Date: Thursday, September 13, 2012

s of Court

[ 1964-01-01]

RULES OF COURT IN THE PHILIPPINES PROMULGATED BY THE SUPREME COURT OF

ant to the provisions of section 13 of Article VIII of the Constitution, the Supreme Court hereby adopts and promulgates the following rules gov
herein:

Rule 1

TITLE AND CONSTRUCTION

on 1. Title of the Rules. These rules shall be known and cited as the Rules of Court.

2. Construction.These rules shall be liberally construed in order to promote their object and to assist the parties in obtaining just, speedy, and

Part I

CIVIL ACTIONS

Rule 2
 ACTIONS IN GENERAL

on 1. Action defined. Action means an ordinary suit in a court of justice, by which one party prosecutes another for the enforcement or protec

2. Special proceeding distinguished. Every other remedy, including one to establish the status or right of a party or a particular fact, shall be b

3. One suit for a single cause of action. A party may not institute more than one suit for a single cause of action.

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 t
judgment upon the merits in any one is available as a bar in the others.

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 a
s 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,

e 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 wit

e cases falling under clause (b) the jurisdiction shall be determined by the aggregate amount of the demands, if for money, or by their nature a

6. Commencement of action. A civil action is commenced by filing a complaint with the court.

Rule 3

PARTIES TO CIVIL ACTIONS

on 1. Who may be parties. Only natural or juridical persons or entities authorized by law may be parties in a civil action.

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
an interest in the controversy or the subject thereof adverse to the plaintiff, or who are necessary to a complete determination or settlement o

3. Representative parties. A trustee of an express trust, a guardian, executor or administrator, or a party authorized by statute, may sue or b
y 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 pr
principal.

4. Married woman. A married woman may not sue or be sued alone without joining her husband, except in the following instances:

hen they are judicially separated;

they have in fact been separated for at least one year;

hen there is a separation of property agreed upon in the marriage settlements;

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;

hen the litigation is between the husband and the wife;

the suit concerns her paraphernal property;

hen the action is upon the civil liability arising from a criminal offense;

the litigation is incidental to the profession, occupation or business in which she is engaged;

any civil action referred to in articles 25 to 35 of the Civil Code; and

an action upon a quasi delict.

e 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 Co
5. Infants, or incompetent persons. A minor not emancipated, or an insane person, or one declared judicially to be incompetent, may sue or b
ian ad litem appointed by the court.

or emancipated by marriage or voluntary concession can sue and be sued in court only with the assistance of his father, mother, guardian, or g

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
wise 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
st to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no

7. Compulsory joinder of indispensable parties. Parties in interest without whom no final determination can be had of an action shall be joined

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 betw
h 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 t
dice to the rights of such persons.

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
re not joined, and shall state why they are omitted.

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

11. Misjoinder and non-joinder of parties. Mis-joinder of parties is not ground for dismissal of an action. Parties may be dropped or added by o
as are just. Any claim against a party may be severed and proceeded with separately.

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 num
it 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 int
dividual interest.

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 th
ef against the other.

14. Unknown identity or name of defendant. Whenever the identity or name of a defendant is unknown, he may be sued as the unknown own
vered, the pleading must be amended accordingly.

15. Associations as defendants. When two or more sons, associated in any business, transact such busies under a common name, whether it

ns 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 wit

16. Duty of attorney upon death, incapacity, or incompetency of party. Whenever a party to a pending case dies, becomes incapacitated or in
petency, and to give the name and residence of his executor, administrator, guardian or other legal representative.

17. Death of party. After a party dies and the claim is not thereby extinguished, the court shall order, upon proper notice, the legal representa
hin 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
presentative shall immediately appear for and on behalf of the interest of the deceased. The court charges involved in procuring such appointm
ed to be substituted for the deceased, without requiring the appointment of an executor or administrator and the court may appoint guardian ad

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 penden
st 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 f
emental pleading that the successor of an officer adopts or continues or threatens to adopt or continue the action of his predecessor in enforcin
or officer to be affected, unless expressly assenting thereto, shall be given reasonable notice of the application therefor and accorded an oppor

19. Incompetency or incapacity.If a party becomes incompetent or incapacitated, the court, upon motion with notice, may allow the action to

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
iginal party.

21. Where claim does not survive. When the action is for recovery of money, debt or interest thereon, and the defendant dies before final jud
ded in these rules.
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 m
wise. Such authority once given shall include an exemption from payment of legal fees and from filing appeal bond, printed record and printed b
ourt otherwise provides.

23. Notice to Solicitor General. In any action involving the validity of any treaty, law, ordinance or executive order, rules or regulations, a sup
n or through a representative duly designated by him.

Rule 4

VENUE OF ACTIONS

on 1. Venue in inferior courts. (a) Real actions. Forcible entry and detainer actions regarding real property shall be brought in the municipal
cipalities or cities, actions may be brought in any of them, at the option of the plaintiff.

ersonal actions. All other civil actions in inferior courts shall be brought:

. 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

. If there is no such agreement, in the place of the execution of the contract sued upon as appears therefrom;

. 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

2. Venue in Courts of First Instance. (a) Real actions.Actions affecting title to, or for recovery of possession, or for partition or condemnation
rty or any part thereof lies.

ersonal actions. All other actions may be commenced and tried where the defendant or any of the defendants resides or may be found, or whe

tions against nonresidents.If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal sta
menced and tried in the province where the plaintiff resides or the property, or any portion thereof, is situated or found.

3. Venue by agreement. By written agreement of the parties the venue of an action may be changed or transferred from one province to anot

4. Waiver of objection. When improper venue is not objected to in a motion to dismiss it is deemed waived.

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

on 1. Meaning of words. The words "inferior courts" include both "justice of the peace courts" and "municipal courts."

2. The complaint. The complaint shall state the name and residence of the plaintiff and those of the defendant, the substance of the claim ma

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

4. Summons. The provisions of Rule 14 hereof shall, so far as applicable, regulate summons issued by inferior courts; but the direction contai
d 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 it be served in th
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

5. Answer. Except in summary procedure under section 17 of this rule, the defendant shall answer the complaint in writing, by either denying
 ses 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 Instanc

endant may also interpose a counterclaim in writing for an amount within the court's jurisdiction. A counterclaim beyond the court's jurisdiction

efendant may also file a cross-claim or a third-party complaint in accordance with sections 7 and 12 of Rule 6.

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 imm
e filed on the grounds specified in Rule 19.

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 an
d, 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

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 po
n (15) days in all.

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 specifie
ccept 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 adjud
t affect the recovery otherwise than as to costs.

10. Judgment after trial, when and how rendered. At the conclusion of the trial, the justice of the peace or municipal judge shall render judgm
stice 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
e consideration of the judgment, if he requires time for consideration.

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 subseq
r 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 ca

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 designate
mony of the plaintiff and his witnesses, and shall render judgment for the plaintiff in accordance with the facts alleged and proved.

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
een 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

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 find

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 an
the giving of the notice must be noted down in the docket.

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 perf

17. Summary procedure for money claim, not exceeding two hundred pesos. Where a claim does not exceed two hundred pesos (P200), no w
best and convenient under the circumstances shall summon the parties and hear them as well as their witnesses. If the defendant fails to appe
d. If he fails to appear after formal summons, defendant shall be declared in default. After the hearing, both parties shall be informed of the jud
edings had thereon. No fee shall be charged or costs allowed in such proceedings, whether the parties be paupers or not.

al 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 c
notice specified in section 7 of Rule 40.

18. Execution. Execution shall issue upon a final judgment of an inferior court after the time for perfecting an appeal has expired and no appe

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 R
es falling within their respective jurisdictions in so far as they are not inconsistent with the provisions of this rule.

PROCEDURE IN COURTS OF FIRST INSTA

Rule 6

PLEADINGS IN GENERAL
on 1. Pleadings defined. Pleadings are the written allegations of the parties of their respective claims and defenses submitted to the court for

2. Pleadings allowed. The pleadings allowed by these rules are the complaint, the answer, the counterclaim, the cross-claim, the reply, the thi

3. Complaint. The complaint is a concise statement of the ultimate facts constituting the plaintiff's cause or causes of action. It shall specify th
able. The names and residences of the parties plaintiff and defendant must be stated in the complaint.

4. Answer. An answer is a pleading in which a defendant or other adverse party sets forth the negative and affirmative defenses upon which h

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

n affirmative defense is an allegation of new matter which, while admitting the material allegations of the complaint, expressly or impliedly, wou
tions, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and all other matter by way of confess

6. Counterclaim. A counterclaim is any claim for money or other relief which a defending party may have against an opposing party. A counte
ding in amount or different in kind from that sought by the opposing party's claim.

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 mat
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.

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 a
an, if the presence of third parties is essential for its adjudication, acquire jurisdiction of such parties.

9. Counter claim or cross-claim arising after answer. A counterclaim or a cross-claim which either matured or was acquired by a party after se
pplemental pleading before judgment.

10. Answer to counterclaim or cross-claim required. A counterclaim or cross-claim must be answered, and failure to do so will constitute a def

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
reply, all the new matters alleged in the answer are deemed controverted.

plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplementa

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
pect of his opponent's claim.

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 li
defendant.

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
dants, if jurisdiction over them can be obtained.

15. Liberal construction. All pleadings shall be liberally construed so as to do substantial justice.

Rule 7

FORMAL REQUIREMENTS OF PLEADING

on 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

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 nam

3. Paragraphs. Every pleading shall be divided into paragraphs so numbered as to be readily identified, each of which shall contain a statemen
ed to by a number in all succeeding pleadings.

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," o
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 "a
paragraphs of the answer are addressed to several causes of action they shall be prefaced by words to that effect.

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 individ
ng and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affi
est 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 signe
ction may proceed as though the pleading had not been served. For a willful violation of this rule an attorney may be subjected to appropriate d

6. Verification.A pleading is verified only by an affidavit stating that the person verifying has read the pleading and that the allegations thereo

cations based on "information and belief," or upon "knowledge, information and belief" shall be deemed insufficient.

Rule 8

ALLEGATIONS IN PLEADINGS

on 1. In general. Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on w
evidentiary facts.

2. Alternative causes of action or defenses. A party may set forth two or more statements of a claim or defense alternatively or hypothetically
ments are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient of the insuff

3. Conditions precedent. In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.

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
ng 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
edge.

5. Fraud, mistake, condition of the mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated
ally.

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

7. Action or defense based on document. Whenever an action or defense is based upon a written instrument or document, the substance of su
hed 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 pleadi

8. How to contest genuineness of such documents. When an action or defense is founded upon a written instrument, copied in or attached to
ment shall be deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth what he claims to be the facts; b
compliance with an order for an inspection of the original instrument is refused.

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

10. Specific denial. The defendant must specify each material allegation of fact the truth of which he does not admit and, whenever practicabl
er 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 re
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

on 1. Allegations not specifically denied deemed admitted. Material averment in the complaint, other than those as to the amount of damage,
d specifically and under oath.

2. Defenses and objections not pleaded deemed waived. Defenses and objections not pleaded either in a motion to dismiss or in the answer a
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 a
ars that the court has no jurisdiction over the subject-matter, it shall dismiss the action.

3. Omission of counterclaim or cross-claim. When pleader fails to set up a counterclaim or a cross-claim through oversight, inadvertence, or e
dment before judgment.

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 co
and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.

5. Striking out of pleading or matter contained therein. Upon motion made by a party before responding to a pleading or, if no responsive plea
eading 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,

Rule 10

AMENDED AND SUPPLEMENTAL PLEADIN

on 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
at the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensiv

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 responsiv
ot been placed upon the trial calendar, he may so amend it at any time within ten (10) days after it is served.

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
he cause of action or defense is substantially altered. Orders of the court upon the matters provided in this section shall be made upon motion

4. Formal amendments.A defect in the designation of the parties may be summarily corrected at any stage of the action provided no prejudice

5. Amendment to conform to or authorize presentation of evidence. When issues not raised by the pleadings are tried by express or implied co
dment 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
se 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 pl
rved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action
evidence.

6. Matters subject of supplemental pleadings. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just
ened since the date of the pleading sought ,to be supplemented. If the court deems it advisable that the adverse party should plead thereto, it s

7. Filing of amended pleadings. When any pleading is amended, a new copy of the pleading, incorporating the amendments, which shall be in

Rule 11

PERIODS FOR PLEADING

on 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

2. Time to answer when defendant is foreign corporation. Where the defendant is a foreign corporation and service of summons is made on th
receipt of summons.

3. Answer to amended complaint. If the complaint is amended, the time fixed for the filing and service of the answer shall, unless otherwise o
aint. An answer filed before the amendment shall stand as an answer to the amended complaint, unless a new answer is filed within ten (10) d

4. Answer to counterclaim or cross-claim.A counterclaim or cross-claim must be answered within ten (10) days from service.

5. Answer to third-party complaint. The third-party defendant shall file his answer as provided in this rule, alleging his defenses and his count
6, and he may assert such defenses as the third-party plaintiff may have against the plaintiff's claim.

6. Reply.A reply may be filed within ten (10) days from service of the pleading responded to.
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.

ourt 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; INTERVENTIO

on 1. Motion for bill of particulars. Before responding to a pleading or, if no responsive pleading is permitted by these rules, within ten (10) da
ulars of any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading o

ll 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 an

ay 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 mo
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.

efusal. 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
eading to h the motion was directed or make such other order as it deems just. It may, upon motion, set aside the order, or modify it in the int

2. Intervention.A person may, before or during a trial, be permitted by the court, in its discretion, to intervene an action, if he has legal intere
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.

otion for intervention. A person desiring to intervene shall file a motion for leave of court with notice upon all the parties to the action.

scretion of court.In allowing or disallowing a motion for intervention, the court, in the exercise of discretion, shall consider whether or not the
her or not the intervenor's rights may be fully protected in a separate proceeding.

omplaint or answer in intervention. The intervention shall be made by complaint filed and served in regular form, and may be answered as if i
iff, the intervention may be made in the form of an answer to the complaint.

me. 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 th

Rule 13

SERVICE AND FILING OF PLEADINGS AND OTHE

on 1. Filing with the court, defined. The filing of pleadings, appearances, motions, notices, orders and other papers with the court as required
ered 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 mo
ope or the registry receipt, shall foe considered as the date of their filing, payment, or deposit in court. The envelope shall be attached to the re

2. Papers to be filed and served. Every order required by its terms to be served, every pleading subsequent to the complaint, every written m
ment 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 atto
arty 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 u

3. Modes of service. Service of pleadings, motions, notices, orders, judgment and other papers shall be made either personally or by mail.

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 offic
nown, 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 know

5. Service by registered or ordinary mail. If service is not made personally, service by registered mail shall be required if registry service exist
ope, plainly addressed to the party or his attorney at his office, if known, otherwise at his residence, if known, with postage fully prepaid, and w

6. Substituted service. If service cannot be made under the two preceding sections, the office and place of residence of the party or his attorn
h personal service and service by mail. The service is complete at the time of such delivery.

7. Service of final orders or judgments. Final orders or judgments shall be served either personally or by registered mail. When a party summ
d upon him also by publication at the expense of the prevailing party.

8. Completeness of service. Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the expiration of five
l 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 postmaste

9. Service upon party in default. No service of papers other than substantially amended or supplemental pleadings and final orders or judgme
event he shall be entitled to notice of all further proceedings regardless of whether the order of default is set aside or not.

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, con
of 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
n card shall be filed immediately upon receipt thereof by the sender, or in lieu thereof the letter unclaimed together with the certified or sworn c

Rule 14

SUMMONS

ION 1. Clerk to issue, summons. Upon the filing of the complaint, the clerk of court shall forthwith issue the corresponding summons to the d

2. Defendants residing in different provinces. If the defendants reside in different provinces, one summons shall issue for all the defendants
ntil summons have been issued for all the defendants.

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 th
ixed by these rules; (c) a notice that unless the defendant so answers, plaintiff will take judgment by default and demand from the court the re

y 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.

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,
al.

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 servic
ummons.

6. Return. When the service has been completed, server shall give notice thereof, by registered mail, to the plaintiff or his counsel, and shall r

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 rece

8. Substituted service. If the defendant cannot be served within a reasonable time as provided in the preceding section, service may be effect
table age and discretion then residing therein, or (b) by leaving the copies at defendant's office or regular place of business with some compete

9. Service upon associations. When persons associated in business are sued under a common name service may be effected upon all the defe
ained in the common name. But such service shall not bind individually any person whose connection with the association has, upon due notice

10. Service upon minors. When the defendant is a minor, service shall be made on him personally and also on his guardian or person exercisi
years of age shall be sufficient.

11. Service upon insane or incompetent. When the defendant is insane or judicially declared incompetent, service shall be effected on him per

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 th

13. Service upon private domestic corporation or partnership. If the defendant is a corporation organized under the laws of the Philippines or
y of its directors.

14. Service upon private foreign corporations. If the defendant is a foreign corporation, or a nonresident joint stock company or association,
r 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 with

15. Service upon public corporation. When the defendant is the Republic of the Philippines service may be effected on the Solicitor General; in
tive head, or on such other officer or officers as the law or the court may direct.
16. Service upon an unknown defendant. Whenever the defendant is designated as an unknown owner, or the like, or whenever the address o
ed upon him by publication in a newspaper of general circulation and in such places and for such time as the court may order.

17. Extraterritorial service. When the defendant does not reside and is not found in the Philippines and the action affects the personal status o
dant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in excluding the defendan
e 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
rder 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 suffic
after notice, within which the defendant must answer.

18. Residents temporarily out of the Philippines. When an action is commenced against a defendant who ordinarily resides within the Philippin
the preceding 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 s
g forth the grounds for the application.

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
eceived the same; and shall be sworn to when made by a person other than a sheriff or his deputy.

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 forem
ation 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

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 th
to, inclosed in an envelope and addressed to the defendant, with postage prepaid, has been mailed, to which certificate or affidavit the registry

23. What is equivalent to service. The defendant's voluntary appearance in the action shall be equivalent to service.

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 compl
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
ption of the property in that province affected thereby. From the time only of filing such notice for record shall a purchaser, or incumbrancer of
of its pendency against parties designated by their real names.

otice of lis pendens hereinabove mentioned may be cancelled only upon order of the court, after proper showing that the notice is for the purpo
e recorded.

Rule 15

MOTIONS IN GENERAL

on 1. Motion defined. Every application for an order not included in a judgment, may be called a motion.

2. Motion must be in writing. All motions shall e made in writing except motions for continuance made in the presence of the adverse party, o

3. Contents. A motion shall state the order sough to be obtained and the grounds upon which it is based, and if necessary shall be accompani

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, toge
ver, for good cause may hear a motion on shorter notice, specially on matters which the court may dispose of on its own motion.

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.

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

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

8. Omnibus motion. A motion attacking a pleading or a proceeding shall include all objections then available, and all objections not so included
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

on 1. Grounds. Within the time for pleading a motion to dismiss the action may be made on any of the following grounds:

hat the court has no jurisdiction over the person of the defendant or over the subject of the action or suit;

hat the court has no jurisdiction over the nature of the action or suit;

hat venue is improperly laid;

hat the plaintiff has no legal capacity to sue;

hat there is another action pending between the same parties for the same cause;

at the cause of action is barred by a prior judgment or by statute of limitations;

hat the complaint states no cause of action;

hat the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise extinguished;

at the claim on which the action or suit is founded is unenforceable under the provisions of the statute of frauds;

at the suit is between members of the same family and no earnest efforts towards a compromise have been made.

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 o

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 de

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 p
provides a different period.

5. Pleading grounds as affirmative defenses. Any of the grounds for dismissal provided for in this rule, except improper venue, may be pleade
filed.

Rule 17

DISMISSAL OF ACTIONS

on 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 be
ssal 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
romised without the approval of the court.

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
een 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 defen
s otherwise specified in the order, a dismissal under this paragraph shall be without prejudice.

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 co
on the court's own motion. This dismissal shall have the effect of an adjudication upon the merits, unless otherwise provided by court.

4. Dismissal of counterclaim, cross-claim, or third-party claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-cla
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
 Rule 18

DEFAULTS

on 1. Judgment by default. If the defendant fails to answer within the time specified in these rules, the court shall, upon motion of the plaintif
aintiff's evidence and render judgment granting him such relief as the complaint and the facts proven may warrant. This provision applies wher
ule.

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 subsequen

3. Relief from order of defaults. A party declared in default may at any time after discovery thereof and before judgment file a motion under o
ent, 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

4. Judgment when some defendants answer, and others make default. When a complaint states a common cause of action against several def
ers thus filed and render Judgment upon the evidence presented. The same procedure applies when a common cause of action is pleaded in a c

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

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 leg
ion 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 fab

Rule 19

JUDGMENT ON THE PLEADINGS

on 1. Judgment on the pleadings. Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party
ment of marriage or for legal separation the material facts alleged in the complaint shall always be proved.

Rule 20

PRE-TRIAL

ION 1. Pre-trial mandatory. In any action, after the last pleading has been filed, the court shall direct the parties and their attorneys to appea

he possibility of an amicable settlement or of a submission to arbitration;

he simplification of the issues;

he necessity or desirability of amendments to the pleadings;

he possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof;

he limitation of the number of witnesses;

e advisability of a preliminary reference of issues to a commissioner;

uch other matters as may aid in the prompt disposition of the action.

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 defau

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
mary judgment as justice may require.

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 amendmen
order shall limit the issues for trial to those not disposed of by admissions or agreements of counsel and when entered controls the subsequent
5. Pre-trial calendar. The court shall cause to be prepared a pre-trial calendar of cases for consideration as above provided. Upon the submiss
re-trial calendar.

Rule 21

SUSPENSION OF ACTIONS

on 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 su
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, b
party had refused the offer.

2. When action shall not be suspended. No suspension shall be granted for the purpose of discussing compromise upon any of the following qu

he civil status of persons;

he validity of a marriage or a legal separation;

ny ground for legal separation;

uture support;

he jurisdiction of courts;

ure legitime;

abeas corpus and election cases.

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 t
ators 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 boa

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
no suspension of the proceedings had taken place.

Rule 22

CALENDAR AND ADJOURNMENTS

on 1. Trial calendar. The clerk of court shall have a trial calendar for the cases that have passed pre-trial stage. Preferential cases including ha

. 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.

. Adjournments and postponements. A court may adjourn a trial from day to day, and to any stated time, as the expeditious and convenient
h for each adjournment, nor more than three months in all, except when authorized in writing by the Chief Justice of the Supreme Court.

. 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 gra
nce 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 ob

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 couns
ensable and that the character of his illness is such as to render his non-attendance excusable.

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
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 recor
nted by the parties; any facts stipulated during the conference; the efforts exerted to settle the case and similar matters. Copy of the statemen
rence.
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
vance so that they may be present therein if they so desire.

Rule 23

SUBPOENA

on 1. Subpoena and subpoena duces tecum. Subpoena is a process directed to a person requiring him to attend and to testify at the hearing
g 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

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
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.
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 th

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 st
dance is required, and if a subpoena duces tecum, it shall also contain a reasonable description of the books, documents or things demanded w

. Quashing a subpoena duces tecum. The court upon motion made promptly and in any event at or before the time specified in the subpoena
levancy of the books, documents or things does not appear, or if the person in whose behalf the subpoena is issued fails to advance the reason

. 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 suffic
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, howeve

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 a
person named therein, tendering to him the fees for one day's attendance and the kilometrage allowed by these rules, except that, when a su
r need not be made. The service must e made so as to allow the witness a reasonable time for Reparation and travel to the place of attendance
nded shall be tendered.

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
ge issuing the subpoena may issue an order authorizing the sheriff or his deputy or the person specially authorized to serve it, to break into th

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 t

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 wh
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
s pending shall also be obtained.

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

11. Compelling attendance. In case of failure of a witness to attend, the court or judge issuing the subpoena, upon proof of the service thereo
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 witne
ena was willful and without just excuse.

12. Contempt. Failure by any person without adequate cause to obey a subpoena served upon him shall be deemed a contempt of the court fr

Rule 24

DEPOSITIONS AND DISCOVERY

on 1. Depositions pending action, when may be taken. By leave of court after jurisdiction has been obtained over any defendant or over prope
mony of any person, whether a party or not, may be taken, at the instance of any party, by deposition upon oral examination or written interrog
sitions 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

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 r
ng to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, docum
3. Examination and cross-examination. Examination and cross-examination of deponents may proceed as permitted at the trial under Rule 13

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 adm
g of the deposition who had due notice thereof, in accordance with any one of the following provisions:

ny deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness;

he 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

he 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
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
arty offering the deposition has been unable to procure the attendance of the witness by subpoena; or (5) upon application and notice, that suc
mportance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used;

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

5. Effect of substitution of parties. Substitution of parties does not affect the right to use depositions previously taken; and, when an action h
s 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

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
itness were then present and testifying.

