so to inform him, or when the giving of such information will imperil
the arrest.cda

SECTION 10. Method of Arrest by Private Person. A private person when

making an arrest shall inform the person to be arrested of the intention to arrest
him and cause of the arrest, unless the person to be arrested is then engaged in
the commission of an offense, or is pursued immediately after its commission or
after an escape, or flees or forcibly resists before the person making the arrest
has opportunity so to inform him, or when the giving of such information will
imperil the arrest.
SECTION 11. Officer May Summon Assistance. Any officer making a lawful
arrest may orally summon as many persons as he deems necessary to aid him in
making the arrest. Every person so summoned by an officer shall aid him in the
making of such arrest, when he can render such aid without detriment to himself.
SECTION 12. Right of Officer to Break Into Building. An officer, in order to
make an arrest either by virtue of a warrant, or when authorized to make such
arrest for an offense without a warrant, as provided in section 6, may break open
a door or window or any building in which the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto, after he has
announced his authority and purpose.
SECTION 13. Right to Break Door or Window to Effect Release. Whenever an
officer or private person has entered a building in accordance with the provisions
of the preceding section, he may break open a door or window of the building, if
detained therein, when necessary for the purpose of liberating himself.
SECTION 14. Right to Break Into Building in Order to Effect Release of Person
Making Arrest Detained Therein. A peace officer or a private person may
break open a door or window of any building when necessary for the purpose of
liberating a person who entered the building in accordance with the provisions of
section 12 and is detained therein.
SECTION 15. Arrest After Escape or Rescue. If a person lawfully arrested
escapes or is rescued, the person from whose custody he escaped or was
rescued may immediately pursue and retake him without a warrant at any time
and in any place within the Philippines.
SECTION 16. Method of Recapture. To retake the person escaping or
rescued, the person from whose custody he escaped who is lawfully pursuing
may use the same means as are authorized for an arrest.
SECTION 17. Duty of Person Making Arrest Without Warrant. Any person
making arrest for legal ground shall, without unnecessary delay and within the
time prescribed in Article 125 of the Revised Penal Code, as amended, take the
person arrested to the proper court or judge for such action as they may deem
proper to take.
SECTION 18. Right of Attorney to Visit Person Arrested. Any attorney entitled
to practice in the courts of the Philippines shall, at the request of the person
arrested or of another acting in his behalf, have the right to visit and confer
privately with such person, in the jail or any other place of custody at any hour of
the day or, in urgent cases, of the night.
RULE 114
Bail
SECTION 1. Bail Defined. Bail is the security required and given for the
release of a person who is in the custody of the law, that he will appear before
any court in which his appearance may be required as stipulated in the bail bond
or recognizance.
SECTION 2. Condition of the Bail. The condition of the bail is that the
defendant shall answer the complaint or information in the court in which it is filed
or to which it may be transferred for trial, and after conviction, if the case is
appealed to the Court of First Instance upon application supported by an
undertaking or bail, that he will surrender himself in execution of such judgment
as the appellate court may render, or that, in case the cause is to be tried anew
or remanded for a new trial, he will appear in the court to which it may be
remanded and submit himself to the orders and processes thereof.
SECTION 3. Offenses Less Than Capital Before Conviction by the Court of First
Instance. After judgment by a justice of the peace and before conviction by the
Court of First Instance, the defendant shall be admitted to bail as of right.
SECTION 4. Non-Capital Offenses After Conviction by the Court of First
Instance. After conviction by the Court of First Instance, defendant may, upon
application, be bailed at the discretion of the court.
SECTION 5. Capital Offense Defined. A capital offense, as the term is used in
this rule, is an offense which, under the law existing at the time of its commission,
and at the time of the application to be admitted to bail, may be punished by
death.
SECTION 6. Capital Offense Not Bailable. No person in custody for the
commission of a capital offense shall be admitted to bail if the evidence of his
guilt is strong.
SECTION 7. Capital Offense Burden of Proof . On the hearing of an
application for admission to bail made by any person who is in custody for the
commission of a capital offense, the burden of showing that evidence of guilt is
strong is on the prosecution. The evidence presented during such hearings in the
Court of First Instance shall be considered automatically reproduced at the trial,
without need of retaking the same; but, upon motion of either party, the court
may recall any witness for additional examination unless the witness is dead,
outside of the Philippines or otherwise unable to testify.
SECTION 8. Notice of Application to Fiscal. When admission to bail is a
matter of discretion, the court must require that reasonable notice of the hearing
of the application for bail be given to the fiscal.
SECTION 9. Qualification of Sureties. The necessary qualifications of sureties
to a bail bond shall be as follows:
(a) Each of them must be a resident householder or freeholder
within the Philippines;
(b) In case there are only two sureties, each must be worth the
amount specified in the undertaking over and above all just
debts, obligations and property exempt from execution; but
the court may allow two or more sureties to justify severally
in amounts less than that expressed in the undertaking, if the
entire sum justified to is equivalent to the whole amount of
bail demanded.
SECTION 10. Justification of Sureties. The sureties must in all cases justify by
affidavit taken before the judge, that they each possess the qualifications named
in the preceding section, and each may be required to describe in the affidavit
the property by which he proposes to justify and the encumbrances thereon, the
number and amount of other bonds and undertakings for bail entered into by him
and remaining undischarged, and all his other liabilities. The court may further
examine the sureties upon oath concerning their sufficiency in such manner as it
may deem proper.
SECTION 11. Release on Bail. The defendant must be discharged by the
court upon its acceptance of bail.
SECTION 12. Increase or Reduction of Bail. After a defendant shall have
been admitted to bail, the court may, upon good cause shown, either increase or
reduce the amount of the same. If increased, the defendant may be committed to
custody unless he gives bail in the increased amount he is called upon to furnish.
A defendant held to answer on a criminal charge but who is released without bail
on the filing of a complaint, may, at any subsequent stage of the proceedings
whenever it may satisfactorily appear to the court that he is the author of the
alleged offense, be required to give bail, or in lieu thereof may be committed to
prison.
SECTION 13. Bail on Appeal. Bail upon appeal must conform in all respects
as provided for in other cases of bail.
If the accused-appellant jumps bail or escapes confinement on appeal from the
justice of the peace court to the Court of First Instance, the appeal shall be
dismissed and the vacated judgment of the justice of the peace court shall be
revived.
SECTION 14. Deposit of Money as Bail. At any time after the amount of bail is
fixed by order, the defendant, instead of giving bail, may deposit with the nearest
collector of internal revenue, or provincial, city, or municipal treasurer the sum
mentioned in the order, and upon delivering to the court a proper certificate of the
deposit, must be discharged from custody. Money thus deposited, shall be
applied to the payment of the fine and costs for which judgment may be given;
and the surplus, if any, shall be returned to the defendant.
SECTION 15. Forfeiture of Bail. When the appearance of the defendant is
required by the court, his sureties shall be notified to produce him before the
court on a given date. If the defendant fails to appear as required, the bond is
declared forfeited and the bondsmen are given thirty (30) days within which to
produce their principal and to show cause why a judgment should not be
rendered against them for the amount of their bond. Within the said period of
thirty (30) days, the bondsmen (a) must produce the body of their principal or
give the reason for its non-production; and (b) must explain satisfactorily why the
defendant did not appear before the court when first required so to do. Failing in
these two requisites, a judgment shall be rendered against the bondsmen.
SECTION 16. Discharge of Sureties. Upon application filed with the court and
after due notice to the fiscal, the bail bond shall be cancelled and the sureties
discharged from liability (a) where the sureties so request upon surrender of the
defendant to the court; (b) where the defendant is re-arrested or ordered into
custody on the same charge or for the same offense; (c) where the defendant is
discharged by the court at any stage of the proceedings, or acquitted, or is
convicted and surrendered to serve the sentence; and (d) where the defendant
dies during the pendency of the action.
SECTION 17. Sureties May Arrest Defendant. For the purpose of surrendering
the defendant, the surety may arrest him, or on written authority endorsed on a
certified copy of the undertaking may cause him to be arrested by any police
officer or any other person of suitable age and discretion.
SECTION 18. No Bail After Final Judgment. No bail shall be allowed after the
judgment has become final, or after the accused has commenced to serve
sentence.
RULE 115
Rights of Defendant
SECTION 1. Rights of Defendant at the Trial. In all criminal prosecutions the
defendant shall be entitled:
(a) To be presumed innocent until the contrary is proved;
(b) To be present and defend in person and by attorney at every
stage of the proceedings, that is, from the arraignment to the
promulgation of the judgment;
(c) To be informed of the nature and cause of the accusation;
(d) To testify as witness in his own behalf. But if a defendant offers
himself as a witness he may be cross-examined as any
other witness. His neglect or refusal to be a witness shall not
in any manner prejudice or be used against him;
(e) To be exempt from being a witness against himself;
(f) To be confronted at the trial by, and to cross-examine the
witness against him. Where the testimony of a witness for
the prosecution has previously been taken down by question
and answer in the presence of the defendant or his attorney,
the defense having had an opportunity to cross-examine the
witness, the testimony or deposition of the latter may be
read, upon satisfactory proof to the court that he is dead or
 incapacitated to testify, or can not with due diligence be
found in the Philippines;
(g) To have compulsory process issued to secure the attendance
of witnesses in his behalf;
(h) To have a speedy and public trial;
(i) To have the right of appeal in all cases authorized by law.
RULE 116
Arraignment
SECTION 1. Arraignment How Made. The defendant must be arraigned
before the court in which the complaint or information has been filed unless the
cause shall have been transferred elsewhere for trial. The arraignment must be
made by the judge or clerk, and shall consist in reading the complaint or
information to the defendant and delivering to him a copy thereof, including a list
of witnesses, and asking him whether he pleads guilty or not guilty as charged.
The prosecution may, however, call at the trial witnesses other than those named
in the complaint or information.
SECTION 2. Presence of Defendant on Arraignment. If the charge is for an
offense within the jurisdiction of the Courts of First Instance, the defendant must
be personally present at the arraignment, and if for a light offense triable by the
justice of the peace or any other inferior courts of similar jurisdiction he may
appear by attorney.
SECTION 3. Duty of Court to Inform Defendant of His Right to Have Attorney.
If the defendant appears without attorney, he must be informed by the court that
it is his right to have attorney before being arraigned, and must be asked if he
desires the aid of attorney. If he desires and is unable to employ attorney, the
court must assign attorney de oficio to defend him. A reasonable time must be
allowed for procuring attorney.
SECTION 4. Who May Be Appointed Attorney De Oficio. The attorney so
employed or assigned must be a duly authorized member of the bar. The court,
considering the gravity of the offense and the difficulty of the questions that may
arise, shall appoint as counsel de oficio only such members of the bar as by
reason of their experience and ability may, in the court's opinion, adequately
defend the accused. But in localities were duly authorized members of the bar
are not available, the justice of the peace court may in its discretion, admit or
assign a person, resident in the province and of good repute for probity and
ability, to aid the defendant in his defense, although the person so admitted or
assigned be not a duly authorized member of the bar.
SECTION 5. Time for Counsel De Oficio to Prepare for Arraignment or Trial.
Whenever an attorney de oficio is employed or assigned by the court to defend
the accused either at the arraignment or at the trial, he shall be given a
reasonable time to consult with the accused and prepare his defense before
proceeding further in the case, which shall not be less than two (2) hours in case
of arraignment and two (2) days in case of trial, but the court may, for good
cause shown, shorten or extend the time.
SECTION 6. Bill of Particulars. Defendant may, at the time of or before
arraignment, move for or demand a more definite statement or a bill of particulars
of any matter which is not averred with sufficient definiteness or particularity to
enable him properly to plead or prepare for trial. The motion shall point out the
defects complained of and the details desired.
RULE 117
Motion to Quash
SECTION 1. Time to Move to Quash or Plead. Upon being arraigned the
defendant shall immediately, unless the court grants him further time, either
move to quash the complaint or information or plead thereto, or do both. If he
moves to quash, without pleading, and the motion is withdrawn or overruled he
shall immediately plead.
SECTION 2. Motion to Quash Grounds. The defendant may move to quash
the complaint or information on any of the following grounds:
(a) That the facts charged do not constitute an offense;
(b) That the court trying the cause has no jurisdiction of the offense
charged or of the person of the defendant;
(c) That the officer who has filed the information has no authority to
do so;
(d) That it does not conform substantially to the prescribed form;
(e) That more than one offense is charged except in those cases in
which existing laws prescribe a single punishment for
various offenses;
(f) That the criminal action or liability has been extinguished;
(g) That it contains averments which, if true, would constitute a
legal excuse or justification;
(h) That the defendant has been previously convicted or in
jeopardy of being convicted, or acquitted of the offense
charged;
 (i) That the defendant is insane.
If the motion to quash is based on an alleged defect in the complaint or
information which can be cured by amendment the court shall order the
amendment to be made and shall overrule the motion.
SECTION 3. Motion to Quash Form and Contents Failure to State
Objection Entry of Record Failure to Record. The motion to quash shall
be in writing signed by the defendant or his attorney. It shall specify distinctly the
ground of objection relied on and the court shall hear no objection other than that
stated in the motion. It shall be entered of record but a failure to so enter it shall
not affect the validity of any proceeding in the case.
SECTION 4. Contents of the Motion to Quash When Based on Extinction of
Criminal Liability. If the ground of the motion to quash is the extinction of
criminal liability, the motion shall state whether by amnesty, pardon or marriage
of the offender with the offended party in the cases where such pardon or
marriage extinguishes criminal liability, prescription of the offense or the penalty,
and the facts constituting such extinction.
SECTION 5. Contents of the Motion to Quash When Based on Former
Conviction or Acquittal or Former Jeopardy. If the ground of the motion to
quash is former conviction or former jeopardy of conviction or former acquittal of
the defendant of the same offense, the motion shall state the name under which
the defendant was convicted or in jeopardy of conviction or acquitted, the name
of the court in which he was convicted or in jeopardy or acquitted and the date
and place of such conviction or jeopardy or acquittal.
SECTION 6. Trial of issues arising on a motion to quash. The motion to quash
shall be heard immediately on its being made unless, for good cause, the court
postpone the hearing. All issues, whether of law or fact, which arise on a motion
to quash shall be tried by the court.
SECTION 7. Effect of Sustaining the Motion to Quash. If the motion to quash
is sustained the court may order that another information be filed. If such order is
made the defendant, if in custody, shall remain so unless he shall be admitted to
bail. If such order is not made or if having been made another information is not
filed within a time to be specified in the order, or within such further time as the
court may allow for good cause shown, the defendant, if in custody, shall be
discharged therefrom, unless he is in custody on some other charge.
SECTION 8. Order Sustaining the Motion to Quash Not a Bar to Another
Prosecution Exception. An order sustaining the motion to quash is not a bar
to another prosecution for the same offense unless the motion was based on the
grounds specified in section 2, subsections (f) and (h) of this rule.
SECTION 9. Former Conviction or Acquittal or Former Jeopardy. When a
defendant shall have been convicted or acquitted, or the case against him
dismissed or otherwise terminated without the express consent of the defendant,
by a court of competent jurisdiction, upon a valid complaint or information or
other formal charge sufficient in form and substance to sustain a conviction, and
after the defendant had pleaded to the charge, the conviction or acquittal of the
defendant or the dismissal of the case shall be a bar to another prosecution for
the offense charged, or for any attempt to commit the same or frustration thereof,
or for any offense which necessarily includes or is necessarily included in the
offense charged in the former complaint or information.
SECTION 10. Failure to Move to Quash Effect of Exception. If the
defendant does not move to quash the complaint or information before he pleads
thereto he shall be taken to have waived all objections which are grounds for a
motion to quash except when the complaint or information does not charge an
offense, or the court is without jurisdiction of the same. If, however, the defendant
learns after he has pleaded or has moved to quash on some other ground that
the offense for which he is now charged is an offense for which he has been
pardoned, or of which he has been convicted or acquitted or been in jeopardy,
the court may in its discretion entertain at any time before judgment a motion to
quash on the ground of such pardon, conviction, acquittal or jeopardy.
RULE 118
Pleas
SECTION 1. Defendant's Plea to the Complaint or Information. The defendant
shall plead to the complaint or information either by a plea of guilty or not guilty,
submitted in open court, and entered of record; but a failure so to enter it shall
not affect the validity of any proceeding in the cause.
SECTION 2. Refusal to Plead. If the defendant refuses to plead, a plea of not
guilty shall be entered for him.
SECTION 3. Plea of Guilty to Be Entered by Defendant Himself Except in Minor
Offenses. A plea of guilty can be put in only by the defendant himself in open
court, except where the charge is for a misdemeanor or a minor offense in which
the penalty that may be imposed is a fine not exceeding two hundred pesos
(P200), in which case the plea of guilty may be entered on defendant's behalf by
his authorized counsel.
SECTION 4. Plea of Guilty of Lesser Offense. The defendant, with the
consent of the court and of the fiscal, may plead guilty of any lesser offense than
that charged which is necessarily included in the offense charged in the
complaint or information.
SECTION 5. Plea of Guilty Determination of Punishment. Where the
defendant pleads guilty to a complaint or information, if the court accepts the plea
and has discretion as to the punishment for the offense, it may hear witnesses to
determine what punishment shall be imposed.
SECTION 6. Plea of Guilty Withdrawal of . The court may in its discretion at
any time before sentence permit a plea of guilty to be withdrawn. If judgment of
conviction has been entered thereon and the same has not become final, the
court may set aside such judgment, and allow a plea of not guilty, or, with the
consent of the fiscal, allow a plea of guilty of a lesser offense which is necessarily
included in the charge.
SECTION 7. Time to Prepare for Trial. After a plea of not guilty, except when
the case is on appeal from the justice of the peace, the defendant is entitled to at
least two (2) days to prepare for trial unless the court for good cause shown shall
allow further time.
SECTION 8. Production or Inspection of Material Evidence in Possession of
Prosecution. Upon motion of any defendant showing good cause therefor and
upon notice to all the parties, the court in which an action is pending may in its
discretion and to prevent unfair surprise, suppression, or alteration, order the
prosecution to produce and permit the inspection and copying or photographing,
by or on behalf of the moving party, of any written statements given by the
complainant and other witnesses in any investigation of the offense conducted by
the prosecution or by other investigating officers, as well as of any designated
documents, papers, books, accounts, letters, photographs, objects or tangible
things, not otherwise privileged, which constitute or contain evidence material to
any matter involved in the action, and which are in the possession or under the
control of the prosecution.
RULE 119
Trial
SECTION 1. Notice of Trial. Both parties shall be notified of the date set for
the trial of the case at least two (2) days before such date.
SECTION 2. Continuance or Postponement of the Trial. The court on the
application of either party or on its own motion, may in its discretion for good
cause postpone the trial of the case for such period of time as the ends of justice
and the right of the defendant to a speedy trial require.
SECTION 3. Order of Trial. The plea of not guilty having been entered, the
trial must proceed in the following order:
(a) The fiscal, on behalf of the People of the Philippines, must offer
evidence in support of the charges.
 (b) The defendant or his attorney may offer evidence in support of
the defense.
(c) The parties may then respectively offer rebutting evidence only,
unless the court, in furtherance of justice, permit them to
offer new additional evidence bearing upon the main issue in
question.
(d) When the introduction of evidence shall have been concluded,
unless the case is submitted to the court without argument,
the fiscal must open the argument, the attorney for the
defense must follow, and the fiscal may conclude the same.
The argument by either attorney may be oral or written, or
partly written, but only the written arguments, or such
portions of the same as may be in writing, shall be preserved
in the record of the case.
SECTION 4. Application for Examination of Witness for Defendant Before Trial.
When defendant has been held to answer for an offense, he may upon motion
with notice to all other parties have witnesses conditionally examined in his
behalf in the manner hereinafter provided, but not otherwise. The motion shall
state: (a) the name and residence of the witness; (b) the substance of his
testimony; and (c) that the witness is about to leave the province, or so sick or
infirm as to afford reasonable grounds for apprehending that he will not be able
to attend the trial, or resides more than 100 kilometers from the place of trial and
has no means to attend the same, or that other similar circumstances exist that
render him unable to attend or prevent him from attending, the trial. The motion
shall be supported by affidavit of the defendant and such other evidence as the
court may require.
SECTION 5. Examination of Witness How Made. If the court is satisfied
that the examination is necessary, an order will be made directing that the
witness be examined at a specified time and place, and that a copy of the order
be served on the fiscal within a given time prior to that fixed for the examination.
The examination will be taken before the judge ordering the same, or, if the order
be granted by a court of superior jurisdiction, before an inferior tribunal to be
designated in the order. The examination shall proceed notwithstanding the
absence of the fiscal, if it appears that he was duly notified of the hearing. The
testimony shall be reduced to writing.
SECTION 6. Bail to Secure Appearance of Witness for Prosecution. When the
judge of a Court of First Instance shall be satisfied, by proof or oath, that there is
reason to believe that a material witness for the prosecution will not appear and
testify when required, he may order the witness to give bail in such sum as he
may deem proper for such appearance. Upon refusal to give bail, the court must
commit him to prison until he complies or is legally discharged.
SECTION 7. Deposition of Witness for the Prosecution. Where, however, it
shall satisfactorily appear that the witness cannot procure bail, or is too sick or
infirm to appear at the trial, as directed by the order of the court, or has to leave
the Philippines with no definite date of returning thereto, he may forthwith be
conditionally examined or his deposition immediately taken. Such examination or
deposition must be by question and answer, in the presence of the defendant, or
after reasonable notice to attend the examination or the taking of the deposition
has been served on him, and will be conducted in the same manner as an
examination at the trial. Failure or refusal on the part of the defendant to attend
the examination or the taking of the deposition after notice hereinbefore provided,
shall be considered a waiver. The statement or deposition of the witness thus
taken may be admitted in behalf of or against the defendant. His testimony taken,
the witness must thereupon be discharged, if he has been detained.
SECTION 8. Trial of Joint Defendants. When two or more defendants are
jointly charged with any offense, they shall be tried jointly, unless the court in its
discretion upon motion of the fiscal or any defendant orders separate trials. In
ordering separate trials, the court may order that one or more defendants be
each separately tried and the others jointly tried, or may order that several
defendants be jointly tried in one trial and the others jointly tried in another trial or
trials, or may order that each defendant be separately tried.
SECTION 9. Discharge of One of Several Defendants to Be Witness for the
Prosecution. When two or more persons are charged with the commission of a
certain offense, the competent court, at any time before they have entered upon
their defense, may direct one or more of them to be discharged with the latter's
consent that he or they may be witnesses for the government when in the
judgment of the court:
(a) There is absolute necessity for the testimony of the defendant
whose discharge is requested;
(b) There is no other direct evidence available for the proper
prosecution of the offense committed, except the testimony
of said defendant;
(c) The testimony of said defendant can be substantially
corroborated in its material points;
(d) Said defendant does not appear to be the most guilty;
(e) Said defendant has not at any time been convicted of any
offense involving moral turpitude.
SECTION 10. One of Several Defendants Witness for Co-Defendant. When
two or more persons shall be included in the same charge, and the court shall be
of the opinion in respect to a particular defendant that there is not sufficient
evidence to put him on his defense, it must order him to be discharged before the
evidence is closed, that he may be a witness for his co-defendant. cdasia