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.

8. Effect of using depositions. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradictin
hall not apply to the use by an adverse party of a deposition as described in paragraph (b) of section 4 of this rule.

9. Rebutting deposition. At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him

10. Persons before whom depositions may be taken within the Philippines. Within the Philippines, depositions shall be taken before any judge,

11. Persons before whom depositions may be taken in foreign countries. In a foreign state or country, depositions shall be taken (a) on notice
blic of the Philippines, or (b) before such person or officer as may be appointed by commission or under letters rogatory.

12. Commission or letters rogatory.A commission or letters rogatory shall be issued only when necessary or convenient, on application and no
es or commissions either by name or descriptive title and letters rogatory may be addressed "To the Appropriate Judicial Authority in (here nam

13. Disqualification by interest. No deposition shall be taken before a person who is a relative within the sixth degree of consanguinity or affin
oyee of such attorney; or who is financially interested in the action.

14. Stipulations regarding taking of deposition. If the parties so stipulate in writing, depositions may be taken before any person authorized t
ike other depositions.

15. Deposition upon oral examinations; notice; time and place. A party desiring to take the deposition of any person upon oral examination sh
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 descript
whom the notice in served, the court may for cause shown enlarge or shorten the time.

16. Orders for the protection of parties and deponents. After notice is served for taking a deposition by oral examination, upon motion season
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
rs 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
ition shall be opened only by order of the court, or that secret processes, developments, or research need not be disclosed, or that the parties
ed by the court; or the court may make any other order which justice requires to protect the party or witness from annoyance, embarrassment

17. Record of examination; oath; objections. The officer before whom the deposition is to be taken shall put the witness on oath and shall pe
ss. The testimony shall be taken stenographically unless the parties agree otherwise. All objections made at the time of the examination to the
nted, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence ob
d with notice of taking a deposition may transmit written interrogatories to the officers, who shall propound them to the witness and record the
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
y, 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
eposition, 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
ng. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a notice f
quirement to pay such costs or expenses as the court may deem reasonable.

19. Submission to witness; changes; signing. When the testimony is fully transcribed the deposition shall be submitted to the witness for exa
y 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 st
ss, 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 b
ce 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
ns given for the refusal to sign require rejection of the deposition in whole or in part.

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 deposit
ope 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 wh

21. Notice of filing. The officer taking the deposition shall give prompt notice of its filing to all the parties.

22. Furnishing copies. Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the d

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 an
otice to pay such other party the amount of the reasonable expenses incurred by him and his attorney in so attending, including reasonable atto

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 sub
n 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
ing reasonable attorney's fees.

25. Deposition upon written interrogatories; service of notice and of interrogatories. A party desiring to take the deposition of any person upo
ss 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.
e the deposition. Within five (5) days thereafter the latter may serve re-direct interrogatories upon a party who has served cross-interrogatorie
ogatories upon the party proposing to take the deposition.

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
ded 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 fil

27. Notice of filing and furnishing copies. When a deposition upon interrogatories is filed, the officer taking it shall promptly give notice there
es therefor.

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
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 tha
t upon oral examination.

29. Effect of errors and irregularities in depositions.

s to notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the pa

s to disqualification of officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived
mes known or could be discovered with reasonable diligence.

to competency or relevancy of evidence. Objections to the competency of a witness or the competency, relevancy, or materiality of testimon
objection is one which might have been obviated or removed if presented at that time.

s to oral examination and other particulars. Errors and irregularities occurring at the oral examination in the manner of taking the deposition,
of any kind which might be obviated, removed, or cured if promptly prosecuted, are waived unless reasonable objection thereto is made at the

s to form of written interrogatories. Objections to the form of written interrogatories submitted under sections 25 and 26 of this rule are waive
or other interrogatories and within three (3) days after service of the last interrogatories authorized.

to manner of preparation. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed,
s rule are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or w

Rule 25

INTERROGATORIES TO PARTIES

on 1. Interrogatories to parties; service thereof. Under the same conditions specified in section 1 of Rule 24, any party may serve upon any a
vate corporation or a partnership or association, by any officer thereof competent to testify in its behalf.

2. Answer to interrogatories. The interrogatories shall be answered separately and fully in writing under oath. The answers shall be signed by
of the answers on the party submitting the interrogatories within fifteen (15) days after service of the interrogatories, unless the court, on moti

3. Objections to interrogatories. Objections to any interrogatories may be presented to the court within ten (10) days after service thereof, wi
be at as early a time as is practicable.

4. Number of interrogatories. No party may, without leave of court, serve more than one set of interrogatories to be answered by the same pa

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 an

Rule 26

ADMISSION BY ADVERSE PARTY

on 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 adm
st 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 cop

2. Implied admission. Each of the matters of which an admission is requested shall be deemed admitted unless, within a period designated in
ourt may allow on motion and notice, the party to whom the request is directed serves upon the party requesting the admission a sworn statem
ns why he cannot truthfully either admit or deny those matters.

tions on the ground of irrelevancy or impropriety of the matter requested shall be promptly submitted to the court for resolution.

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 co
eding,

4. Withdrawal. The court may allow the party making an admission under this rule, whether express or implied, to withdraw or amend it upon

RULE 27

PRODUCTION OR INSPECTION OF DOCUMENTS O

tion 1. Motion for production or inspection; order. Upon motion of any party showing good cause therefor and upon notice to a
mit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, book
tain evidence material to any matter involved in the action and which are in his possession, custody or control; or (b) order any p
pose of inspecting, measuring, surveying, or photographing the property or any designated relevant object or operation thereon
and photographs, and may prescribe such terms and con

Rule 28

PHYSICAL AND MENTAL EXAMINATIONS OF P

ction 1. When examination may be ordered. In an action in which the mental or physical condition of a party is in controversy, t
mental examination by a physician.
Sec. 2. Order for examination. The order for examination may be made only on motion for good cause shown and upon notice to
conditions and scope of the examination and the person or person

ec. 3. Report of findings. If requested by the person examined, the party causing the examination to be made shall deliver to h
clusions. After such request and delivery the party causing the examination to be made shall be entitled upon request to receive
me mental or physical condition. If the party examined refuses to deliver such report the court on motion and notice may make a
such a report the court may exclude his testimony if of

ec. 4. Waiver of privilege. By requesting and obtaining a report of the examination so ordered or by taking the deposition of th
involving the same controversy, regarding the testimony of every other person who has examined or may there

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,
estion may prefer. Thereafter, on reasonable notice to all persons affected thereby, he may apply to the court of the province wh
wer any interrogatory submitted under sections 25 and 26 of Rule 24 or upon the refusal of a party to answer any interrogatory s
r such an order. If the motion is granted, the court shall require the refusing party or deponent to answer the question or interro
uire the refusing party or deponent or the attorney advising the refusal, or both of them, to pay to the examining party the amou
. If the motion is denied and if the court finds that the motion was made without substantial justification, it shall require the exa
deponent the amount of the reasonable expenses incurred in opposing the mot

c. 2. Contempt of court. If a party or other witness refuses to be sworn or refuses to answer any question after being directed t
considered a contempt of that court.

3. Other consequences. If any party or an officer or managing agent of a party refuses to obey an order made under section 1
y document or other thing for inspection, copying, or photographing or to permit it to be done, or to permit entry upon land or o
examination, the court may make such orders in regard to the refusal as are

An order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the
facts shall be taken to be established for the purposes of the action in accordance w

An order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibiting him from intr
evidence of physical or mental conditio

An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action
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 d

ec. 4. Expenses on refusal to admit. If a party after being served with a request under Rule 26 to admit the genuineness of any
esting the admissions thereafter proves the genuineness of such document or the truth of any such matter of fact, he may apply
in making such proof, including reasonable attorney's fees. Unless the court finds that there were good reasons for the denia

c. 5. Failure of party to attend or serve answers. If a party or an officer or managing agent of a party wilfully fails to appear bef
serve answers to interrogatories submitted under Rule 25, after proper service of such interrogatories, the court on motion and
proceeding or any part thereof, or enter a judgment by default against that party, and in its discretion, order him

Sec. 6. Expenses against the Republic of the Philippines. Expenses and attorney's fees are not to b

Rule 30

TRIAL

Section 1. Order of trial.Subject to the provisions of section 2 of Rule 31, and unless the judge, for spec
 (a) The plaintiff must produce the evidence on

(b) The defendant shall then offer evidence in support of his defense, counter

(c) The third-party defendant, if any, shall introduce evidence of his defense, cou

(d) The fourth, etc., party, if any, shall introduce evidence of the m

(e) The parties against whom any counterclaim or cross-claim has been pleaded, shall introduce evidence

(f) The parties may then respectively offer rebutting evidence only, unless the court, for good reasons, in the fur

When the evidence is concluded, unless the parties agree to submit the case without argument, the plaintiff or his counsel may m
their respective counsel, may follow successively, and the plaintiff or his counsel may conclude the argument Two cou

f several defendants or third-party defendants having separate defenses, appear by different counsel, the court must determine
opening and closing argument.

2. Agreed statement of facts. The parties to any action may agree, in writing, upon the facts involved in the litigation, and requ

If the parties can agree only on some of the facts in issue, the trial

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
notes.

Rule 31

CONSOILIDATION OR SEVERANCE

ction 1. Consolidation. When actions involving a common question of law or fact are pending before the court, it may order a jo
consolidated; and it may make such orders concerning proceedings therein as ma

. 2. Separate trials.The court, in furtherance of convenience or to avoid prejudice, may order a separate trial of any claim, cross
cross-claims, counterclaims, third-party claims

Rule 32

TRIAL WITH ASSESSORS

tion 1. Preparing list of assessors. The judge, with the assistance of the governor of the province or the mayor of the chartered
province best fitted by education, natural ability, and reputation for probity, to sit as assessors in the trial of actions. Such list sh
e 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
unfitness of the person named, and in case names are so stricken out, other names shall be add

. 2. Rights of parties to have assessors, and manner of selecting them. Either party to an action may, twenty (20) days or more
h application, the judge shall direct that assessors shall be provided, and that the parties forthwith appear before him for the sel
ovided for in the preceding section, the assessors shall be selected from the aforesaid list in the following manner, in the presenc
strike out another, and so on, alternately, the parties shall strike out names, until but two remain on the list. The remaining two
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 per
vacancy shall be filled by lot, as above prov

3. Summoning assessors. The persons so selected as assessors shall, under the seal of the court, be summoned to attend and
manner as other writs or summonses

4. Failure of assessors to attend. If any person, summoned to act as assessor, fails, without lawful excuse, to attend at the tri
 as for contempt of court.

Sec. 5. Excusing assessors. The court may, on reasonable cause shown, excuse from attendance generally, or in any particular c
discharge from attendance, in any particular case, any person who

. 6. Compensation of assessors. Each assessor shall receive a compensation of ten pesos (P10) per day for the actual time by h
advanced out of the provincial or city funds but to be taxed as costs against the defeated par

ec. 7. Oath of assessors. Before entering upon the performance of his duty, in any action, each assessor shall be sworn by the ju
assessor.

8. Duties of assessors. The duties of assessors, when their aid is invoked as herein provided, shall be to sit with the judge dur
therein; but the final responsibility for the decision must

c. 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 th
easons for such dissent and sign such certification, which shall be filed with the other papers in the action. In case such dissent i
opinion it is entitled to, and render such judgment a

Rule 33

TRIAL BY COMMISSIONER

ion 1. Reference by consent. By written consent of both parties, filed with the clerk, the court may order any or all of the issue
by the court. As used in these rules the word "commissioner" includes a r

Sec. 2. Reference ordered on motion. When the parties do not consent, the court may, upon the application of either,

When the trial of an issue of fact requires the examination of a long account on either side, in which case the commissioner may

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

(c) When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in a

Sec. 3. Order of reference, powers of the commissioner. When a reference is made, the clerk shall forthwith furnish the comm
mmissioner, and may direct him to report only upon particular issues, or to do or perform particular acts, or to receive and report
is report. Subject to the specifications and limitations stated in the order, the commissioner has and shall exercise the power to r
ssary or proper for the efficient performance of his duties under the order. He may issue subpoenas and subpoenas duces tecum
admissibility of evidence. The trial or hearing before him shall proceed in all respects a

Sec. 4. Oath of commissioner. Before entering upon his duties the commissioner shall be

. 5. Proceedings before commissioner. Upon receipt of the order of reference unless otherwise provided therein, the commissio
be held within ten (10) days after the date of the order of reference and sha

C. 6. Failure of parties to appear before commissioner. If a party fails to appear at the time and place appointed, the commissio
notice to the absent party or his attorney of the a

Sec. 7. Refusal of witness. The refusal of a witness to obey a subpoena issued by the commissioner or to give evidence b

ec. 8. Commissioner shall avoid delays. It is the duty of the commissioner to proceed with all reasonable diligence. Either party
commissioner to speed up the proceedings and to m

. 9. Report of commissioner. Upon the completion of the trial or hearing or proceeding before the commissioner, he shall file w
n 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
evidence presented before him.

c. 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 sh
ort, if they so desire. Objections to the report based upon grounds which were available to the parties during the proceedings be
shall not be considered by the court unless they were made b

c. 11. Hearing upon report. Upon the expiration of the period of ten (10) days referred to in the preceding section, the report s
rejecting the report in whole or in part or it may receive further evidence

Sec. 12. Stipulations as to findings. When the parties stipulate that a commissioner's findings of fact shall be fina

13. Compensation of commissioner. The court shall allow the commissioner such reasonable compensation as the circumstance
squires.

RULE 34

SUMMARY JUDGMENTS

CTION 1. Summary judgment for claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a
with supporting affidavits for a summary judgment in his favor u

2. Summary judgment for defending party. A party against whom a claim, counterclaim, or cross-claim is asserted or a declara
in his favor as to all or any part thereo

3. Motion and proceedings thereon. The motion shall be served at least ten (10) days before the time specified for the hearing
judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions on file together with the affidavits, sh
and that the moving party is entitled to a judgment as

4. Case not fully adjudicated on motion. If on motion under this rule, judgment is not rendered upon the whole case or for all t
adings and the evidence before it and by interrogating counsel shall ascertain what material facts exist without substantial cont
e an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damage
just. Upon the trial of the action the facts so specified shall be deemed established

C. 5. Form of affidavits and supporting papers. Supporting and opposing affidavits shall be made on personal knowledge, shall
affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts there

C. 6. Affidavits in bad faith. Should it appear to the satisfaction of the court at any time that any of the affidavits presented pu
thwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the a
attorney may be adjudged guilty of conte

Rule 35

JUDGMENT ON DEMURRER TO EVIDENC

ection 1. Effect of judgment on demurrer to evidence.After the plaintiff has completed the presentation of his evidence, the defe
e for a dismissal on the ground that upon the facts and the law the plaintiff has shown no light to relief. However, if the motion i
evidence in his behalf.

Rule 36

JUDGMENTS ORDERS AND ENTRY THERE

tion 1. Rendition of judgments. All judgments determining the merits of cases shall be in writing personally and directly prepar
by him, and filed with the clerk of the co

2. Entry of judgments and orders. If no appeal or motion for new trial is filed within the time provided in these rules, the judgm
ies of judgments shall constitute its entry. The record shall contain the dispositive part of the judgment or order and shall be sig
 . 3. Judgment for or against one or more of several parties. Judgment may be given for or against one or more of several plain
may require the parties on each side to file adversary pleadings as between themselves

Sec. 4. Several judgments. In an action against several defendants, the court may, when a several judgment is proper, rende

5. Judgment at various stages. When more than one claim for relief is presented in an action, the court at any stage, upon a d
saction or occurrence which is the subject mater of the claim, may enter a judgment disposing of such claim. The judgment shall
he remaining claims. In case a separate judgment is so entered, the court by order may stay its enforcement until the entering of
secure the benefit thereof to the party in whose favor the

Sec. 6. Judgment against association.When judgment is entered against two or more persons sued as an associ

Rule 37

NEW TRIAL

ECTION 1. Grounds of and period for filing motion for new trial. Within the period for perfecting appeal, the aggrieved party ma
following causes materially affecting the substantial rig

(a) Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by

(b) Newly discovered evidence, which he could not, with reasonable diligence, have discovered, and produc

(c) Award of excessive damages, or insufficiency of the evidence to justify the dec

Sec. 2. Contents of motion for new trial and notice thereof. The motion shall be made in writing stating the ground or ground

hen the motion is made for the causes mentioned in subdivisions (a) and (b) of the preceding section, it shall be proved in the m
motion for the cause mentioned in subdivision (a) which may be re

When the motion is made upon the cause mentioned in subdivision (c) of the preceding section, it shall point out specifically the f
contrary to law, making express reference to the testimonial or documentary evidence or to the provis

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
section 1 of this rule, and the court finds its judgment to be contrary to evidence or law, it may amend such judgment according
advisable.

. 4. Second motion for new trial.A motion for new trial shall include all grounds then available and those not so included shall b
when the first motion was made, may be filed within the time herein provided excluding the

ec. 5. Effect of granting of motion for new trial. If a new trial be granted in accordance with the provisions of this rule, the orig
evidence taken upon the former trial so far as the same is material and competent to establish the is

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 les
may order a new trial as to such issues if severable without interfering

SEC. 7. Effect of order for partial new trial. When less than all of the issues are ordered retried, the court may either enter a

Rule 38

RELIEF FROM JUDGMENTS, ORDERS, OR OTHER PR

ction 1. Petition to Court of First Instance for relief from judgment of inferior court. When a judgment is rendered by an inferior
been unjustly deprived of a hearing therein, or has been prevented from taking an appeal, he may file a petition in the Court of Fi
judgment be set aside and the case tried upon
C. 2. Petition to Court of First Instance for relief from judgment or other proceeding thereof. When a judgment or order is enter
accident, mistake, or excusable negligence, he may tile a petition in such court and in the same caus

. 3. Time for filing petition; contents and verification. A petition provided for in either of the preceding sections of this rule mu
her proceeding to be set aside, and not more than six (6) months after such judgment or order was entered, or such proceeding
excusable negligence relied upon, and the facts constituting the petitioner's good and subs

. 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
the same within fifteen (15) days from the receipt thereof, which order shall be served in such mann

. 5. Preliminary injunction pending proceedings. The court in which the petition is filed, or a judge thereof, grant such prelimin
oceeding, upon the filing by the petitioner of a bond the adverse party, conditioned that if the petition is dismissed or the petitio
s that may be awarded to him by reason of the issuance of such injunction or the other proceedings following the petition; but su
have acquired upon the property of the peti

ec. 6. Proceedings after answer is filed. Once the answer is filed, or the time for its filing has expired, the court shall hear the p
on shall be dismissed; but if it finds said allegations to be true, it shall order the judgment, order or other proceeding complaine
judgment, order or other proceeding set aside had never b

c. 7. Procedure where a judgment is set aside. Where the judgment set aside is that of a Court of First Instance, such court sha
ein. 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
the Court of First Instance to attend and produce at the trial all th

Rule 39

EXECUTION, SATISFACTION AND EFFECT OF JU

ion 1. Execution upon final judgments or orders.Execution shall issue only upon a judgment or order that finally disposes of the
period to appeal therefrom if no appeal has been d

If the judgment has been duly appealed, execution may issue as a matter of right from the date o

2. Execution pending appeal. On motion of the prevailing party with notice to the adverse party the court may, in its discretion
be stated in a special order. If a record on appeal is filed thereafter, the motion an

. 3. Stay of execution. Execution issued before the expiration of the time to appeal may be stayed upon the approval by the cou
he judgment or order appealed from in case it be affirmed wholly or in part. The bond thus given may be proceeded against on m
appellate court.

. 4. Injunction, receivership and accounting, not stayed. Unless otherwise ordered by the court, a judgment in an action for inj
hall not be stayed after its rendition and before an appeal is taken or during the pendency of an appeal. The trial court, however,
unction, may make an order suspending, modifying, restoring, or granting such injunction during the pendency of the appeal, upo
the adverse party.

. 5. Effect of reversal of executed judgment. Where the judgment executed is reversed totally or partially on appeal, the trial c
and justice may warrant under the circumst

c. 6. Execution by motion or by independent action. A judgment may be executed on motion within five (5) years from the date
before it is barred by the statute of limitations, a judgment m

Sec. 7. Execution in case of death of party. Where a party dies after the entry of the judgment or order, execution t

(a) In case of the death of the judgment creditor, upon the application of his execu

(b) In case of the death of the judgment debtor, against his executor or administrator or successor in interest, if the judgme

c) n case of the death of the judgment debtor after execution is actually levied upon any of his property, the same may be sold fo
 executor or administrator for any surplus in h

8. Issuance, form and contents of a writ of execution. The writ of execution must issue in the name of the Republic of the Phili
ment or order, stating the court, province, and municipality where it is of record, and the amount actually due thereon if it be for
as follows:

a) If the execution be against the property of the judgment debtor, to satisfy the judgment, with interest, out of the personal pro
property;

(b) If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, ten

(c) If it be for the sale of real or personal property, to sell such property, describing it, and apply the proceeds in conformity

{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
judgment out of the personal property of the person against whom it was rendered, and if sufficient p

9. Writ of execution of special judgment. When a judgment requires the performance of any other act than the payment of mon
ached to the writ of execution and shall be served by the officer upon the party against whom the same is rendered, or upon any
punished for contempt if he disobeys such ju

. 10. Judgment for specific acts; vesting title. If a judgment directs a party to execute a conveyance of land, or to deliver deed
ime specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the
operty is within the Philippines, the court in lieu of directing a conveyance thereof may enter judgment divesting the title of any p
executed in due form of law.

11. Return of writ of execution. The writ of exertion may be made returnable, to the clerk or judge the court issuing it, at any ti
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 wit
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

Sec. 12. Property exempt from execution. Except as otherwise expressly provided by law, the foll

a) The debtor's family home constituted in accordance with the Civil Code, or in the absence thereof, the homestead in which he
thousand pesos;

(b) Tools and implements necessarily used by him in his t

(c) Two horses, or two cows, or two carabaos, or other beasts of burden, such as the debtor may select, not exceeding o

(d) His necessary clothing, and that of all his

(e) Household furniture and utensils necessary for housekeeping, and used for that purpose by the debtor, suc

(f) Provisions for individual or family use sufficient fo

(g) The professional libraries of attorneys, judges, physicians, pharmacists, dentists, engineers, surveyors, clergymen

(h) One fishing boat and net, not exceeding the total value of one thousand pesos, the property of a

(i) So much of the earnings of the debtor for his personal services within the month precedin

(j) Lettered gravestones;

All moneys, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance, if the annual premiums
which shall bear the same proportion to the moneys, benefits, privileges, and annuities so accruing or growing out of

(l) The right to receive legal support, or money or property obtained as such support,

(m) Copyrights and other properties especially exe

 But no article or species of property mentioned in this section shall be exempt from execution issued upon a judgment

Sec. 13. How execution for the delivery or restitution of property enforced. The officer must enforce an execution for the delive
endered and placing the judgment creditor in possession of such property, and by levying as hereinafter provided upon so much
included in the writ of execution.

14. Removal of improvements on property subject of execution. When the property subject of the execution contains improvem
molish or remove said improvements except upon special order of the court, issued upon petition of the judgment creditor after d
the court.

ec. 15. Execution of money judgments. The officer must enforce an execution of a money judgment by levying on all the propert
ue, of the judgment debtor not exempt from execution, or on a sufficient amount of such property, if there be sufficient, and sell
satisfy the judgment. Any excess in the proceeds over the judgment and accruing costs must be delivered to the judgment debto
of the judgment debtor than is sufficient to satisfy the judgment and accruing costs, within the view of the officer, he must levy

Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or personal propert

. 16. Effect of levy on execution as to third persons. The levy on execution shall create a lien in favor of the judgment creditor o
subject to liens or incumbrances then exis

ec. 17. Proceedings where property claimed by third person.If property levied on be claimed by any other person than the judg
session thereof, stating the grounds of such right or title, and serve the same upon the officer making the levy, and a copy there
ment creditor or his agent, on demand of the officer, indemnify the officer against such claim by a bond in a sum not greater than
determined by the court issuing the writ of ex

he officer is not liable for damages, for the taking or keeping of the property, to any third-party claimant unless a claim is made b
hundred twenty (120) days from the date of the filing of the bond. But nothing herein contained shall prevent such claiman

When the party in whose favor the writ of execution runs, is the Republic of the Philippines, or any officer duly representing it, the
damages as a result of the levy, he shall be represented by the Solicitor General and if held liable therefor, the actual damages
appropriated for the purpose.