SECTION 11. Discharge of Defendants Operate as Acquittal. The order

indicated in the two preceding sections shall amount to an acquittal of the
defendant discharged and shall be a bar to future prosecution for the same
offense, unless the defendant, in the case provided in section 9 fails or refuses to
testify against his co-defendant.
SECTION 12. When Mistake Has Been Made in Charging the Proper Offense.
When it appears at any time after trial has begun and before judgment is taken,
that a mistake has been made in charging the proper offense, and the defendant
cannot be convicted of the offense charged, nor of any other offense necessarily
included therein, the defendant must not be discharged, if there appears to be a
good cause to detain him in custody, but the court must commit him to answer for
the proper offense, and may also require the witnesses to give bail for their
appearance at the trial.
SECTION 13. Appointment of Acting Fiscal. When a fiscal, his assistant or
deputy shall be disqualified to act, for any of the reasons stated in section 1 of
Rule 137, or any other reasons, the judge or the fiscal shall communicate with
the Secretary of Justice in order that the latter may appoint an acting fiscal.
SECTION 14. Exclusion of the Public. The court may upon its own motion
exclude the public from the court room if the evidence to be produced during the
trial is of such a character as to be offensive to decency or public morals. The
court may also, upon request of the defendant, exclude from the trial every
person except the officers of the court and the attorneys for the prosecution and
defense.
SECTION 15. Consolidation of Trials of Related Offenses. Charges for
offenses founded on the same facts, or which form or are a part of a series of
offenses of the same or similar character may, in the discretion of the court, be
tried jointly.
RULE 120
Judgment or Sentence
SECTION 1. Judgment Defined. The term judgment as used in this rule
means the adjudication by the court that the defendant is guilty or is not guilty of
the offense charged, and the imposition of the penalty provided for by law on the
defendant, who pleads or is found guilty thereof.
SECTION 2. Form of Judgment. The judgment must be written in the official
language, personally and directly prepared by the judge and signed by him and
shall contain clearly and distinctly a statement of the facts proved or admitted by
the defendant and upon which the judgment is based. If it is of conviction the
judgment or sentence shall state (a) the legal qualification of the offense
constituted by the acts committed by the defendant, and the aggravating or
mitigating circumstances attending the commission thereof, if there is any; (b) the
participation of the defendant in the commission of the offense, whether as
principal, accomplice, or accessory after the fact; (c) the penalty imposed upon
the defendant; and (d) the civil liability or damages caused by the wrongful act to
be recovered from the defendant by the offended party, if there is any, unless the
enforcement of the civil liability by a separate action has been reserved.
SECTION 3. Judgment for Two or More Offenses. When two or more offenses
are charged in a single complaint or information, and the defendant fails to object
to it before trial, the court may convict the defendant of as many offenses as are
charged and proved, and impose on him the penalty for each and every one of
them, setting out separately the findings of fact and law in each case subject,
however, to the limitations provided for in the Revised Penal Code, as amended
by Commonwealth Act No. 217.
SECTION 4. Judgment in Case of Variance Between Allegation and Proof .
When there is variance between the offense charged in the complaint or
information, and that proved or established by the evidence, and the offense as
charged is included in or necessarily includes the offense proved, the defendant
shall be convicted of the offense proved included in that which is charged, or of
the offense charged included in that which is proved.
SECTION 5. When an Offense Includes or is Included in Another. An offense
charged necessarily includes that which is proved, when some of the essential
elements or ingredients of the former, as this is alleged in the complaint or
information, constitute the latter. And an offense charged is necessarily included
in the offense proved, when the essential ingredients of the former constitute or
form a part of those constituting the latter.
SECTION 6. Promulgation of Judgment. The judgment is promulgated by
reading the judgment or sentence in the presence of the defendant and any
judge of the court in which it was rendered. The defendant must be personally
present if the conviction is for a grave offense; if for a light offense, the judgment
may be pronounced in the presence of his attorney or representative. And when
the judge is absent or outside of the province or city, his presence is not
necessary and the judgment may be promulgated or read to the defendant by the
clerk of court.
If the defendant is confined or detained in another province or city, the judgment
of conviction may be promulgated by the judge of the Court of First Instance
having jurisdiction over the place of confinement or detention upon the request of
the court that rendered the judgment. The court promulgating the judgment shall
have authority to accept the notice of appeal and to approve the appeal bond.
SECTION 7. Modification of Judgment. A judgment of conviction may be
modified or set aside by the court rendering it before the judgment has become
final or appeal has been perfected. A judgment in a criminal case becomes final
after the lapse of the period for perfecting an appeal, or when the sentence has
been partially or totally satisfied or served, or the defendant has expressly
waived in writing his right to appeal.
SECTION 8. Entry of Judgment. After a judgment has become final, it shall be
entered in accordance with Rule 36.
SECTION 9. Existing Provisions Governing Suspension of Sentence, Probation
and Parole, Not Affected by This Rule. Nothing in this rule shall be construed
as affecting any existing provision in the law governing suspension of sentence,
probation or parole.
RULE 121
New Trial
SECTION 1. New Trial. At any time before a judgment of conviction becomes
final, the court may on motion of the defendant, or on its own motion with the
consent of the defendant, grant a new trial.
SECTION 2. Grounds for a New Trial. The court shall grant a new trial on any
of the following grounds:
(a) That errors of law or irregularities have been committed during
the trial prejudicial to the substantial rights of the defendant;
(b) That new and material evidence has been discovered which the
defendant could not with reasonable diligence have
discovered and produced at the trial, and which if introduced
and admitted, would probably change the judgment.
SECTION 3. Form of Motion and Notice to the Fiscal. The motion for a new
trial shall be in writing and filed with the court. It shall state the grounds on which
it is based. If it is based on newly discovered evidence, it must be supported by
the affidavits of the witnesses by whom such evidence is expected to be given, or
by duly authenticated copies of documents which it is proposed to introduce in
evidence. Notice of the motion shall be given to the fiscal.
SECTION 4. Hearing on Motion. Where a motion for a new trial calls for the
decision of any question of fact the court may hear evidence of such motion by
affidavits or otherwise.
SECTION 5. Effect of Granting a New Trial. The effect of granting a new trial
are the following:
(a) When a new trial is granted on the ground of errors of law or
irregularities committed during the trial, all the proceedings
and evidence not affected by the commission of such errors
and irregularities shall stand, but those affected thereby shall
be set aside and taken anew. The court may, in the interest
of justice, allow the introduction of additional evidence.
(b) When a new trial is granted on the ground of newly discovered
evidence, the evidence already taken shall stand, and the
newly discovered and such other evidence as the court may,
in the interest of justice, allow to be introduced, shall be
taken and considered together with the evidence already in
the record.
(c) In all cases, the original judgment shall be set aside and a new
judgment rendered, and the former shall not be used or
referred to in evidence or argument on the new trial.
RULE 122
Appeal
SECTION 1. Appeal. From all final judgments of the Court of First Instance or
courts of similar jurisdiction, and in all cases in which the law now provides for
appeals from said courts, an appeal may be taken to the Court of Appeals or to
the Supreme Court as hereinafter prescribed.
SECTION 2. Who May Appeal. The People of the Philippines can not appeal if
the defendant would be placed thereby in double jeopardy. In all other cases
either party may appeal from a final judgment or ruling or from an order made
after judgment affecting the substantial rights of the appellant.
SECTION 3. How Appeal Taken. An appeal shall be taken by filing with the
court in which the judgment or order was rendered a notice stating the appeal,
and by serving a copy thereof upon the adverse party or his attorney.
SECTION 4. Publication of Notice of Appeal. If personal service of the copy of
the notice of appeal can not be made upon the adverse party or his counsel, the
court may order the publication of the notice in some newspapers having general
circulation in the vicinity, at least once each week for a period not exceeding
thirty (30) days, and such publication shall be deemed equivalent to personal
service.
SECTION 5. Notice Waived. The appellee may waive his right to a notice that
an appeal has been taken. The appellate court may, in its discretion, entertain an
appeal notwithstanding failure to give such notice if the interests of justice so
require.
SECTION 6. When Appeal to Be Taken. An appeal must be taken within
fifteen (15) days from promulgation or notice of the judgment or order appealed
from. This period for perfecting an appeal shall be interrupted from the time a
motion for new trial is filed until notice of the order overruling the motion shall
have been served upon the defendant or his attorney.
SECTION 7. Transcribing and Filing Notes of Stenographic Reporter Upon
Appeal. When notice of appeal is filed by the defendant the trial court shall
direct the stenographic reporter to transcribe his notes of the proceedings. When
filed by the People of the Philippines the trial court shall direct the stenographic
reporter to transcribe such portion of his notes of the proceedings as the fiscal
shall specify in writing. The stenographer shall certify to the correctness of the
notes and the transcript thereof which shall consist of the original and four copies
and shall file the original and four copies of the transcript with the clerk without
unnecessary delay.
In case the death penalty is imposed, the court shall order the transcription of the
stenographic notes for transmittal to the Supreme Court, whether defendant has
appealed or not.
SECTION 8. Transmission of Papers to Appellate Court Upon Appeal. Upon
an appeal being taken, the clerk or judge of the court with whom the notice of
appeal shall have been filed, must, within five (5) days after the filing of the
notice, transmit to the clerk of the court to which the appeal is taken, the
complete record in the case together with the notice of the appeal. The original
and three copies of the transcript of the stenographic notes shall also be
transmitted to the clerk of the appellate court together with the record, or as soon
thereafter as possible. The other copy of the transcript shall remain in the lower
court.
SECTION 9. Transmission of Record in Case of Death Penalty. The records
of all cases in which the death penalty shall have been imposed by any Court of
First Instance, whether the defendant shall have appealed or not, shall be
forwarded to the Supreme Court for review and judgment as law and justice shall
dictate. The records of such cases shall be forwarded to the clerk of the Supreme
Court within twenty (20) days, but not earlier than fifteen (15) days, after rendition
of the sentence in the form prescribed by section 11 of Rule 41. The transcript
shall also be forwarded without unnecessary delay as provided in section 12 of
Rule 41.
SECTION 10. Appeal by Any One of the Several Defendants. When several
defendants are tried jointly, any one or more of them may make an appeal, but
those who do not join in the appeal shall not be affected thereby.
SECTION 11. Stay of Execution When Defendant Appeals. When the
defendant appeals the execution of the sentence is stayed upon the taking of the
appeal.
SECTION 12. Withdrawal of Appeal. Notwithstanding the perfection of the
appeal, the Court of First Instance may allow the appellant to withdraw his appeal
before the record has been forwarded by the clerk of the court to the appellate
court as provided in section 8, in which case the judgment shall become final.
The Court of First Instance may also, in its discretion, allow the appellant from
the judgment of the justice of the peace court or judge of a municipal court to
withdraw his appeal, provided a motion to that effect is filed before the trial of the
case on appeal, in which case the judgment of the justice of the peace or
municipal court shall become final, the provisions of section 7, Rule 123, to the
contrary notwithstanding, and the case shall be remanded to the court a quo for
execution of the judgment.
SECTION 13. Appointment of an Attorney De Oficio for Defendant on Appeal.
It shall be the duty of the clerk of the trial court upon the presentation of a notice
of appeal in a criminal case, to ascertain from the appellant, if he be confined in
prison, whether he desires the Court of Appeals or the Supreme Court to appoint
an attorney to defend him de oficio and to transmit with the record, upon a form
to be prepared by the clerk of the appellate court, a certificate of compliance with
this duty and of the response of the appellant to his inquiry.
RULE 123
Procedure in the Justice of the Peace or Municipal Courts
SECTION 1. Complaint. Except as otherwise provided by law, criminal
proceedings in justice of the peace or municipal courts must be commenced by
information or complaint under oath setting forth the offense charged, with such
particulars as to time, place, person and property as may be necessary to
apprise the defendant of the offense charged, and to make answer thereto.
SECTION 2. Arraignment of Defendant. Defendant in justice of the peace or
municipal courts shall be arraigned in the same manner as in the Court of First
Instance, but it will not be necessary to furnish the defendant with a copy of the
complaint or information unless he demands the same.
SECTION 3. Motion to Quash or Dismiss and Pleas. Defendant may enter the
same pleas, and move to dismiss or quash the complaint or information on the
same grounds as those allowed in the Court of First Instance, in so far as they
are applicable. The motion to quash and the pleas may be oral but must be
entered in the docket.
SECTION 4. When Deposition of Witness to Be Taken. Whenever it appears
to the justice of the peace or judge of the municipal court, in the trial of a criminal
case that a material witness for the prosecution or for the defense has to leave
the Philippines with no definite date of returning thereto and will not appear and
testify when so required in the trial of the case by the corresponding Court of
First Instance, the said justice of the peace or judge of the municipal court may
forthwith order that the testimony of such witness be taken in writing by question
and answer in the presence of the defendant or his attorney, which testimony
shall be signed by the witness and certified to as correct by the said justice of the
peace or judge of a municipal court.
SECTION 5. Appeal from Judgment of the Justice of the Peace or Municipal
Court. The convicted party may appeal either orally or in writing from any final
judgment of the justice of the peace or municipal court in a criminal case to the
Court of First Instance within fifteen (15) days from the promulgation of the
judgment. The period of appeal shall be interrupted from the date a motion for
reconsideration or new trial is filed until notice of the order overruling the motion
shall have been served upon the defendant or his attorney.
SECTION 6. Transmission of Papers to the Court of First Instance, and Fiscal.
Upon such notice being so filed or given, as provided for in the preceding
section, the justice of the peace or judge of a municipal court shall within five (5)
days forward to the Court of First Instance all original papers and a transcript of
all docket entries in the case. He shall also forward to the fiscal a brief statement
of the substance of the testimony of witnesses testifying in the case. The
provincial fiscal shall thereupon take charge of the case in behalf of the
prosecution.
SECTION 7. Trial De Novo on Appeal. An appealed case shall be tried in all
respects anew in the Court of First Instance as if it had been originally instituted
in that court.
SECTION 8. Withdrawal of Appeal. Notwithstanding the provisions of the
preceding section, the justice of the peace or the judge of the municipal court
may before the papers and transcript have been forwarded to the Court of First
Instance as provided in section 6, allow the appellant to withdraw his appeal, in
which case the judgment of the justice of the peace or judge of the municipal
court shall become final.
RULE 124
 Procedure in the Court of Appeals
SECTION 1. Title of the Case. In all criminal cases brought to the Court of
Appeals, the party bringing the case to the appellate court shall be called the
"appellant" and the adverse party the "appellee," but the title of the case shall
remain as it was below.
SECTION 2. Appointment of Attorney De Oficio for the Defendant. If it
appears from the certificate of the clerk of the trial court transmitted in
accordance with section 13 of Rule 122, (a) that the defendant is confined in
prison, (b) without means to employ an attorney, and (c) desires to be
defended de oficio, then the clerk of the Court of Appeals will designate a
member of the bar to defend him, such designation to be made by strict rotation,
unless otherwise directed by order of the court. cdt

A defendant-appellant not confined in prison, shall not be entitled to an

attorney de oficio, unless the appointment of such attorney be requested in the
appellate court within ten (10) days from receipt of notice from the clerk as
provided in the next section, and the right thereto established by affidavit of
poverty.
SECTION 3. When Brief for Appellant to Be Filed. Within thirty (30) days from
receipt by the appellant or his counsel of the notice from the clerk of the appellate
court that the evidence, oral and documentary, is already attached to the record,
the appellant shall file forty (40) copies of his brief with the clerk which shall be
accompanied by proof of service of five (5) copies thereof upon the appellee.
SECTION 4. When Brief for Appellee to Be Filed. Within thirty (30) days from
the receipt of the brief of the appellant the appellee shall file forty (40) copies of
his brief with the clerk which shall be accompanied by proof of service of five (5)
copies thereof upon the appellant.
SECTION 5. Extension of Time for Filing Briefs. Extension of time for the filing
of briefs will not be allowed, except for good and sufficient cause, and only if the
motion for extension is filed before the expiration of the time sought to be
extended.
SECTION 6. Form of Briefs. Briefs must be printed, except when the
defendant is represented by an attorney de oficio, in which case it shall be the
duty of the attorneyde oficio, whether for appellant or appellee, to file seven (7)
legibly typewritten or mimeographed copies of the briefs, with proof of service of
one copy thereof upon the adverse party.
SECTION 7. Contents of Briefs. The briefs in criminal cases shall have the
same contents as provided in sections 16 and 17 of Rule 46. The decision or
order appealed from shall be copied as an appendix to the appellant's brief.
SECTION 8. Dismissal of Appeal for Abandonment or Failure to Prosecute.
The appellate court may, upon motion of the appellee or on its own motion and
notice to the appellant, dismiss the appeal if the appellant fails to file his brief
within the time prescribed by this rule, except in case the appellant is
represented by an attorney de oficio.
The court may also, upon motion of the appellee or on its own motion, dismiss
the appeal if the appellant escapes from prison or confinement or flees to a
foreign country during the pendency of the appeal.
SECTION 9. When Appeal to Be Heard. All appeals in criminal cases shall
have precedence over other appeals and should be placed first upon the
calendar for hearing. The appellate court shall hear and decide the appeal at the
earliest practicable time with due regard to the rights of the parties. The accused
need not be present in court during the hearing of the appeal.
SECTION 10. Judgment Not to Be Reversed or Modified Except for Substantial
Error. No judgment shall be reversed or modified unless the appellate court
after an examination of all the appeal papers is of the opinion that error was
committed which injuriously affected the substantial rights of the appellant.
SECTION 11. Power of Appellate Court on Appeal. Upon appeal from a
judgment of the Court of First Instance, the appellate court may reverse, affirm,
or modify the judgment and increase or reduce the penalty imposed by the trial
court, remand the case to the Court of First Instance for new trial or retrial, or
dismiss the case.
SECTION 12. Quorum of the Court. The unanimous vote of the three Justices
of a division shall be necessary for the pronouncement of a judgment. In the
event that the three Justices do not reach a unanimous vote, the presiding
Justice shall designate two Justices from among the other members of the Court
to sit temporarily with them, forming a division of five Justices, and the
concurrence of a majority of such division shall be necessary for the
pronouncement of a judgment.
Whenever in any criminal case submitted to a division the said division should be
of the opinion that the penalty of death or life imprisonment should be imposed,
the said court shall refrain from entering judgment thereon and shall forthwith
certify the case to the Supreme Court for final determination, as if the case had
been brought before it on appeal.
SECTION 13. Motion for New Trial. At any time after the appeal from the
lower court has been perfected and before the judgment of the appellate court
convicting the accused becomes final, the latter may move for a new trial on the
ground of newly discovered evidence material to his defense, the motion to
conform to the provisions of section 3, Rule 121.
SECTION 14. Procedure When New Trial Ordered. When a new trial is
granted, it shall take place in the court from which the appeal was taken, and
proceed as if it were granted by a Court of First Instance.
SECTION 15. Re-Hearing or Reconsideration. Application for a re-hearing or
reconsideration shall be made ex parte on motion setting forth the grounds on
which they are made, and filed within fifteen (15) days after notice of the decision
of the court. No oral argument thereon shall be allowed. If re-hearing is granted,
the cause shall be re-heard in conformity with the requirements for the first
hearing. The mittimus shall be stayed during the pendency of a motion for a re-
hearing or reconsideration. More than one motion for a re-hearing or
reconsideration shall not be filed in any case without express leave of the court.
SECTION 16. Judgment Transmitted and Filed in Trial Court. When the
judgment of the appellate court has been entered in the minutes, a certified copy
of the entry shall be transmitted to the clerk of the court from which the appeal
was taken, and shall be filed by him.
SECTION 17. Application of Certain Rules in Civil to Criminal Cases. The
provisions of Rules 46 to 56 relating to procedure in the Court of Appeals and in
the Supreme Court in original as well as appealed civil cases shall, in so far as
they are applicable and not inconsistent with the provisions of this rule, be
applied to criminal cases.
RULE 125
Procedure in the Supreme Court
SECTION 1. Procedure in the Supreme Court. Unless otherwise provided by
the Constitution or the law, the procedure in the Supreme Court in original as well
as in appealed cases shall be the same as in the Court of Appeals.
SECTION 2. Review of Decisions of the Court of Appeals. The procedure for
the review by the Supreme Court of decisions rendered by the Court of Appeals
in criminal cases shall be the same as in civil cases.
SECTION 3. Decision if Opinion is Equally Divided. When the court in banc is
equally divided in opinion or the necessary majority can not be had, the case
shall be reheard, and if in re-hearing no decision is reached, the judgment of
conviction of the lower court shall be reversed and the defendant acquitted.
RULE 126
Search and Seizure
SECTION 1. Search Warrant Defined. A search warrant is an order in writing
issued in the name of the People of the Philippines, signed by a judge or a justice
of the peace and directed to a peace officer, commanding him to search for
personal property and bring it before the court.
SECTION 2. Personal Property to Be Seized. A search warrant may be issued
for the search and seizure of the following personal property:
(a) Property subject of the offense;
(b) Property stolen or embezzled and other proceeds or fruits of
the offense; and
(c) Property used or intended to be used as the means of
committing an offense.
SECTION 3. Requisites for Issuing Search Warrant. A search warrant shall
not issue but upon probable cause in connection with one specific offense to be
determined by the judge or justice of the peace after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be
seized.
No search warrant shall issue for more than one specific offense.
SECTION 4. Examination of the Applicant. The judge or justice of the peace
must, before issuing the warrant, personally examine on oath or affirmation the
complainant and any witnesses he may produce and take their depositions in
writing, and attach them to the record, in addition to any affidavits presented to
him.
SECTION 5. Issuance and Form of Search Warrant. If the judge or justice of
the peace is thereupon satisfied of the existence of facts upon which the
application is based, or that there is probable cause to believe that they exist, he
must issue the warrant, which must be substantially in the form prescribed by
these rules.
SECTION 6. Right to Break Door or Window to Effect Search. The officer, if
refused admittance to the place of directed search after giving notice of his
purpose and authority, may break open any outer or inner door or window of a
house or any part of a house or anything therein to execute the warrant or
liberate himself or any person lawfully aiding him when unlawfully detained
therein.
SECTION 7. Search of House, Room, or Premise to Be Made in Presence of
Witness. No search of a house, room, or any other premise shall be made
except in the presence of at least one competent witness, resident of the
neighborhood.
SECTION 8. Time of Making Search. The warrant must direct that it be served
in the day time, unless the affidavit asserts that the property is on the person or
in the place ordered to be searched, in which case a direction may be inserted
that it be served at any time of the day or night.
SECTION 9. Validity of Search Warrant. A search warrant shall be valid for
ten (10) days from its date. Thereafter it shall be void.
SECTION 10. Receipt for the Property Seized. The officer seizing property
under the warrant must give a detailed receipt for the same to the person on
whom or in whose possession it was found, or in the absence of any person,
must, in the presence of at least one witness, leave a receipt in the place in
which he found the seized property.
SECTION 11. Delivery of Property and Inventory Thereof to Court. The officer
must forthwith deliver the property to the justice of the peace or judge of the
municipal court or of the Court of First Instance which issued the warrant,
together with a true inventory thereof duly verified by oath.
SECTION 12. Search Without Warrant of Person Arrested. A person charged
with an offense may be searched for dangerous weapons or anything which may
be used as proof of the commission of the offense.
RULE 127
Attachment in Criminal Cases
SECTION 1. Attachment. At the commencement of a criminal action or at any
time thereafter, when the civil action for the recovery of civil liability arising from
the offense charged is not expressly waived or the right to institute such civil
action separately is not reserved, the offended party may have the property of
the defendant attached as security for the satisfaction of any judgment that may
be recovered from the defendant, in the following cases:
(a) When the defendant is about to depart from the Philippines;
(b) When the criminal action is based on a claim for money or
property which has been embezzled or fraudulently
misapplied or converted to the use of the defendant who is a
public officer, or any officer of a corporation, or an attorney,
factor, broker, agent, or clerk, in the course of his
employment as such, or by any other person in a fiduciary
capacity, or for a willful violation of duty;
(c) When the defendant has concealed, removed, or disposed of
his personal property, or is about to do so;
(d) When the defendant resides outside the Philippines.
SECTION 2. Reference to Rule 57. Sections two, three, four, five, six, seven,
eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen,
eighteen, nineteen and twenty of Rule 57 of the Rules of Court governing
attachment in civil actions shall apply to attachment provided for in the preceding
section in so far as they may be applicable.
PART IV
Rules on Evidence
RULE 128
General Provisions
SECTION 1. Evidence Defined. Evidence is the means, sanctioned by these
rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.
SECTION 2. Same Rules in All Cases. The rules of evidence shall be the
same in all courts and on all trials and hearings, whether civil or criminal.
SECTION 3. Admissibility of Evidence. Evidence is admissible when it is
relevant to the issue and is not excluded by the these rules.
SECTION 4. Relevancy of Evidence; Collateral Matters. Evidence must have
such a relation to the fact in issue as to induce belief in its existence or non-
existence; therefore, collateral matters shall not be allowed, except when they
tend in any reasonable degree to establish the probability or improbability of the
fact in issue.
RULE 129
What Need Not Be Proved
SECTION 1. Judicial Notice. The existence and territorial extent of states,
their forms of government and symbols of nationality, the law of nations, the
admiralty and maritime courts of the world and their seals, the political
constitution and history of the Philippines, the official acts of the legislative,
executive, and judicial departments of the Philippines, the laws of nature, the
measure of time, the geographical divisions and political history of the world, and
all similar matters which are of public knowledge, or are capable of
unquestionable demonstration, or ought to be known to judges because of their
judicial functions, shall be judicially recognized by the court without the
introduction of proof; but the court may receive evidence upon any of the
subjects in this section stated, when it shall find it necessary for its own
information, and may resort for its aid to appropriate books or documents of
reference.
SECTION 2. Judicial Admissions. Admissions made by the parties in the
pleadings, or in the course of the trial or other proceedings do not require proof
and can not be contradicted unless previously shown to have been made through
palpable mistake.
RULE 130
 Rules of Admissibility
A. Real Evidence
SECTION 1. View of an Object. Whenever an object has such a relation to the
fact in issue as to afford reasonable grounds of belief respecting the latter, such
object may be exhibited to or viewed by the court, or its existence, situation,
condition, or character proved by witnesses, as the court in its discretion may
determine.
B. Documentary Evidence
1. Best Evidence Rule
SECTION 2. Original Writing Must Be Produced; Exceptions. There can be no
evidence of a writing the contents of which is the subject of inquiry, other than the
original writing itself, except in the following cases:
(a) When the original has been lost, destroyed, or cannot be
produced in court;
(b) When the original is in the possession of the party against
whom the evidence is offered, and the latter fails to produce
it after reasonable notice;
(c) When the original is a record or other document in the custody
of a public officer;
(d) When the original has been recorded in an existing record a
certified copy of which is made evidence by law;
(e) When the original consists of numerous accounts or other
documents which cannot be examined in court without great
loss of time and the fact sought to be established from them
is only the general result of the whole.
SECTION 3. Certain Copies Regarded as Originals. When an entry is
repeated in the regular course of business, one being copied from another at or
near the time of the transaction, all the entries are equally regarded as originals.
2. Secondary Evidence
SECTION 4. Secondary Evidence When Original is Lost or Destroyed. When
the original writing has been lost or destroyed, or cannot be produced in court,
upon proof of its execution and loss or destruction, or unavailability, its contents
may be proved by a copy, or by a recital of its contents in some authentic
document, or by the recollection of witnesses.
SECTION 5. Secondary Evidence When Original Is in Adverse Party's Custody.
If the writing be in the custody of the adverse party, he must have reasonable
notice to produce it. If after such notice and after satisfactory proof of its
existence, he fails to produce the writing, the contents thereof may be proved as
in the case of its loss. But the notice to produce it is not necessary where the
writing is itself a notice, or where it has been wrongfully obtained or withheld by
the adverse party.
SECTION 6. Party Calling for Writing Not Bound to Offer it. A party who calls
for the production of a writing and inspects the same is not obliged to offer it as
evidence.
3. Parol Evidence Rule
SECTION 7. Evidence of Written Agreements. When the terms of an
agreement have been reduced to writing, it is to be considered as containing all
such terms, and, therefore, there can be, between the parties and their
successors-in-interest, no evidence of the terms of the agreement other than the
contents of the writing, except in the following cases:
(a) Where a mistake or imperfection of the writing, or its failure to
express the true intent and agreement of the parties, or the
validity of the agreement is put in issue by the pleadings;
(b) When there is an intrinsic ambiguity in the writing.
The term "agreement" includes wills.
4. Interpretation of Documents
SECTION 8. Interpretation of a Writing According to its Legal Meaning. The
language of a writing is to be interpreted according to the legal meaning it bears
in the place of its execution, unless the parties intended otherwise.
SECTION 9. Instrument Construed so as to Give Effect to All Provisions. In
the construction of an instrument where there are several provisions or
particulars, such a construction is, if possible, to be adopted as will give effect to
all.
SECTION 10. Interpretation According to Intention; General and Particular
Provisions. In the construction of an instrument, the intention of the parties is
to be pursued; and when a general and a particular provision are inconsistent,
the latter is paramount to the former. So a particular intent will control a general
one that is inconsistent with it.
SECTION 11. Interpretation According to Circumstances. For the proper
construction of an instrument, the circumstances under which it was made,
including the situation of the subject thereof and of the parties to it, may be
shown, so that the judge may be placed in the position of those whose language
he is to interpret.
SECTION 12. Peculiar Signification of Terms. The terms of a writing are
presumed to have been used in their primary and general acceptation, but
evidence is admissible to show that they have a local, technical, or otherwise
peculiar signification, and were so used and understood in the particular
instance, in which case the agreement must be construed accordingly.
SECTION 13. Written Words Control Printed. When an instrument consists
partly of written words and partly of a printed form, and the two are inconsistent,
the former controls the latter.
SECTION 14. Experts and Interpreters to Be Used in Explaining Certain Writings.
When the characters in which an instrument is written are difficult to be
deciphered, or the language is not understood by the court, the evidence of
persons skilled in deciphering the characters, or who understand the language, is
admissible to declare the characters or the meaning of the language.
SECTION 15. Of Two Constructions, Which Preferred. When the terms of an
agreement have been intended in a different sense by the different parties to it,
that sense is to prevail against either party in which he supposed the other
understood it, and when different constructions of a provision are otherwise
equally proper, that is to be taken which is the most favorable to the party in
whose favor the provision was made.
SECTION 16. Construction in Favor of Natural Right. When an instrument is
equally susceptible of two interpretations, one in favor of natural right and the
other against it, the former is to be adopted.
SECTION 17. Interpretation According to Usage. An instrument may be
construed according to usage, in order to determine its true character.
C. Testimonial Evidence
1. Qualification of Witnesses
SECTION 18. Witnesses; Their Qualifications. Except as provided in the next
succeeding section, all persons who, having organs of sense, can perceive, and
perceiving, can make known their perception to others, may be witnesses.
Neither parties nor other persons interested in the outcome of a case shall be
excluded; nor those who have been convicted of crime; nor any person on
account of his opinion on matters of religious belief.
SECTION 19. Physical Disqualification. The following persons cannot be
witnesses:
(a) Those who are of unsound mind at the time of their production
for examination, to such a degree as to be incapable of
perceiving and making known their perception to others;
 (b) Children who appear to the court to be of such tender age and
inferior capacity as to be incapable of receiving correct
impressions of the facts respecting which they are
examined, or of relating them truly.
SECTION 20. Disqualification by Reason of Interest or Relationship. The
following persons cannot testify as to matters in which they are interested,
directly or indirectly, as herein enumerated:
(a) Parties or assignors of parties to a case, or persons in whose
behalf a case is prosecuted, against an executor or
administrator or other representative of a deceased person,
or against a person of unsound mind, upon a claim or
demand against the estate of such deceased person or
against such person of unsound mind, cannot testify as to
any matter of fact occurring before the death of such
deceased person or before such person became of unsound
mind;
(b) A husband can not be examined for or against his wife without
her consent; nor a wife for or against her husband without
his consent, except in a civil case by one against the other,
or in a criminal case for a crime committed by one against