Sec. 18. Notice of sale of property on execution. Before the sale of property on exe

) In case of perishable property, by posting written notice of the time and place of the sale in three public places in the municipa
character and condition of the propert

(b) In case of other personal property, by posting a similar notice in three public places in the municipality or city whe

n case of real property, by posting a similar notice particularly describing the property for twenty (20) days in three public place
, and, if the assessed value of the property exceeds four hundred pesos (P400), by publishing a copy of the notice once a week,
ere be one. If there are newspapers published in the Province in both the English and Spanish Ianguages, then a like publication
published in the Spanish language.

ec. 19. Penalty for selling without notice, or removing or defacing notice. An officer selling without the notice prescribed by the
ion to his actual damages, both to be recovered in a single proper action; and a person willfully removing or defacing the notice
the sale, shall forfeit five hundred pesos (P500) to any person injured by reason t

20. No sale if judgment and costs paid. At any time before the sale of property on execution the judgment debtor may prevent
therein.

21. How property sold on execution. Who may direct manner and order of sale. All sales of property under execution must be m
he afternoon. After sufficient property has been sold to satisfy the execution, no more shall be sold. When the sale is of real prop
property is claimed by a third person, he may require it to be sold separately. When the sale is of personal property capable of m
y to bring the highest price. The judgment debtor, if present at the sale, may direct the order in which property, real or personal,
advantage separately. Neither the officer holding the execution, nor his deputy, can become a purchaser,
 C. 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
sponsible for any loss occasioned thereby; but the court may order the refusing purchaser to pay into court the amount of such lo
ment shall be for the benefit of the person entitled to the proceeds of the execution, unless the execution has been fully satisfied,
refuses to pay, the officer may thereafter reject any subsequ

23. Judgment creditor as purchaser. When the purchaser is the judgment creditor, and no third-party claim has been filed, he
he shall pay only the excess.

24. Adjournment of sale. By written consent of debtor and creditor, the officer may adjourn any sale upon execution to any dat
day to day, if it becomes necessary to do so for lack of time to complete th

. 25. Conveyance to purchaser of personal property capable of manual delivery. When the purchaser of any personal property,
he property to the purchaser and, if desired, execute and deliver to him a certificate of sale. The sale conveys to the purchaser al
levied.

ec. 26. Conveyance to purchaser of personal property not capable of manual delivery. When the purchaser of any personal prop
execute and deliver to the purchaser a certificate of sale. Such certificate conveys to the purchaser all the right which the

Sec. 27. Conveyance of real property. Certificate thereof given to purchaser and filed with registrar.Upon a sale of re

(a) A particular description of the real proper

(b) The price paid for each distinct lot or p

(c) The whole price by him paid;

(d) The date when the right of redemption e

A duplicate of such certificate must be filed by the officer in the office of the registrar of d

28. Certificate of sale where property claimed by third person. When a property sold by virtue of a writ of execution has been
25, 26 and 27 of this rule, shall make express mention of the existe

. 29. Who may redeem real property so sold. Real property sold as provided in the last preceding section, or any part thereof so

(a) The judgment debtor, or his successor in interest in the whole

A creditor having a lien by attachment, judgment or mortgage on the property sold, or on some part thereof, subsequent to the ju

30. Time and manner of, and amounts payable on, successive redemptions. Notice to be given and fled. The judgment debtor
nths after the sale, on paying the purchaser the amount of his purchase, with one per centum per month interest thereon in addit
urchaser may have paid thereon after purchase, and interest on such last-named amount at the same rate; and if the purchaser
ch such purchase was made, the amount of such other lien, with interest. Property so redeemed may again be redeemed within s
h two per centum, thereon in addition, and the amount of any assessments or taxes which the last redemptioner may have paid t
unt of any liens held by said last redemptioner prior to his own, with interest. The property may be again, and as often as a rede
ast redemption, on paying the sum paid on the last previous redemption, with two per centum thereon in addition, and the amou
reon, with interest thereon, and the amount of any liens held by the last redemptioner prior to his own, with interest-Written not
e registrar of deeds of the province, and if any assessments or taxes are paid by the redemptioner or if he has or acquires any lie
given to the officer and filed with the registrar of deeds; if such notice be not filed, the property may

c. 31. Effect of redemption by judgment debtor, and a certificate to be delivered and recorded thereupon. To whom payments on
equired to effect a redemption by a redemptioner, whereupon the effect of the sale is terminated and he is restored I his estate, a
mption acknowledged or approved before a notary public or other officer authorized to take acknowledgments of conveyances o
he province in which the property is situated, and the registrar of deeds must note the record thereof on the margin of the record
be made to the purchaser or redemptioner, or for him to the o

Sec. 32. Proof required of redemptioner. A redemptioner must produce to the officer, or person from w
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 t
record thereof, certified by the registrar of

(b) A copy of any assignment necessary to establish his claim, verified by the affidavi

(c) An affidavit by himself or his agent, showing the amount the

c. 33. Manner of using premises pending redemption. Waste restrained. Until the expiration of the time allowed for redemption
nction, on the application of the purchaser or the judgment creditor, with or without notice; but it is not waste for a person in po
od 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 c
wood or timber on the property therefor, or for fuel for his family, w

34 Rents and profits pending redemption. Statement thereof and credit therefor on redemption.The purchaser, from the time o
emption, is entitled to receive the rents of the property sold or the value of the use and occupation thereof when such property i
gment creditor or purchaser, or by a redemptioner, or by the assignee of either of them, from property thus sold preceding such
be paid; and, if a later redemptioner or the judgment debtor, before the expiration of the time allowed for such redemption dema
erified statement of the amounts of the rents and profits thus received, the period of redemption is extended five (5) days after
or. If such statement is not so given within one (1) month from and after such demand, such redemptioner or debtor may bring a
days from and after the final determination of such action, the right of redemption

ec. 35. Deed and possession to be given at expiration of redemption period. By whom executed or given. If no redemption be m
conveyance and possession of the property; or, if so redeemed whenever sixty (60) days have elapsed and no other redemption
mptioner, or his assignee, is entitled to the conveyance and possession; but in all cases the judgment debtor shall have the entir
be executed by the officer making the sale or by his successor in office, and in the latter case shall have the same valid

on the execution and delivery of said deed the purchaser, or redemptioner, or his assignee, shall be substituted to and acquire al
vy, except as against the judgment debtor in possession, in which case the substitution shall be effective as of the date of the de
same officer unless a third party is actually holding the property adv

. 36. Recovery of price if sale not effective; revival of judgment. If the purchaser of real property sold on execution, or his succ
regularities in the proceedings concerning the sale, or because the judgment has been reversed or set aside, or because the prop
roperty he may in a proper action recover from the judgment creditor the price paid, with interest, or so much thereof as has no
gment revived in his name for the whole price with interest, or so much thereof as has been delivered to the judgment debtor. Th
as of the date of the revival and no mor

. 37. Right to contribution or reimbursement. When property liable to an execution against several persons is sold thereon, an
perty of one of them, or one of them pays, without a sale, more than his proportion, he may compel a contribution from the othe
surety pays the amount, or any part thereof, either by sale of his property or before sa

c. 38. Examination of judgment debtor when execution returned unsatisfied. When an execution issued in accordance with law
rned unsatisfied, in whole or in part, the judgment creditor, at any time after such return is made, shall be entitled to an order fr
of the province from which the execution was returned, requiring such judgment debtor to appear and answer concerning his pr
inted by him, at a specified time and place; and proceedings may thereupon be had for the application of the property and incom
be so required to appear before a judge of first instance or commissioner outside the p

ec. 39. Examination of debtor of judgment debtor. After an execution against the property of a judgment debtor has been return
tisfaction of the judge, that a person, corporation, or other legal entity has property of such judgment debtor, or is indebted to h
cer or member thereof, to appear before the judge, or a commissioner appointed by him, at a time and place within the province
redits due the judgment debtor and all money and Property of the judgment debtor in the possession or in the control of such pe
of such proceedings to be given to any party to the action in such m

Sec. 40. Enforcement of attendance and conduct of examination.A party or other person may be compelled, by an order or subp
ions, 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
he proceedings may be adjourned from time to time, until they are completed. If the examination is before a commissioner, he m
commissioner must be on oath, and when a corporation or other legal entity answers it

C. 41. Debtor may pay execution against creditor. After an execution against property has issued, a person indebted to the jud
thereof as may be necessary to satisfy the execution, and the officer's receipt shall be a sufficient discharge for the am
42. Order for application of property and income to satisfaction of judgment. The judge may order any property of the judgme
rson, or of a corporation or other legal entity, to be applied to the satisfaction of the judgment, subject to any prior rights over s
ings of the judgment debtor for his personal services are more than is necessary for the support of his family, the judge may ord
installment when due without good excuse may punish

C. 43. Appointment and bond of receiver. The judge may, by order, appoint the sheriff, or other proper officer or person, receive
sposition of, or any interference with, the property of the judgment debtor not exempt from execution. If a bonded officer be app
another person be appointed he shall give a bond as recei

Sec. 44. Sale of ascertainable interest of judgment debtor in, real estate. If it appears that the judgment debtor has an interest
erwise, and his interest therein can be ascertained without controversy, the receiver may be ordered to sell and convey such rea
the same manner as is provided for the sale of real estate upon execution, and the proceedings thereo

45. Proceedings when indebtedness denied or another person claims the property. If it appears that a person or corporation, a
operty adverse to him or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment credito
ebt, forbid a transfer or other disposition of such interest or debt until an action can be commenced and prosecuted to judgment
vacated by the judge granting the same, or by the court in which the action is brough

46. Entry of satisfaction of judgment by clerk or judge. Satisfaction of a judgment shall be entered by the clerk or judge in his
xecution satisfied, or upon the filing of an admission to the satisfaction of the judgment executed and acknowledged in the same
judgment creditor unless a revocation of his authority is filed, or upon the indorsement of such admission by the

Sec. 47. Entry of satisfaction with or without admission. Whenever a judgment is satisfied in fact, otherwise than upon an exec
dmission of the satisfaction as provided in the last preceding section, and after notice and upon motion the court may order eithe
without such admission.

48. When principal bound by judgment against surety. When a judgment is rendered against a party, and such party stands in
action or proceeding, and an opportunity at the surety's reque

Sec. 49. Effect of judgments.The effect of a judgment or final order rendered by a court or judge of the Philippine

) 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
rticular person or his relationship to another, the judgment or order is conclusive upon the thing, the will or administration, or th
letters of administration shall only be prima facie evidence of the de

In other cases the judgment or order is, with respect to the matter directly adjudged or as to any other matter that could have be
title subsequent to the commencement of the action or special proceeding, litigating for the sam

In any other litigation between the same parties or their successors in interest, that only is deemed to have been adjudged in a
and necessarily included therein or necessary

SEC. 50. Effect of foreign judgments. The effect of a judgment of a tribunal of a foreign country,

(a) In case of a judgment upon a specific thing, the judgment is concl

n case of a judgment against a person, the judgment is presumptive evidence of a right as between the parties and their success
jurisdiction, want of notice to the party, collusion, fraud, or cle

APPEALS

Rule 40

APPEAL FROM INFERIOR COURTS TO COURTS OF FI

Section 1. Who may appeal. Either party to an action may appeal from a judgment rendered by an inferior court to
. 2. Appeal, how perfected. An appeal shall be perfected within fifteen (15) days after notification to the party of the judgment
by delivering a postal money order for the amount of the appellate court docket fee, or a certificate of the municipal treasurer sh
certificate of the clerk of the municipal court showing receipt of the sa

c. 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
ty, conditioned that the appellant will pay all costs which the Court of First Instance may award against him. In lieu of such bond
e proper official that the appellant has deposited fifty pesos (P50) with the municipal or city treasurer and that said sum is availa
Court of First Instance. In case judgment is rendered in appellant's favor the sum deposited in lieu of appeal b

Sec. 4. Interruption of time to appeal.The time during which a motion for new trial has been pend

5. Transmittal of record. The justice of the peace or municipal judge from whose judgment an appeal is taken, shall, within fiv
the province or city a certified copy of the docket entries, together with all the original papers and process in the case and the o
appellate court docket fee.

Sec. 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 o
provincial treasurer, who shall immediately pay the court docket fee, and the clerk, as soon as the fee be

. 7. Reproduction of pleadings on appeal. Except in summary proceedings under section 17 of Rule 5, upon the docketing of the
by registered mail. Thereupon, the pleadings riled in the justice of the peace or municipal court s

ec. 8. Settlement of appealed cases. At any time after the perfection of an appeal from a judgment of a justice of the peace or m
ance to which the action is appealed, the parties may adjust the controversy by agreement in writing, signed by both parties and
and no further proceeding shall thereafter be taken in the action. But if the appeal papers have already been transmitted to the c
mediately transmit the compromise agreement to the clerk of the Court of First Instance, who shall file the same and enter a mem
action.

c. 9. Effect of appeals. A perfected appeal shall operate to vacate the judgment of the justice of the peace or the municipal cour
n its merits in accordance with the regular procedure in that court, as though the same had never been tried before and had bee
the judgment shall be deemed revived and shall forthwith be remanded to the justic

c. 10. Appellate powers of Courts of First Instance where action not tried on its merits by inferior court. Where the action has b
merits, the Court of First Instance shall on appeal review the ruling of the inferior court and may affirm or reverse it, as the

11. Lack of jurisdiction. A case tried by an inferior court without jurisdiction over the subject matter shall be dismissed on app
in the exercise of its original jurisdiction, may try the case on the merits if the parties therein file their ple

RULE 41

APPEALS PROM COURTS OF FIRST INSTANCE AND THE SOCIAL SECURITY

tion 1. Exceptions unnecessary. Formal exceptions to rulings, orders or a judgment of the court are unnecessary; but for all pur
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
to object to a ruling or order at the time it is made, the absence of an objec

. 2. Judgments or orders subject to appeal. Only final judgments or orders shall be subject to appeal. No interlocutory or incide
until final judgment or order is rendered for one par

A judgment denying relief under Rule 38 is subject to appeal, and in the course thereof, a party may also assail the judgment on

rty who has been declared in default may likewise appeal from the judgment rendered against him as contrary to the evidence o
him in accordance with Rule 38.

c. 3. How appeal is taken. Appeal may be taken by serving upon the adverse party and filing with the trial court within thirty (3
appeal. The time during which a motion to set aside the judgment or order or for a new trial has been pending shal

where such a motion has been filed during office hours of the last day of the period herein provided, the appeal must be perfecte
 motion.

Sec. 4. Notice of appeal. The notice of appeal shall specify the parties to the appeal; shall designate the judgment or order,

c. 5. Appeal bond. The appeal bond shall answer for the payment of costs. It shall be in the amount of one hundred and twenty
must be approved by the court before the transmittal of the record o

. 6. Record on appeal; form and contents thereof. The full names of all the parties to the proceedings shall be stated in the cap
en, and, in chronological order, copies of only such pleadings, petitions, motions and all interlocutory orders as are related to the
ther 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
nvolved. The reference shall specify the documentary evidence by the exhibit numbers or letters by which it was identified when
esses. If the whole oral and documentary evidence in the case is to be included, a statement to that effect will be sufficient witho
appeal exceeding twenty (20) pages must contain a

7. Hearing and approval of record. Upon the submission for approval of the record on appeal, if no objection is filed within five
he appellee, may direct its amendment by the inclusion of any matters omitted which are deemed essential to the determination
ord, 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
eir proper chronological sequence, such additional matters as the court may have directed him to incorporate, and shall thereupo
original draft.

Sec. 8. Joint record on appeal. Where both parties are appellants they may file a joint record on appeal w

9. When appeal deemed perfected; effect thereof. If the notice of appeal, the appeal bond and the record on appeal have been
the appeal bond other than a cash bond, and thereafter the trial court loses its jurisdiction over the case, except to issue orders f
litigated by the appeal, to approve compromises offered by the parties prior to the transmittal of the record on app

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 d
pleadings, orders and decisions included therein, as well as the dates of filing and receipt thereof

ec. 11. Transmittal. The clerk of the trial court shall transmit to the appellate court the record on appeal within ten (10) days af
proval, the certificate of correctness, and the original documentary evidence referred to therein. A true copy of such documentary
bits to be forwarded by the clerk of the trial court to the appellate court shall be collected in a separate folder which shall contain
their nature can not be included in the folder, the list to indicate thereon the page of the record where they m

12. Transcript Upon the approval of the record on appeal the clerk shall direct the stenographer or stenographers concerned to
e record on appeal. The stenographer or stenographers shall transcribe such oral evidence and shall prepare and affix to his tran
d, and a list of the exhibits and the pages wherein each of them appears to have been offered and admitted or rejected by the tr
range the same in the order in which the witnesses testified at the trial, and shall cause the pages to be numbered consecutively
court and the other copy shall remain in the lower court for examinat

Sec. 13. Effect of failure to file notice, bond, or record on appeal. Where the notice of appeal, appeal bond or record on app

. 14. Motion to dismiss appeal. A motion to dismiss an appeal on any of the grounds mentioned in the preceding section, may b

Sec. 15. Mandamus. When erroneously a motion to dismiss an appeal is granted or a record on appeal is disallowed by

Sec. 16. Appeal by pauper. Where a party desiring to appeal shall establish to the satisfaction of the trial court that he is a pau
portance, by reason of the amount involved, or the nature of the questions raised, that it ought to be reviewed by the appellate c
ransmit to the appellate court the entire record of the case, including the evidence taken on trial and the record on appeal, and t
printing the same.

A petition to be allowed to appeal as pauper shall not be enterta

c. 17. Appeal in certiorari, prohibition, mandamus, quo warranto, and employers' liability cases. In appeals in certiorari, prohib
original record of the case shall be transmitted to the appellate court in lieu of the record on appeal. The clerk of the tri

. 18. Appeal in habeas corpus cases, how taken. An appeal in habeas corpus cases shall be perfected by filing with the clerk of
such judgment, a statement that the person making it a
 Sec. 19. Who may appeal in habeas corpus cases. The appeal in habeas corpus cases may be taken in the name of the person
ceedings the party in interest or the person who caused the detention shall be entitled to control the appeal; and, if by virtue of c
control the appeal on behalf of the government, subject to the right of

. 20. Effect of appeal in habeas corpus cases. A judgment remanding the person detained to the custody of the officer or perso
be effective until the officer or person detaining has been given opportunity to appeal. An appeal taken by such officer or person
amount fixed by the court or judge rendering the judgment. The bond shall be conditioned for the appearance of th

. 21. Transmittal of record in appeals in habeas corpus cases. Immediately after an appeal is taken in habeas corpus cases, the
us, the return thereon, a statement of all the proceedings therein and the original judgment discharging or remanding the person
orders in regard thereto. The correctness of the papers shall be certified to b

. 22. Withdrawal of appeal. An appeal in any case may be withdrawn in the Court of First Instance before the record on appeal
appeal may be done in the appellate court as provided in

Sec. 23. Appeals from the Social Security Commission. The provisions of this rule shall apply to appe

RULE 42

APPEAL FROM COURTS OF FIRST INSTANCE TO SUP

Section 1. Procedure. The procedure of appeal to the Supreme Court from Courts of First Instance shall be governed by the

. 2. Appeal on pure question of law. Where the appellant states in his notice of appeal or record on appeal that he will raise onl

Rule 43

PPEAL FROM AN ORDER OR DECISION OF SECURITIES AND EXCHANGE COMMISSION, LAND REGISTRATION COMMISSION, COUR
SECTION 7 OF THE MINIMUM WAGE LAW, COURT OF INDUSTRIAL RELATIONS, CIVIL AERONAUTICS BOARD, WO

Section 1. Bow appeal taken. Any party may appeal from a final order, ruling or decision of the Securities and Exchange Commis
mmission, the Secretary of Labor under Section 7 of the Minimum Wage Law, the Court of Industrial Relations, the Civil Aeronauti
h said bodies a notice of appeal and with the Supreme Court twelve (12) printed or mimeographed copies of a petition for certiora
of the petition shall be served upon the court, commission, board or officer concerned and upon the adverse p

c. 2. Contents of petition. The petition shall contain a concise statement of the issues involved and the grounds relied on for th
from, together with the copies of such material portions of the record as are referred to therein and other suppor

The petition shall be made under oath and shall show, by mention of the specific material da

3. Grounds. The petition may be filed on the ground that the body rendering the ruling, order or decision appealed from, has de
it in a way not in accord with law or the applicable decisions

Decisions of the Court of Agrarian Relations may, in discretion of the court, also be reviewed upon proper mo

4. Period for filing. Appeals from an order, ruling or decision of the Securities and Exchange Commission and the Land Registra
r or decision; those from the Court of Agrarian Relations, the Social Security Commission, and the Secretary of Labor under Secti
Industrial Relations, the Civil Aeronautics Board, the Workmen's Compensation Commission, and t

Sec. 5. Docketing fee. Upon filing the petition the petitioner shall pay to the cle

c 6. Dismissal. Upon petition of the respondent filed within five (5) days from service of the petition, or upon its own motion, th
prosecuted manifestly for delay, or that the questions raised therein are too

ever, no petition shall be dismissed on account of a mistaken designation of the method of appeal, if the contents thereof substan
 petition for review.

ec. 7. Deposit for costs. If the petition is given due course, the petitioner shall deposit the sum of eighty pesos (P80) for costs w
court. Upon failure of petitioner to make the deposit within the said peri

8. Elevation of record. Within five (5) days from the deposit of the costs, the clerk of the Supreme Court shall notify the clerk o
(5) days from receipt of such notice, the whole record of the case shall be forwarded to the Supreme Court in appeals fro

appeals from the Court of Agrarian Relations, the Secretary of Labor under Section 7 of the Minimum Wage Law the Court of Ind
Commission on Elections and the Social Security Commission, certified true copies of t

ec. 9. Answer of respondent.Immediately after deposit for costs is made, the clerk shall require respondent to answer within te
portions of the record as are referred to therein together with other supporting papers. Copy of the

10. Effect of appeal. The appeal shall not stay the order, ruling or decision of the Securities and Exchange Commission, the Lan
retary of Labor under Section 7 of the Minimum Wage Law, the Court of Industrial Relations, and the Commission on Elections, b
unless the Supreme Court shall direct otherwise upon such te

Rule 44

APPEAL FKOM AN AWARD, ORDER OR DECISION OF PUBLIC SERVICE COMMISSION, PATENT OFFICE, AGRICULTURAL

ECTION 1. How appeal taken.An appeal from a final award, order or decision of the Public Service Commission, Patent Office, th
erfected by filing with said bodies a notice of appeal and with the Supreme Court twelve (12) copies of a petition for review of th
award, order or decision.

c. 2. Grounds of and procedure on appeal. Questions of law may be raised in an appeal from an award, order or decision of the
reviewed.

The procedure on appeal shall be governed by the provisions of Rule 43 in matters not covered by this rule, but the d

. 3. Elevation of record. Within five (5) days from the deposit of the costs, the clerk of the Supreme Court shall notify the clerk
days from such notice, the whole record shall be forwarded in appeals from the Public Service Commission, the Court of Tax Appe
Inventions Board certified true copies of the record sh

c. 4. Effect of appeal. The appeal shall not stay the award, order or decision of the Public Service Commission, the Patent Office
General Auditing Office.

Rule 45

APPEAL FROM COURT OF APPEALS TO SUPREM

Section 1. Filing of petition with Supreme Court. A party may appeal by certiorari, from a judgment of the Court of Appeals, by
ment 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 th
copy thereof to the Court of Appeals.

. 2. Contents of petition. The petition shall contain a concise statement of the matters involved, the assignment of errors made
ompanied with a true copy of the judgment sought to be reviewed, together with twelve (12) copies of the record on appeal, if a
when notice of judgment and denial of the motion for reconsideration, if any, w

y 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 Cour
the Court of Appeals the elevation of the whole reco

. 3. Dismissal. Upon petition of the respondent filed within five (5) days from service of the petition, or upon its own motion, th
prosecuted manifestly for delay, or that the questions raised therein are too
. 4. Review of Court of Appeals' decision, discretionary. A review is not a matter of right, but of sound judicial discretion, and w
neither controlling nor fully measuring the hurt's discretion, indicate the chara

When the Court of Appeals has decided a question substance, not theretofore determined by the Supreme Court, or has decided it

(b) When the Court of Appeals has so far departed from the accepted and usual course of judicial proceedings, or so far sanctio

ec. 5. Deposit for costs. If the petition is given due course, the petitioner shall deposit the sum of eighty pesos (P80) for costs
petitioner to make the deposit within the said period, the pet

PROCEDURE IN THE COURT OF APPEAL

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"

2. Attorneys and guardians. Attorneys and guarddians ad litem of the respective parties in the court below shall be considered
others are appointed notice thereof shall be served immediately on the ad

3. Order of transmittal of record. If the record on appeal is not received by the Court of Appeals within thirty (30) days after t
order directing the clerk of the lower court forthwith to transmit such record on appeal or t

Sec. 4. Notice of receipt of record. The clerk upon receiving the record on appeal shall ca

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 n
he docketing of the appeal, and within sixty (60) days from such notice to submit to the court forty (40) printed copies of the rec
appellee.

ere the appellant has been authorized to appeal as pauper, he shall file with the court seven (7) clearly typewritten or mimeogra
the adverse party.

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
with the record on appeal.

7. Objections to printed record on appeal. Within thirty (30) days from receipt of the printed copies of the record on appeal, th
No alterations, omissions or additions in the printed record shall be allowed, and a violation of th

The period fixed in the preceding paragraph shall not suspend or interrupt the period for filing

Sec. 8. Elevation of evidence. Upon receipt of printed copies of the record on appeal, the clerk shall ascertain whether or no

C. 9. Service of printed copies of record on appeal. Upon receipt of the printed copies of the record on appeal, the clerk shall at
party or his attorney.

c. 10. Appellant's brief. After receipt by the appellant of fifteen (15) copies of the printed record on appeal, it shall be his duty t
t all the evidence, oral and documentary, is already attached to the record, forty (40) copies of his printed brief together with pr
eal as pauper, or if for sufficient cause he is relieved of the obligation to file a printed brief, he may file seven (7) legibly typewri
appendix thereto, within forty-five (45) days from notice by the appellate court that all the evidence, oral and documentary, is al

c. 11. Appellee's brief. Within forty-five (45) days from receipt of appellant's brief, the appellee shall file with the court forty (4
appellant. A pauper appellee may file seven (7) legibly typewritten or mimeographed co

Sec. 12. Appellant's reply brief. Within twenty (20) days from receipt of appellee's brief, the appellant may file a rep

. 13. Time of filing brief in special cases. In mandamus, certiorari, prohibition, quo warranto, habeas corpus, election contest, w
 the parties shall be filed within thirty (30) days but the court may still shorten th

14. Several appellants or appellees or several attorneys for each party. Where there are several appellants or appellees, each
of the briefs. And when several attorneys represent one party appellant or appellee, co

. 15. Extension of time for filing brief. Extension of time for the filing of briefs will not be allowed, except for good and sufficien
be extended.

Sec. 16. Contents of appellant's brief. The appellants brief shall contain in t

(a) A subject index of the matter in the brief with a digest of the argument and page references and a table of cases alphabetica

(b) An assignment of the errors intended to be urged. Such errors shall be separately, distinctly and conci

) Under the heading "Statement of the Case," a clear and concise statement of the nature of the action, a summary of the procee
matters necessary to an understanding of the nature of the controversy,

Under the heading "Statement of Facts," a clear and concise statement in a narrative form of the facts admitted by both parties a
detail to make it clearly intelligible, with page referen

(e) A clear and concise statement of the issues of fact or law to be subm

Under the heading "Argument," the appellant's arguments on each assignment of error with page references to the record. The a
page of the report on which the citation is f

(g) Under the heading "Relief," a specification of the or judgmen

(h) In cases not brought up by record on appeal, the appellant's brief shall contain as an app

Sec. 17. Contents of appellee's brief. The appellee's brief shall contain in th

a) A subject index of the matter in the brief with a digest of the argument and page references and a table of cases alphabeticall

b) Under the heading "Statement of Facts," the appellee shall state that he accepts the statement of facts in the appellant's brief,
inaccuracies as he believes exist in the appellant's statement of facts with references to the pages of the record in sup

Under the heading "Argument," the appellee shall set forth his arguments in the case on each assignment of error with page refe
the case begins and the page of the report on which the

18. Questions that may be raised on appeal. Whether or not the appellant has filed a motion for new trial in the court below, h
court below and which is within the issues framed

Rule 47

ORIGINAL CASES

Section 1. Title of cases. In all cases originally filed in the Court of Appeals, the party instituting the action s

2. Petition. In cases coming within the original jurisdiction of the Court of Appeals, the petition shall be accompanied with sup
copies of the petition and supporting papers shall be signed by the petitioner and filed

c. 3. Order. Immediately upon the filing of the petition, the clerk shall report the same to the court and upon a prima facie show
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 an
shall be made also upon the Solicitor Gen

Sec. 4. Answer. The respondent, within the time herein provided, shall file his answer with the court and serve a c
 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
pleadings filed.

Rule 48

ORAL ARGUMENT

ion 1. When appealed case deemed submitted for decision.Upon the filing of appellant's reply brief, or after the expiration of th
days any party asks and for special reasons is thereafter granted permission for oral argum

Oral argument shall be confined to such points as the court may specify i

This section shall apply to all appeals by petition for review or certiorari, pet

2. Order of oral argument. The appellant, petitioner, or, in the discretion of the court, the party who applied for oral argument
to the party who opened it. Two counsel may, in the discretion of the court, be heard

Sec. 3. Duration of oral argument. Each party shall be entitled to half an hour for oral

Sec. 4. Memoranda and list of authorities. Memoranda may be admitted at the hearing in lieu of oral argument. A citation

Sec. 5. Oral argument of appellee without brief. If the appellee fails to file his brief in time and the case is called for oral a

ec. 6. Completion or correction of record. If the court discovers that the record before it is so incomplete or incorrect that justic
proper and necessary to that effect.

c. 7. Original papers may be required. Whenever it is necessary or proper in the opinion of the court that original papers of any
safekeeping, and return of such original papers as may seem proper, and the court may receive an

c. 8. Hearing of appeals in habeas corpus cases. Appeals in habeas corpus cases shall take precedence over all other cases in th
hall be required, and likewise at the time of the rendition of the judgment by the appellate court. His absence, however, shall no
gment, but the court may forthwith declare his bond forfeited and order that the person detained foe remanded to the custody o
the same manner as in criminal proceedi

Rule 49

PLEADINGS, MOTIONS, SERVICE OF PAP

CTION 1. Pleadings, motions, service of papers and proof thereof. Pleadings, motions, filing and service of papers, and proof th
they are not inconsistent with the provisions o

ec. 2. No oral argument for motions. No oral argument will be heard in support of motions, unless the court otherwise directs. T
which the motion shall be deemed submitted f

Sec. 3. Effectiveness of service. Unless otherwise provided by these rules, service of notices, of pleadings and of all

Rule 50

DISMISSAL OF APPEAL

Section 1. Grounds for dismissal of appeal. An appeal may be dismissed by the Court of Appeals, on it

(a) Failure of the record on appeal to show on its face that the appeal was perfe

(b) Failure to file, within the period prescribed by these rules, the notice of a
 (c) Failure of the appellant to prosecute his appeal under

(d) Failure of the appellant to pay the docketing fee as provide

(e) Unauthorized alterations, omissions or additions in the p

(f) Failure of the appellant or of Ms printer, to serve and file the required number of copie

(g) Want of specific assignment of errors in the appellant's brief, or of page references to

(h) Failure of the appellant to take the necessary steps for the correction or completion of the r

(i) That the order or judgment appealed from is no

Sec. 2. Effect of dismissal. Fifteen (15) days after the dismissal of an appeal, the clerk shall return to the court below the recor
missed. Upon the receipt of such certificate in the lower court the case shall stand there as though no appeal had ever been take
appellate court upon dismissing the app

3. Where appealed case erroneously, brought. Where the appealed case has been erroneously brought to the Court of Appeals
clear statement of the grounds therefo

c. 4. Withdrawal of appeal. An appeal may be withdrawn as of right at any time before the filing of appellee's brief. After that b
appeal shall have the same effect as that of a dismissal in accordan

Rule 51

JUDGMENT

SECTION 1. Justices; who may take part. All matters submitted to the court for its consideration and adjudication will be deem
members of the division of the court at the time when such matters are taken up for consideration and adjudication, whether such
ent when any matter is submitted for oral argument will take part in its consideration and adjudication, if the parties or either of

ec. 2. Quorum of the court. The unanimous vote of the three Justices of a division shall be necessary for the pronouncement of
ice shall designate two Justices from among the other members of the court to sit temporarily with them, forming a special divis
pronouncement of a judgment.

c. 3. Disposition of a case. The Court of Appeals, in the exercise of its appellate jurisdiction, may affirm, reverse, or modify the
When a new trial shall be granted, the court shall pass upon all the questions of law i

Sec. 4. Findings of the court. Every decision of the Court of Appeals shall contain complete

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
etting aside, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inco
error or defect which does not affect the substantial rig

6. Judgment where there are several parties. In all actions or proceedings, an appealed judgment may be affirmed as to some
far as necessary, as if separate actions had been begun and prosecuted; and execution of the judgment of affirmance may be h

7. Questions that may be decided. No error which does not affect the jurisdiction over the subject matter will be considered un
option, may notice plain errors not specified, and also

. 8. Interest-bearing claim. Unless otherwise provided, when the judgment rendered by the Court of Appeals is upon an interes
bearing claim, it shall bear the legal rate of i

9. Filing and notice of judgment. After the judgment and dissenting opinions, if any, are signed by the Justices taking part, the
the parties or their counsel.
ec. 10. Entry of judgment. The judgment shall be entered upon the expiration of fifteen (15) days after service of notice thereof
petition of appellant without objection on the part of the appellee praying for the dismissal of the case, entry shall be made

C. 11. Return of case. Ten (10) days after entry of judgment, the clerk shall return the records of the case to the lower court, u
event the mittimus shall be stayed. Upon returning the case, the clerk shall transmit to the co

It shall be the duty of the clerk of the lower court to notify the parties within five (5) days of the re

Rule 52

RE-HEARING

Section 1. Motion for re-hearing. A motion for a rehearing or reconsideration shall be made ex parte and filed within fifteen (15
onsideration shall be filed without express leave of court. A second motion for reconsideration may be presented within fifteen (
been pending.

2. Oral argument when motion granted. If the court finds merit prima facie in the motion for re-hearing or reconsideration, the
case for oral argument.

Sec. 3. Stay. A motion for re-hearing or reconsideration filed in time shall stay the fi

Rule 53

NEW TRIAL

ION 1. Petition. Before a final order or judgment rendered by the Court of Appeals becomes executory, a motion for a new trial
r 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 re
therefor and the newly discovered eviden

2. Hearing and order.The Court of Appeals shall consider the new evidence together with that adduced on the trial below, and m
further testimony, either orally in court, or by depositions, or render such other judgment as ought to be ren

Sec. 3. Procedure in new trial. Unless the court otherwise directs, the procedure in the new tria

Rule 54

INTERNAL BUSINESS

CTION 1. Distribution of cases among divisions. All the cases of the Court of Appeals shall be allotted among the different divis
rs or rules to govern the allotment of cases among the different divisions, the constitution of such divisions, the regular rotation
the business of the court; and such rules shall continue in force until repealed

. 2. Decisions within term. All cases submitted to a division of the Court of Appeals for decision shall be decided or terminated
ase is complicated or otherwise attended with special circumstances which demand additional time for its study or consideration
additional period not exceeding three (3) months for its disp

. 3. Quorum of the court. Eleven Justices of the Court of Appeals shall constitute a quorum for its sessions in bane; and three Ju
t or the division shall stand ipso facto adjourned until such time as the requisite number shall be present, and a memorandum sh
ten Justices is necessary to pass a resolution of the

ule 55

PUBLICATION OF DECISIONS
h the consent of the respective writers thereof, the decisions of the court shall be published in the Official Gazette and in the App
other decisions not so published shall be made by the reporter and published in the Official Gazette and included in the Appellate
with the writers thereof.

PROCEDURE IN THE SUPREME COURT

Rule 56

APPEALED AND ORIGINAL CASES

ction 1. Procedure similar to that of Court of Appeals. Unless otherwise provided by the Constitution or by law, the procedure in
Appeals, except as hereafter provided

. 2. Copies to be filed in appealed as well as in original cases. In appeals under Rule 42, where record on appeal is required, tw
enever original jurisdiction is invoked, in addition to the original pleadings, memoranda and reports, and the necessary copies to
the court.

Upon proper petition and showing the court may allow the filing of twelve (12) legibly typew

he transcript of the testimony, whenever required by the rules, shall be filed in five (5) clearly legible copies besides the original

EC. 3. Periods for filing briefs. In all appeals, including petitions for review or certiorari, the appellant or petitioner shall file his
appellee or respondent shall also file his brief with the said court within thirty (

. 4. Copies of briefs to be filed. Both appellant and appellee, or petitioner and respondent, shall file with the Supreme Court tw
upon the adverse party.

5. Mimeographed or typewritten copies of record on appeal and brief.Where a party has been authorized to appeal as pauper,
his record on appeal and brief, together with proof of service of one (1) c

6. Appealed orders or decisions as appendix. Unless records on appeal are required, orders or decisions sought to be reviewed,
brief as appendix.

SEC. 7. Extension of Mme.No extension of time to file brief shall be granted except for special and weighty reasons, up

8. When case deemed submitted. Upon the filing of the reply brief, or after the expiration of the time for its filing, the case sha
party, for special reasons, requires oral argument. Oral argument shall be heard only o

Sec. 9. Calendar of hearings. The clerk shall prepare at the beginning of each month a calendar of hearings in original cases a

Sec. 10. Oral argument, its duration. Each party shall be entitled to thirty (30) minutes for oral argument, extendible in the dis

c. 11. Procedure if opinion is equally divided. Where the court in bane is equally divided in opinion, or the necessary majority c
shall be dismissed if originally commenced in the court; in appealed cases, the judgment or order appealed from shall st

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 o
satisfaction of any judgment that may be recovered in t

(a) In an action for the recovery of money or damages on a cause of action arising from contract, express or implied, against
(b) In an action for money or property embezzled or fraudulently misapplied or converted to his own use by a public officer, or a
employment as such, or by any other person in a fiduciary capacity,

) In an action to recover the possession of personal property unjustly detained, when the property, or any part thereof, has been
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
conversion of which the action is broug

(e) In an action against a party who has removed or disposed of his property, or is ab

(f) In an action against a party who resides out of the Philippines, or on whom

2. Issuance and contents of order. An order of attachment may be granted by the judge of any court in which the action is pen
ther proper officer of the province to attach all the property of the party against whom it is issued within the province not exemp
unt of which must be stated in the order, unless such party makes deposit or gives bond as hereinafter provided in an amount su
which is about to be attached. Several orders may be issued at the same time to the she

c. 3. Affidavit and bond required. An order of attachment shall be granted only when it is made to appear by the affidavit of the
tion exists, that the case is one of those mentioned in section 1 hereof, that there is no other sufficient security for the claim sou
erty the possession of which he is entitled to recover, is as much as the sum for which the order is granted above all legal count
with the clerk or judge of the court before the or

c. 4. Condition of applicant's bond. The party applying for the order must give a bond executed to the adverse party in an amou
pay all the costs which may be adjudged to the adverse party and all damages which he may sustain by reason of the atta

5. Manner of attaching property. The officer executing the order shall without delay attach, to await judgment and execution in
xempt from execution, or so much thereof as may be sufficient to satisfy the applicant's demand, unless the former makes a dep
cuted to the applicant, in an amount sufficient to satisfy such demand besides costs, or in an amount equal to the value of the pro
he may recover in the action. The officer shall also forthwith serve a copy of the applicant's affidavit and bond, and of

6. Officer's return. Immediately after executing the order the officer must make a return thereon to the clerk or judge of the co
complete inventory of the property attached, together with any counter-bond given by the party against whom attachmen

Sec. 7. Attachment of real and personal property; recording thereof. Properties shall be attache

Real property, or growing crops thereon, standing upon the records of the registrar of deeds of the province in the name of the pa
registrar of deeds a copy of the order, together with a description of the property attached, and a notice that it is attached, and b
e be. Where the property has been brought under the operation of the Land Registration Act, the notice shall contain a reference
the certificate is registered. The registrar must index attachments filed under this paragraph i

Real property, or growing crops thereon or any interest therein, belonging to the party against whom attachment is issued, and h
r person, by filing with the registrar of deeds a copy of the order, together with a description of the property, and a notice that su
r person, naming him, are attached, and by leaving with the occupant of the property, if any, and with such other person, or his a
h order, description, and notice. Where the property has been brought under the operation of the Land Registration Act, the noti
registration book where the certificate is registered. The registrar of deeds must index attachments filed under this paragraph in
or in whose name it stands on the recor

(c) Personal property capable of manual delivery, by taking and safely keeping it in his cap

d) Stocks or shares, or an interest in stocks or shares, of any corporation or company, by leaving with the president or managing
against whom the attachment is issued, is attached in pur

Debts and credits, and other personal property not capable of manual delivery, by leaving with the person owing such debts, or h
nt, a copy of the order, and notice that the debts owing by him to the party against whom attachment is issued, and the credits a
attached in pursuance of such order;
he interest of the party against whom attachment is issued in property belonging to the estate of the decedent, whether as heir,
dent with a copy of the order and e that said interest is attached. A copy of said order attachment and of said notice shall also be
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 prope

C. 8. Effect of attachment of debts and credits. All persons having in their possession or under their control any credits or other
ny 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 pre
erty, until the attachment be discharged, or any judgment recovered by him be satisfied, unless such property be delivered or tr
the attachment.

. 9. Effect of attachment of interest in property belonging to the estate of a, decedent. The attachment of the interest of an hei
ers of the executor, administrator, or other personal representative of the decedent over such property for the purpose of admin
y petition for distribution is filed, and in the order made upon such petition, distribution may be awarded to such heir, legatee, o
subject to the claim of such heir, legatee, or devisee, or any pe

. 10. Examination of party whose property is attached and persons indebted to him or controlling his property; delivery of prope
ssession or under his control any credit or other personal property belonging to such party, may be required to attend before the
mined on oath respecting the same. The party whose property is attached may also be required to attend for the purpose of givin
mination, order personal property capable of manual delivery belonging to him, in the possession of the person so required to att
such terms as may be just, having reference to any lien thereon or claim against th

11. Sale of perishable property. Whenever it shall be made to appear to the judge of the court in which the action is pending, u
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 pr
deposited in court to abide the judgment in th

12. Discharge of attachment upon giving counter-bond. At any time after an order of attachment has been granted, the party w
ice 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
ng, order the discharge of the attachment if a cash deposit is made, or a counter-bond executed to the attaching creditor is filed
amount equal to the value of the property attached as determined by the judge, to secure the payment of any judgment that the
l forthwith be served on the attaching creditor or his lawyer. Upon the discharge of an attachment in accordance with the provisi
he party making the deposit or giving the counter-bond, or the person appearing on his behalf, the deposit or counter-bond afore
found to be, or become, insufficient, and the party furnishing the same fail to file an additional counter-bo

13. Discharge of attachment for improper or irregular issuance. The party whose property has been attached may also, at any
ve been actually levied, upon reasonable notice to the attaching creditor, apply to the judge who granted the order, or to the jud
ground that the same was improperly or irregularly issued. If the motion be made on affidavits on the part of the party whose pro
unter-affidavits or other evidence in addition to that on which the attachment was made. After hearing, the judge shall order the
defect is not cured forthwith.

. 14. Proceedings where property claimed by third persons. If property taken be claimed by any person other than the party ag
thereto or right to the possession thereof, stating the grounds of such right or title, and serves such affidavit upon the officer wh
fficer shall not be bound to keep the property under the attachment, unless the attaching creditor or his agent, on demand of sai
erty attached. In case of disagreement as to such value, the same shall be decided by the court issuing the writ of attachment. T
d-party claimant, unless such a claim is so made and the action upon the bond brought within one hundred and twenty (120) day
son from vindicating his claim to the property by proper action. However, when the person in whose behalf the writ of attachmen
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
adjudged by the court shall be paid by the National Treasurer out of the fun

ec. 15. Satisfaction of judgment out of property attached; return of officer. If judgment be recovered by the attaching creditor a
satisfied out of the property attached, if it be sufficient for that pur

(a) By paying to the judgment creditor the proceeds of all sales of perishable or other property sold in pursuance of t

(b) If any balance remain due, by selling so much of the property, real or personal, as may be necessary o satisfy the balance, if

By collecting from all persons having in their possession credits belonging to the judgment debtor, or owing debts to the latter
determined by the court in the action, and stated in the judgment, and paying the procee
 The officer shall forthwith make return in writing to the court of his

16. Balance due collected upon an execution; excess delivered to judgment debtor. If after realizing upon all the property atta
guishment of the judgment, less the expenses of proceedings upon the judgment, any balance shall remain due, the officer must
been paid, the officer, upon reasonable demand, must return to the judgment debtor the attached property remaining in his h

ec. 17. When execution returned unsatisfied, recovery had upon bond. If the execution be returned unsatisfied in whole or in pa
ure the payment of the judgment shall become charged on such counter-bond, and bound to pay to the judgment creditor upon d
or sureties after notice and summary hearing in the

18. Disposition of money deposited. Where the party against whom attachment had been issued has deposited money instead
y judgment rendered in favor of the attaching creditor, and after satisfying the judgment the balance shall be refunded to the de
issued, the whole sum deposited must be refunded to h

. 19. Disposition of attached property where judgment is for party against whom attachment was issued. If judgment be rende
he sheriff, clerk, or other proper officer under the order of attachment, and all property attached remaining in any such officer's
attachment discharged.

c. 20. Claim for damages on account of illegal attachment. If the judgment on the action be in favor of the party against whom a
editor, any damages resulting from the attachment. Such damages may be awarded only upon application and after proper hearin
before appeal is perfected or before the judgment becomes executory, with due notice to the attaching creditor and his surety

the judgment of the appellate court be favorable to the party against whom the attachment was issued, he must claim damages
whose favor the attachment was issued or his surety or sureties, before the judgment of the appellate court becomes executory

Rule 58

PRELIMINARY INJUNCTION

tion 1. Preliminary injunction defined; classes. A preliminary injunction is an order granted at any of an action prior to the fina
particular act, in which case it shall be known as a prelimina

c. 2. Who may grant preliminary injunction. A preliminary injunction may be granted by the judge of any court in which the act
granted by the judge of a Court of First Instance in any action pending in

Sec. 3. Grounds for issuance of preliminary injunction. A preliminary injunction may be granted at any time after

t the plaintiff is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or co
period or perpetually;

That the commission or continuance of some act complained of during the litigation or the non-perfor

hat the defendant is doing, threatens, or is about to do, or is procuring or suffering to be done, some act probably in violation of
ineffectual.