the other;
(c) No descendant can be compelled, in a criminal case, to testify
against his parents and ascendants.
SECTION 21. Privileged Communication. The following persons cannot testify
as to matters learned in confidence in the following cases:
(a) The husband or the wife during the marriage or afterwards,
cannot be examined without the consent of the other as to
any communication received in confidence by one from the
other during the marriage;
(b) An attorney cannot, without the consent of his client, be
examined as to any communication made by the client to
him, or his advice given thereon in the course of professional
employment; nor can an attorney's secretary, stenographer,
or clerk be examined, without the consent of the client and
his employer, concerning any fact the knowledge of which
has been acquired in such capacity;
(c) A person authorized to practice medicine, surgery or obstetrics
cannot in a civil case, without the consent of the patient, be
examined as to any information which he may have acquired
 in attending such patient in a professional capacity, which
information was necessary to enable him to act in that
capacity, and which would blacken the character of the
patient;
(d) A minister or priest cannot, without the consent of the person
making the confession, be examined as to any confession
made to him in his professional character in the course of
discipline enjoined by the church to which he belongs;
(e) A public officer cannot be examined during his term of office or
afterwards, as to communications made to him in official
confidence, when the court finds that the public interest
would suffer by the disclosure.
2. Admissions and Confessions
SECTION 22. Admissions of a Party. The act, declaration or omission of a
party as to a relevant fact may be given in evidence against him.
SECTION 23. Admission by Silence. Any act or declaration made in the
presence and within the observation of a party who does or says nothing when
the act or declaration is such as naturally to call for action or comment if not true,
may be given in evidence against him.
SECTION 24. Offer to Compromise Not Admission. An offer of compromise is
not an admission that anything is due, and is not admissible in evidence against
the person making the offer. However, in criminal cases which are not allowed by
law to be compromised, an offer of compromise by the accused may be received
in evidence as an implied admission of guilt.
SECTION 25. Admission by Third Party. The rights of a party cannot be
prejudiced by an act, declaration, or omission of another, and proceedings
against one cannot affect another, except as hereinafter provided.
SECTION 26. Admission by Co-Partner or Agent. The acts or declaration of a
partner or agent of the party within the scope of the partnership or agency and
during its existence, may be given in evidence against such party after the
partnership or agency is shown by evidence other than such act or declaration.
The same rule applies to the act or declaration of a joint owner, joint debtor, or
other person jointly interested with the party.
SECTION 27. Admission by Conspirator. The act or declaration of a
conspirator relating to the conspiracy and during its existence, may be given in
evidence against the co-conspirator after the conspiracy is shown by evidence
other than such act or declaration.
SECTION 28. Admission by Privies. Where one derives title to property from
another, the act, declaration, or omission of the latter, while holding the title, in
relation to the property, is evidence against the former.
SECTION 29. Confession. The declaration of an accused expressly
acknowledging his guilt of the offense charged, may be given in evidence against
him.
3. Testimonial Knowledge
SECTION 30. Testimony Generally Confined to Personal Knowledge; Hearsay
Excluded. A witness can testify only to those facts which he knows of his own
knowledge; that is, which are derived from his own perception, except as
otherwise provided in these rules.
4. Exceptions to the Hearsay Rule
SECTION 31. Dying Declaration. The declaration of a dying person, made
under a consciousness of an impending death, may be received in a criminal
case wherein his death is the subject of inquiry, as evidence of the cause and
surrounding circumstances of such death.
SECTION 32. Declaration Against Interest. The declaration made by a person
deceased, or outside of the Philippines, or unable to testify, against the interest
of the declarant, if the fact asserted in the declaration was at the time it was
made so far contrary to declarant's own interest, pecuniary or moral, that a
reasonable man in his position would not have made the declaration unless he
believed it to be true, may be received in evidence against himself or his
successors in interest and against third persons.
SECTION 33. Act or Declaration About Pedigree. The act or declaration of a
person deceased, or outside of the Philippines, or unable to testify, in respect to
the pedigree of another person related to him by birth or marriage, may be
received in evidence where it occurred before the controversy, and the
relationship between the two persons is shown by evidence other than such act
or declaration. The word "pedigree" includes relationship, family genealogy, birth,
marriage, death, the dates when and the places where these facts occurred, and
the names of the relatives. It embraces also facts of family history intimately
connected with pedigree.
SECTION 34. Family Reputation or Tradition Regarding Pedigree. The
reputation or tradition existing in a family previous to the controversy, in respect
to the pedigree of any one of its members, may be received in evidence if the
witness testifying thereto be also a member of the family. Entries in family bibles
or other family books or charts, engravings on rings, family portraits and the like,
may be received as evidence of pedigree.
SECTION 35. Common Reputation. Common reputation existing previous to
the controversy, respecting facts of public or general interest more than thirty
years old, or respecting marriage or moral character, may be given in evidence.
Monuments and inscriptions in public places may be received as evidence of
common reputation.
SECTION 36. Part of the Res Gestae. Statements made by a person while a
startling occurrence is taking place or immediately prior or subsequent thereto
with respect to the circumstances thereof, may be given in evidence as a part of
the res gestae. So, also, statements accompanying an equivocal act material to
the issue, and giving it a legal significance, may be received as a part of the res
gestae.
SECTION 37. Entries in the Course of Business. Entries made at, or near the
time of the transactions to which they refer, by a person deceased, outside of the
Philippines or unable to testify, who was in a position to know the facts therein
stated, may be received as prima facie evidence, if such person made the entries
in his professional capacity or in the performance of duty and in the ordinary or
regular course of business or duty.
SECTION 38. Entries in Official Records. Entries in official records made in
the performance of his duty by a public officer of the Philippines, or by a person
in the performance of a duty specially enjoined by law, are prima facie evidence
of the facts therein stated.
SECTION 39. Commercial Lists and the Like. Evidence of statements of
matters of interest to persons engaged in an occupation contained in a list,
register, periodical, or other published compilation is admissible as tending to
prove the truth of any relevant matter so stated if that compilation is published for
use by persons engaged in that occupation and is generally used and relied upon
by them therein.
SECTION 40. Learned Treatises. A published treatise, periodical or pamphlet
on a subject of history, science or art is admissible as tending to prove the truth
of a matter stated therein if the court takes judicial notice, or a witness expert in
the subject, testifies that the writer of the statement in the treatise, periodical or
pamphlet is recognized in his profession or calling as expert in the subject.
SECTION 41. Testimony at a Former Trial. The testimony of a witness
deceased or out of the Philippines, or unable to testify, given in a former case
between the same parties, relating to the same matter, the adverse party having
had an opportunity to cross-examine him, may be given in evidence.
5. Opinion Rule
SECTION 42. General Rule. The opinion of a witness is not admissible,
except as indicated in the following sections.
SECTION 43. Expert Evidence. The opinion of a witness regarding a question
of science, art or trade, when he is skilled therein, may be received in evidence.
SECTION 44. Opinion of Ordinary Witnesses. The opinion of a witness
regarding the identity or handwriting of a person, when he has knowledge of the
person or handwriting; the opinion of a subscribing witness to a writing, the
validity of which is in dispute, respecting the mental sanity of the signer; and the
opinion of an intimate acquaintance respecting the mental sanity of a person, the
reason for the opinion being given, may be received as evidence.
SECTION 45. Unwritten Law. The oral testimony of witnesses, skilled therein,
is admissible as evidence of the unwritten law of a foreign country, as are also
printed and published books of reports of decisions of the courts of the foreign
country, if proved to be commonly admitted in such courts.
6. Character Evidence
SECTION 46. Moral Character of Parties in Criminal Cases. The good moral
character of an accused having reference to the moral trait involved in the
offense charged, may be proved by him. Unless in rebuttal, the prosecution can
not prove the bad moral character of the accused. The good or bad moral
character of the offended person may be proved if it may establish in any
reasonable degree the probability or improbability of the offense charged.
SECTION 47. Moral Character of Parties in Civil Cases. Evidence of the moral
character of a party in a civil case is not admissible unless the issue involved is
character.
7. Conduct as Evidence
SECTION 48. Evidence of Similar Acts. Evidence that one did or omitted to do
a certain thing at one time is not admissible to prove that he did or omitted to do
the same or a similar thing at another time; but it may be received to prove a
specific intent or knowledge, identity, plan, system, scheme, habit, custom or
usage, and the like.
SECTION 49. Unaccepted Offer. An offer in writing to pay a particular sum of
money or to deliver a written instrument or specific personal property is, if
rejected, equivalent to the actual production and tender of the money, instrument,
or property.
RULE 131
Burden of Proof and Presumptions
SECTION 1. Burden of Proof in Civil Cases. Each party must prove his own
affirmative allegations. Evidence need not be given in support of a negative
allegation except when such negative allegation is an essential part of the
statement of the right or title on which the cause of action or defense is founded,
nor even in such case when the allegation is a denial of the existence of a
document the custody of which belongs to the opposite party. The burden of
proof lies on the party who would be defeated if no evidence were given on either
side.
SECTION 2. Burden of Proof in Criminal Cases. In criminal cases the burden
of proof as to the offense charged lies on the prosecution. A negative fact alleged
by the prosecution need not be proved unless it is an essential ingredient of the
offense charged.
SECTION 3. Conclusive Presumptions. The following are instances of
conclusive presumptions:
(a) Whenever a party has, by his own declaration, act, or omission,
intentionally and deliberately led another to believe a
particular thing true, and to act upon such belief, he cannot,
in any litigation arising out of such declaration, act, or
omission, be permitted to falsify it;
(b) The tenant is not permitted to deny the title of his landlord at the
time of the commencement of the relation of landlord and
tenant between them;
(c) The judgment or order of a court, when declared by these rules
to be conclusive.
SECTION 4. Quasi-Conclusive Presumptions of Legitimacy. (a) Children born
after one hundred eighty days following the celebration of the marriage, and
before three hundred days following its dissolution or the separation of the
spouses shall be presumed legitimate.
Against this presumption no evidence shall be admitted other than that of the
physical impossibility of the husband's having access to his wife within the first
one hundred and twenty days of the three hundred which preceded the birth of
the child.
This physical impossibility may be caused:
(1) By the impotence of the husband;
(2) By the fact that the husband and the wife were living
separately, in such a way that access was not possible;
(3) By the serious illness of the husband.
(b) The child shall be presumed legitimate, although the mother may have
declared against its legitimacy or may have been sentenced as an adulteress.
(c) Should the wife commit adultery at or about the time of the conception of the
child, but there was no physical impossibility of access between her and her
husband as set forth above, the child is presumed legitimate, unless it appears
highly improbable, for ethnic reasons, that the child is that of the husband. For
the purpose of this rule, the wife's adultery need not be proved in a criminal case.
(d) A child born within one hundred eighty days following the celebration of the
marriage is conclusively presumed to be legitimate in any of these cases:
(1) If the husband, before the marriage, knew of the pregnancy of
the wife;
(2) If he consented, being present, to the putting of his surname on
the record of birth of the child;
(3) If he expressly or tacitly recognized the child as his own.
SECTION 5. Disputable Presumptions. The following presumptions are
satisfactory if uncontradicted, but may be contradicted and overcome by other
evidence:
(a) That a person is innocent of crime or wrong;
(b) That an unlawful act was done with an unlawful intent;
(c) That a person intends the ordinary consequences of his
voluntary act;
(d) That a person takes ordinary care of his concerns;
(e) That evidence willfully suppressed would be adverse if
produced;
(f) That money paid by one to another was due to the latter;
(g) That a thing delivered by one to another belonged to the latter;
(h) That an obligation delivered up to the debtor has been paid;
(i) That former rent or installments had been paid when a receipt
for the later ones is produced;
(j) That a person found in possession of a thing taken in the doing
of a recent wrongful act is the taker and the doer of the
whole act; otherwise, that things which a person possesses,
or exercises acts of ownership over, are owned by him;
(k) That a person in possession of an order on himself for the
payment of money, or the delivery of anything, has paid the
money or delivered the thing accordingly;
(l) That a person acting in a public office was regularly appointed or
elected to it;
(m) That official duty has been regularly performed;
(n) That a court, or judge acting as such, whether in the Philippines
or elsewhere, was acting in the lawful exercise of his
jurisdiction;
(o) That all the matters within an issue in a case were laid before
the court and passed upon by it; and in like manner that all
matters within a submission to arbitration were laid before
the arbitrators and passed upon by them;
(p) That private transactions have been fair and regular;
(q) That the ordinary course of business has been followed;
(r) That there was a sufficient consideration for a written contract;
(s) That a negotiable instrument was given or indorsed for a
sufficient consideration;
(t) That an indorsement of a negotiable instrument was made
before the instrument was overdue and at the place where
the instrument is dated;
(u) That a writing is truly dated;
(v) That a letter duly directed and mailed was received in the
regular course of the mail;
(w) Identity of person from identity of name;
(x) After an absence of seven years, it being unknown whether or
not the absentee still lives, he shall be presumed dead for all
purposes, except for those of succession.
The absentee shall not be presumed dead for the
purpose of opening his succession till after an absence of ten
years. If he disappeared after the age of seventy-five years,
an absence of five years shall be sufficient in order that his
succession may be opened.
The following shall be presumed dead for all purposes,
including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or
an aeroplane which is missing, who has not been
heard of for four years since the loss of the vessel or
aeroplane;
 (2) A person in the armed forces who has taken part in war,
and has been missing for four years;
(3) A person who has been in danger of death under other
circumstances and his existence has not been known
for four years.
(y) That acquiescence resulted from a belief that the thing
acquiesced in was conformable to the law or fact;
(z) That things have happened according to the ordinary course of
nature and the ordinary habits of life;
(aa) That persons acting as copartners have entered into a
contract of copartnership;
(bb) That a man and woman deporting themselves as husband and
wife have entered into a lawful contract of marriage;
(cc) That a child born in lawful wedlock, there being no divorce,
absolute or from bed and board, is legitimate;
(dd) If the marriage is dissolved by the death of the husband, and
the mother contracted another marriage within three hundred
days following such death, these rules shall govern:
(1) A child born before one hundred eighty days after the
solemnization of the subsequent marriage is
disputably presumed to have been conceived during
the former marriage, provided it be born within three
hundred days after the death of the former husband;
(2) A child born after one hundred eighty days following the
celebration of the subsequent marriage is prima
facie presumed to have been conceived during such
marriage, even though it be born within three hundred
days after the death of the former husband;
(ee) That a thing once proved to exist continues as long as is usual
with things of that nature;
(ff) That the law has been obeyed;
(gg) That a printed or published book, purporting to be printed or
published by public authority, was so printed or published;
(hh) That a printed or published book, purporting to contain reports
of cases adjudged in tribunals of the country where the book
is published, contains correct reports of such cases;
 (ii) That a trustee or other person whose duty it was to convey real
property to a particular person has actually conveyed it to
him when such presumption is necessary to perfect the title
of such person or his successor in interest;
(jj) When two persons perish in the same calamity, such as wreck,
battle, or conflagration, and it is not shown who died first,
and there are no particular circumstances from which it can
be inferred, the survivorship is presumed from the
probabilities resulting from the strength and age of the
sexes, according to the following rules:
1. If both were under the age of fifteen years, the older is
presumed to have survived;
2. If both were above the age of sixty, the younger is
presumed to have survived;
3. If one is under fifteen and the other above sixty, the
former is presumed to have survived;
4. If both be over fifteen and under sixty, and the sexes be
different, the male is presumed to have survived; if the
sexes be the same, then the older;
5. If one be under fifteen or over sixty, and the other
between those ages, the latter is presumed to have
survived.
(kk) If there is a doubt, as between two or more persons who are
called to succeed each other, as to which of them died first,
whoever alleges the death of one prior to the other, shall
prove the same; in the absence of proof, it is presumed that
they died at the same time.
SECTION 6. No presumption of legitimacy or illegitimacy. There is no
presumption of legitimacy or illegitimacy of a child born after three hundred days
following the dissolution of the marriage or the separation of the spouses.
Whoever alleges the legitimacy or illegitimacy of such child must prove his
allegation.
RULE 132
Presentation of Evidence
A. Examination of Witnesses
SECTION 1. Testimony to Be Given in Open Court. The testimony of
witnesses shall be given orally in open court and under oath or affirmation.
SECTION 2. Testimony in Superior Courts to Be Reduced to Writing. In
superior courts the testimony of each witness shall be taken in shorthand or
stenotype, the name, residence, and occupation of the witness being stated, and
all questions put to the witness and his answers thereto being included. If a
question put is objected to and the objection is ruled on, the nature of the
objection and the ground on which it was sustained or overruled must be stated,
or if a witness declines to answer a question put, the fact and the proceedings
taken thereon shall be entered in the record. A transcript of the record made by
the official stenographer or stenotypist and certified as correct by him shall
be prima facie a correct statement of such testimony and proceedings.
SECTION 3. Witness Bound to Answer. Exceptions. A witness must answer
questions pertinent to the matters at issue, though his answer may tend to
establish a claim against him; but, unless otherwise provided by law, he need not
give an answer which will have a tendency to subject him to punishment for an