Sec. 4. Verified complaint and bond for preliminary injunction. A preliminar

(a) The complaint in the action is verified, and shows facts entitling the p

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 a
which he may sustain by reason of the injunction if the court should finally decid

5. Preliminary injunction not granted without notice; exception. No preliminary injunction shall granted without notice to the
reat or irreparable injury would result to the applicant before the matter can be heard on notice. The judge to whom the applicat
requiring him to show cause, at a specified time and place, why the in
 6. Grounds for objection to, or for motion of dissolution of, injunction. The injunction may be refused, or, if granted ex parte, m
without notice to the adverse party. It may also be refused or dissolved on other grounds upon affidavits on the part of the defe
nted, may be dissolved, if it appears after hearing that although the plaintiff is entitled to the injunction, the issuance or continua
be fully compensated for such damages as he may suffer, and the defendant files a bond in an amount fixed by the judge conditi
of the injunction. If it appears that the extent of the preliminary injunction g

Sec. 7. Order. After hearing on the merits the court may grant or refuse, continue, mod

Sec. 8. Service of copies of bonds; effect of disapproval of same. The party filing a bond in accordance with the provisions of th
fficiency 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 su
roved after justification is not filed forthwith, the injunction shall be dissolved. If the defendant's bond is found to be insufficient
sufficient sureties approved after justification is not filed forthwith, the injunction sh

. 9. Judgment to include damages against party and sureties. Upon the trial the amount of damages to be awarded to the plaint
ascertained, and awarded under the same procedure as prescrib

10. When final injunction granted. If upon the trial of the action it appears that the plaintiff is entitled to have the act complai
defendant from the commission or continuance of the act or confirming th

Rule 59

RECEIVERS

ction 1. When and by whom receiver appointed. One or more receivers of the property, real or personal, which is the subject of
pending, or by a Justice of the Court of Appeals or of the Supreme

(a) When a corporation has been dissolved, or is insolvent, or is in imminent danger o

When it appears from the complaint or answer, and such other proof as the judge may require, that the party applying for the ap
and that such property or fund is in danger of being lost, removed, or materially injured un

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
that the parties have so stipulated in the contract

fter judgment, to preserve the property during the pendency of an appeal, or to dispose of it according to the judgment, or to aid
apply his property in satisfaction of the judgment, or otherwise to c

(e) Whenever in other cases it appears that the appointment of a receiver is the most convenient and feasible m

Sec. 2. Creditor or stockholder may apply for receiver for corporation. When a corporation has been dissolved, or is insolvent, o
appointed on the complaint of a creditor, stockholder, or mem

3. Bond on appointment of receiver ex parts. If a receiver be appointed upon an ex parte application, the court, before making
arty against whom the application is presented in an amount to be fixed by the court, to the effect that the applicant will pay suc
applicant shall have procured such appointment without sufficient cause; and the court may, in its discretion, at any ti

ec 4. Denial of application or discharge of receiver on defendant's bond. The application for the appointment of a receiver may b
intment makes it appear by affidavits, that such appointment was secured without sufficient cause; the adverse party may oppo
ver discharged, when the party opposing the appointment files a bond executed to the applicant in an amount to be fixed by the
the acts, omissions, or other matters specified in the application as

. 5. Oath and bond, of receiver. Before entering upon his duties, the receiver must be sworn to perform them faithfully, and mu
effect that he will faithfully discharge the duties of receiver in the action an

. 6. Service of copies of bonds; effect of disapproval of same. The person filing a bond in accordance with the provisions of this
ufficiency 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 fou
ficient in amount with sufficient sureties approved after justification is not filed forthwith, the application shall be denied, or the
he receiver is found to be insufficient in amount or the surety or sureties thereon fail to justify, and a bond sufficient in amount w
appointed or re-appointed, as the case ma

7. General powers of receiver. Subject to the control of the court in which the action is pending, a receiver shall have power to
controversy; to receive rents; to collect debts due to himself as receiver or to the fund, property, estate, person, or corporation
standing debts; to divide the money and other property that shall remain among the persons legally entitled to receive the same
the hands of a receiver may be invested at interest only by order of the court made upon

c. 8. Termination of receivership; compensation of receiver. Whenever the court, of its own motion or on that of either party, s
erested parties and hearing, settle the accounts of the receiver, direct the delivery of the funds and other property in his hands t
further duty as such. The court shall allow the receiver such reasonable compensation as the circumstances of the case warr

9. Judgment to include recovery against sureties. The amount, if any, to be awarded to either party upon any bond filed by the
under the same procedure as prescribed in section

Rule 60

DELIVERY OP PERSONAL PROPERTY

TION 1. Application. Whenever the complaint in an action prays for the recovery of possession of personal property, the plainti
the delivery of such property to him, in the manner her

Sec. 2. Affidavit and bond. Upon applying for such order the plaintiff must show by his own affidav

(a) That the plaintiff is the owner of the property claimed, particularly describing

(b) That the property is wrongfully detained by the defendant, alleging the cause of detention ther

(c) That it has not been taken for a tax assessment or fine pursuant to law, or seized under an execution, or an attachment ag

(d) The actual value of the property.

plaintiff must also give a bond, executed to the defendant in double the value of the property as stated in the affidavit aforemen
the payment to the defendant of such sum as he may recover fro

c. 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 jud
detained, and requiring the sheriff or other proper officer of the court forthwi

Sec. 4. Duty of the officer. Upon receiving such order the officer must serve a copy thereof on the defendant together with a co
ossession of the defendant or his agent, and retain it in his custody. If the property or any part thereof be concealed in a building
se the building or inclosure to be broken open and take the property into his possession. When the officer has taken property as
deliver it to the party entitled thereto upon receiving his fees and necessary ex

ec. 5. Return of property. If the defendant objects to the sufficiency of the plaintiff's bond, or of the surety or sureties thereon,
ct, he may, at any time before the delivery of the property to the plaintiff, require the return thereof, by filing with the clerk or ju
plaintiff's affidavit, for the delivery of the property to the plaintiff, if such delivery be adjudged, and for the payment of such sum
plaintiff or his attorney.

ec. 6. Disposition of property by officer. If within. five (5) days after the taking of the property by the officer, the defendant doe
rn 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
he does not forthwith file an approved bond, the property shall be delivered to the Plaintiff. If for any reason the pro

c. 7. Third-party claim. If the property taken be claimed by any other person than the defendant or his agent, and such person m
t or title, and serves the same upon the officer while he has possession of the property, and a copy thereof upon the plaintiff, the
ent, on demand of the officer, indemnifies him against such claim by a bond in a sum not greater than the value of the property, a
r. The officer is not liable for damages, for the taking or keeping of such property, to any other person than the defendant or his
nd twenty (120) days from the date of the filing of said bond. But nothing herein contained shall prevent such third person from
on in whose behalf the order of delivery was issued, is the Republic of the Philippines, or any officer duly representing it, the filin
or damages as a result of such execution, he shall be represented by the Solicitor General, and if held liable therefor, the actual d
appropriated for the purpose.

Sec. 8. Return of papers.The officer must file the order, with his proceedings indorsed thereon, with the clerk of t

ec. 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 an
same, or for the value in case delivery cannot be made, and also for such damag

10. Judgment to include recovery against sureties. The amount, if any, to be awarded to either party upon any bond filed by th
under the same procedure as prescribed in section

Rule 61

SUPPORT PENDENTE LITE

tion 1. Application. The plaintiff, at the commencement of the proper action, or at any time afterwards but prior to final judgm
financial conditions of both parties, and shall be accompanied by affidavits, depositions

Sec. 2. Notice.Notice of the application shall be served upon the adverse party who shall have three (3) d

Sec. 3. Answer.The answer shall be in writing and accompanied by affidavits, deposition

Sec. 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 fac

. 5. Order. The court shall determine provisionally the pertinent facts, and shall render such order as equity and justice may req
obable outcome of the case, and such other circumstances as may aid in the proper elucidation of the question involved. If the a
terms of payment. If the application is denied, the trial of the principal case on i

ec. 6. Enforcement of order. If defendant fails to comply with an order granting support pendente lite, he must be ordered to sh
means to pay support and refuses to pay, either an order of execution may be issued o

SPECIAL CEVIL ACTIONS

Rule 62

GENERAL RULE

ction 1. Preceding rides applicable in special civil actions. The provisions of the preceding rules shall apply in special actions fo
anto, eminent domain, foreclosure of mortgage, partition, forcible entry and detainer, and contempt, which are not inconsistent

Rule 63

INTERPLEADER

tion 1. Interpleader when proper. Whenever conflicting claims upon the same subject matter are or may be made against a per
part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel th

2. Order. Upon the filing of the complaint, the court shall issue an order requiring the conflicting claimants to interplead with o
subject matter be paid or transferred into

Sec. 3. Summons. Summons shall be served upon the conflicting claimants, toge

4. Other pleadings. Each claimant shall file his answer setting forth his respective claim within fifteen (15) days from service o
may file their reply thereto as provided by these rules. If any claimant fails to plead within the time herein fixed, the cou
 Sec. 5 Determination. After the pleadings of the conflicting claimants have been filed the court shall proceed

Sec. 6. Costs as lien. The costs shall be a first lien or charge upon the subject matter of th

Rule 64

DECLARATORY RELIEF AND SIMILAR REME

ection 1. Who may file petition. Any person interested under a deed, will, contract or other written instrument, or whose rights
violation thereof, bring an action to determine any question of construction or validity arising under the instr

An action for the reformation of an instrument, to quiet title to real property or remove clouds therefrom, or to consolid

. 2. Parties. All persons shall be made parties who have or claim any interest which would be affected by the declaration; and n
not parties to the action.

c. 3. Notice on Solicitor General. In any action which involves the validity of a statute, or executive order or regulation, the Soli
and shall be entitled to be heard upon such q

. 4. Municipal or city ordinance. In any action involving the validity of a municipal or city ordinance the provincial or city fiscal o
be unconstitutional the Solicitor General shall also be notified

Sec. 5. Discretionary. Except in actions falling under paragraph 2 of section 1 of this rule, the court may refuse to exercise the
terminate the uncertainty or controversy which gave rise to the action, or in any case where the declaration, or con

6. Conversion into ordinary action. If before the final termination of the case, a breach or violation of an instrument, or a statu
converted into an ordinary action, and parties allowed to file such pleadi

Rule 65

CERTIORARI, PROHIBITION AND MANDA

tion 1. Petition for certiorari. When any tribunal, board, or officer exercising judicial functions, has acted without or in excess o
dy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper cour
the proceedings, as the law requires, of such tribunal,

The petition shall be accompanied by a certified true copy of the judgment or order subject thereof, together w

. 2. Petition for prohibition. When the proceedings of any tribunal, corporation, board, or person, whether exercising functions
scretion, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law a person aggrieve
praying that judgment be rendered commanding the defendant to desist from further pr

The petition shall be accompanied by a certified true copy of the judgment or order subject thereof, together w

3. Petition for mandamus. When any tribunal, corporation, board, or person unlawfully neglects the performance of an act wh
cludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speed
ied petition in the proper court alleging the facts with certainty and praying that judgment be rendered commanding the defenda
rights of the petitioner, and to pay the damages sustained by the petitioner by re

. 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 c
Appeals if it is in aid of its appellate jurisdi

Petitions for certiorari under Rules 43, 44 and 45 shall be filed

5. Defendants and costs in certain cases. When the petition filed relates to the acts or omissions of a court or judge, the petitio
aining 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 o
such proceedings in favor of the petitioner shall be against the person or persons in i

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
in ten (10) days from the receipt of a copy thereof. Such order shall be served on the defendants in such manner as the court ma
copies thereof.

7. Expediting proceedings. Preliminary injunction. The court in which the petition is filed, or a judge thereof, may make orders
the rights of the parties pending such proce

C. 8. Proceedings after answer is filed. Once the answer is filed, or the time for its filing has expired, the court may order the p
after such hearing the court finds that the allegations of the petition are true, it shall render judgment for such of the relie

9. Service and enforcement of order or judgment. A certified copy of the judgment rendered in accordance with the last preced
such manner as the court may direct, and disobedience thereof punished as for contempt. An executio

Rule 66

QUO WARRANTO

Section 1. Action by Government against individuals. An action for the usurpation of office or franchise m

(a) A person who usurps, intrudes into, or unlawfully holds or exercises a public office, or a franch

(b) A public officer who does or suffers an act which, by the provisions of

(c) An association of persons who act as a corporation within the Philippines without being le

Sec. 2. Like actions against corporations. A like action may be br

(a) When it has offended against a provision of an Act for it

(b) When it has forfeited its privileges and franchis

(c) When it has committed or omitted an act which amounts to a surrender of its

(d) When it has misused a right, privilege, or franchise conferred upon it by law, or when it has ex

c. 3. When Solicitor General or fiscal must commence action. The Solicitor General or a fiscal, when directed by the President o
case specified in the last two preceding sections can be established by p

c. 4. When Solicitor General or fiscal may commence action with permission of court. The Solicitor General or fiscal may, with t
uest and upon the relation of another person; but in such case the officer bringing it may first require an indemnity for the expen
relation the same is brought.

. 5. When hearing had on application for permission to commence action.Upon application for permission to commence such ac
the defendant so that he may be heard in opposition thereto; and if permission is granted, entry thereof shall be made on the d

Sec. 6. When an individual may commence such an action.A person claiming to be entitled to a public office or position usurpe

7. What complaint for usurpation to set forth, and who may be made parties.When the action is against a person for usurping
e entitled thereto, if any, with an averment of his right to the same and that the defendant is unlawfully in possession thereof. A
their respective rights to such office, position or franchise deter

8. Venue. An action under the last preceding' seven sections can be brought only in the Supreme Court or in the Court of First
fendant is a corporation, in the province in which it is domiciled or has a place of business; but when the Solicitor General of the
Manila or in the Supreme Court.
 9. Time for pleadings and proceedings may be shortened. Action given precedence. The court may shorten the time provided b
most expeditious determination of the matters involved therein consistent with the rights of the parties. Such actio

c. 10. Judgment where usurpation found. When the defendant is found guilty of usurping, intruding into, or unlawfully holding
h defendant be ousted and altogether excluded therefrom, and that the plaintiff or relator, as the case may be, recover his costs.
position, right, privilege, or franchise of all the parties to the a

11. Judgment where director of corporation was illegally elected. Order and notice of new election. Enforcement of order. Whe
her illegal votes were received or legal votes were rejected, or both, sufficient to change the result, judgment may be rendered t
n 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 an
judges shall be given for the time and in the manner provided by law for notice of elections of directors of such corporations. Th
thereof is served upon its secretary personally, or is left at its principal place business in the Philippines,

c. 12. Judgment against corporation for dissolution or ouster. When it is found that a corporation has, by an act done or omitte
e during the term of five (5) years, judgment shall be entered that it be ousted and excluded therefrom and that it be dissolved.
work as a surrender or forfeiture, judgment shall be rendered that it be ousted from the continuanc

c. 13. Appointment of receiver token corporation dissolved.The court rendering a judgment dissolving a corporation shall appoi
provisions of Rule 59.

. 14. Liability of officer neglecting to deliver property of corporation to receiver. An officer of such corporation who refuses or n
, obligations, and papers of every description within his power or control, belonging to the corporation, or in anywise necessary
ontempt as having disobeyed a lawful order of the court, and shall be liable to the receiver for the value of all money or other thin
sustained by the stockholders and creditors of the corporation, or any of them,

c. 15. Rights of persons adjudged entitled to office Delivery of books and papers. Damages.If judgment be rendered in favor of
office and executing any official bond required by law, take upon himself the execution of the office, and may immediately therea
pertaining to the office to which the judgment relates. If the defendant refuses or neglects to deliver any book or paper pursuan
court. The person adjudged entitled to the office may also bring action against such defendant to recover

c. 16. Limitations. Nothing contained in this rule shall be construed to authorize an action against a corporation for forfeiture o
ne or committed; nor to authorize an action against a public officer or employee for his ouster from office unless the same be com
office or position, arose; nor to authorize an action for damages in accordance with the provisions of the last preceding section
the plaintiff's right to the office in quest

17. Judgment for costs. In an action brought in accordance with the provisions of this rule, the court may render judgment for
defendant corporation, or the person or persons claiming to be a corporation, or

Rule 67

EMINENT DOMAIN

ction 1. The complaint. The right of eminent domain shall be exercised by the filing of a complaint which shall state with certain
ndemned, and join as defendants all person owning or claiming to own, or occupying, any part thereof or interest therein, showi
ght to be condemned appears to be in the Republic of the Philippines, although occupied by private individuals, or if the title is o
are the real owners, averment to that effect may be mad

. 2. Entry of plaintiff upon depositing value with National or Provincial Treasurer. Upon the filing of the complaint or at any tim
rsonal property involved if he deposits with the National or Provincial Treasurer its value, as provisionally and promptly ascertai
ject to the orders and final disposition of the court. Such deposit shall be in money, unless in lieu thereof the court authorizes th
mand to the National or Provincial Treasurer, as the case may be, in the amount directed by the court to be deposited. After such
plaintiff in possession of the property invo

3. Defenses and objections. Within the time specified in the summons, each defendant, in lieu of an answer, shall present in a
of the plaintiff to take his property for the use or purpose specified in the complaint. All such objections and defenses not so pre
filed with the court with the proof of serv
. 4. Order of condemnation. When such a motion is overruled or when any party fails to defend as required by this rule, the cou
erty sought to be condemned, for the public use or purpose described in the complaint, upon the payment of just compensation t
objection to the exercise of the right of condemnation shall be filed or heard and the plaintiff shall not be permitted t

. 5. Ascertainment of compensation. Upon the entry of the order of condemnation, the court shall appoint not more than three
just compensation for the property sought to be taken. The order of appointment shall designate the time and place of the first
report is to be filed with the court.

. 6. Proceedings by commissioners. Before entering upon the performance of their duties, the commissioners shall take and sub
led in court with the other proceedings in the case. Evidence may be introduced by either party before the commissioners who a
parties consent to the contrary, after due notice to the parties to attend, view and examine the property sought to be condemne
nsel, argue the cause. The commissioners shall assess the consequential damages to the property not taken and deduct from suc
or purpose of the property taken, the operation of its franchise by the corporation, or the carrying on of the business of the corp
exceed the consequential damages assessed, or the owner be deprived of th

. 7. Report by commissioners and judgment thereupon. The court may order the commissioners to report when any particular p
ch partial report, and direct the commissioners to proceed with their work as to subsequent portions of the property sought to b
make a full and accurate report to the court of all their proceedings, and such proceedings shall not be effectual to bind the prop
ordance with their recommendations. Except as otherwise expressly ordered by the court, such report shall be filed within sixty (
extended in the discretion of the court. Upon the filing of such report, the clerk of the court shall serve copies thereof on all inter
the findings of the report, if they so des

c. 8. Action upon commissioners report. Upon the expiration of the period of ten (10) days referred to in the preceding section,
objections to the report or their statement of agreement therewith, the court may, after hearing, accept the report and render
missioners for further report of facts; or it may set aside the report and appoint new commissioners, or it may accept the report
to the plaintiff the property essential to the exercise of his right of condemnation, and to the

C. 9. Uncertain ownership. Conflicting claims. If the ownership of the property taken is uncertain, or there are conflicting claim
erty 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 clerk before the plaintiff can enter upon the property, or retain it for the public u

ec. 10. Rights of plaintiff after judgment and payment. Upon payment by the plaintiff to the defendant of compensation as fixed
tiff shall have the right to enter upon the property condemned and to appropriate it to the public use or purpose defined in the ju
ection 2 hereof. If the defendant and his attorney absent themselves from the court, or decline to receive the amount tendered, o
with like effect to the clerk of the court for the defendant or the person ultimately adjudged entitled thereto, and t

Sec. 11. Entry not delayed by appeal. Effect of reversal. The right of the plaintiff to enter upon the property of the defendant an
ment. But if the appellate court determines that plaintiff has no right of condemnation, the case shall be remanded to the Court o
that he recover the damages sustained by reason of the posses

12. Costs, by whom paid.The fees of the commissioners shall be taxed as a part of the costs of the proceedings. All costs, excep
taken by the owner and the judgment is affirmed, in which event the costs o

c. 13. Recording judgment, and its effect. The judgment entered in condemnation proceedings shall state definitely, by an adeq
lic use or purpose for which it is condemned. When real estate is condemned, a certified copy of such judgment shall be recorded
effect shall be to vest title in the real estate so described in the plainti

14. Power of guardian in such proceedings. The guardian or guardian ad litem of a minor or person of unsound mind, or of a pe
orm on behalf of his ward any act, matter, or thing respecting the condemnation for public use or purpose of property belonging t
such minor or person of unsound mind, or person declared judicially to be incompetent could do in su

Rule 68

FORECLOSURE OF MORTGAGE

tion 1. Complaint in action for foreclosure. In an action for the foreclosure of a mortgage or other incumbrance upon real estat
 the names and residences of the mortgagor and mortgagee, a description of the mortgaged premises, statement of the date of t
and the names and residences of all persons having or claiming an interest in the premises subordinate in right to that

. 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 co
gation, including interest and costs, and shall render judgment for the sum so found due and order that the same be paid into co
and that in default of such payment the property be sold to realize

3. Sale of mortgaged property; effect. When the defendant, after being directed to do so as provided in the last preceding secti
rder the property to be sold in the manner and under the regulations that govern sales of real estate under execution. Such sale
ereof, 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 ves

c. 4. Disposition of proceeds of sale.The money realized from the sale of mortgaged property under the regulations hereinbefo
ortgage, and when there shall be any balance or residue, after paying off such mortgage or other incumbrance, the same shall be
there be no such incumbrancers or there be a balance or residue after payment of such incumbrancers,

5. How sale to proceed in case the debt is not all due. If the debt for which the mortgage or incumbrance was held is not all du
st cease; and afterwards, as often as more becomes due for principal or interest, the court may, on motion, order more to be sold
ordered to be sold in the first instance, and the entire debt and costs paid, there being

c. 6. Judgment for balance after sale of property. Upon the sale of any real property, under an order for a sale to satisfy a mortg
oceeds of the sale, the court, upon motion, shall render judgment against the defendant for any such balance for which, by the re
mediately if the balance is all due at the time of the rendition of the judgment; otherwise the plaintiff shall be entitled to executi
contract, which time shall be stated in the ju

7. Final record. The final record in the action shall set forth, in brief, the petition and other pleadings, judgment and orders, th
with a description of the property by him purchased, and the certificate of redemption, if any, or th

ec. 8. Judicial foreclosure of chattel mortgage. The provisions of this rule shall be applicable to the judicial foreclosure of chatt
Chattel Mortgage Law and without prejudice to the provisions of Articles 1

RULE 69

PARTITION

ion 1. Complaint in action for partition of real estate. A person having the right to compel the partition of real estate may do so
adequate description of the real estate of which partition is demanded and joining as defen

. 2. Order for partition, and partition by agreement thereunder. If upon trial the court find that the plaintiff has the right theret
ies may, if they are able to agree, Make partition among themselves by proper instruments of conveyance, and the court shall co
of the court confirming the same, shall be recorded in the office of the registrar of deeds

Sec. 3. Commissioners to make partition when parties fail to agree. If the parties are unable to agree upon the partition, the co
commissioners to make the partition, commanding them to set off to the plaintiff and to each party in interest suc

4. Oath and duties of commissioners. Before making such partition, the commissioners shall take and subscribe an oath that t
other proceedings in the case. In making the partition, the commissioners shall view and examine the real estate, after due not
rence in the portion of the property to be set apart to them and the comparative value thereof, and shall set apart the same to th
regard to the improvements, situation and quality of the d

5. Assignment or sale of real estate by commissioners. When it is made to appear to the commissioners that the real estate, o
t 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
property be sold instead of being so assigned, in which case the court shall order the commissioners to sell the rea

6. Report of commissioners. Proceedings not binding until confirmed. The commissioners shall make full and accurate report t
e 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
findings of the report, if they so desire. None of the proceedings had before the commissioners shall be effectual to pass the ti
commissioners and rendered judgment in accordance with
7. Action of the court upon commissioners report. Upon the expiration of the period of ten (10) days referred to in the precedin
their objections to the report or their statement of agreement therewith, the court may, upon hearing, accept the report and r
missioners for further report of facts; or set aside the report and appoint new commissioners; or accept the report in part and re
just partition of the real estate, or of its value, if assigned or sold as above prov

8. Accounting for rent and profits in action for partition. In an action for partition in accordance with the provisions of this rule
party from the real estate in question, and the judgment shall include an

ec. 9. Power of guardian in such proceedings. The guardian or guardian ad litem of a minor or person of unsound mind or perso
orm on behalf of his ward any act, matter, or thing respecting the partition of real estate, which the minor or person of unsound m
of age or of sound mind or competent

c. 10. Costs and expenses to be taxed and collected. The court shall equitably tax and apportion between the parties the costs
make partition, having regard to the interests of the parties and execution

11. The judgment and its effect. Copy to be recorded with registrar of deeds. If actual partition of property is made, the judgm
he real estate assigned to each party, and the effect of the judgment shall be to vest in each party to the action in severally the p
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 ass
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
e of the purchaser or purchasers and a definite description of the parcels of real estate sold to each purchaser, and the effect of t
payments, free from the claims of any of the parties to the action. A certified copy of the judgment shall in either case be recorde
the expense of such recording shall be taxed as a part of th

Sec. 12. Neither paramount rights nor amicable partition affected by this rule. Nothing in this rule contained shall be construed
lved in an action for partition by title under any other person, or by title paramount to the title of the parties among whom the p
or in common from making an amicable partition thereof by agreement and suitable instru

Sec. 13. Partition of personal property. The provisions of this rule shall apply to partitions of estates composed of personal

RULE 70

FORCIBLE ENTRY AND DETAINER

tion 1. Who may institute proceedings, and when. Subject to the provisions of the next succeeding section, a person deprived
ord, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expira
e legal representatives or assigns of any such landlord, vendor, vendee, or other person, may, at any time within one (1) year af
rt against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them
be verified.