offense; nor need he give an answer which will have a direct tendency to
degrade his character, unless it be to the very fact at issue or to a fact from which
the fact at issue would be presumed. But a witness must answer to the fact of his
previous conviction for an offense.
SECTION 4. Order in the Examination of an Individual Witness. The order in
which an individual witness may be examined is as follows:
(a) Direct examination by the proponent;
(b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent;
(d) Re-cross-examination by the opponent.
SECTION 5. Direct Examination; Leading Questions Not Allowed. A question
which suggests to the witness the answer which the examining party desires, is a
leading question. On direct examination, leading questions are not allowed,
except on preliminary matters, or when there is difficulty in getting direct and
intelligible answers from the witness who is ignorant, or a child of tender years, or
is of feeble mind, or a deaf-mute.
SECTION 6. Direct Examination of Unwilling or Hostile Witnesses. A party
may interrogate any unwilling or hostile witness by leading questions. A party
may call an adverse party or an officer, director, or managing agent of a public or
private corporation or of a partnership or association which is an adverse party,
and interrogate him by leading questions and contradict and impeach him in all
respects as if he had been called by the adverse party, and the witness thus
called may be contradicted and impeached by or on behalf of the adverse party
also, and may be cross-examined by the adverse party only upon the subject-
matter of his examination in chief.
SECTION 7. Party May Not Impeach His Own Witness. Subject to the
provisions of the preceding section, the party producing a witness is not allowed
to impeach his credit by evidence of bad character, but may contradict him by
other evidence, and in the discretion of the court, in order to show that the
witness has misled him into calling him to the stand, may also show that he has
made at other times statements inconsistent with his present testimony.
SECTION 8. Cross-Examination, its Purpose and Extent. Leading, But Not
Misleading, Questions, Allowed. Upon the termination of the direct
examination, the witness may be cross-examined by the adverse party as to any
matter stated in the direct examination, or connected therewith, with sufficient
fullness and freedom to test his accuracy and truthfulness and freedom from
interest or bias, or the reverse, and to elicit all important facts bearing upon the
issue. On cross-examination, leading, but not misleading, questions, are allowed.
SECTION 9. Right to Inspect Writing Shown to Witness. Whenever a writing is
shown to a witness, it may be inspected by the opposite party.
SECTION 10. When Witness May Refer to Memorandum. A witness may be
allowed to refresh his memory respecting a fact, by anything written by himself or
under his direction at the time when the fact occurred, or immediately thereafter,
or at any other time when the fact was fresh in his memory and he knew that the
same was correctly stated in the writing; but in such case the writing must be
produced and may be inspected by the adverse party, who may, if he chooses,
cross-examine the witness upon it, and may read it in evidence. So, also, a
witness may testify from such a writing, though he retain no recollection of the
particular facts, if he is able to swear that the writing correctly stated the
transaction when made; but such evidence must be received with caution.
SECTION 11. When Part of Transaction or Writing Given in Evidence, the
Remainder Admissible. When part of an act, declaration, conversation, or
writing is given in evidence by one party, the whole of the same subject may be
inquired into by the other, and when a detached act, declaration, conversation, or
writing is given in evidence, any other act, declaration, conversation, or writing
necessary to its understanding may also be given in evidence.
SECTION 12. Re-Direct Examination; Its Purpose and Extent. After the cross-
examination of the witness has been concluded, he may be re-examined by the
party calling him, to explain or supplement his answers given during the cross-
examination. On re-direct examination, questions on matters not dealt with during
the cross-examination, may be allowed by the court in its discretion.
SECTION 13. Re-Cross-Examination. Upon the conclusion of the re-direct
examination, the adverse party may re-cross-examine the witness on matters
stated in his re-direct examination, and also on such other matters as may be
allowed by the court in its discretion.
SECTION 14. Recalling Witness. After the examination of a witness by both
sides has been concluded, the witness cannot be recalled without leave of the
court. The court will grant or withhold leave in its discretion, as the interests of
justice may require.
SECTION 15. Impeachment of Adverse Party's Witness. A witness may be
impeached by the party against whom he was called, by contradictory evidence,
by evidence that his general reputation for truth, honesty, or integrity is bad, or by
evidence that he has made at other times statements inconsistent with his
present testimony, but not by evidence of particular wrongful acts, except that it
may be shown by the examination of the witness, or the record of the judgment,
that he has been convicted of an offense.
SECTION 16. How Witness Impeached by Evidence of Inconsistent Statements.
Before a witness can be impeached by evidence that he has made at other
times statements inconsistent with his present testimony, the statements must be
related to him, with the circumstances of the times and places and the persons
present, and he must be asked whether he made such statements, and if so,
allowed to explain them. If the statements be in writing they must be shown to the
witness before any question is put to him concerning them.
SECTION 17. Evidence of Good Character of Witness. Evidence of the good
character of a witness is not admissible until such character has been
impeached.
SECTION 18. Exclusion and Separation of Witnesses. On any trial or hearing,
the judge may exclude from the court any witness not at the time under
examination, so that he may not hear the testimony of other witnesses. The
judge may also cause witnesses to be kept separate and to be prevented from
conversing with one another until all shall have been examined.
SECTION 19. Right of Witness to Protection. It is the right of a witness to be
protected from irrelevant; improper, or insulting questions, and from harsh or
insulting demeanor; to be detained only so long as the interests of justice require
it; and to be examined only as to matters pertinent to the issue.
B. Authentication and Proof of Documents
SECTION 20. Public and Private Writings. The following writings are public:
(a) The written acts or records of the acts of the sovereign
authority, of official bodies and tribunals, and of public
officers, legislative, judicial and executive, whether of the
Philippines, or of a foreign country;
(b) Public records, kept in the Philippines, of private writings.
All other writings are private.
SECTION 21. Private Writing, its Execution and Authenticity, How Proved.
Before any private writing may be received in evidence, its due execution and
authenticity must be proved either:
(a) By anyone who saw the writing executed;
(b) By evidence of the genuineness of the handwriting of the
maker; or
(c) By a subscribing witness.
SECTION 22. Evidence of Execution Not Necessary. Where a private writing
is more than thirty years old, is produced from a custody in which it would
naturally be found if genuine, and is unblemished by any alterations or
circumstances of suspicion, no other evidence of its execution and authenticity
need be given.
SECTION 23. Handwriting, How Proved. The handwriting of a person may be
proved by any witness who believes it to be the handwriting of such person, and
has seen the person write, or has seen writing purporting to be his upon which
the witness has acted or been charged, and has thus acquired knowledge of the
handwriting of such person. Evidence respecting the handwriting may also be
given by a comparison, made by the witness or the court, with writings admitted
or treated as genuine by the party against whom the evidence is offered, or
proved to be genuine to the satisfaction of the judge.
SECTION 24. Public Documents as Evidence. Public instruments are
evidence, even against a third person, of the fact which gave rise to their
execution and of the date of the latter.
SECTION 25. Proof of Public or Official Record. An official record or an entry
therein, when admissible for any purpose, may be evidenced by an official
publication thereof or by a copy attested by the officer having the legal custody of
the record, or by his deputy, and accompanied, if the record is not kept in the
Philippines, with a certificate that such officer has the custody. If the office in
which the record is kept is in a foreign country, the certificate may be made by a
secretary of embassy or legation, consul general, consul, vice consul, or consular
agent or by any officer in the foreign service of the Philippines stationed in the
foreign country in which the record is kept, and authenticated by the seal of his
office.
SECTION 26. What Attestation of Copy Must State. Whenever a copy of a
writing is attested for the purpose of evidence, the attestation must state, in
substance, that the copy is a correct copy of the original, or a specific part
thereof, as the case may be. The attestation must be under the official seal of the
attesting officer, if there be any, or if he be the clerk of a court having a seal,
under the seal of such court.
SECTION 27. Irremovability of Public Record. The record of a conveyance of
real property, or any other record a transcript of which is admissible in evidence,
must not be removed from the office in which it is kept, except upon order of a
court where the inspection of the record is essential to the just determination of
the case pending or the court is sitting in the same building with such office.
SECTION 28. Public Record of a Private Writing. An authorized public record
of a private writing may be proved by the original record, or by a copy thereof,
attested by the legal keeper of the record, with an appropriate certificate that
such officer has the custody.
SECTION 29. Proof of Lack of Record. A written statement signed by an
officer having the custody of an official record or by his deputy that after diligent
search no record or entry of a specified tenor is found to exist in the records of
his office, accompanied by a certificate as above provided, is admissible as
evidence that the records of his office contain no such record or entry.
SECTION 30. How Judicial Record May Be Impeached. Any judicial record
may be impeached by evidence of a want of jurisdiction in the court or judicial
officer, of collusion between the parties, or of fraud in the party offering the
record, in respect to the proceedings.
SECTION 31. Proof of Real Estate Title, and Other Private Writings, When
Acknowledged. Every instrument conveying or affecting real property situated
in the Philippines acknowledged or proved and certified as provided by law may,
together with the certificate of the acknowledgment or proof, be read in evidence
without further proof. In the case of other private writings, except last wills and
testaments, acknowledged or proved and certified in the manner provided by law
for the acknowledgment or proof of instruments conveying real property, the
certificate of such acknowledgment or proof is prima facie evidence of the
execution of the writing in the same manner as if it were a conveyance of real
property.
SECTION 32. Alterations in Writing, How to Explain. The party producing a
writing as genuine which has been altered and appears to have been altered
after its execution, in a part material to the question in dispute, must account for
the alteration. He may show that the alteration was made by another, without his
concurrence, or was made with the consent of the parties affected by it, or was
otherwise properly or innocently made, or that the alteration did not change the
meaning or language of the instrument. If he does that, he may give the writing in
evidence, but not otherwise.
SECTION 33. Seal. There shall be no difference in legal effect between
sealed and unsealed private writings.
SECTION 34. Documentary Evidence in an Unofficial Language. Documents
written in an unofficial language shall not be admitted as evidence, unless
accompanied with a translation into English or Spanish, or the national language.
To avoid interruption of proceedings, parties or their attorneys are directed to
have such translation prepared before trial.
C. Offer and Objection
SECTION 35. Offer of Evidence. The court shall consider no evidence which
has not been formally offered. The purpose for which the evidence is offered
must be specified.
SECTION 36. Objection. Objection to evidence shall be made as soon as the
grounds therefor shall become reasonably apparent. The grounds for the
objections must be specified.
SECTION 37. Repetition of Objection Unnecessary. A single objection to a
class of evidence when first offered is sufficient, and need not be constantly
repeated when subsequent offers of the same class of evidence are made.
SECTION 38. Ruling. The ruling of the court must be given immediately after
the objection is made, unless the court desires to take a reasonable time to
inform itself on the question presented; but the ruling shall always be made
during the trial and at such time as will give the party against whom it is made an
opportunity to meet the situation presented by the ruling.
RULE 133
Weight and Sufficiency of Evidence
SECTION 1. Preponderance of Evidence, How Determined. In civil cases, the
party having the burden of proof must establish his case by a preponderance of
evidence. In determining where the preponderance or superior weight of
evidence on the issues involved lies, the court may consider all the facts and
circumstances of the case, the witnesses' manner of testifying, their intelligence,
their means and opportunity of knowing the facts to which they are testifying, the
nature of the facts to which they testify, the probability or improbability of their
testimony, their interest or want of interest, and also their personal credibility so
far as the same may legitimately appear upon the trial. The court may also
consider the number of witnesses, though the preponderance is not necessarily
with the greatest number.
SECTION 2. Proof Beyond Reasonable Doubt. In a criminal case, the
defendant is entitled to an acquittal, unless his guilt is shown beyond a
reasonable doubt. Proof beyond a reasonable doubt does not mean such a
degree of proof as, excluding possibility of error, produces absolute certainty.
Moral certainty only is required, or that degree of proof which produces
conviction in an unprejudiced mind.
SECTION 3. Extrajudicial Confession, Not Sufficient Ground for Conviction.
An extrajudicial confession made by an accused, shall not be sufficient ground
for conviction, unless corroborated by evidence of corpus delicti.
SECTION 4. Evidence Necessary in Treason Cases. No person charged with
treason shall be convicted unless on the testimony of two witnesses to the same
overt act, or on confession in open court.
SECTION 5. Circumstantial Evidence, When Sufficient. Circumstantial
evidence is sufficient for conviction if:
(a) There is more than one circumstance;
(b) The facts from which the inferences are derived are proven;
and
(c) The combination of all the circumstances is such as to produce
a conviction beyond a reasonable doubt.
SECTION 6. Power of the Court to Stop Further Evidence. The court may stop
the introduction of further testimony upon any particular point when the evidence
upon it is already so full that more witnesses to the same point cannot be
reasonably expected to be additionally persuasive. But this power should be
exercised with caution.
SECTION 7. Evidence on Motion. When a motion is based on facts not
appearing of record the court may hear the matter on affidavits or depositions
presented by the respective parties, but the court may direct that the matter be
heard wholly or partly on oral testimony or depositions.
RULE 134
Perpetuation of Testimony
SECTION 1. Petition. A person who desires to perpetuate his own testimony
or that of another person regarding any matter that may be cognizable in any
court of the Philippines, may file a verified petition in the court of the province of
the residence of any expected adverse party.
SECTION 2. Contents of Petition. The petition shall be entitled in the name of
the petitioner and shall show: (a) that the petitioner expects to be a party to an
action in a court of the Philippines but is presently unable to bring it or cause it to
be brought; (b) the subject matter of the expected action and his interest therein;
(c) the facts which he desires to establish by the proposed testimony and his
reasons for desiring to perpetuate it; (d) the names or a description of the
persons he expects will be adverse parties and their addresses so far as known;
and (e) the names and addresses of the persons to be examined and the
substance of the testimony which he expects to elicit from each, and shall ask for
an order authorizing the petitioner to take the depositions of the persons to be
examined named in the petition for the purpose of perpetuating their testimony.
SECTION 3. Notice and Service. The petitioner shall thereafter serve a notice
upon each person named in the petition as an expected adverse party, together
with a copy of the petition, stating that the petitioner will apply to the court, at a
time and place named therein, for the order described in the petition. At least
twenty (20) days before the date of hearing the notice shall be served in the
manner provided for service of summons.
SECTION 4. Order and Examination. If the court is satisfied that the
perpetuation of the testimony may prevent a failure or delay of justice, it shall
make an order designating or describing the persons whose deposition may be
taken and specifying the subject matter of the examination, and whether the
depositions shall be taken upon oral examination or written interrogatories. The
depositions may then be taken in accordance with Rule 24 before the hearing.
SECTION 5. Reference to Court. For the purpose of applying Rule 24 to
depositions for perpetuating testimony, each reference therein to the court in
which the action is pending shall be deemed to refer to the court in which the
petition for such deposition was filed.
SECTION 6. Use of Deposition. If a deposition to perpetuate testimony is
taken under this rule, or if, although not so taken, it would be admissible in
evidence, it may be used in any action involving the same subject matter
subsequently brought in accordance with the provisions of sections 4 and 5 of
Rule 24.
SECTION 7. Depositions Pending Appeal. If an appeal has been taken from a
judgment of the Court of First Instance or before the taking of an appeal if the
time therefor has not expired, the Court of First Instance in which the judgment
was rendered may allow the taking of depositions of witnesses to perpetuate
their testimony for use in the event of further proceedings in the said court. In
such case the party who desires to perpetuate the testimony may make a motion
in the said Court of First Instance for leave to take the depositions, upon the
same notice and service thereof as if the action was pending therein. The motion
shall show (a) the names and addresses of the persons to be examined and the
substance of the testimony which he expects to elicit from each; and (b) the
reason for perpetuating their testimony. If the court finds that the perpetuation of
the testimony is proper to avoid a failure or delay of justice, it may make an order
allowing the depositions to be taken, and thereupon the depositions may be
taken and used in the same manner and under the same conditions as are
prescribed in these rules for depositions taken in actions pending in the Court of
First Instance.
PART V
 Legal Ethics
RULE 135
Powers and Duties of Courts and Judicial Officers
SECTION 1. Courts Always Open; Justice to Be Promptly and Impartially
Administered. Courts of justice shall always be open, except on legal holidays,
for the filing of any pleading, motion or other papers, for the trial of cases,
hearing of motions, and for the issuance of orders or rendition of judgments.
Justice shall be impartially administered without unnecessary delay.
SECTION 2. Publicity of Proceedings and Records. The sitting of every court
of justice shall be public, but any court may, in its discretion, exclude the public
when the evidence to be adduced is of such nature as to require their exclusion
in the interest of morality or decency. The records of every court of justice shall
be public records and shall be available for the inspection of any interested
person, at all proper business hours, under the supervision of the clerk having
custody of such records, unless the court shall, in any special case, have
forbidden their publicity, in the interest of morality or decency.
SECTION 3. Process of Superior Courts Enforced Throughout the Philippines.
Process issued from a superior court in which a case is pending to bring in a
defendant, or for the arrest of any accused person, or to execute any order or
judgment of the court, may be enforced in any part of the Philippines. cdrep

SECTION 4. Process of Inferior Courts. The process of inferior court shall be

enforceable within the province where the municipality or city lies. It shall not be
served outside the boundaries of the province in which they are comprised
except with the approval of the judge of first instance of said province, and only in
the following cases:
(a) When an order for the delivery of personal property lying
outside the province is to be complied with;
(b) When an attachment of real or personal property lying outside
the province is to be made;
(c) When the action is against two or more defendants residing in
different provinces; and
(d) When the place where the case has been brought is that
specified in a contract in writing between the parties, or is
the place of the execution of such contract as appears
therefrom.
Writs of execution issued by inferior courts may be enforced in any part of the
Philippines without any previous approval of the judge of first instance.
Criminal process may be issued by a justice of the peace or other inferior court,
to be served outside his province, when the district judge, or in his absence the
provincial fiscal, shall certify that in his opinion the interests of justice require
such service.
SECTION 5. Inherent Powers of Courts. Every court shall have power:
(a) To preserve and enforce order in its immediate presence;
(b) To enforce order in proceedings before it, or before a person or
persons empowered to conduct a judicial investigation under
its authority;
(c) To compel obedience to its judgments, orders and processes,
and to the lawful orders of a judge out of court, in a case
pending therein;
(d) To control, in furtherance of justice, the conduct of its ministerial
officers, and of all other persons in any manner connected
with a case before it, in every manner appertaining thereto;
(e) To compel the attendance of persons to testify in a case
pending therein;
(f) To administer or cause to be administered oaths in a case
pending therein, and in all other cases where it may be
necessary in the exercise of its powers;
(g) To amend and control its process and orders so as to make
them conformable to law and justice;
(h) To authorize a copy of a lost or destroyed pleading or other
paper to be filed and used instead of the original, and to
restore, and supply deficiencies in its records and
proceedings.
SECTION 6. Means to Carry Jurisdiction Into Effect. When by law jurisdiction
is conferred on a court or judicial officer, all auxiliary writs, processes and other
means necessary to carry it into effect may be employed by such court or officer;
and if the procedure to be followed in the exercise of such jurisdiction is not
specifically pointed out by law or by these rules, any suitable process or mode of
proceeding may be adopted which appears conformable to the spirit of said law
or rules.
SECTION 7. Trials and Hearings; Orders in Chambers. All trials upon the
merits shall be conducted in open court and so far as convenient in a regular
court room. All other acts or proceedings may be done or conducted by a judge
in chambers, without the attendance of the clerk or other court officials.
SECTION 8. Interlocutory Orders Out of Province. A judge of first instance
shall have power to hear and determine, when within the district though without
his province, any interlocutory motion or issue after due and reasonable notice to
the parties. On the filing of a petition for the writ of habeas corpus or for release
upon bail or reduction of bail in any Court of First Instance, the hearings may be
had at any place in the judicial district which the judge shall deem convenient.
SECTION 9. Signing Judgments Out of Province. Whenever a judge
appointed or assigned in any province or branch of a Court of First Instance in a
province shall leave the province by transfer or assignment to another court of
equal jurisdiction, or by expiration of his temporary assignment, without having
decided a case totally heard by him and which was argued or an opportunity
given for argument to the parties or their counsel, it shall be lawful for him to
prepare and sign his decision in said case anywhere within the Philippines. He
shall send the same by registered mail to the clerk of the court where the case
was heard or argued to be filed therein as of the date when the same was
received by the clerk, in the same manner as if he had been present in court to
direct the filing of the judgment. If a case has been heard only in part, the
Supreme Court, upon petition of any of the parties to the case and the
recommendation of the respective district judge, may also authorize the judge
who has partly heard the case, if no other judge had heard the case in part, to
continue hearing and to decide said case notwithstanding his transfer or
appointment to another court of equal jurisdiction.
RULE 136
Court Record and General Duties of Clerks and Stenographers
SECTION 1. Seal of Court. The official seal of the Supreme Court shall be the
same as the Great Seal of the Republic of the Philippines, except that within the
upper portion of the double marginal circle shall appear the words "Supreme
Court" and within the lower portion the words "Republic of the Philippines," its
size not to exceed 7/8 of the Great Seal, or 2 3/4 inches diameter.
The seal of the Court of Appeals shall be the same as that of the Supreme Court
with the only difference that it shall bear, running from left to right, on the outside
edge, the words "Court of Appeals of the Philippines."
The seal of the Court of First Instance shall be the same as that of the Supreme
Court with the only difference that it shall bear, running from left to right, on the
upper outside edge, the words "Court of First Instance," on the lower outside
edge, the name of the province, and in the center, the word "Philippines."
SECTION 2. Style of Process. Process shall be under the seal of the court
from which it issues, be styled "Republic of the Philippines, Province or City of
_________" to be signed by the clerk and bear date the day it actually issued.
SECTION 3. Clerk's Office. The clerk's office, with the clerk or his deputy in
attendance, shall be open during business hours on all days except Sundays and
legal holidays. The clerk of the Supreme Court and that of the Court of Appeals
shall keep office at Manila and all papers authorized or required to be filed
therein shall be filed at Manila.
SECTION 4. Issuance by Clerk of Process. The clerk of a superior court shall
issue under the seal of the court all ordinary writs and process incident to
pending cases, the issuance of which does not involve the exercise of functions
appertaining to the court or judge only; and may, under the direction of the court
or judge, make out and sign letters of administration, appointments of guardians,
trustees, and receivers, and all writs and process issuing from the court.
SECTION 5. Duties of the Clerk in the Absence or by Direction of the Judge.
In the absence of the judge, the clerk may perform all the duties of the judge in
receiving applications, petitions, inventories, reports, and the issuance of all
orders and notices that follow as a matter of course under these rules, and may
also, when directed so to do by the judge, receive the accounts of executors,
administrators, guardians, trustees, and receivers, and all evidence relating to
them, or to the settlement of the estates of deceased persons, or to
guardianships, trusteeships, or receiverships, and forthwith transmit such reports,
accounts, and evidence to the judge, together with his findings in relation to the
same, if the judge shall direct him to make findings and include the same in his
report.
SECTION 6. Clerk Shall Receive Papers and Prepare Minutes. The clerk of
each superior court shall receive and file all pleadings and other papers properly
presented, endorsing on each such paper the time when it was filed, and shall
attend all of the sessions of the court and enter its proceedings for each day in a
minute book to be kept by him.
SECTION 7. Safekeeping of Property. The clerk shall safely keep all records,
papers, files, exhibits and public property committed to his charge, including the
library of the court, and the seals and furniture belonging to his office.
SECTION 8. General Docket. The clerk shall keep a general docket, each
page of which shall be numbered and prepared for receiving all the entries in a
single case, and shall enter therein all cases, numbered consecutively in the
order in which they were received, and, under the heading of each case and a
complete title thereof, the date of each paper filed or issued, of each order or
judgment entered, and of each other step taken in the case, so that by reference
to a single page the history of the case may be seen.
SECTION 9. Judgment and Entries Book. The clerk shall keep a judgment
book containing a copy of each judgment rendered by the court in order of its
date, and a book of entries of judgments containing at length in chronological
order entries of all final judgments or orders of the court.
SECTION 10. Execution Book. The clerk shall keep an execution book in
which he or his deputy shall record at length in chronological order each
execution, and the officer's return thereon, by virtue of which real property has
been sold.
SECTION 11. Certified Copies. The clerk shall prepare, for any person
demanding the same, a copy certified under the seal of the court of any paper,
record, order, judgment, or entry in his office, proper to be certified, for the fees
prescribed by these rules.
SECTION 12. Other Books and Duties. The clerk shall keep such other books
and perform such other duties as the court may direct.
SECTION 13. Index; Separating Cases. The general docket, judgment book,
entries book and execution book shall each be indexed in alphabetical order in
the names of the parties, and each of them. If the court so directs, the clerk shall
keep two or more of either or all of the books and dockets above mentioned,
separating civil from criminal cases, or actions from special proceedings, or
otherwise keeping cases separated by classes as the court shall deem best.
SECTION 14. Taking of Record From the Clerk's Office. No record shall be
taken from the clerk's office without an order of the court except as otherwise
provided by these rules. However, the Solicitor General or any of his assistants,
the provincial fiscal or his deputy, and the attorneys de oficio shall be permitted,
upon proper receipt, to withdraw from the clerk's office the record of any cases in
which they are interested.
SECTION 15. Unprinted Papers. All unprinted documents presented to the
superior courts of the Philippines shall be written on paper of good quality twelve
and three eights inches in length by eight and one-half inches in width, leaving a
margin at the top and at the left-hand side not less than one inch and one-half in
width. Papel catalan, of the first and second classes, legal cap, and typewriting
paper of such weight as not to permit the writing of more than one original and
two carbons at one time, will be accepted, provided that such paper is of the
required size and of good quality. Documents written with ink shall not be of more
than twenty-five lines to one page. Typewritten documents shall be written
double-spaced. One side only of the page will be written upon, and the different
sheets will be sewn together, firmly, by five stitches in the left-hand border in
order to facilitate the formation of the expediente, and they must not be doubled.
SECTION 16. Printed Papers. All papers required by these rules to be printed
shall be printed with black ink on unglazed paper, with pages six inches in width
by nine inches in length, in pamphlet form. The type used shall not be smaller
than twelve point. The paper used shall be of sufficient weight to prevent the
printing upon one side from being visible upon the other.
SECTION 17. Stenographer. It shall be the duty of the stenographer who has
attended a session of a court either in the morning or in the afternoon, to deliver
to the clerk of court, immediately at the close of such morning or afternoon
session, all the notes he has taken, to be attached to the record of the case; and
it shall likewise be the duty of the clerk to demand that the stenographer comply
with said duty. The clerk of court shall stamp the date on which such notes are
received by him. When such notes are transcribed the transcript shall be
delivered to the clerk, duly initialed on each page thereof, to be attached to the
record of the case.
Whenever requested by a party, any statement made by a judge of first instance,
or by a commissioner, with reference to a case being tried by him, or to any of
the parties thereto, or to any witness or attorney, during the hearing of such case,
shall be made of record in the stenographic notes.
SECTION 18. Docket and Other Records of Inferior Courts. Every justice of
the peace and municipal judge shall keep a well-bound book labeled "docket," in
which he shall enter for each case:
(a) The title of the case including the names of all the parties;
(b) The nature of the case, whether civil or criminal, and if the
latter, the offense charged;
(c) The date of issuing preliminary and intermediate process
including orders of arrest and subpoenas, and the date and
nature of the return thereon;
(d) The date of the appearance or default of the defendant;
(e) The date of presenting the plea, answer, or motion to quash,
and the nature of the same;
(f) The minutes of the trial, including the date thereof and of all
adjournments;
(g) The names and addresses of all witnesses;
(h) The date and nature of the judgment, and, in a civil case, the
relief granted;
(i) An itemized statement of the costs;
(j) The date of any execution issued, and the date and contents of
the return thereon;
 (k) The date of any notice of appeal filed, and the name of the
party filing the same.
A justice of the peace or municipal judge may keep two dockets, one for civil and
one for criminal cases. He shall also keep all the pleadings and other papers and
exhibits in cases pending in his court, and shall certify copies of his docket
entries and other records proper to be certified, for the fees prescribed by these
rules. It shall not be necessary for the justice of the peace or municipal judge to
reduce to writing the testimony of witnesses, except that of the accused in
preliminary investigations.
SECTION 19. Entry on Docket of Inferior Courts. Each justice of the peace or
municipal judge shall, at the beginning and in front of all his entries in his docket,
make and subscribe substantially the following entry:
"A docket of proceedings in cases before _________, justice of the
peace (or municipal judge) of the municipality (or city) of ________, in
the province of __________, Republic of the Philippines.
Witness my signature,
________________________________
"Justice of the Peace (or Municipal Judge)"
RULE 137
Disqualification of Judicial Officers
SECTION 1. Disqualification of Judges. No judge or judicial officer shall sit in
any case in which he, or his wife or child, is pecuniarily interested as heir,
legatee, creditor or otherwise, or in which he is related to either party within the
sixth degree of consanguinity or affinity, or to counsel within the fourth degree,
computed according to the rules of the civil law, or in which he has been
executor, administrator, guardian, trustee or counsel, or in which he has presided
in any inferior court when his ruling or decision is the subject of review, without
the written consent of all parties in interest, signed by them and entered upon the
record.
A judge may, in the exercise of his sound discretion, disqualify himself from
sitting in a case, for just or valid reasons other than those mentioned above.
SECTION 2. Objection that Judge Disqualified, How Made and Effect. If it be
claimed that an official is disqualified from sitting as above provided, the party
objecting to his competency may, in writing, file with the official his objection,
stating the grounds therefor, and the official shall thereupon proceed with the
trial, or withdraw therefrom, in accordance with his determination of the question
of his disqualification. His decision shall be forthwith made in writing and filed
with the other papers in the case, but no appeal or stay shall be allowed from, or
by reason of, his decision in favor of his own competency, until after final
judgment in the case.
RULE 138
Attorneys and Admission to Bar
SECTION 1. Who May Practice Law. Any person heretofore duly admitted as
a member of the bar, or hereafter admitted as such in accordance with the
provisions of this rule, and who is in good and regular standing, is entitled to
practice law.
SECTION 2. Requirements for all Applicants for Admission to the Bar. Every
applicant for admission as a member of the bar must be a citizen of the
Philippines, at least twenty-one years of age, of good moral character, and a
resident of the Philippines; and must produce before the Supreme Court
satisfactory evidence of good moral character, and that no charges against him,
involving moral turpitude, have been filed or are pending in any court in the
Philippines.
SECTION 3. Requirements for Lawyers Who are Citizens of the United States of
America. Citizens of the United States of America who, before July 4, 1946,
were duly licensed members of the Philippine Bar, in active practice in the courts
of the Philippines and in good and regular standing as such may, upon
satisfactory proof of those facts before the Supreme Court, be allowed to
continue such practice after taking the following oath of office:
"I, ____________, having been permitted to continue in the practice of
law in the Philippines, do solemnly swear that I recognize the supreme
authority of the Republic of the Philippines; I will support its Constitution
and obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent to the doing of any
in court; I will not wittingly or willingly promote or sue any groundless,
false or unlawful suit, nor give aid nor consent to the same; I will delay
no man for money or malice, and will conduct myself as a lawyer
according to the best of my knowledge and discretion with all good
fidelity as well to the courts as to my clients; and I impose upon myself
this voluntary obligation without any mental reservation or purpose of
evasion. So help me God."
SECTION 4. Requirements for Applicants From Other Jurisdictions.
Applicants for admission who, being Filipino citizens, are enrolled attorneys in
good standing in the Supreme Court of the United States or in any circuit court of
appeals or district court therein, or in the highest court of any State or Territory of
the United States, and who can show by satisfactory certificates that they have
practiced at least five years in any of said courts, that such practice began before
July 4, 1946, and that they have never been suspended or disbarred, may, in the
discretion of the Court, be admitted without examination.
SECTION 5. Additional Requirements for Other Applicants. All applicants for
admission other than those referred to in the two preceding sections shall, before
being admitted to the examination, satisfactorily show that they have regularly
studied law for four years, and successfully completed all prescribed courses, in
a law school or university, officially approved and recognized by the Secretary of
Education. The affidavit of the candidate, accompanied by a certificate from the
university or school of law, shall be filed as evidence of such facts, and further
evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless he has
satisfactorily completed the following courses in a law school or university duly
recognized by the government: civil law, commercial law, remedial law, criminal
law, public and private international law, political law, labor and social legislation,
medical jurisprudence, taxation and legal ethics.
SECTION 6. Pre-Law. No applicant for admission to the bar examination shall
be admitted unless he presents a certificate that he has satisfied the Secretary of
Education that, before he began the study of law, he had pursued and
satisfactorily completed in an authorized and recognized university or college,
requiring for admission thereto the completion of a four-year high school course,
the course of study prescribed therein for a bachelor's degree in arts or sciences
with any of the following subjects as major or field of concentration: political
science, logic, english, spanish, history and economics.
SECTION 7. Time for Filing Proof of Qualifications. All applicants for
admission shall file with the clerk of the Supreme Court the evidence required by
section 2 of this rule at least fifteen (15) days before the beginning of the
examination. If not embraced within sections 3 and 4 of this rule they shall also
file within the same period the affidavit and certificate required by section 5, and
if embraced within sections 3 and 4 they shall exhibit a license evidencing the
fact of their admission to practice, satisfactory evidence that the same has not
been revoked, and certificates as to their professional standing. Applicants shall
also file at the same time their own affidavits as to their age, residence, and
citizenship.
SECTION 8. Notice of Applications. Notice of applications for admission shall
be published by the clerk of the Supreme Court in newspapers published in
Pilipino, English and Spanish, for at least ten (10) days before the beginning of
the examination.
SECTION 9. Examination; Subjects. Applicants, not otherwise provided for in
sections 3 and 4 of this rule, shall be subjected to examinations in the following
subjects: Civil Law; Labor and Social Legislation; Mercantile Law; Criminal Law;
Political Law (Constitutional Law, Public Corporations, and Public Officers);
International Law (Private and Public); Taxation; Remedial Law (Civil Procedure,
Criminal Procedure, and Evidence); Legal Ethics and Practical Exercises (in
Pleading and Conveyancing).
SECTION 10. Bar Examination, by Questions and Answers, and in Writing.
Persons taking the examination shall not bring papers, books or notes into the
examination rooms. The questions shall be the same for all examinees and a
copy thereof, in English or Spanish, shall be given to each examinee. Examinees
shall answer the questions personally without help from anyone.
Upon verified application made by an examinee stating that his penmanship is so
poor that it will be difficult to read his answers without much loss of time, the
Supreme Court may allow such examinee to use a typewriter in answering the
questions. Only noiseless typewriters shall be allowed to be used.
The committee of bar examiners shall take such precautions as are necessary to
prevent the substitution of papers or commission of other frauds. Examinees
shall not place their names on the examination papers. No oral examination shall
be given.
SECTION 11. Annual Examination. Examinations for admission to the bar of
the Philippines shall take place annually in the City of Manila. They shall be held
in four days to be designated by the chairman of the committee on bar
examiners. The subjects shall be distributed as follows: First day: Political and
International Law (morning) and Labor and Social Legislation (afternoon);
Second day: Civil Law (morning) and Taxation (afternoon); Third day: Mercantile
Law (morning) and Criminal Law (afternoon); Fourth day: Remedial Law
(morning) and Legal Ethics and Practical Exercises (afternoon).
SECTION 12. Committee of Examiners. Examinations shall be conducted by a
committee of bar examiners to be appointed by the Supreme Court. This
committee shall be composed of a Justice of the Supreme Court, who shall act
as chairman, and who shall be designated by the court to serve for one year, and
eight members of the bar of the Philippines, who shall hold office for a period of
one year. The names of the members of this committee shall be published in
each volume of the official reports.
SECTION 13. Disciplinary Measures. No candidate shall endeavor to
influence any member of the committee, and during examination the candidates
shall not communicate with each other nor shall they give or receive any
assistance. The candidate who violates this provision, or any other provision of
this rule, shall be barred from the examination, and the same to count as a failure
against him, and further disciplinary action, including permanent disqualification,
may be taken in the discretion of the court.
SECTION 14. Passing Average. In order that a candidate may be deemed to
have passed his examinations successfully, he must have obtained a general
average of 75 per cent in all subjects, without falling below 50 per cent in any
subject. In determining the average, the subjects in the examination shall be
given the following relative weights: Civil Law, 15 per cent; Labor and Social
Legislation, 10 per cent; Mercantile Law, 15 per cent; Criminal Law; 10 per cent;
Political and International Law, 15 per cent; Taxation, 10 per cent; Remedial Law,
20 per cent; Legal Ethics and Practical Exercises, 5 per cent.
SECTION 15. Report of the Committee; Filing of Examination Papers. Not
later than February 15th after the examination, or as soon thereafter as may be
practicable, the committee shall file its report on the result of such examination.
The examination papers and notes of the committee shall be filed with the clerk
and may there be examined by the parties in interest, after the court has
approved the report.
SECTION 16. Failing Candidates to Take Review Course. Candidates who
have failed the bar examinations for three times shall be disqualified from taking
another examination unless they show to the satisfaction of the court that they
have enrolled in and passed regular fourth year review classes as well as
attended a pre-bar review course in a recognized law school.
The professors of the individual review subjects attended by the candidates
under this rule shall certify under oath that the candidates have regularly
attended classes and passed the subjects under the same conditions as ordinary
students and the ratings obtained by them in the particular subject.
SECTION 17. Admission and Oath of Successful Applicants. An applicant who
has passed the required examination, or has been otherwise found to be entitled
to admission to the bar, shall take and subscribe before the Supreme Court the
corresponding oath of office.
SECTION 18. Certificate. The Supreme Court shall thereupon admit the
applicant as a member of the bar for all the courts of the Philippines, and shall
direct an order to be entered to that effect upon its records, and that a certificate
of such record be given to him by the clerk of court, which certificate shall be his
authority to practice.
SECTION 19. Attorneys' Roll. The clerk of the Supreme Court shall keep a roll
of all attorneys admitted to practice, which roll shall be signed by the person
admitted when he receives his certificate.
SECTION 20. Duties of Attorneys. It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to
support the Constitution and obey the laws of the
Philippines;
 (b) To observe and maintain the respect due to the courts of justice
and judicial officers;
(c) To counsel or maintain such actions or proceedings only as
appear to him to be just, and such defenses only as he
believes to be honestly debatable under the law;
(d) To employ, for the purpose of maintaining the causes confided
to him, such means only as are consistent with truth and
honor, and never seek to mislead the judge or any judicial
officer by an artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to
himself, to preserve the secrets of his client, and to accept
no compensation in connection with his client's business
except from him or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact
prejudicial to the honor or reputation of a party or witness,
unless required by the justice of the cause with which he is
charged;
(g) Not to encourage either the commencement or the continuance
of an action or proceeding, or delay any man's cause, from
any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the
cause of the defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and
honorable means, regardless of his personal opinion as to
the guilt of the accused, to present every defense that the
law permits, to the end that no person may be deprived of
life or liberty, but by due process of law.
SECTION 21. Authority of Attorney to Appear. An attorney is presumed to be
properly authorized to represent any cause in which he appears, and no written
power of attorney is required to authorize him to appear in court for his client, but
the presiding judge may, on motion of either party and on reasonable grounds
therefor being shown, require any attorney who assumes the right to appear in a
case to produce or prove the authority under which he appears, and to disclose,
whenever pertinent to any issue, the name of the person who employed him, and
may thereupon make such order as justice requires. An attorney willfully
appearing in court for a person without being employed, unless by leave of the
court, may be punished for contempt as an officer of the court who has
misbehaved in his official transactions.
SECTION 22. Attorney Who Appears in Lower Court Presumed to Represent
Client on Appeal. An attorney who appears de parte in a case before a lower
court shall be presumed to continue representing his client on appeal, unless he
files a formal petition withdrawing his appearance in the appellate court.
SECTION 23. Authority of Attorneys to Bind Clients. Attorneys have authority
to bind their clients in any case by any agreement in relation thereto made in
writing, and in taking appeals, and in all matters of ordinary judicial procedure.
But they cannot, without special authority, compromise their client's litigation, or
receive anything in discharge of a client's claim but the full amount in cash.
SECTION 24. Compensation of Attorneys; Agreement as to Fees. An attorney
shall be entitled to have and recover from his client no more than a reasonable
compensation for his services, with a view to the importance of the subject matter
of the controversy, the extent of the services rendered, and the professional
standing of the attorney. No court shall be bound by the opinion of attorneys as
expert witnesses as to the proper compensation, but may disregard such
testimony and base its conclusion on its own professional knowledge. A written
contract for services shall control the amount to be paid therefor unless found by
the court to be unconscionable or unreasonable.
SECTION 25. Unlawful Retention of Client's Funds; Contempt. When an
attorney unjustly retains in his hands money of his client after it has been
demanded, he may be punished for contempt as an officer of the Court who has
misbehaved in his official transactions; but proceedings under this section shall
not be a bar to a criminal prosecution.
SECTION 26. Change of Attorneys. An attorney may retire at any time from
any action or special proceeding, by the written consent of his client filed in court.
He may also retire at any time from an action or special proceeding, without the
consent of his client, should the court, on notice to the client and attorney, and on
hearing, determine that he ought to be allowed to retire. In case of substitution,
the name of the attorney newly employed shall be entered on the docket of the
court in place of the former one, and written notice of the change shall be given
to the adverse party.
A client may at any time dismiss his attorney or substitute another in his place,
but if the contract between client and attorney has been reduced to writing and
the dismissal of the attorney was without justifiable cause, he shall be entitled to
recover from the client the full compensation stipulated in the contract. However,
the attorney may, in the discretion of the court, intervene in the case to protect
his rights. For the payment of his compensation the attorney shall have a lien
upon all judgments for the payment of money, and executions issued in
pursuance of such judgment, rendered in the case wherein his services had been
retained by the client.
SECTION 27. Attorneys Removed or Suspended by Supreme Court on What
Grounds. A member of the bar may be removed or suspended from his office
as attorney by the Supreme Court for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral conduct, or by reason of his
conviction of a crime involving moral turpitude, or for any violation of the oath
which he is required to take before admission to practice, or for a wilful
disobedience of any lawful order of a superior court, or for corruptly or wilfully
appearing as an attorney for a party to a case without authority so to do. The
practice of soliciting cases at law for the purpose of gain, either personally or
through paid agents or brokers, constitutes malpractice.
SECTION 28. Suspension of Attorney by the Court of Appeals or a Court of First
Instance. The Court of Appeals or a Court of First Instance may suspend an
attorney from practice for any of the causes named in the last preceding section,
and after such suspension such attorney shall not practice his profession until
further action of the Supreme Court in the premises.
SECTION 29. Upon Suspension by Court of Appeals or Court of First Instance,
Further Proceedings in Supreme Court. Upon such suspension, the Court of
Appeals or the Court of First Instance shall forthwith transmit to the Supreme
Court a certified copy of the order or suspension and a full statement of the facts
upon which the same was based. Upon the receipt of such certified copy and
statement, the Supreme Court shall make full investigation of the facts involved
and make such order revoking or extending the suspension, or removing the
attorney from his office as such, as the facts warrant.
SECTION 30. Attorney to Be Heard Before Removal or Suspension. No
attorney shall be removed or suspended from the practice of his profession, until
he has had full opportunity upon reasonable notice to answer the charges
against him, to produce witnesses in his own behalf, and to be heard by himself
or counsel. But if upon reasonable notice he fails to appear and answer the
accusation, the court may proceed to determine the matter ex parte.
SECTION 31. Attorneys for Destitute Litigants. A court may assign an attorney
to render professional aid free of charge to any party in a case, if upon
investigation it appears that the party is destitute and unable to employ an
attorney, and that the services of counsel are necessary to secure the ends of
justice and to protect the rights of the party. It shall be the duty of the attorney so
assigned to render the required service, unless he is excused therefrom by the
court for sufficient cause shown. cdasia