The provisions of this rule shall not apply to cases covered by th

c. 2. Landlord to proceed against tenant only after demand. No landlord, or his legal representative or assign, shall bring such a
ess 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
notice of such demand upon the person found on the premises, or by posting such notic

Sec. 3. Preliminary injunction. The court may grant preliminary injunction, in accordance with the provisions of Rule 58 hereof,

ossessor deprived of his possession through forcible entry may within ten (10) days from the filing of the complaint present a m
mandatory injunction to restore him in his possession. The court shall decide the moti

Sec. 4. Evidence of title, when admissible.Evidence of title to the land or building may be received solely for the purpos

. 5. When bond required on continuance.- No continuance shall be granted for a longer period than five (5) days on the applica
should judgment be rendered against the defendant, of the rent an

. 6. Judgment. If upon trial the court finds that the allegations of the complaint are not true, it shall render judgment for the de
ntiff for the restitution of the premises, for the sum justly due as arrears of rent or as reasonable compensation for the use and o
judgment for the sum found in arrears from either party, and awa

7. Judgment conclusive only on possession; not conclusive in actions involving title or ownership. The judgment rendered in a
no wise bind the title or affect the ownership of the land or building. Such judgment shall not bar an action between the same pa
found in a case between the same parties upon a different cause of a

c. 8. Immediate execution of judgment. How to stay same. If judgment is rendered against the defendant execution shall issue
ufficient bond, approved by the justice of the peace or municipal court and executed to the plaintiff to enter the action in the Cou
dgment appealed from, and unless, during the pendency of the appeal, he deposits with the appellate court the amount of rent d
eace or municipal court to exist. In the absence of a contract, he shall deposit with the court the reasonable value of the use and
ment, on or before the tenth day of each succeeding month or period. The super sedeas bond shall be transmitted by the justice
which the action is appealed. All moneys so paid to the appellate court shall be deposited in the provincial or city treasury, and sh
rested parties, or in the absence of reasonable grounds of opposition to a motion to withdraw, or for justifiable reasons, shall de
me during the tendency of the appeal, the appellate court, upon motion of the plaintiff, of which the defendant shall have notice,
respect to the restoration of possession, but such execution shall not be a bar o the appeal takin

e 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
rst Instance, and in any case wherein it appears that the defendant has been deprived of the lawful possession of land or buildin
nicipal court, damages for such deprivation of possession may be allowed the defendant in the judgment of the Court of First Ins
municipal court, with the other papers, to the clerk of the Court of First Ins

. 9. Mandatory injunction in case of appeal. Upon motion of the lessor, within ten (10) days from the perfection of the appeal to
restore the lessor in possession if the court is satisfied that the lessee's appeal is frivolous or dilato

10. Stay of execution on appeal to Court of Appeals or Supreme Court. Where defendant appeals from a judgment of the Court
not be stayed unless the appellant deposits the same amounts and within the periods referred to in section

Rule 71

CONTEMPT

ion 1. Direct contempt punished summarily. A person guilty of misbehavior in the presence of or so near a court or judge as to
ge, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposi
ge and punished by fine not exceeding two hundred pesos or imprisonment not exceeding ten (10) days, or both, if it be a super
one (1) day, or both, if it be an inferior co

2. Appeal.The person adjudged in contempt by an inferior court may appeal from the judgment to the Court of First Instance o
nding the appeal upon such person filing a bond conditioned that he will abide by and perform the judgment should the appeal be

C. 3. Indirect contempts to be punished after charge and hearing. After charge in writing has been filed, and an opportunity give
may be punished for contempt:

(a) Misbehavior of an officer of a court in the performance of his official

Disobedience of or resistance to a lawful writ, process, order, judgment, or command of a court, or injunction granted by a cour
perty by the judgment or process of any court of competent jurisdiction, enters or attempts or induces another to enter into or u
manner disturbs the possession given to the person adjudge

(c) Any abuse of or any unlawful interference with the process or proceedings of a court not c

(d) Any improper conduct tending, directly or indirectly, to impede, obstruct,

(e) Assuming to be an attorney or an officer of a court, and actin

(f) Failure to obey a subpoena duly serv

 (g) The rescue, or attempted rescue, of a person or property in the custody of an officer b

But nothing in this section shall be so construed as to prevent the court from issuing process to bring the accused

. 4. Charge; where to be filed. Where the contempt, under the preceding section, has been committed against a superior court o
here such contempt has been committed against an inferior court or judge, the charge may be filed with the Court of First Instan
stituted in such inferior court subject to appeal to the Court of First Instance of such province or city in the same manner as is pr
committed against an administrative officer or any non-judicial person, committee, or other body, the charge may be filed with th

5. Hearing; release on bail. If the hearing is not ordered to be had forthwith, the accused may be released from custody upon f
day set for the hearing, the court shall proceed to investigate the charge and consider such

. 6. Punishment if found guilty. If the accused is thereupon adjudged guilty of contempt committed against a superior court or
ths, or both; if adjudged guilty of contempt committed against an inferior court or judge, he may be fined not exceeding one hun
the violation of an injunction, he may also be ordered to make complete restitu

ec. 7. Imprisonment until order obeyed. When the contempt consists in the omission to do an act which is yet in the power of th

ec. 8. Proceeding when party released on bail fails to answer. When an accused released on bail fails to appear upon the day fix
pearance to be prosecuted, or both; and, if the bond be prosecuted, the measure of damages shall be the extent of the loss or inj
prosecuted, and the costs of the proceedings, and such recovery shall be for the benefit of the party injured. But

Sec. 9. Court may release accused. The court or judge who made the order imprisoning a person for contempt nay dischar

Sec. 10. Review of judgment or order by Court of Appeals or Supreme Court; bond for stay.The judgment or order of a Court of F
wed by the Court of Appeals or Supreme Court, but execution of the judgment or order shall not be suspended until a bond is file
if the appeal be decided against him he will abide by and perform the judgment or ord

Part II

SPECIAL PROCEEDINGS

GENERAL PROVISION

Rule 72

SUBJECT MATTER AND APPLICABILITY OF GENE

Section 1. Subject matter of special proceedings. Rules of special proceeding

(a) Settlement of estate of deceased pers

(b) Escheat;

(c) Guardianship and custody of childre

(d) Trustees;

(e) Adoption;

(f) Rescission and revocation of adoptio

(g) Hospitalization of insane persons

(h) Habeas corpus;

(i) Change of name;

 (j) Voluntary dissolution of corporation

(k) Judicial approval of voluntary recognition of minor

(l) Constitution of family home;

(m) Declaration of absence and death

(n) Cancellation or correction of entries in the ci

Sec. 2. Applicability of rules of civil actions. In the absence of special provisions, the rules provided for in ordin

SETTLEMENT OF ESTATE OF DECEASED PER

Rule 73

VENUE AND PROCESS

tion 1. Where estate of deceased persons settled. If the decedent is an inhabitant of the Philippines at the time of his death, wh
ate 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
taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts. Th
or of the location of his estate, shall not be contested in a suit or proceeding, except in an appeal from that court,

. 2. Where estate settled upon dissolution of marriage. When the marriage is dissolved by the death of the husband or wife, th
paid, in the testate or intestate proceedings of the deceased spouse. If both spouses have died, the conjugal par

. 3. Process. In the exercise of probate jurisdiction, Courts of First Instance may issue warrants and process necessary to comp
ers granted them by law. If a person does not perform an order or judgment rendered by a court in the exercise of its probate jur
performs such order or judgment, or is rele

4. Presumption of death. For purposes of settlement of his estate, a person shall be presumed dead if absent and unheard from
to the balance of his estate after payment of all his debts. The balance may be re

Rule 74

SUMMARY SETTLEMENT OF ESTATES

on 1. Extrajudicial settlement by agreement between heirs. If the decedent left no will and no debts and the heirs are all of ag
rpose, the parties may, without securing letters of administration, divide the estate among themselves as they see fit by means o
ay 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
ether by public instrument or by stipulation in a pending action for partition, or the sole heir who adjudicates the entire estate to
he filing of the public instrument, or stipulation in the action for partition, or of the affidavit in the office of the register of deeds
operty involved as certified to under oath by the parties concerned and conditioned upon the payment of any just claim that may
creditor files a petition for letters of administration within two (2) year

e fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation in the manner pro
person who has not participated therein or I no no

. 2. Summary settlement of estates of small value. Whenever the gross value of the estate of a deceased person, whether he di
he Court of First Instance having jurisdiction of the estate by the petition of an interested person and upon hearing, which shall b
blication of a notice which shall be published once a week for three (3) consecutive weeks in a newspaper of general circulation
t may proceed summarily, without the appointment of an executor or administrator, and without delay, to grant, if proper, allow
he 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
guardians or trustees legally appointed and qualified, if otherwise, shall thereupon be entitled to receive and enter into the poss
er as may be just respecting the costs of the proceedings, and all orders and judgments made or rendered in the course thereof s
 estate, shall be recorded in the proper registe

3. Bond to be filed by distributees.The court, before allowing a partition in accordance with the provisions of the preceding se
in an amount to be fixed by court, conditioned for the payment of any just claim which

.4. Liability of distributees and estate. If it shall appear at any time within two (2) years after the settlement and distribution o
eir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel
atisfying such lawful participation. And if within the same time of two (2) years, it shall appear that there are debts outstanding
prived of his lawful participation payable in money, the court having jurisdiction of the estate may, by order for that purpose, aft
t manner each distributee shall contribute in the payment thereof, and may issue execution, if circumstances require, against the
h. Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of tw
been made.

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
or is in prison or outside the Philippines, he may present his claim within one

Rule 75

PRODUCTION OF WILL. ALLOWANCE OF WILL N

tion 1. Allowance necessary. Conclusive as to execution. No will shall pass either real or personal estate unless it is proved an
conclusive as to its due execution.

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
will.

c. 3. Executor to present will and accept or refuse trust. A person named as executor in a will shall, within twenty (20) days aft
med executor if he obtained such knowledge after the death of the testator, present such will to the court having jurisdiction, unl
the court in writing his acceptance of the trust or his re

. 4. Custodian and executor subject to fine for neglect.A person who neglects any of the duties required in the two last precedi
pesos.

Sec. 5. Person retaining will may be committed. A person having custody of a will after the death of the testator who neglects
jurisdiction, may be committed to prison and there kept un

Rule 76

ALLOWANCE OR DISALLOWANCE OF WI

ection 1. Who may petition for the allowance of will Any executor, devisee, or legatee named in a will; or any other person inter
jurisdiction to have the will allowed, whether the same m lug possessi

The testator himself may, during his lifetime, petition the court f

Sec. 2. Contents of petition.A petition for the allowance of a will must sho

(a) The jurisdictional facts;

(b) The names, ages, and residences of the heirs, legatees, and devis

(c) The probable value and character of the propert

(d) The name of the person for whom letters ar

(e) If the will has not been delivered to the court, the name of the
 But no defect in the petition shall render void the allowance of the will, or the issuance of letter

c. 3. Court to appoint time for proving will. Notice thereof to be published.When a will is delivered to, or a petition for the allow
oving the will when all concerned may appear to contest the allowance thereof, and shall cause notice of such time and place to
general circulation in the province.

But no newspaper publication shall be made where the petition for probate

4. Heirs, devisees, legatees, and executors to be notified by mail or personally. The court shall also cause copies of the notice o
s, legatees, and devisees of the testator resident in the Philippines at their places of residence, and deposited in the post office w
dence 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;
Personal service of copies of the notice at least ten (10) days before the day o

If the testator asks for the allowance of his own will, notice shall be s

. 5. Proof at hearing. What sufficient in absence of contest.At the hearing compliance with the provisions of the last two preced
estimony shall be taken under oath and reduced to writing. If no person appears to contest the allowance of the will, the court m
witness testify that the will was executed as is req

he case of a holographic will, it shall be necessary that at least one witness who knows the handwriting and signature of the tes
the absence of any such competent witness, and if the court deem it necessar

. 6. Proof of lost or destroyed will. Certificate thereupon.No will shall be proved as a lost or destroyed will unless the execution
e of the death of the testator, or is shown to have been fraudulently or accidentally destroyed in the lifetime of the testator witho
redible witnesses. When a lost will is proved, the provisions thereof must be distinctly stated and certified by the judge, under th
recorded.

Sec. 7. Proof when witnesses do not reside in province. It appears at the time fixed for the hearing that none the subscribing w
where, 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 p
to it, and to the handwriting of the testator and others, as would be pertinent and

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 t
rt may admit the testimony of other witnesses to prove the sanity of the testator, and the due execution of the will; and as evide
subscribing witnesses, or of any of them

Sec. 9. Grounds for disallowing will. he will shall be disallowed

(a) If not executed and attested as required

(b) If the testator was insane, or otherwise mentally incapable to make

(c) If it was executed under duress, or the influence o

(d) If it was procured by undue and improper pressure and influence, on the part of the

(e) If the signature of the testator was procured by fraud or trick, and he did not intend that the instru

ec. 10. Contestant to file grounds of contest.Anyone appearing to contest the will must state in writing his grounds for opposin
estate.

11. Subscribing witnesses produced or accounted for where will contested.If the will is contested, all the subscribing witnesse
he Philippines and not insane, must be produced and examined, and the death, absence, or insanity of any of them must be satis
de the province where the will has been filed, their deposition must be taken. If any or all of them testify against the due execut
the will may, nevertheless, be allowed if the court is satisfied from the testimony of other witnesses and from all the evide

a holographic will is contested, the same shall be allowed if at least three (3) witnesses who know the handwriting of the testato
absence of any competent witness, and if the court deem it necessary, ex
12. Proof where testator petitions for allowance of holographic will. Where the testator himself petitions for the probate of his
ature are in his own handwriting, shall be sufficient evidence of the genuineness and due execution thereof. If the holographic w
the contestant. The testator may, in his turn, present such additional proof as may be n

. 13. Certificate of allowance attached to proved will. To be recorded in the Office of Register of Deeds. If the court is satisfied,
xecution was of sound and disposing mind, and not acting under duress, menace, and undue influence, or fraud, a certificate of i
and the will and certificate filed and recorded by the clerk. Attested copies of the will devising real estate and of certificate of all

RULE 77

ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND ADMINIS

tion 1. Will proved outside Philippines may be allowed here. Wills proved and allowed in a foreign country, according to the law
the Philippines.

c. 2. Notice of hearing for allowance. When a copy of such will and of the order or decree of the allowance thereof, both duly au
person interested, in the court having jurisdiction, such court shall fix a time and place for the hearing, and cause n

c. 3. When will allowed, and effect thereof. If it appears at the hearing that the will should be allowed in the Philippines, the co
seal of the court, to which shall be attached a copy of the will, shall be filed and recorded by the clerk, and the wil

. 4. Estate, how administered. When a will is thus allowed, the court shall grant letters testamentary, or letters of administratio
estate of the testator in the Philippines. Such estate, after the payment of just debts and expenses of administration, shall be dis
shall be disposed of as is provided by law in cases of estates in the Philippines belonging to p

Rule 78

LETTERS TESTAMENTARY AND OP ADMINISTRATION, WHEN

Section 1. Who are incompetent to serve as executors or administrators. No person is co

(a) Is a minor;

(b) Is not a resident of the Philippines; a

(c) Is in the opinion of the court unfit to execute the duties of the trust by reason of drunkenness, improvidence, or want of und

Sec. 2. Executor of executor not to administer estate. The executor of an executor shall n

Sec. 3. Married- women may serve. A married woman may serve as executrix or administratrix, and the marriage of a si

4. Letters testamentary issued when will allowed.When a will has been proved and allowed, the court shall issue letters testam
and gives bond as required by these rul

5. Where some coexecutors disqualified others may act.When all of the executors named in a will can not act because of incom
letters testamentary may issue to such of them as are competent, accept and give bond, and they may

6. When and to whom letters of administration ranted. If no executor is named in the will, or the executor or executors are inc
granted:

) 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
willing to serve;

If such surviving husband or wife, as the case may be, or next of kin, or the person selected by them, be incompetent or unwillin
person to apply for administration or to request that administration be granted to some other person, it may be gran
 (c) If there is no such creditor competent and willing to serve, it may be granted t

Rule 79

OPPOSING ISSUANCE OP LETTERS TESTAMENTAR

AND CONTEST FOR LETTERS OF ADMINISTR

on 1. Opposition to issuance of letters testamentary. Simultaneous petition for administration.Any person interested in a will m
therein as executors, or any of them, and the court, after hearing upon notice, shall pass upon the sufficiency of such grounds. A

Sec. 2. Contents of petition for letters of administration.A petition for letters of administration must be filed b

(a) The jurisdictional facts;

(b) The names, ages, and residences of the heirs, and the names and reside

(c) The probable value and character of the propert

(d) The name of the person for whom letters of adminis

But no defect in the petition shall render void the issuance of

3. Court to set time for hearing. Notice thereof.When a petition for letters of administration is filed in the court having jurisdic
to be given to the known heirs and creditors of the decedent, and to any other persons believed to have an int

c. 4. Opposition to petition for administration. Any interested person may, by filing a written opposition, contest the petition on
ground of the contestant's own right to the administration, and may pray that letters issue to himself,

c. 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 h
their respective allegations, and if satisfied that the decedent left no will, or that there is no competent and willing-executor,

c. 6. When letters of administration granted to any applicant. Letters of administration may be granted to qualified applicant, th
such persons fail to appear when notified and claim the issuanc

Rule 80

SPECIAL ADMINISTRATOR

tion 1. Appointment of special administrator. When there is delay in granting letters testamentary or of administration by any c
special administrator to take possession and charge of the estate of the deceased until the questions caus

ec. 2. Powers and duties of special administrator. Such special administrator shall take possession and charge of the goods, ch
dministrator afterwards appointed, and for that purpose may commence and maintain suits as administrator. He may sell only su
liable to pay any debts of the deceased unless so orde

c. 3. When powers of special administrator cease. Transfer of effects. Pending suits. When letters testamentary or of administr
se, and he shall forthwith deliver to the executor or administrator the goods, chattels, money, and estate of the deceased in his h
special administrator.

Rule 81

BONDS OF EXECUTORS AND ADMINISTRA

ion 1. Bond to be given before issuance of letters. Amount. Conditions. Before an executor or administrator enters upon the ex
such sum as the court directs, conditioned as

o make and return to the court, within three (3) months, a true and complete inventory of all goods, chattels, rights, credits, and
any other person for him;

) To administer according to these rules and if an executor, according to the will of the testator, all goods, chattels, rights, credit
person for him, and from the proceeds to pay and discharge all debts, legacies, and charges on the sa

(c) To render a true and just account of his administration to the court within one (1) yea

(d) To perform all orders of the court by him to be

2. Bond of executor where directed in wilt. When further bond required.If the testator in his will directs that the executor serv
uch sum and with such surety as the court approves conditioned only to pay the debts of the testator; but the court may require o
cause, with the conditions named in the last prece

Sec. 3. Bonds of joint executors and administrators. When two or more persons are appointed executors or admini

4. Bond of special administrator. A special administrator before entering upon the duties of his trust shall give a bond, in such
chattels, rights, credits, and estate of the deceased which come to his possession or knowledge, and hat he will truly account for
appointed executor or administrator, or to such other person as may

Rule 82

REVOCATION OF ADMINISTRATION, DEATH, RESIGNATION, AND

AND ADMINISTRATORS

ion 1. Administration revoked if will discovered. Proceedings thereupon. If after letters of administration have been granted on
etters of administration shall be revoked and all powers thereunder cease, and the administrator shall forthwith surrender the le
the issuance of letters testamentary or of administration under the will

c. 2. Court may remove or accept resignation of executor or administrator. Proceedings upon death, resignation, or removal. If
, or to perform an order or judgment of the court, or a duty expressly provided by these rules, or absconds, or becomes insane, o
retion, may permit him to resign. When an executor or administrator dies, resigns, or is removed the remaining executor or adm
him. If there is no remaining executor or administrator, administration ma

3. Acts before revocation, resignation, or removal to be valid. The lawful acts of an executor or administrator before the revoc
have the like validity as if there had been no such revocation,

4. Powers of new executor or administrator. Renewal of license to sell real estate. The person to whom letters testamentary o
emoval of a former executor or administrator, shall have the like powers to collect and settle the estate not administered that th
inst the former executor or administrator, and have execution on judgments recovered in the name of such former executor or a
sale or mortgage of real estate may be renewed in favor of such person

Rule 83

INVENTORY AND APPRAISAL. PROVISION FOR SUPP

ction 1. Inventory and appraisal to be returned within three months. Within three (3) months after his appointment every exec
personal estate of the deceased which has come into his possession or knowledge. In the appraisement of such estate, the cou

2. Certain articles not to be inventoried. The wearing apparel of the surviving husband or wife and minor children, the marriage
 subsistence of the family of the deceased, under the direction of the court, shall not be considered as assets

c. 3. Allowance to widow and family. The widow and minor or incapacitated children of a deceased person, owing the settlemen
provided by law.

Rule 84

GENERAL POWERS AND DUTIES OF EXECUTORS AND A

tion 1. Executor or administrator to have access to partnership books and property. How right enforced. The executor or admi
take copies of, books and papers relating to the partnership business, and may examine and make invoices of the property belon
such books, papers, and property in their hands or control. On the written application of such executor or administrator, the cou
permit the exercise of the rights, and to exhibit the books, papers, and property, as in this section pro

c. 2. Executor or administrator to keep buildings in repair. An executor or administrator shall maintain in tenantable repair the
repair to the heirs or devisees when directed so to d

. 3. Executor or administrator to retain whole estate to pay debts, and to administer estate not willed. An executor or administ
estate of the deceased so long as it is necessary for the payment of the deb

Rule 85

ACCOUNTABILITY AND COMPENSATION OF EXECUTORS AN

ction 1. Executor or administrator chargeable with all estate and income.Except as otherwise expressly provided in the followin
te of the deceased which has come into his possession, at the value of the appraisement contained in the inventory; with all the
sold by him, at the price at which it was s

2. Not to profit by increase or lose by decrease in value. No executor or administrator shall profit by the increase, or suffer los
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
the estate for less than its nominal value, he is entitled to charge in his account only

Sec. 3. When not accountable for debts due estate. No executor or administrator shall be accountable fo

4. Accountable for income from realty used by him. If the executor or administrator uses or occupies any part of the real estat
or adjusted by the court with their assent; and if the parties o not agree upon the sum to be allowed, the same may

c. 5. Accountable if he neglects or delays to raise or money. When an executor or administrator neglects unreasonably delays t
lects to pay over the money he has in his hands, and the value of the estate is thereby lessened or unnecessary cost or interest a
sustained may be charged and allowed against him in his account, and he

6. When allowed money paid as costs.The amount paid by an executor or administrator for costs awarded against him shall be
the coats are taxed was prosecuted or resisted without just ca

. 7. What expenses and fees allowed executor of administrator. Not to charge for services as attorney. Compensation provided b
enses in the care, management, and settlement of the estate, and for his services, four pesos per day for the time actually and ne
session and is finally disposed of by him in the payment of debts, expenses, legacies, or distributive shares, or by delivery to heir
so much of such value as exceeds five thousand pesos and does not exceed thirty thousand pesos, one-half per centum of so mu
s, and one-quarter per centum of so much of such value as exceeds one hundred thousand pesos. But in any special case, where
a high degree of capacity on the part of the executor or administrator, a greater sum may be allowed. If objection

If there are two or more executors or administrators, the compensation shall be apportioned among them by t

When the executor or administrator is an attorney, he hall not charge against the estate an
en the deceased by will makes some other provision for the compensation of his executor, that provision shall be a full satisfactio
compensation provided by the will.