SECTION 32. Compensation for Attorneys De Oficio. Subject to availability of

funds as may be provided by law the court may, in its discretion, order an
attorney employed as counsel de oficio to be compensated in such sum as the
court may fix in accordance with section 24 of this rule. Whenever such
compensation is allowed, it shall not be less than thirty pesos (P30.00) in any
case, nor more than the following amounts: (1) Fifty pesos (P50.00) in light
felonies; (2) One hundred pesos (P100.00) in less grave felonies; (3) Two
hundred pesos (P200.00) in grave felonies other than capital offenses; (4) Five
hundred pesos (P500.00) in capital offenses.
SECTION 33. Standing in Court of Persons Authorized to Appear for
Government. Any official or other person appointed or designated in
accordance with law to appear for the Government of the Philippines shall have
all the rights of a duly authorized member of the bar to appear in any case in
which said government has an interest direct or indirect.
SECTION 34. By Whom Litigation Conducted. In the court of a justice of the
peace a party may conduct his litigation in person, with the aid of an agent or
friend appointed by him for that purpose, or with the aid of an attorney. In any
other court, a party may conduct his litigation personally or by aid of an attorney,
and his appearance must be either personal or by a duly authorized member of
the bar.
SECTION 35. Certain Attorneys Not to Practice. No judge or other official or
employee of the superior courts or of the Office of the Solicitor General, shall
engage in private practice as a member of the bar or give professional advice to
clients.
SECTION 36. Amicus Curiae. The court may, in special cases, and upon
proper application, permit the appearance, as amici curiae, of those lawyers who
in its opinion can help in the disposition of the matter before it; or it may, on its
own initiative, invite prominent attorneys to appear as amici curiae in such
special cases.
SECTION 37. Attorneys' Liens. An attorney shall have a lien upon the funds,
documents and papers of his client which have lawfully come into his possession
and may retain the same until his lawful fees and disbursements have been paid,
and may apply such funds to the satisfaction thereof. He shall also have a lien to
the same extent upon all judgments for the payment of money, and executions
issued in pursuance of such judgments, which he has secured in a litigation of
his client, from and after the time when he shall have caused a statement of his
claim of such lien to be entered upon the records of the court rendering such
judgment, or issuing such execution, and shall have caused written notice thereof
to be delivered to his client and to the adverse party; and he shall have the same
right and power over such judgments and executions as his client would have to
enforce his lien and secure the payment of his just fees and disbursements.
RULE 139
Disbarment or Suspension of Attorneys
SECTION 1. Motion or Complaint. Proceedings for the removal or suspension
of attorneys may be taken by the Supreme Court on its own motion or upon the
complaint under oath of another in writing. The complaint shall set out distinctly,
clearly, and concisely the facts complained of, supported by affidavits, if any, of
persons having personal knowledge of the facts therein alleged and shall be
accompanied with copies of such documents as may substantiate said facts.
SECTION 2. Service or Dismissal. If the complaint appears to merit action, a
copy thereof shall be served upon the respondent, requiring him to answer the
same within ten (10) days from the date of service. If the complaint does not
merit action, or if the answer shows to the satisfaction of the Supreme Court that
the complaint is not meritorious, the same shall be dismissed.
SECTION 3. Investigation by Solicitor General. Upon the issues raised by the
complaint and answer, or upon failure of the respondent to answer, the case
shall be referred to the Solicitor General for investigation to determine if there is
sufficient ground to proceed with the prosecution of the respondent. In the
investigation conducted by the Solicitor General, the respondent shall be given
full opportunity to defend himself, to produce witnesses in his own behalf, and to
be heard by himself and counsel. However, if upon reasonable notice, the
respondent fails to appear, the investigation shall proceed ex parte.
SECTION 4. Report of the Solicitor General. Based upon the evidence
adduced at the hearing, if the Solicitor General finds no sufficient ground to
proceed against the respondent, he shall submit a report to the Supreme Court
containing his findings of fact and conclusion, whereupon the respondent shall be
exonerated unless the court orders differently.
SECTION 5. Complaint of the Solicitor General. Answer of Respondent. If the
Solicitor General finds sufficient ground to proceed against the respondent, he
shall file the corresponding complaint, accompanied with all the evidence
introduced in his investigation, with the Supreme Court, and the respondent shall
be served by the clerk of the Supreme Court with a copy of the complaint with
direction to answer the same within fifteen (15) days.
SECTION 6. Evidence Produced Before Solicitor General Available. The
evidence produced before the Solicitor General in his investigation may be
considered by the Supreme Court in the final decision of the case, if the
respondent had an opportunity to object and cross-examine. If in the
respondent's answer no statement is made as to any intention of introducing
additional evidence, the case shall be set down for hearing, upon the filing of
such answer or upon the expiration of the time to file the same.
SECTION 7. Commissioner to Investigate and Recommend. Rules of Evidence.
Upon receipt of the respondent's answer, wherein a statement is made as to
his desire to introduce additional evidence, the case shall be referred to a
commissioner who, in the discretion of the court, may be the clerk of the
Supreme Court, a judge of first instance, or an attorney-at-law for investigation,
report, and recommendation. The Solicitor General or his representative shall
appear before the commissioner to conduct the prosecution. The respondent
shall be given full opportunity to defend himself, to produce additional evidence in
his own behalf, and to be heard by himself and counsel. However, if upon
reasonable notice the respondent fails to appear, the investigation shall
proceed ex parte. The rules of evidence shall be applicable to proceedings of this
nature.
SECTION 8. Report of Commissioner and Hearing. Upon receipt of the report
of the commissioner, copies of which shall be furnished the Solicitor General and
the respondent, the case shall be set down for hearing before the court, following
which the case shall be considered submitted to the court for its final
determination.
SECTION 9. Procedure in Court of Appeals or Courts of First Instance. As far
as may be applicable, the procedure above outlined shall likewise govern the
filing and investigation of complaints against attorneys in the Court of Appeals or
in Courts of First Instance. In case of suspension of the respondent, the judge of
the court of first instance or Justice of the Court of Appeals shall forthwith
transmit to the Supreme Court a certified copy of the order of suspension and a
full statement of the facts upon which same is based.
SECTION 10. Confidential. Proceedings against attorneys shall be private and
confidential, except that the final order of the court shall be made public as in
other cases coming before the court.
RULE 140
Charges Against Judges of First Instance
SECTION 1. Complaint. All charges against judges of first instance shall be in
writing and shall set out distinctly, clearly, and concisely the facts complained of
as constituting the alleged serious misconduct or inefficiency of the respondent,
and shall be sworn to and supported by affidavits of persons who have personal
knowledge of the facts therein alleged, and shall be accompanied with copies of
documents which may substantiate said facts.
SECTION 2. Service or Dismissal. If the charges appear to merit action, a
copy thereof shall be served upon the respondent, requiring him to answer within
ten (10) days from the date of service. If the charges do not merit action, or if the
answer shows to the satisfaction of the court that the charges are not
meritorious, the same shall be dismissed.
SECTION 3. Answer; Hearing. Upon the filing of respondent's answer, or upon
the expiration of the time for its filing, the court shall assign one of its members, a
Justice of the Court of Appeals or a judge of first instance to conduct the hearing
of the charges. The Justice or judge so assigned shall set a day for the hearing,
and notice thereof shall be served on both parties. At such hearing the parties
may present oral or written evidence.
SECTION 4. Report. After the hearing, the Justice or judge shall file with the
Supreme Court a report of his findings of fact and conclusions of law,
accompanied by the evidence presented by the parties and the other papers in
the case.
SECTION 5. Action. After the filing of the report, the court will take such action
as the facts and the law may warrant.
SECTION 6. Confidential. Proceedings against judges of first instance shall be
private and confidential.
RULE 141
Legal Fees
SECTION 1. Persons Authorized to Collect Legal Fees. Except as otherwise
provided in this rule, the officers and persons hereinafter mentioned, together
with their assistants and deputies, may demand, receive, and take the several
fees hereinafter mentioned and allowed for any business by them respectively
done by virtue of their several offices, and no more.
SECTION 2. Clerks of the Court of Appeals and of the Supreme Court. (a) For
filing an action, proceeding, records on appeal, entering appearance of the
parties, entering orders of the court, filing and docketing all motions, docketing of
case on all proper dockets, and indexing the same, entering, recording and
certification of judgment to the lower court, taxing the costs, administering all
necessary oaths or affirmations in the action or proceeding, recording the opinion
of the court, and issuing all necessary process in the action or proceeding not
herein otherwise provided for, each action or special proceeding, P48;
(b) For furnishing transcripts of the record or copies of any record, judgement, or
entry of which any person is entitled to demand and receive a copy, for each one
hundred words of fractional part thereof, twenty centavos;
(c) For each certificate not on process, one peso (P1.00) ;
(d) For every search for anything above a year's standing and reading the same,
one peso (P100) ;
(e) For a commission on all money coming into his hands by these rules or order
of the court and caring for the same, one-half of one per cent on all sums not
exceeding two thousand pesos and one quarter of one per cent upon all sums in
excess of two thousand pesos, and one-eighth of one per cent on all sums in
excess of twenty thousand pesos.
SECTION 3. Fees to Be Paid by the Advancing Party. The fees of the clerk of
the Court of Appeals or of the Supreme Court shall be paid to him at the time of
the entry of the action or proceeding in the court by the party who enters the
same by appeal, or otherwise, and the clerk shall in all cases give a receipt for
the same and shall enter the amount received upon his book, specifying the date
when received, person from whom received, name of action in which received,
and amount received. If the fees are not paid, the court may refuse to proceed
with the action until they are paid and may dismiss the appeal or the action or
proceeding.
SECTION 4. Fees of Bar Candidates. (a) For filing the application for
admission to the bar, whether admitted to the examination or not, P100.00;
(b) For the certificate of admission to the bar, after taking the attorney's oath,
P100.00.
SECTION 5. Clerks of Courts of First Instance. (a) For filing an action or
proceeding, or a permissive counter-claim or cross-claim not arising out of the
same transaction subject of the complaint, a third-party complaint and a
complaint in intervention and for all services in the same, if the sum claimed,
exclusive of interest, or the value of the property in litigation, or the value of the
state, is:
1. Less than P200.00 P16.00
2. P200 or more but less than P600 24.00
3. P600 or more but less than P3,000 32.00
4. P3,000 or more but less than P5,000 40.00
5. P5,000 or more but less than P20,000 60.00
6. P20,000 or more but less than P50,000 80.00
7. P50,000 or more but less than P100,000 100.00
8. P100,000 or more but less than P150,000 150.00
9. And for each P1,000 in excess of P150,000 2.00
10. When the value of the case can not be estimated 200.00
11. When the case does not concern property
(naturalization, adoption, legal separation, etc.) 32.00
12. In forcible entry and illegal detainer cases
appealed from inferior courts 20.00
If the case concerns real estate, the assessed value thereof shall be considered
in computing the fees.
In case the value of the property or estate or the sum claimed is less or more in
accordance with the appraisal of the court, the difference of fee shall be refunded
or paid as the case may be.
(b) For certifying the official act of a justice of the peace or other certificate, with
seal, two pesos.
(c) For certified copies of any paper, record, decree, judgment of entry of which
any person is entitled to demand and receive a copy, for each one hundred
words, forty centavos.
(d) For the services of all clerks of court in the performance of their duties in all
criminal proceedings, thirty-two pesos shall be collected.
(e) For all clerical services in the allowance of wills, granting letters of
administration, appointment of guardians, trustees, settlement of the accounts of
executors, administrators, guardians, trustees, and recording final and
interlocutory orders and judgments therein, filing of inventory and appraisements,
and for all other work as clerk pertaining to any one estate, fees payable out of
the estate shall be collected in accordance with the value of the property involved
in the proceedings as follows:
1. Less than P3,000 P 32.00
2. P3,000 or more but less than P5,000 40.00
3. P5,000 or more but less than P10,000 60.00
4. P10,000 or more but less than P30,000 160.00
5. P30,000 or more but less than P50,000 270.00
6. P50,000 or more but less than P75,000 450.00
7. P75,000 or more but less than P100,000 540.00
8. P100,000 540.00 plus one
peso for each
P1,000 in excess.
If the value of the estate as definitely appraised by the court, after deducting the
amount of the claims allowed against it, is more or less than the value declared in
the application, the difference of fee shall be paid or refunded as the case may
be.
(f) For a commission on all money coming into his hands by law, rule or order of
court and caring for the same, one-half of one per centum on all sums not
exceeding two thousand pesos, and one-quarter of one per centum upon all
sums in excess of two thousand pesos but not in excess of twenty thousand
pesos, and one-eighth of oneper centum on all sums in excess of twenty
thousand pesos. For any other services as clerk, not provided in this section, if
such there be, such sum as the Supreme Court may fix.
SECTION 6. Justice of the Peace and Municipal Judges. (a) Except as
provided for in section 17 of Rule 5, for each civil action or proceeding where the
value of the subject matter involved or the amount of the demand, exclusive of
interest and costs, is:
(1) Less than P200 P16.00
(2) P200 or more but less than P600 24.00
(3) P600 or more but less than P3,000 32.00
(4) P3,000 or more but not exceeding P5,000 40.00
(5) When the case does not primarily concern
property (naturalization, guardianship, adoption,
legal separation, etc.) 32.00
(6) In forcible entry and illegal detainer cases 10.00
(b) For the performance of marriage ceremony, including issuance of certificate
of marriage, two pesos.
(c) For taking affidavit, one peso.
(d) For taking acknowledgement, one peso and fifty centavos.
(e) For writing and certifying depositions, including oath, per one hundred words,
or fractional part thereof, forty centavos.
(f) For certified copies of any record, per one hundred words, or fractional part
thereof, forty centavos.
(g) For stamping and registering books as required by articles nineteen and
thirty-six of the Code of Commerce, each book, two pesos.
(h) For performing notarial acts for which fees are not specifically fixed in this
section, the same fees which notaries public are entitled to receive.
The foregoing fee bill, in English, Spanish, and the National Language shall be
posted in a conspicuous place in the office of every justice of the peace or
municipal judge.
SECTION 7. Sheriffs, and Other Persons Serving Process. (a) For executing
process, preliminary, incidental, and final of any court, for each kilometer of travel
in the service of process, reckoned from the place of service to the place to
which the process is returnable, ten centavos, but if the process is executed by a
municipal deputy sheriff residing in the municipality where the party served is,
such officer shall receive the fees for the service of process, without kilometrage;
(b) For serving an attachment against the property of defendant, four pesos,
together with a reasonable allowance to be made by the court for expenses, if
any, necessarily incurred in caring for property attached;
(c) For serving summons and copy of complaint furnished by the complainant for
each defendant, four pesos, but when the defendants reside at the same place,
the fee shall be two pesos for each defendant;
(d) For serving subpoenas, for each witness served, forty centavos, besides
travel fees;
(e) For each copy of any process necessarily deposited in the office of the
registrar of deeds, twenty centavos for each one hundred words or fractional part
thereof, but not less than two pesos in each case;
(f) For taking bonds or other instruments of indemnity or security for each, one
peso;
(g) For executing a writ of process to put a person in possession of real estate,
four pesos;
(h) For attending with prisoner on habeas corpus trial, one day, four pesos;
(i) For transporting each prisoner on habeas corpus or otherwise, when required,
for every kilometer going and returning, twenty centavos;
(j) For furnishing food for prisoner, for each day, one peso;
(k) For advertising sale, besides printer's charge, two pesos;
(l) For taking inventory of goods levied upon, to be charged only when the
inventory is necessary, a sum fixed by the court not exceeding the actual
reasonable cost of same to be shown by vouchers;
(m) For levying an execution on property, four pesos;
(n) For money actually collected by him by order, execution, attachment, or any
other process, the following sums, to wit: On the first two hundred pesos or
less, two per centum; on the second two hundred pesos, one and one-half per
centum; on all sums between four hundred pesos and two thousand pesos,
one per centum; on all sums in excess of two thousand pesos one-half per
centum.
SECTION 8. Stenographers. Stenographers shall give certified transcript of
notes taken by them to every person requesting same upon payment of (a) sixty
centavos for each page of not less than two hundred and fifty words before the
appeal is taken and (b) thirty centavos for the same page, after the filing of the
appeal.
SECTION 9. Notaries. No notary public shall charge or receive for any service
rendered by him any fee, remuneration or compensation except as expressly
prescribed in the following schedule:
 (a) For protests of drafts, bills of exchange, or promissory notes for
non-acceptance or non-payment, and for notice thereof, six
pesos;
(b) For the registration of such protest and filing or safekeeping of
same, three pesos;
(c) For authenticating powers of attorney, three pesos;
(d) For sworn statement concerning correctness of any account or
other document, two pesos;
(e) For each oath or affirmation, one peso and sixty centavos;
(f) For receiving evidence of indebtedness to be sent outside, three
pesos;
(g) For issuing a certified copy from his register and attesting its
correctness, four pesos;
(h) For issuing a certified copy of all or part of his notarial records
or receiving depositions, for each one hundred words, sixty
centavos;
(i) For acknowledging other documents not enumerated in this
section, three pesos. However, the total amount which a
notary may charge for the acknowledgment of a document
shall in no case exceed ten pesos.
SECTION 10. Other Officers Taking Depositions. Other officers taking
depositions shall receive the same compensation as above provided for notaries
public for taking and certifying depositions.
SECTION 11. Witness Fees. (a) Witnesses in the Supreme Court, in the Court
of Appeals and in Courts of First Instance, either in actions or special
proceedings, shall be entitled to two pesos per day and ten centavos for each
kilometer of travel in going to the place of trial and coming from their homes
within the Philippines by the nearest route of usual travel, or in lieu of said
mileage actual traveling expenses by the cheapest means of transportation;
(b) Witnesses before justices of the peace courts, municipal courts, and other
inferior tribunals shall be allowed one peso per day and the travel fees above
provided;
(c) Fees to which witnesses may be entitled in a civil action shall be allowed, on
the certification of the clerk of court or judge of his appearance in the case. A
witness shall not be allowed compensation for his attendance in more than one
case or more than one side of the same case at the same time, but may elect in
which of several cases or on which side of a case, when he is summoned by
both sides, to claim his attendance. A person who is compelled to attend court on
other business shall not be paid as witness.
SECTION 12. Fees of Appraisers. Appraisers appointed to appraise the estate
of a ward or of a deceased person shall each receive a compensation of five
pesos per day for the time actually and necessarily employed in the performance
of their duties and in making their reports, which fees, in each instance, shall be
paid out of the estate of the ward or deceased person, as the case may be. Any
actual and necessary traveling expenses incurred in the performance of the
duties of such appraisers may likewise be allowed and paid out of the estate.
SECTION 13. Fees of Commissioners in Eminent Domain Proceedings. The
commissioners appointed to appraise land sought to be condemned for public
uses in accordance with these rules shall each receive a compensation of five
pesos per day for the time actually and necessarily employed in the performance
of their duties and in making their report to the court, which fees shall be taxed as
a part of the costs of the proceedings.
SECTION 14. Fees of Commissioners in Proceedings for Partition of Real
Estate. The commissioners appointed to make partition of real estate shall
each receive a compensation of five pesos per day, for the time actually and
necessarily employed in the performance of their duties and in making their
report to the court, which fees shall be taxed as a part of the costs of the
proceedings.
SECTION 15. Fees, and the Account Thereof . The clerk, under the direction
of the judge, shall keep a book in which shall be entered the items of fees which
have accrued for the transaction of business covered by the provisions of this
rule, for which fees are payable, specifying for what business each item of fees
has accrued. Receipts shall be given for all fees so received and they shall be
accounted for in the manner provided in relation to the fees of clerks of court in
actions. The book of fees kept by the clerk shall be subject to the inspection of
auditing officers and others interested therein.
SECTION 16. Government Exempt. The Republic of the Philippines is exempt
from paying the legal fees provided in this rule.
RULE 142
Costs
SECTION 1. Costs Ordinarily Follow Results of Suit. Unless otherwise
provided in these rules, costs shall be allowed to the prevailing party as a matter
of course, but the court shall have power, for special reasons, to adjudge that
either party shall pay the costs of an action, or that the same be divided, as may
be equitable. No costs shall be allowed against the Republic of the Philippines
unless otherwise provided by law.
SECTION 2. When Action or Appeal Dismissed. If an action or appeal is
dismissed for want of jurisdiction or otherwise, the court nevertheless shall have
the power to render judgment for costs, as justice may require.
SECTION 3. Costs When Appeal Frivolous. Where an action or an appeal is
found to be frivolous, double, or treble costs may be imposed on the plaintiff or
appellant, which shall be paid by his attorney, if so ordered by the court.
SECTION 4. False Allegations. An averment in a pleading made without
reasonable cause and found untrue shall subject the offending party to the
payment of such reasonable expenses as may have been necessarily incurred
by the other party by reason of such untrue pleading. The amount of expenses
so payable shall be fixed by the judge in the trial, and taxed as costs.
SECTION 5. No Costs for Irrelevant Matters. When the record contains any
unnecessary, irrelevant, or immaterial matter, the party at whose instance the
same was inserted or at whose instance the same was printed, shall not be
allowed as costs any disbursement for preparing, certifying, or printing such
matter.
SECTION 6. Attorney's Fees as Costs. No attorney's fees shall be taxed as
costs against the adverse party, except as provided by the rules of civil law. But
this section shall have no relation to the fees to be charged by an attorney as
against his client.
SECTION 7. Restriction of Costs. If the plaintiff in any action shall recover a
sum not exceeding ten pesos as debt or damages, he shall recover no more
costs than debt or damages, unless the court shall certify that the action involved
a substantial and important right to the plaintiff in which case full costs may be
allowed.
SECTION 8. Costs, How Taxed. In inferior courts, the costs shall be taxed by
the justice of the peace or municipal judge and included in the judgment. In
superior courts, costs shall be taxed by the clerk of the corresponding court on
five days' written notice given by the prevailing party to the adverse party. With
this notice shall be served a statement of the items of costs claimed by the
prevailing party, verified by his oath or that of his attorney. Objections to the
taxation shall be made in writing, specifying the items objected to. Either party
may appeal to the court from the clerk's taxation. The costs shall be inserted in
the judgment if taxed before its entry, and payment thereof shall be enforced by
execution.
SECTION 9. Costs in Justice of the Peace or Municipal Courts. In an action or
proceeding pending before a justice of the peace or municipal judge, the
prevailing party may recover the following costs, and no other:
(a) For the complaint or answer, two pesos;
 (b) For the attendance of himself, or his counsel, or both, on the
day of trial, five pesos;
(c) For each additional day's attendance required in the actual trial
of the case, one peso;
(d) For each witness produced by him, for each day's necessary
attendance at the trial, one peso, and his lawful traveling
fees;
(e) For each deposition lawfully taken by him and produced in
evidence, five pesos;
(f) For original documents, deeds, or papers of any kind produced
by him, nothing;
(g) For official copies of such documents, deeds or papers, the
lawful fees necessarily paid for obtaining such copies;
(h) The lawful fees paid by him for service of the summons and
other process in the action;
(i) The lawful fees charged against him by the judge of the court in
entering and docketing and trying the action or proceeding.
SECTION 10. Costs in Courts of First Instances. In an action or proceeding
pending in a Court of First Instance, the prevailing party may recover the
following costs, and no other:
(a) For the complaint or answer, fifteen pesos;
(b) For his own attendance, and that of his attorney, down to and
including final judgment, twenty pesos;
(c) For each witness necessarily produced by him, for each day's
necessary attendance of such witness at the trial, two pesos,
and his lawful traveling fees;
(d) For each deposition lawfully taken by him, and produced in
evidence, five pesos;
(e) For original documents, deeds, or papers of any kind produced
by him, nothing;
(f) For official copies of such documents, deeds, or papers, the
lawful fees necessarily paid for obtaining such copies;
(g) The lawful fees paid by him in entering and docketing the action
or recording the proceedings, for the service of any process
in action, and all lawful clerk's fees paid by him.
SECTION 11. Costs in Court of Appeals and in Supreme Court. In an action or
proceeding pending in the Court of Appeals or in the Supreme Court, the
prevailing party may recover the following costs, and no other:
(a) For his own attendance, and that of his attorney, down to and
including final judgment, thirty pesos in the Court of Appeals
and fifty pesos in the Supreme Court;
(b) For official copies of record on appeal and the printing thereof,
and all other copies required by the rules of court, the sum
actually paid for the same;
(c) All lawful fees charged against him by the clerk of the Court of
Appeals or of the Supreme Court, in entering and docketing
the action and recording the proceedings and judgment
therein and for the issuing of all process;
(d) No allowance shall be made to the prevailing party in the
Supreme Court or Court of Appeals for the brief or written or
printed arguments of his attorney, or copies thereof, aside
from the thirty or fifty pesos above stated;
(e) If testimony is received in the Supreme Court or Court of
Appeals not taken in another court and transmitted thereto,
the prevailing party shall be allowed the same costs for
witness fees, depositions, and process and service thereof
as he would have been allowed for such items had the
testimony been introduced in a Court of First Instance;
(f) The lawful fees of a commissioner in an action may also be
taxed against the defeated party, or apportioned as justice
requires.
SECTION 12. Costs When Witness Fails to Appear. If a witness fails to
appear at the time and place specified in the subpoena issued by any inferior
court, the costs of the warrant of arrest and of the arrest of the witness shall be
paid by the witness if the court shall determine that his failure to answer the
subpoena was willful or without just excuse.
SECTION 13. Costs When Person cited for Examination in Probate Proceedings.
When a person is cited, on motion of another, to appear before the court to be
examined in probate proceedings, the court may, in its discretion, tax costs for
the person so cited and issue execution therefor, allowing the same fees as for
witnesses in Courts of First Instance.
RULE 143
Applicability of the Rules
These rules shall not apply to land registration, cadastral and election cases,
naturalization and insolvency proceedings, and other cases not herein provided
for, except by analogy or in a suppletory character and whenever practicable and
convenient.
RULE 144
Effectiveness
These rules shall take effect on January 1, 1964. They shall govern all cases
brought after they take effect, and also all further proceedings in cases then
pending, except to the extent that in the opinion of the court their application
would not be feasible or would work injustice, in which event the former
procedure shall apply.
Appendix
APPENDIX OF FORMS
1. The following forms, which serve as mere illustrations, may be used. Substantial
compliance therewith shall be sufficient. IaHDcT