. 8. When executor or administrator to render account. Every executor or administrator shall render an account of his administ
ess the court otherwise directs because of extensions of time for presenting claims against, or paying the debts of, the estate, or
until the estate is wholly settled.

c. 9. Examinations on oath with respect to account. The court may examine the executor or administrator upon oath with respe
rectness of his account before the same is allowed, except when no objection is made to the allowance of the account and its cor
creditors of the estate shall have the same privilege as the executor or administrator of being examin

10. Account to be settled on notice. Before the account of an executor or administrator is allowed, notice shall be given to pers
given personally to such persons interested or by advertisement in a newspaper

.11. Surety on bond may be party to accounting. Upon the settlement of the account of an executor or administrator, a person
accounting.

Rule 86

CLAIMS AGAINST ESTATE

ion 1. Notice to creditors to be issued by court. Immediately after granting letters testamentary or of administration, the court
in the office of the clerk of said court

. 2. Time within which claims shall be filed. In the notice provided in the preceding section, the court shall state the time for th
months after the date of the first publication of the notice. However, at any time before an order of distribution is entered, on app
may, for cause shown and on such terms as are equitable, allow such claim to be fil

Sec. 3. Publication of notice to creditors. Every executor or administrator shall, immediately after the notice to creditors is issu
circulation in the province, and to be posted for the same period in four public places in the province and in

4. Filing copy of printed notice. Within ten (10) days after the notice has been published and posted in accordance with the pre
copy of the notice accompanied with an affidavit setting forth the dates of the first and last publication th

5 Claims which must be filed under the notice. If not filed, barred; exceptions. All claims for money against the decedent, arisin
funeral expenses and expenses for the last sickness of the decedent, and judgment for money against the decedent, must be file
be set forth as counterclaims in any action that the executor or administrator may bring against the claimants. Where an executo
eased in his lifetime, the debtor may set forth by answer the claims he has against the decedent, instead of presenting them inde
ch action; and if final judgment is rendered in favor of the defendant, the amount so determined shall be considered the true bal
administration proceedings. Claims not yet due, or contingent, may be

6. Solidary obligation of decedent. Where the obligation of the decedent is solidary with another debtor, the claim shall be filed
to recover contribution from the other debtor. In a joint obligation of the decedent, the cla

7. Mortgage debt due from estate. A creditor holding a claim against the deceased secured by mortgage or other collateral sec
e in the general distribution of the assets of the estate; or he may foreclose his mortgage or realize upon his security, by action i
eficiency, after the sale of the mortgaged premises, or the property pledged, in the foreclosure or other proceeding to realize upo
ction; or he may rely upon his mortgage or other security alone, and foreclose the same at any time within the period of the statu
are in the distribution of the other assets of the estate; but nothing herein contained shall prohibit the executor or administrator
security, under the direction of the court, if the court shall adjudge it to be for the best inte

8. Claim of executor or administrator against an estate. If the executor or administrator has a claim against the estate he repr
ministrator, who shall, in the adjustment of such claim, have the same power and be subject to the same liability as the general a
administrator to pay to the special administrator necessary fu

c. 9. How to file a claim. Contents thereof. Notice to executor or administrator.A claim may be filed by delivering the same with
inistrator. If the claim be founded on a bond, bill, note, or any other instrument, the original need not be filed, but a copy thereo
e executor or administrator, or by order of the court or judge, the original shall be exhibited, unless it be lost or destroyed, in wh
particular description of the instrument and stating its l

n the claim is due, it must be supported by affidavit stating the amount justly due, that no payments have been made thereon w
claim is not due, or is contingent, when filed, it must also be supported by affidavit stating the particulars thereof. When the affid
t made by the claimant. The claim once filed shall be attached to the record of the case in which the letters testamentary or of ad
may order all the claims to be collected in a sepa

10. Answer of executor or administrator. Offsets.Within fifteen (15) days after service of a copy of the claim on the executor o
th the substance of the matters which are relied upon to support the admission or denial. If he has no knowledge sufficient to en
ministrator in his answer shall allege in offset any claim which the decedent before death had against the claimant, and his failu
administrator on the claimant. The court in its discretion may extend

ec. 11. Disposition of admitted claim. Any claim admitted entirely by the executor or administrator shall immediately be submit
etion, before approving the claim, may order that known heirs, legatees, or devisees be notified and heard. If upon hearing, an h
days to file an answer to the claim in the manner prescribed i

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 o
commissioner.

. 13. Judgment appealable. The judgment of the court approving or disapproving a claim, shall be filed with the record of the a
dgment against the executor or administrator shall be that he pay, in due course of administration, the amount ascertained to be
creditor any priority of payment.

. 14. Costs.When the executor or administrator, in his answer, admits and offers to pay part of a claim, and the claimant refuse
dgment, he cannot recover costs, but must pay to the executor or administrator costs from the time of the offer. Where an action
therein presented as in this rule provided, the prevailing party shall be allowed the cost

Rule 87

ACTIONS BY AND AGAINST EXECUTORS AND ADMI

Section 1. Actions which may and which may not be brought against executor or administrator. No action upon a claim for the
dministrator; but actions to recover real or personal property, or an interest therein, from the estate, or to enforce a lien thereon
commenced against him.

Sec. 2. Executor or administrator may bring or defend actions which survive. For the recovery or protection of the property or
deceased, actions for causes which surv

c 3. Heir may not sue until share assigned. When an executor or administrator is appointed and assumes the trust, no action to
against him by an heir or devisee until there is an order of the court assigning such lands to such heir

. 4. Executor or administrator may compound with debtor. With the approval of the court, an executor or administrator may co
on receiving a just dividend of the estate of th

Sec. 5. Mortgage due estate may be foreclosed.A mortgage belonging to the estate of a deceased person, as mortgagee or a

ec. 6. Proceedings when property concealed, embezzled, or fraudulently conveyed. If an executor or adminstrator, heir, legatee
ing jurisdiction of the estate that a person is suspected of having concealed, embezzled, or conveyed away any of the money, go
deed, conveyance, bond, contract, or other writing which contains evidence of or tends to disclose the right, title, interest, or cla
rt may cite such suspected person to appear before it and may examine him on oath on the matter of such complaint; and if the
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
filed in the clerk's office.

7. Person entrusted with estate compelled to render account. The court, on complaint of an executor or administrator, may cite
appear before it, and may require such person to render a full account, on oath, of the money, goods, chattels, bonds, accounts, o
 administrator, and of his proceedings thereon; and if the person so cited refuses to appear to render such account, the c

8. Embezzlement before letters issued.If a person, before the granting of letters testamentary or of administration on the esta
deceased, such person shall be liable to an action in favor of the executor or administrator of the estate for double the value of

c. 9. Property fraudulently conveyed by deceased may be recovered. When executor or administrator must bring action. When
bts and expenses of administration, and the deceased in his lifetime had conveyed real or personal property, or a right or interes
; or had so conveyed such property, right, interest, debt, or credit that by law the conveyance would be void as against his credit
is lifetime, the executor or administrator may commence and prosecute to final judgment an action for the recovery of such prop
mence the action unless on application of the creditors of the deceased, nor unless the creditors making the application pay such
court deems equitable.

c. 10. When creditor may bring action. Lien for costs. When there is such a deficiency of assets, and the deceased in his lifetime
executor or administrator has not commenced the action therein provided for, any creditor of the estate may, with the permissi
nistrator, a like action for the recovery of the subject of the conveyance or attempted conveyance for the benefit of the creditors
executor or administrator, in an amount approved by the judge, conditioned to indemnify the executor or administrator against
y judgment recovered by him in the action for such costs and other expenses incurred therein as the court deems equitable. Whe
favor of the executor or administrator, the action which a creditor may bring of the shall be in the name of all the creditors

Rule 88

PAYMENT OF THE DEBTS OF THE ESTAT

on 1. Debts paid in full if estate Sufficient.If after hearing all the money claims against the estate, and after ascertaining the am
administrator shall pay the same within the time limite

2. Part of estate from which debt paid when provision made by will. If the testator makes provision by his will, or designates th
ily expenses, they shall be paid according to the provisions of the will; but if the provision made by the will or the estate appropr
as is not disposed of by will, if any, shall be appropriate

3. Personalty first chargeable for debts, then realty. The personal estate of the deceased not disposed of by will shall be first c
for that purpose, or its sale would redound to the detriment of the participants of the estate, the whole of the real estate not dis
encumbered for that purpose by the executor or administrator, after obtaining the authority of the court therefor. Any deficien

. 4. Estate to be retained to meet contingent claims. If the court is satisfied that a contingent claim duly filed is valid, it may or
claim when the same becomes absolute, or, if the estate is insolvent, sufficient to pay a

ec. 5. How contingent claim becoming absolute in two years allowed and paid. Action against distributees later. If such continge
in two (2) years from the time limited for other creditors to present their claims, it may be allowed by the court if not disputed b
ourt as the facts may warrant. If the contingent claim is allowed, the creditor shall receive payment to the same extent as the ot
t so presented, after having become absolute, within said two (2) years, and allowed, the assets retained in the hands of the exe
e court to the persons entitled to the same; but the assets so distributed may still be applied to the payment of the claim when e
and such distributees and their estates shall be liable for the debt in proportion to the estate they

. 6. Court to fix contributive shares where devisees, legatees, or heirs have been in possession. Where devisees, legatees, or h
n settled and paid, and have become liable to contribute for the payment of such debts and expenses, the court having jurisdictio
liabilities, and order how much and in what manner each person shall contribute, and

7. Order of payment if estate insolvent. If the assets which can be appropriated for the payment of debts are not sufficient for
provisions of Articles 1059 and 2239 to 2251 of th

8. Dividends to be paid in proportion to claims. If there are no assets sufficient to pay the credits of any class of creditors afte
dividend in proportion to his claim. No creditor of any one class shall receive any pay

9. Estate of insolvent nonresident, how disposed of. In case administration is taken in the Philippines of the estate of a person
estate found in the Philippines shall, as far as practicable, be so disposed of that his creditors here and elsewher
c. 10. When and how claim proved outside the Philippines against insolvent resident's estate paid.If it appears to the court hav
lvent who was at the time of his death an inhabitant of the Philippines, and that the executor or administrator in the Philippines
ir allowance, the court shall receive a certified list of such claims, when perfected in such country, and add the same to the list o
hole estate may be made equally among all its creditors according to their respective claims; but the benefit of this and the prece
deceased person there found is not equally apportioned to the creditors residing in the Philippines

. 11. Order for payment of debts. Before the expiration of the time limited for the payment of the debts, the court shall order th
for that purpose among the creditors, as the circumstances of the estate require and

C 12. Orders relating to payment of debts where appeal is taken. If an appeal has been taken from a decision of the court conce
ibution among the creditors whose claims are definitely allowed, leaving in the hands of the executor or administrator sufficient
having jurisdiction of the estate shall order the same to be paid out of the assets retained to the same e

13. When subsequent distribution of assets ordered.If the whole of the debts are not paid on the first distribution, and if the w
administrator, the court may from time to time make further orders

ec. 14. Creditors to he paid in accordance with terms of order. When an order is made for the distribution of assets among the c
creditors the amounts of their claims, or the dividend thereon, in accord

15. Time for paying debts and legacies fixed, or extended after notice, within what periods. On granting letters testamentary o
ate and paying the debts and legacies of the deceased, which shall not, in the first instance; exceed one (1) year; but the court m
d place therefor given to all sons interested as it shall direct, extend the time as the circumstances of the estate require not exce
executor or administrator shall exceed two (2

c. 16. Successor of dead executor or administrator may have time extended on notice within certain period. When an executor
nd the time allowed for the payment of the debts or legacies beyond the time allowed to the original executor or administrator, n
the court might have allowed to such original executor or administrator; and notice shall be given of the time and

Rule 89

SALES, MORTGAGES, AND OTHER ENCUMBRANCES OF PRO

tion 1. Order of sale of personalty. Upon the application of the executor or administrator, and on written notice to the heirs and
sold, if it appeal's necessary for the purpose of paying debts, expenses of administration

Sec. 2. When court may authorize sale, mortgage, or other encumbrance of realty to pay debts and legacies through personalty n
enses of administration, and legacies, or where the sale of such personal estate may injure the business or other interests of tho
payment of such debts, expenses, and legacies, the court, on the application of the executor or administrator and on written not
ministrator to sell, mortgage, or otherwise encumber so much as may be necessary of the real estate, in lieu c personal estate, fo
rtgage, or encumbrance would be beneficial to the persons interested; and if a part cannot be sold, mortgaged, or otherwise enc
mortgage, or other encumbrance of the whole of such real estate, or so much thereof as

3. Persons interested may prevent such sale, etc., by giving bond. No such authority to sell, mortgage, or otherwise encumber
um to be fixed by the court, conditioned to pay the debts, expenses of administration, and legacies within such time as the court
administrator, and may be prosecuted for the ben

4. When court may authorize sale of estate as beneficial to interested persons. Disposal of proceeds. When it appears that the
tees, and other interested persons, the court may, upon application of the executor or administrator and on written notice to the
dministrator to sell the whole or a part of said estate, although not necessary to pay debts, legacies, or expenses of administratio
such sale, the proceeds shall be assigned to the persons entitled to the

c. 5. When court may authorize sale, mortgage, or other encumbrance of estate to pay debts and legacies in other countries. W
essary to pay the debts, expenses of administration, or legacies in the Philippines, but it appears from records and proceedings o
cient to pay the debts, expenses of administration, and legacies there, the court here may authorize the executor or administrat
payment of debts or legacies in the other country, in the same manner as for the p

6. When court may authorize sale, mortgage, or other encumbrance of realty acquired on execution or foreclosure.The court m
 acquired by him on execution or foreclosure sale, under the same circumstances and under the same regulations as pres

7. Regulations for granting authority to sell, mortgage, or otherwise encumber estate. The court having jurisdiction of the esta
mortgage, or otherwise encumber real estate, in cases provided by these rules and when it appe

) The executor or administrator shall file a written petition setting forth the debts due from the deceased, the expenses of admin
mortgaged, or otherwise encumbered, and such other facts as show that the sale, mortga

The court shall thereupon fix a time and place for hearing such petition, and cause notice stating the nature of the petition, the
persons interested, and may cause such further notice to be given, by publicat

f the court requires it, the executor or administrator shall give an additional bond, in such sum as the court directs, conditioned
encumbrance;

If the requirements in the preceding subdivisions of this section have been complied with, the court, by order stating such compl
roper eases, such part of the estate as is deemed necessary, and in case of sale the court may authorize it to be public or private
furnished with a certified copy of such or

(e) If the estate is to be sold at auction, the mode of giving notice of the time and place of the sale shall

f) There shall be recorded in the registry of deeds of the province in which the real estate thus sold, mortgaged, or otherwise en
executor or administrator for such real estate, which shall be as valid as if the deed ha

c. 8. When court may authorize conveyance of realty which deceased contracted to convey. Notice. Effect of deed. Where the de
rein, the court having jurisdiction of the estate may, on application for that purpose, authorize the executor or administrator to c
he parties and approved by the court; and if the contract is to convey real property to the executor or administrator, the clerk of
urt shall be as effectual to convey the property as if executed by the deceased in his lifetime; no such conveyance shall be author
ons interested, and such further notice has been given, by publication or otherwise, as the court deems proper; nor if the assets
from receiving his full debt or diminish his d

ec. 9. When court may authorize conveyance of lands which deceased held in trust Where the deceased in his lifetime held real
receding section, authorize the executor or administrator to deed such property to the person, or his executor or administrator, f
whether created by deed or by law.

Rule 90

DISTRIBUTION AND PARTITION OF THE ES

ion 1. When order for distribution of residue made. When the debts, funeral charges, and expenses of administration, the allow
been paid, the court, on the application of the executor or administrator, or of a person interested in the estate, and after hearin
m and the proportions, or parts, to which each is entitled, and such persons may demand and recover their respective shares from
a controversy before the court as to who are the lawful heirs of the deceased person or as to the distributive shares to which ea
cases.

istribution shall be allowed until the payment of the obligations above mentioned has been made or aided for, unless the distribu
of said obligations within such time as the cou

2. Questions as to advancement to be determined. Questions as to advancement made, or alleged to have been made, by the d
proceedings; and the final order of the court thereon shall be binding on the pe

3. By whom expenses of partition paid. If at the time of the distribution the executor or administrator has retained sufficient e
tributed, such expenses of partition may be paid by such executor or administrator when it appears equitable to the court and no
portion to their respective shares or interest in the premises, and the apportionment shall be settled and allowed by the court, a
issue an execution in the name of the executor or administrator against the

4. Recording the order of partition of estate. Certified copies of final orders and judgments of the court relating to the real es
 property is situated.

Rule 91

ESCHEATS

on 1. When and by whom, petition filed. When a person dies intestate, seized of real or personal property in the Philippines, le
half of the Republic of the Philippines, may file a petition in the Court of First Instance of the province where the deceased last re
praying that the estate of the deceased be declare

. 2. Order for hearing. If the petition is sufficient in form and substance, the court, by an order reciting the purpose of the petit
ths 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
the court shall deem best.

ec. 3. Hearing and judgment. Upon satisfactory proof in open court on the date fixed in the order that such order has been publ
Philippines, leaving no heir or person entitled to the same, and no sufficient cause being shown to the contrary, the court shall ad
rges, shall escheat; and shall, pursuant to law, assign the personal estate to the municipality or city where he last resided in the
uated. If the deceased never resided in the Philippines, the whole estate may be assigned to the respective municipalities or citi
charitable institutions and centers in said municipa

The court, at the instance of an interested party, or on its own motion, may order the establishment of a per

c. 4. When and by whom claim to estate filed. If a devisee, legatee, heir, widow, widower, or other person entitled to such esta
gment, such person shall have possession of and title to the same, or if sold, the municipality or city shall be accountable to him
made within said time shall be forever ba

5. Other actions for escheat.Until otherwise provided by law, actions for reversion or escheat of properties alienated in violatio
be instituted in the province where the land lies in w

GENERAL GUARDIANS AND GUARDIANSH

Rule 92

VENUE

on 1. Where to institute proceedings. Guardianship of the person or estate of a minor or incompetent may be instituted in the C
n the municipal court of the chartered city where the minor or incompetent person resides, and f he resides in a foreign country,
rovided, however, that where the value of the property of such minor or incompetent exceeds the jurisdiction of the justice of th

In the City of Manila the proceedings shall be instituted in the Juveni

c. 2. Meaning of word "incompetent." Under this rule, the word "incompetent" includes persons suffering the penalty of civil int
te, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason
themselves and manage their property, becoming thereby an easy p

c. 3. Transfer of venue. The court taking cognizance of a guardianship proceeding, may transfer the same to the court of anoth
thereto his bona-fide residence, and the latter court shall have full jurisdiction to continue the pro

Rule 93

APPOINTMENT OF GUARDIANS

ction 1. Who may petition for appointment of guardian for resident. Any relative, friend, or other person on behalf of a residen
s of age or over, may petition the court having jurisdiction for the appointment of a general guardian for the person or estate, or
in the Philippines may also file a petition in favor of a ward thereof, and the Director of Health, in favor of an i
 Sec. 2. Contents of petition. A petition for the appointment of a general guardian

(a) The jurisdictional facts;

(b) The minority or incompetency rendering the appointment

(c) The names, ages, and residences of the relatives of the minor or incompetent,

(d) The probable value and character of his

(e) The name of the person for whom letters of guardia

The petition shall be verified; but no defect in the petition or verification shall rend

c. 3. Court to set time for hearing. Notice thereof. When a petition for the appointment of a general guardian is filed, the court s
given to the persons mentioned in the petition residing in the province, including the minor if above 14 years of age or the i

ec. 4. Opposition to petition. Any interested person may, by filing a written opposition, contest the petition on the ground of ma
person for whom letters are prayed, and may pray that the petition be dismissed, or that letters of guardians

5. Hearing and order for letters to issue. At the hearing of the petition the alleged incompetent must be present if able to atten
the evidence of the parties in support of their respective allegations, and, if the person in question is a minor, or incompetent it s
hereinafter specified.

Sec. 6. When and how guardian for nonresident appointed. Notice. When a person liable to be put under guardianship resides w
erested in his estate, in expectancy or otherwise, may petition a court having jurisdiction for the appointment of a guardian for th
publication or otherwise, and hearing, the court is satisfied that such nonresident is a minor or incompetent renderin

7. Parents as guardians. When the property of the child under parental authority is worth two thousand pesos or less, the fath
he property of the child is worth more than two thousand pesos, the father or the mother shall be considered guardian of the chil
petition required by section 2 hereof. For good reasons the court may, how

c. 8. Service of judgment. Final orders or judgments under this rule shall be served upon the civil registrar of the municipality o
situated.

Rule 94

BONDS OF GUARDIANS

ection 1. Bond to be given before issuance of letters. Amount. Conditions. Before a guardian appointed enters upon the executi
directs, conditioned as follows:

To make and return to the court, within three (3) months, a true and complete inventory of all the estate, real and personal, of h
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 inter

o 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
r 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
person lawfully entitled thereto;

(d) To perform all orders of the court by him to be

2. When new bond may be required and old sureties discharged. Whenever it is deemed necessary, the court may require a new
liability, after due notice to interested persons, when no injury can result the
c. 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,
separate action for the use and benefit of the ward or of any other pers

Rule 95

SELLING AND ENCUMBERING PROPERTY OF

ction 1. Petition of guardian for leave to sell or encumber estate. When the income of an estate under guardianship is insufficie
n 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 enc
n the improvement or security of other real estate of the ward, the guardian may present a verified petition to the court by which
or encumbrance.

c. 2. Order to show cause thereupon. If it seems probable that such sale or encumbrance is necessary, or would be beneficial to
interested in the estate, to appear at a reasonable time and place therein specified to show ca

3. Hearing on return of order. Costs. At the time and place designated in the order to show cause, the court shall hear the proo
their witnesses, and grant or refuse the prayer of the petition as the best interests of the ward require. The

4. Contents of order for sale or encumbrance, and how long effective. Bon. If, after full examination, it appears that it is necess
rt shall order such sale or encumbrance and that the proceeds thereof be expended for the maintenance of the ward and his fami
nvestment of the same as the circumstances may require. The order shall specify the causes why the sale or encumbrance is nece
te sale, subject to such conditions as to the time and manner of payment, and security where a part of the payment is deferred,
uardian shall stand as security for the proper appropriation of the proceeds of the sale, but the judge may, if deemed expedient, r
granted in pursuance of this section shall continue in force more than one 1 year aft

c. 5. Court may order investment of proceeds and direct management of estate. The court may authorize and require the guard
ands, in real estate or otherwise, as shall be for the best interest of all concerned, and may make such other orders for the mana

Rule 96

GENERAL POWERS AND DUTIES OF GUARD

tion 1. To what guardianship shall extend. A guardian appointed shall have the care and custody of the person of his ward, and
guardian of the estate of a nonresident shall have the management of all the estate of the ward within the Philippines, and no c
guardianship.

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 h
or encumbrance thereof.

ec. 3. Guardian to settle accounts, collect debts, and appear in actions for ward. A guardian must settle all accounts of his ward
pound for the same and give discharges to the debtor, on receiving a fair and just dividend of the estate and effects; and he shall
be appointed for that purpose.

Sec. 4. Estate to be managed frugally, and proceeds applied to maintenance of ward. A guardian must manage the estate of his
necessary, to the comfortable and suitable maintenance ward and his family, if there be any; and if such income and profits be i
authorized by order so to do, and apply so much of the proceeds as may

c. 5. Guardian may be authorized to join in partition proceedings after hearing. The court may authorize the guardian to join in
others, but such authority shall only be granted after hearing, upon such notice to relatives of the ward as the court may dire

6. Proceedings when person suspected of embezzling or concealing property of ward. Upon complaint of the guardian or ward,
otherwise, that anyone is suspected of having embezzled, concealed, or conveyed away any money, goods, or interest, or a writt
appear for examination touching such money, goods, interest, or instrument, and make such orders as will se

c. 7. Inventories and accounts of guardians, and appraisement of estates. A guardian must render to the court an inventory of
pointment an inventory and account, the rendition of any of which may be compelled upon the application of an interested perso
cribed in the first inventory shall be appraised. In the appraisement the court may request the assistance of one or more of the i
ady rendered is discovered, or succeeded to, or acquired by the ward, like proceedings shall be hart for securing an inventory and

c. 8. When guardian's accounts presented for settlement. Expenses and compensation allowed. Upon the expiration of a year f
ent his account to the court for settlement and allowance. In the settlement of the account, the guardian, other than a parent, sh
also such compensation for his services as the court deems just, not exceeding fifte

RULE 97

TERMINATION OF GUARDIANSHIP

tion 1. Petition that competency of ward be adjudged, and proceedings thereupon. A person who has been declared incompete
petency judicially determined. The petition shall be verified by oath, and shall state that such person is then competent. Upon rec
sonable notice thereof to be given to the guardian of the person so declared incompetent, and to the ward. On the trial, the guar
e 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
guardianship shall cease.