2. Unless otherwise indicated, each pleading, motion or other paper should have the
following caption and title:
REPUBLIC OF THE PHILIPPINES
IN THE COURT OF FIRST INSTANCE OF ______________________
(Name of province)
or
IN THE JUSTICE OF THE PEACE COURT OF ______________________
(Name of municipality)
A. B., plaintiff
VERSUS Case Number _______________
C. D., defendant
or
In the Matter of ______________________
(when the case is a special proceeding) Case Number _______________
3. Each pleading, motion or other paper is to be signed by at least one attorney of
record in his individual name, followed by his address. If a party is not represented by
an attorney, the signature and address of the party are required in place of those of the
attorney.
Form 1. COMPLAINT FOR EJECTMENT.
Plaintiff alleges that defendant has unlawfully turned him out of possession (or
unlawfully withholds from him the possession, as the case may be) of certain lands and
building (here describe the premises), situated in the municipality of
_________________.
Wherefore, he prays that he be restored to the possession of said premises, with
damages and costs.
Form 2. SUMMONS.
To __________________________________________________, defendant.
You are hereby summoned and required to file and serve your answer to the complaint
copy of which is herewith served upon you, within fifteen (15) days after service hereof
exclusive of the day of service. If you fail to do so, judgment by default will be taken
against you for the relief demanded in the complaint. CTIEac

______________________________, Clerk, Court of

First Instance of ____________________________
Form 3. ANSWER WITH DEFENSES.
FIRST DEFENSE
The complaint fails to state a claim against defendant upon which relief can be granted.
SECOND DEFENSE
If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is
indebted to them jointly with G. H. G. H. is alive; is a resident of the City of Manila, is
subject to the jurisdiction of this court, as to both service of process and venue.
THIRD DEFENSE
Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint;
alleges that he is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 2 of the complaint; and denies the
allegation contained in paragraph 3, the true facts being the following (here set out the
facts in support of denial).
Form 4. ANSWER WITH COUNTERCLAIM AND CROSS-CLAIM
Defendant admits the allegations contained in paragraphs 1 and 2 of the complaint,
and, as
COUNTERCLAIM
(Here set forth any claim as counterclaim in the same manner in which a claim is
pleaded in a complaint), and, as
CROSS-CLAIM
(Here set forth any claim constituting the cross-claim against the defendant M. N. in the
same manner in which a claim is pleaded in a complaint.)
Form 5. ANSWER WITH COUNTERCLAIM FOR INTERPLEADER.
 DEFENSES
Defendant admits the allegations stated in paragraph 1 of the complaint; and denies the
allegations stated in paragraph 2 to the extent set forth in the counterclaim herein. HCITDc

COUNTERCLAIM FOR INTERPLEADER

1. Defendant received the sum of ten thousand pesos as a deposit from E. F.
2. Plaintiff has demanded the payment of such deposit to him by virtue of an
assignment of it which he claims to have received from E. F.
3. E. F. has notified the defendant that he claims such deposit, that the purported
assignment is not valid, and that he holds the defendant responsible for the deposit.
Wherefore, defendant demands:
(a) That the court order E. F. to be made a party defendant to respond to the complaint
and to this counterclaim;
(b) That the court order the plaintiff and E. F. to interplead their respective claims;
(c) That the court adjudge whether the plaintiff or E. F. is entitled to the sum of money;
(d) That the court discharge defendant from all liability in the premises except to the
person it shall adjudge entitled to the sum of money;
(e) That the court award to the defendant its costs and attorney's fees. iatdc2005

Form 6. MOTION TO BRING IN THIRD-PARTY DEFENDANT.

Defendant moves for leave to make E. F. a party to this action and that there be served
upon him summons and third-party complaint as set forth in Exhibit A hereto attached.
Form 7. THIRD-PARTY COMPLAINT.
1. Plaintiff A. B. has filed against defendant C. D. a complaint, copy of which is hereto
attached as Exhibit C.
2. (Here state the grounds upon which C. D. is entitled to recover from E. F., all or part
of what A. B. may recover from C. D., or upon which A. B. is entitled to recover from E.
F. and not from C. D. The statement should be framed as in an original complaint.)
Wherefore, C. D. demands judgment against third-party defendant, E. F. for all sums
that may be adjudged against defendant C. D. in favor of plaintiff A. B. ACETID

Form 8. MOTION TO DISMISS.

Defendant moves:
(1) To dismiss the action because the complaint fails to state a claim against defendant
upon which relief can be granted;
(2) To dismiss the action on the ground that it is barred by a former judgment, copy of
which is hereto attached;
(3) To dismiss the action, on the ground of improper venue because the property in
litigation is situated in the City of Iloilo.
Form 9. MOTION TO INTERVENE AS DEFENDANT.
E. F. moves for leave to intervene as a defendant in this action, in order to assert the
defenses set forth in his proposed answer, of which a copy is hereto attached, on the
ground that he is the manufacturer and vendor to the defendant, as well as to others, of
the articles alleged in the complaint to be an infringement of plaintiff's patent, and as
such has a defense to plaintiff's claim presenting both questions of law and of fact which
are common to the main action. cdlet

Form 10. INTERVENOR'S ANSWER.

Intervenor admits the allegations in paragraphs 1 and 4 of the complaint; denies the
allegations in paragraph 3, and denies the allegations in paragraph 2 in so far as they
assert the legality of the issuance of the Letters Patent to plaintiff, the true facts being
as follows (here set out the facts in support of denial).
Form 11. MOTION FOR PRODUCTION OF DOCUMENTS.
Plaintiff A. B. moves for an order requiring defendant C. D.:
(1) To produce and permit plaintiff to inspect and to copy each of the following
documents:
(Here list the documents and describe each of them.)
(2) To produce and permit plaintiff to inspect and to photograph each of the following
objects: SHaIDE

(Here list the objects and describe each of them.)

(3) To permit plaintiff to enter (here describe property to be entered) and to inspect and
photograph (here describe the portion of the real property and the objects to be
inspected and photographed).
Defendant C. D. has the possession, custody, or control of each of the foregoing
documents and objects and of the abovementioned real estate. Each of them
constitutes or contains evidence relevant and material to the matter involved in this
action.
Form 12. REQUEST FOR ADMISSION.
Plaintiff A. B. requests defendant C. D. to make the following admissions for the
purpose of this action only and subject to all pertinent objections to admissibility which
may be interposed at the trial:
1. That each of the following documents, exhibited with this request, is genuine.
(Here list the documents and describe each of them.)
2. That each of the following statements is true. (Here list the statements.)
Form 13. OFFER OF COMPROMISE.
_________________________, the above-named defendant, hereby offers to allow
judgment to be taken against him and in favor of _____________________, the above-
named plaintiff, in the above-entitled action which is now pending, in this court, for the
sum of ______________ pesos, with interest from _______________, 19____, together
with costs.
Form 14. SUBPOENA.
To ___________________________________________________, (address)
You are hereby commanded to appear before the Court of First Instance of
_________________, on the _____ day of __________, 19____, at _____ o'clock, then
and there to testify in the action of _______________________ against
______________ (here set out the number of the case).
Witness the Honorable ___________________, judge of said court, this ____ day of
_________, 19____. prcd

____________________________, Clerk.
Form 15. SUBPOENA DUCES TECUM.
You are hereby required to appear before the Court of First Instance of
__________________, on the ______ day of _________, 19____, at ______ o'clock,
and to bring with you into court the following described (book, deed, writing, or other
documents), it being necessary to use the same as testimony in a cause there pending,
wherein _____________________ is plaintiff and __________________ is defendant.
Witness the Honorable ________________________________, judge of said court,
this ____ day of __________, 19____.
____________________________, Clerk.
Form 16. ORDER OF ATTACHMENT.
To the Sheriff (or his deputy).
Province of __________________________.
Whereas _______________________, of ______________________ (or
_______________ as agent or attorney, of ______________________ for the plaintiff)
has complained on oath to _____________________, Judge of the Court of First
Instance of ____________________ that _____________________, of
______________, is justly indebted to the said ___________________ (plaintiff), in the
amount of _______________ pesos, and that said _____________________
(defendant) as a non-resident (or is about to abscond from the Philippines, etc. reciting
the affidavit), and
Whereas, security has been given by the plaintiff according to these rules;
We, therefore, command you that you attach the estate, real and personal, of the said
_____________________ (defendant) in your province, to the value of the said
demands and costs of suit, and that you safely keep the same according to these rules,
unless the defendant gives security to pay such judgment as may be recovered in the
said action, in the manner provided by the Rules of Court, and that you summon the
said _____________________ (defendant), if to be found in your province, to appear
before the Court of First Instance of _____________________ on the ______ day of
___________, 19____ to answer the complaint, copy of which is hereto annexed, and
return this writ with your proceedings endorsed thereon. ETISAc

Witness my hand this ______ day of ___________, 19____

____________________________, Judge
Form 17. ORDER OF EXECUTION.
To the Sheriff (or his deputy).
Province of ________________________________.
You are hereby commanded that, of the goods and chattels of _____________
(defendant), you cause to be made the sum of _______________ pesos damages,
together with interest thereon from the date of this execution until the date of payment,
at the rate of six per centum per annum; and the further sum of ________ pesos for
costs of suit, together with your lawful fees for the service of this execution, all in the
Philippine currency, which _____________ (plaintiff) recovered in our Court of First
Instance of ____________ on the _______ day of __________, 19 ___, against
__________________________ (defendant) for damages, interest, and costs, and that
you render the same to the said _____________________ (plaintiff) aside from your
own fees on this execution, and do you likewise return this writ into court within ____
days from date, with your proceedings endorsed hereon. But, if sufficient personal
property cannot be found whereof to satisfy this execution and lawful fees thereon, then
you are commanded that of the lands and buildings of the said defendant you make the
said sums of money in the manner required by the Rules of Courts, and make return of
your proceedings with this writ within ____ days from date.
Witness the Honorable ________________________________, Judge of said court,
this ____ day of ___________, 19____.
____________________________, Clerk.
Form 18. OFFICER'S RETURN OF SERVICE. SETAcC

I have this day served a copy of the within complaint and process upon
__________________________ personally (or, state the other manner of service
employed).
Dated this ____ day of ___________, 19____.
_______________________________ (Sheriff or his Deputy).
Form 19. OFFICER'S DEED.
KNOW ALL MEN BY THESE PRESENTS:
That, whereas, an execution against _____________________________, of
___________________, in the province (or city) of ________________, in the action of
__________________, of __________________, in the province (or city) of
__________________, was by me, Sheriff (or Deputy) for the province (or city) of
________________, on the _____ day of ___________, 19____, levied on (here
describe the premises), and
Whereas, on the _____ day of __________, 19____, all the estate, right, title, interest,
and property of the said __________________ (defendant) in the premises aforesaid
were by me, the said (herein insert the name of the officer), sold at public auction, for
the satisfaction of said execution to __________________________, of ___________,
of the province (or city) of _______________, who was the highest bidder, for the sum
of ______________ pesos which the said ______________ has since fully paid to me.
Now, by force and virtue of the Rules of Court in such cases made and provided, I, the
said ___________________ (the officer), in consideration of the sum of money paid
unto me as aforesaid, do, by these presents, sell and assign and set over unto the said
(purchaser), his heirs and assigns, forever, all the estate, right, title, interest, property
and inheritance of the said ________________________ (defendant) in and to the said
premises and appurtenances, at the time of the levy thereon (or of the attachment, as
the case may be).
To have and to hold the said premises and appurtenances to the said
______________________ (purchaser), his heirs and assigns forever.
In witness whereof, I hereunto set my hand and seal, on this ______ day of
__________, 19____.
(Acknowledgment)
Form 20. TRANSMITTAL OF RECORD BY JUSTICE OF THE PEACE OR
MUNICIPAL JUDGE.
Copy of the record of the proceedings before ____________________, justice of the
peace of the municipality of _______________, province of _______________ (or
municipal judge as the case may be), in the case herein set forth, to wit: (here copy the
entries on the docket), and certify as follows, namely: cSEaDA

Philippines, Province of __________________, I, __________________, justice of the

peace of said municipality (or municipal judge), certify that the foregoing is a copy of the
record and proceedings before me in the case stated therein as appears on my docket.
Given under my hand this _______ day of _______________, 19____.
Form 21. PETITION FOR LETTERS ROGATORY.
Petitioner shows:
1. He is the plaintiff (or defendant) in the above-entitled action;
2. The above action is pending and undetermined in the Court of First Instance of
__________________;
3. A commission issued by this Court on the __________ day of ________________,
19____, to take the testimony of (here name the witness or witnesses) in (here name
the foreign country in which the testimony is to be taken), before
______________________ (name of officer), was returned unexecuted by
________________ on the ground that ___________________________, all of which
more fully appears from the certificate of said _____________________ to said
commission and made a part hereof by attaching it hereto (or state other facts to show
commission is inadequate or cannot be executed).
Wherefore, petitioner prays that this court order the issuance by the clerk of this court of
letters rogatory directed to __________________ and requesting the examination of
____________________ as a witness (or witnesses) on interrogatories filed herewith
and made a part hereof.
Form 22. LETTERS ROGATORY.
The Court of __________________ (naming the court) to Judge or Tribunal having
jurisdiction of Civil Causes at __________________ (name of foreign country):
Whereas a certain suit is pending in the Court of First Instance of
__________________, in which __________________ is plaintiff and
__________________ is defendant, and it has been suggested to us that there are
witnesses residing within your jurisdiction without whose testimony justice cannot
completely be done between said parties. DTaAHS

We, therefore, request you that in furtherance of justice you will by the proper and usual
process of your court cause such witness (or witnesses) as shall be named or pointed
out to you by the said parties or either of them (if witnesses are named, omit this last
clause), to appear before you or some competent person by you for that purpose to be
appointed and authorized at a precise time and place by you to be fixed and there to
answer on their oaths and affirmations to the several interrogatories hereunto annexed;
and that you will cause their depositions to be committed to writing and returned to us
under cover duly closed and sealed up together with these presents. And we shall be
ready and willing to do the same for you in a similar case when required.
___________________, Clerk of Court of
First Instance of ________________
Form 23. CRIMINAL COMPLAINT.
THE PEOPLE OF THE PHILIPPINES,
Plaintiff Criminal Case No. _________
VERSUS for
A. B., Accused SEDUCTION
The undersigned accuses A. B. of the crime of seduction committed as follows:
(Here set out the time and place when and where the crime is committed, and the facts
constituting the offense.)
Contrary to law.
________________________________
Complainant
(Verification)
A preliminary investigation has been conducted in this case under my direction, having
examined the witnesses under oath. IEaATD

________________________________
Justice of the Peace
(Verification)
Witnesses:
Form 24. INFORMATION.
THE PEOPLE OF THE PHILIPPINES,
Plaintiff Criminal Case No
VERSUS for
A. B., Accused ESTAFA
The undersigned accuses A. B. of the crime of estafa committed as follows:
(Here set out the time and place when and where the crime complained of has been
committed, and the facts constituting the offense.)
Contrary to law.
_________________________________
Fiscal
(Verification)
A preliminary investigation has been conducted in this case under my direction, having
examined the witnesses under oath.
________________________________, Fiscal.
(Verification)
Witnesses:
BAIL RECOMMENDED P ___________
Form 25. ORDER OF ARREST.
(Title)
TO ANY LAWFUL OFFICER:
You are hereby commanded to arrest A. B. who is said to be at (name of place where
accused resides) and who stands charged before me of the crime of estafa and to bring
him before me as soon as possible to be dealt with as the Rules of Court direct. IETCAS

__________________________
Judge, Court of First Instance
of _________________________
The bond for the release of the accused in this case is fixed at P ____________ which
may be furnished by the said accused either by depositing the amount in the office of
the local municipal treasurer who should transmit the same to this Court or by furnishing
a personal bond subscribed by two solvent sureties whose solvency may be shown by
their land tax receipts. The Constabulary officers making his arrest are hereby
authorized to accept either of said bond.
__________________________
Judge, Court of First Instance
of _________________________
Form 26. ATTORNEY'S OATH.
I, _____________________________ do solemnly swear that I will maintain allegiance
to the Republic of the Philippines; I will support its Constitution and obey the laws as
well as the legal orders of the duly constituted authorities therein; I will do no falsehood,
nor consent to the doing of any in court; I will not wittingly or willingly promote or sue
any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay
no man for money or malice, and will conduct myself as a lawyer according to the best
of my knowledge and discretion, with all good fidelity as well to the courts as to my
clients; and I impose upon myself this voluntary obligation without any mental
reservation or purpose of evasion. So help me God. cEaCTS