2. When guardian removed or allowed to resign. New appointment. When a guardian becomes insane or otherwise incapable o
rty (30) days after it is due to render an account or make a return, the court may, upon reasonable notice to the guardian, remo
entitled thereto. A guardian may resign when it appears proper to allow the same; and upon his res

3. Other termination of guardianship. The marriage or voluntary emancipation of a minor ward terminates the guardianship of
ge, but he cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian.
guardian of any person may be discharged by the court when it appears, upon the application of the w

Sec. 4. Record to be kept by the justice of the peace or municipal judge. When a justice of the peace or municipal court takes co
proceedings shall be kept as in the court of firs

c. 5. Service of judgment. Final orders or judgments under this rule shall be served upon the civil registrar of the municipality o
situated.

Rule 98

TRUSTEES

on 1. Where trustee appointed.A trustee necessary to carry into effect the provisions of a will or written instrument shall be ap
Philippines, otherwise by the Court of Instance of the province in which the property, or s

2. Appointment and powers of trustee under will. Executor of former trustee need not administer trust. If a testator has omitte
o effect the provisions of the will, the proper Court of First Instance may, after notice to all persons interested, appoint a trustee
had been appointed by the testator. No person succeeding to a trust as executor or administrato

ec. 3. Appointment and powers of new trustee under written instrument.When a trustee under a written instrument declines, r
vision is made in such instrument for supplying the vacancy, the proper Court of First Instance may, after due notice to all perso
ch new trustee shall have and exercise the same powers, rights, and duties as if he had been originally appointed, and the trust
ose place he is substituted; and the court may order such conveyance to be made by the former trustee or his representatives, o
new trustee, either alone or jointly with the

4. Proceedings where trustee appointed abroad. When land in the Philippines is held in trust for persons resident here by a tru
the Court of First Instance of the province where the land is situated, and after due notice to all persons interested, be ordered to
such order, the court shall declare such trust vacant, and shall appoint a new trustee in whom the trust estate sh

Sec. 5. Trustee must file bond. Before entering on the duties of his trust, a trustee shall file with the clerk of the court having j
ernment of the Philippines and sufficient and available for the protection of any party in interest, and a trustee who neglects to f
ther order exempt a trustee under a will from giving a bond when the testator has directed or requested such exemption, and ma
request the exemption. Such exemption may be cancelled by the court at any time, a
 Sec. 6. Conditions included in bond. The following conditions shall be deemed to be 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 es
come to his possession or knowledge

) That he will manage and dispose of all such estate, and faithfully discharge his trust in relation thereto, according to law and th

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 cou
and will render such other accounts as the court

(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 h

when the trustee is appointed as a successor to a prior trustee, the court may dispense with the making and return of an invento
be altered accordingly.

Sec. 7. Appraisal. Compensation of trustee. When an inventory is required to be returned by a trustee, the estate and effects be
appraisers to assist in the appraisement. The compensation of the trustee shall be fixed by the cou

ec. 8. Removal or resignation of trustee.The proper Court of First Instance may, upon petition of the parties beneficially interes
ential in the interests of the petitioners. The court may also, after due notice to all persons interested, remove a trustee who is in
whether appointed by the court or under a written instrument, may resign his trust if it ap

9. Proceedings for sale or encumbrance of trust estate. When the sale or encumbrance of any real or personal estate held in tru
notice and hearing, order such sale or encumbrance to be made, and the reinvestment and application of the proceeds thereof i
sale or encumbrance, and record of proceedings, shall conform as nearly as may be to the provisions concerning th

Rule 99

ADOPTION AND CUSTODY OF MINORS

ion 1. Venue. A person desiring to adopt another or have the custody of a minor shall present his petition to the Court of First I
in which he resides.

In the City of Manila, the proceedings shall be instituted in the Juveni

Sec. 2. Contents of petition. The petition for adoption shall contain the same allegatio

(a) The jurisdictional facts;

(b) The qualifications of the adopter;

(c) That the adopter is not disqualified by

(d) The name, age, and residence of the person to be adopted and of his relatives or

(e) The probable value and character of the estate of the p

c. 3. Consent to adoption. There shall be filed with the petition a written consent to the adoption signed by the child, if fourteen
own living parents who is not insane or. hopelessly intemperate or has not abandoned such child, or if there are no such parents
han asylum, children's home, or benevolent society or person, by the proper officer or officers of such asylum, home, or society,
father to the adoption shall not be requir

If the person to be adopted is of age, only his or her consent and that of

4. Order for hearing. If the petition and consent filed are sufficient in form and substance, the court by an order reciting the p
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
 published in the province, as the court shall de

ec. 5. Hearing and judgment. Upon satisfactory proof in open court on the date fixed in the order that such order has been pub
ption and the petitioner or petitioners are able to bring up and educate the child properly, the court shall adjudge that thencefor
natural parents, except the mother when the child is adopted by her husband, and is, to all legal intents and purposes, the child
tioners. The adopted person or child shall thereupon become the legal heir of his parents by adoption and shall also remain the l
and relatives by nature, and not by adoption, shall be

6. Proceedings as to child whose parents are separated. Appeal. When husband and wife are divorced or living separately and a
eir marriage is brought before a Court of First Instance by petition or as an incident to any other proceeding, the court, upon hea
as will be for its best Merest, permitting the child to choose which parent it prefers to live with if it be over ten years of age, un
nkenness, incapacity, or poverty. If, upon such hearing, it appears that both parents are improper persons to have the care custo
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
isions of the Civil Code order either or both parents to support or help support said child, irrespective of who may be its custodia
care and custody to visit the child or have temporary custody thereof. Either parent may appeal from an order made in accordanc
its mother, unless the court finds there are compelling

7. Proceedings as to vagrant or abused child. When the parents of any minor child are dead, or by reason of long absence or le
isconduct, or neglect or refuse to support it, or treat it with excessive harshness or give it corrupting orders, counsels, or examp
rt of First Instance, upon petition filed by some reputable resident of the province setting forth the facts, may issue an order req
al 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 livi
or 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
adoption or otherwise, in a home found for by such asylum, childre

Sec. 8. Service of judgment. Final orders or judgments under this rule shall be served by the clerk upon the civil reg

Rule 100

RESCISSION AND REVOCATION OF ADOPT

tion 1. Who may file petition; grounds. A minor or other incapacitated person may, through a guardian or guardian ad litem, pe
the deprivation of parental authority.

The adopter may, likewise, petition the court for the rescission or revocation

(a) If the adopted person has attempted against the li

(b) When the adopted minor has abandoned the home of the adopte

(c) When by other acts the adopted person has repudia

. 2. Order to answer.The court in which the petition is filed shall issue an order requiring the adverse party to answer the petit
shall be served on the adverse party in such manner as t

3. Judgment. If upon trial, on the day set therefor, the court finds that the allegations of the petition are true, it shall render j
requires.

c. 4. Service of judgment.A certified copy of the judgment rendered in accordance with the next preceding section shall be serv
forthwith enter the action taken by the court in t

5. Time within which to file petition. A minor or other incapacitated person must file the petition for rescission or revocation o
of the adoption, within the five (5) years following the recovery

The adopter must also file the petition to set aside the adoption within five (5) years from the time the cause o

Rule 101
 PROCEEDINGS FOR HOSPITALIZATION OF INSAN

ion 1. Venue. Petition for commitment.A petition for the commitment of a person to a hospital or other place for the insane ma
und. The petition shall be filed by the Director of Health in all cases where, in his opinion, such commitment is for the public welfa
having charge of him is opposed to his being taken to a hospital o

. 2. Order for hearing. If the petition filed is sufficient in form and substance, the court, by an order reciting the purpose of the
erson 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
insane person, if possible, on the date of the

ec. 3. Hearing and judgment.Upon satisfactory proof, in open court on the date fixed in the order, that the commitment applied
nable for any reason to take proper custody and care of him, the court shall order his commitment to sue hospital or other place f
provisions for the custody of property or money belonging to the insane un

4. Discharge of insane. When, in the opinion of the Director of Health, the person ordered to be committed to a hospital or oth
he may file the proper petition with the Court of First Instance wh

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
arising under the provisions of this rul

Rule 102

HABEAS CORPUS

tion 1. To what habeas corpus extends. Except as otherwise expressly provided by law, the writ of habeas corpus shall extend
by which the rightful custody of any person is withheld from th

2. Who may grant the writ. The writ of habeas corpus may be granted by the Supreme Court, or any member thereof, on any da
aw, and if so granted it shall be enforceable anywhere in the Philippines, and may be made returnable before the court or any m
on the merits. It may also be granted by a Court of First Instance, or a judge thereof, on any day and at any tim

Sec. 3. Requisites of application therefor.Application the writ shall be by petition signed and verified either by the part

(a) That the person in whose behalf the application is made is impris

The officer or name of the person by whom he is so imprisoned or restrained; or, if both are unknown or uncertain, such officer
writ shall be deemed the person intende

(c) The place where he is so imprisoned or restrain

) A copy of the commitment or cause of detention of such person, if it can be procured without impairing the efficiency of the rem

4. When writ not allowed or discharge authorized. If it appears that the person alleged to be restrained of his liberty is in the c
a court of record, and that the court or judge had jurisdiction to issue the process, render the judgment, or make the order, the w
e discharged by reason of any informality or defect in the process, judgment, or order. Nor shall anything in this rule be held to a
of a person suffering imprisonment under lawfu

5. When the writ must be granted and issued. A court or judge authorized to grant the writ must, when a petition therefor is p
thereupon the clerk of the court shall issue the writ under the seal of the court; or in case of emergency, the judge may i

6. To whom writ directed, and what to require. In case of imprisonment or restraint by an officer, the writ shall be directed to
urt or judge designated in the writ at the time and place therein specified. In case of imprisonment or restraint by a person not a
of the person restrained of his liberty before the court or judge designated in the writ at the time and place therein specified, an
judge to show the cause of the imprisonment o

c. 7. How prisoner designated and writ served. The person to be produced should be designated in the writ by his name, if know
ved 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 b
which to make return of service. If that person cannot be found, or has not the prisoner in his custody, then the s

ec. 8. How writ executed and returned. The officer to whom the writ is directed shall convey the person so imprisoned or restra
ability, before some other judge of the same court, on the day specified in the writ, unless, from sickness r infirmity of the perso
Judge; and the officer shall make due return of the writ, together with the day and the cause of the capt

9. Defect of form. No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appears therefrom in whose cu
before whom he is to be brought.

. 10. Contents of return. When the person to be produced is imprisoned or restrained by an officer, the person who makes the
shall state, in writing to the court or judge before whom the writ is retu

(a) Whether he has or has not the party in his custody or po

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 l
held;

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 sick
the court or judge;

If he has had the party in his custody or power, or under restraint, and has transferred such custody or restraint to another, part

. 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 s
and signed by a sworn public officer in his offici

c. 12. Hearing on return. Adjournments.When the writ is returned before one judge, at a time when the court is in session, he
dge before whom the writ is returned or adjourned must immediately proceed to hear and examine the return, and such other ma
ourned, in which event the court or judge shall make such order for the safekeeping of the person imprisoned or restrained as the
alleged sickness or infirmity, the court or judge must be satisfied that it is so grave that such person cannot be produced without
shall disregard matters of form and technicalities in respect to any warrant or order of comm

ec. 13. When the return evidence, and when only a plea.If it appears that the prisoner is in custody under a warrant of commit
restraint; but if he is restrained of his liberty by any alleged private authority, the return shall be considered only as a plea o

Sec. 14. When person lawfully imprisoned recommitted, and when let to bail. If it appears that the prisoner was lawfully comm
shable by death, he shall not be released, discharged, or bailed. If he is lawfully imprisoned or restrained on a charge of having c
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
ged, conditioned for his appearance before the court where the offense is properly cognizable to abide its order or judgment; and
court. If such bond is not so filed, the prisoner shall be recom

c. 15. When prisoner discharged if no appeal. When the court or judge has examined into the cause of caption and restraint of
der his discharge from confinement, but such discharge shall not be effective until a copy of the order has been served on the of
desire to appeal, the prisoner shall be forthwith

16. Penalty for refusing to issue writ, or for disobeying the same. A clerk of a court who refuses to issue the writ after allowan
obey or make return of the same according to the command thereof, or makes false return thereof, or who, upon demand made b
the demand therefor, a true copy of the warrant or order of commitment, shall forfeit to the party aggrieved the sum of one tho
as for contempt.

ec. 17. Person discharged not to be again imprisoned. A person who is set at liberty upon a writ of habeas corpus shall not be a
diction of the cause or offense; and a person who knowingly, contrary to the provisions of this rule, recommits or imprisons, or c
et at liberty, or knowingly aids or assists therein, shall forfeit to the party aggrieved the sum of one thousand pesos, to be recove
commitment, and may also be punished by the court or judge gran

18. When prisoner may be removed from one custody to another. A person committed to prison, or custody of an officer, for an
al process, or the prisoner be delivered to inferior officer to carry to jail, or, by order of the proper court or judge, be removed fro
her necessity or public calamity and a person who, after such commitment, makes, signs, or countersigns any order for such rem
 to be recovered in a proper action.

19. Record of writ, fees and costs. The proceedings upon a writ of habeas corpus shall be recorded by the clerk of the court, a
osts as the case requires. The fees of officers and witnesses shall be included in the costs taxed, but no officer or person shall hav
eedings. When a person confined under color of proceedings in a criminal case is discharged, the costs shall be taxed against the
under color of proceedings in a civil case is discharged, the costs shall be taxed against him, or against the perso

Rule 103

CHANGE OF NAME

Section 1. Venue.A person desiring to change his me shall present the petition to the Court of First Instance of the province i

SEC. 2. Contents of petition. A petition for change of shall be signed and verified by the person desiring is

(a) That the petitioner has been a bona fide resident of the province where the petition is filed

(b) The cause for which the change of the petitioner's

(c) The name asked for.

c. 3. Order for hearing. If the petition filed is sufficient in form and substance, the court, by an order reciting the purpose of th
r be published before the hearing at least once a week for three (3) successive weeks in some newspaper of general circulation
within thirty (30) days prior to an election nor within four (4) months aft

Sec. 4. Hearing.Any interested person may appear at the hearing and oppose the petition. The Solicitor General or the pro

5. Judgment.Upon satisfactory proof in open court on the date fixed in the order that such order has been published as directed
appears for changing the name of the petitioner, adjudge that such name be change

C. 6. Service of judgment.Judgments or orders rendered in connection with this rule shall be furnished the civil registrar of the
same in the civil register.

Rule 104

VOLUNTARY DISSOLUTION OF CORPORAT

tion 1.Where, by whom and on what showing application made. A petition for dissolution of a corporation shall be filed in the C
ion shall be signed by a majority of its board of directors or other officers having the management of its affairs, verified by its pr
d that its dissolution was resolved upon by a majority of the members, or, if a stock corporation, by the affirmative vote of the sto
meeting of its members or stockholders called for

2. Order thereupon for filing objections. If the petition is sufficient in form and substance, the court, by an order reciting the p
son, 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 c
wspaper of general circulation published in the municipality or city where the principal office of the corporation is situated, or, if
and a similar copy shall be posted for four (4) weeks in three public p

3. Bearing, dissolution, and disposition of assets. Receiver. Upon five (5) days' notice given after the date on which the right to
ssue made by objections filed; and if no such objection is sufficient, and the material allegations of the petition are true, it shall r
requires, and may appoint a receiver to collect such assets and pay

Sec.4. What shall constitute record.The petition, orders proof of publication and posting, objections filed, declaratio

Rule 105

JUDICIAL APPROVAL OF VOLUNTARY RECOGNITION OF MINO

ection 1. Venue.Where judicial approval of a voluntary recognition of a minor natural child is required, such child or his parents
province in which the child resides. In the City of Manila, the petition shall be filed

Sec. 2. Contents of petition.The petition for judicial approval of a voluntary recognition of a m

(a) The jurisdictional facts;

(b) The names and residences of the parents who acknowledged the child, or of either of them, and their co

(c) The fact that the recognition made by the parent or parents took place in a statement before a court of record or in a

c. 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
ntry of the order, and shall, moreover, cause a copy of the order to be served personally or by mail upon the interested parties, a
general circulation in the province.

4. Opposition.Any interested party must, within fifteen (15) days from service, or from the last date of publication, of the orde
or reasons therefor.

ec. 5. Judgment. If, from the evidence presented during the hearing, the court is satisfied that the recognition of the minor natu
recognition is for the best interest of the child, it shall render judgment grant

Sec. 6. Service of judgment upon civil registrar. A copy of the judgment rendered in accordance with the preceding section sha

Rule 106

CONSTITUTION OF FAMILY HOME

on 1. Who may constitute. The head of a family owning a house and the land on which it is situated may constitute the same in
province or city where the property is located. In the City of Manila, the petition shall be

n there is danger that a person obliged to give support may lose his or her fortune because of grave mismanagement or on accou
him or by her may petition the Court of First Instance for the cr

Sec. 2. Contents of petition. The petition shall contain the

(a) Description of the property;

(b) An estimate of its actual value;

(c) A statement that the petitioner is actually residing

(d) The encumbrances thereon;

(e) The names and addresses of all the creditors of the petitioner or head of the family and of all m

(f) The names of all the beneficiaries of the fam

3. Notice and publication. The court shall notify the creditors, mortgagees and all other persons who have an interest in the es
ce a week for three (3) consecutive weeks in a newspaper of general circulation. The petition shall, moreover, be caused to be po
place of the municipal building of the municipality or city in which the land is situated, for at

4. Objection and date of hearing. In the notice and publication required in the preceding section, the court shall require the in
days from receipt of notice or from the date of last publication, and shall fix the

5. Order.After hearing, if the court finds that the actual value of the proposed family home does not exceed twenty thousand pe
 or that creditors have been given sufficient security for their credits,

Sec. 6. Registration of order.A certified copy of the order of the court approving the establishment of the family home shall

Rule 107

ABSENTEES

TION 1. Appointment of representative. When a person disappears from his domicile, his whereabouts being unknown, and wit
red, any interested party, relative or friend, may petition the Court of First Instance of the place where the absentee resided bef
may be necessary. In the City of Manila, the petition shall be filed in the Ju

2. Declaration of absence; who may petition. After the lapse of two (2) years from his disappearance and without any news a
has left a person in charge of the administration of his property, the declaration of his absence and appointmen

(a) The spouse present;

(b) The heirs instituted in a will, who may present an authe

(c) The relatives who would succeed by the law of

(d) Those who have over the property of the absentee some right subord

Sec. 3. Contents of petition.The petition for the appointment of a representative, or for the declaration of absence

(a) The jurisdictional facts;

(b) The names, ages, and residences of the heirs instituted in the will, copy of which shall be presented

(c) The names and residences of creditors and others who may have any adverse

(d) The probable value, location and character of the Property b

. 4. Time of hearing; notice and publication thereof. When a petition for the appointment of a representative, or for the declara
date and place for the hearing thereof where all concerned may ap

pies of the notice of the time and place fixed for the hearing shall be served upon the known heirs, legatees devisees, creditors a
published once a week for three (3) consecutive weeks prior to the time designated for the hearing, in a newspaper of general c

c. 5. Opposition.Anyone appearing to contest the petition shall state in writing his grounds therefor, and serve a copy thereof o

6. Proof at hearing; order.At the hearing, compliance with the provisions of section 4 of this rule must first be shown. Upon sat
and appointing the representative, trustee or administrator for the absentee. The judge shall take the necessary measures to safe
remuneration of his representative, trustee or administrator, regulating the

In case of declaration of absence, the same shall not take effect until six (6) months after its publication in a newsp

c. 7. Who may be appointed. In the appointment of a representative, the spouse present shall be preferred when there is no le
incompetent, any competent person may be appoint

In case of declaration of absence, the trustee or administrator of the absentee's property shall

Sec. 8. Termination of administration.The trusteeship or administration of the property of the absente

(a) When the absentee appears personally or by mea

(b) When the death of the absentee is proved and his testate o
 (c) When a third person appears, showing by a proper document that he has acquired t

In these cases the trustee or administrator shall cease in the performance of his office, and the property s

Rule 108

CANCELLATION OR CORRECTION OP ENTRIES IN THE

ection 1. Who may file petition. Any person interested in any act, event, order or decree concerning the civil status of persons w
correction of any entry relating thereto, with the Court of First Instance of the province

Sec. 2. Entries subject to cancellation or correction. Upon good and valid grounds, the following entries in the civil register ma
dgments of annulments of marriage; (f) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoption
citizenship; (l) civil interdiction; (m) judicial determination of filiation; (n) voluntary e

3. Parties.When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have

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 t
The court shall also cause the order to be published once a week for three (3) consecutive we

. 5. Opposition. The civil registrar and any person having or claiming any interest under the entry whose cancellation or correc
publication of such notice, file his opposition

6. Expediting proceedings.The court in which the proceeding is brought may make orders expediting the proceedings, and may
proceedings.

c. 7. Order.After hearing, the court may either dismiss the petition or issue an order granting the cancellation or correction pra
concerned who shall annotate the same in his

Rule 109

APPEALS IN SPECIAL PROCEEDINGS

tion 1. Orders or judgments from which appeals may be taken. An interested person may appeal in special proceedings from an
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 sha

(c) Allows or disallows, in whole or in part, any claim against the estate of a deceased person, or any cla

(d) Settles the account of an executor, administrator, tr

Constitutes, in proceedings relating to the settlement of the estate of a deceased person, or the administration of a trustee or gu
no appeal shall be allowed from the appointment of a spec

(f) Is the the final order or judgment rendered in the case, and affects the substantial rights of the person appealing, unle

2. Advance distribution in special proceedings. Notwithstanding a pending controversy or appeal in proceedings to settle the e
and just, permit that such part of the estate as may not be affected by the controversy or appeal be distributed among the he

Part III

CRIMINAL PROCEDURE
 Rule 110

PROSECUTION OF OFFENSES

tion 1. Commencement of criminal action. All criminal actions must be commenced either by complaint or information in the n

c. 2. Complaint defined. Complaint is a sworn written statement charging a person with an offense, subscribed by the offende
charge of the enforcement or execution of the la

Sec. 3. Information defined. An information is an accusation in writing charging a person with

Sec. 4. Who must prosecute criminal actions.All criminal actions either commenced by complaint or by infor

crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended
both alive, nor, in any case, if he shall have consented or pa

offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a complaint filed by the offe
expressly pardoned by the above-named persons, as

he offended party, even if she were a minor, has the right to institute the prosecution for the above offenses, independently of he
unds other than her minority. Where the offended party who is a minor fails to file the complaint, her parents, grandparents or g
guardians shall be exclusive of all other persons and shall be exercised suc

No criminal action for defamation which consists in the imputation of an offense mentioned above, shall be broug

5. Sufficiency of complaint or information. A complaint or information is sufficient if it states the name of the defendant; the d
offense; the name of the offended party; the approximate time of the commission of the offe

When an offense is committed by more than one person, flu of them shall be i

. 6. Name of the defendant. A complaint or information must state the name and surname of the defendant or any appellation o
described under a fictitious name with a statement that his

the course of the proceeding the true name of the defendant disclosed by him, or appears in some other manner to the court, the
and record.

7. Designation of the offense. Whenever possible a complaint or information should state the designation given to the offense b
is no such designation, reference should be made to the section or subs

8. Cause of accusation.The acts or omissions complained of as constituting the offense must be stated in ordinary and concise
in such form as is sufficient to enable a person of common understanding to know what offense is intende

c. 9. Place of the commission of the offense. The complaint or information is sufficient if it can be understood therefrom that th
within the jurisdiction of the court, unless the particular place wherein it was committed constitutes an essentia

. 10. Time of the commission of the offense. It is not necessary to state in the complaint or information the precise time at whi
act may be alleged to have been committed at any time as near to the actual date at which the offen

c. 11. Name of the offended party. A complaint or information must state the name and surname of the person against whom o
such person has been or is known, and if there is no better way of identifying him,

(a) In case of offenses against property, if the of the offended party is unknown, the property, subject matter of the offense, mus

If in the course of the trial the true name of the person against whom or against whose property the offense was committed is d
information, or record.
If the offended party is a corporation or any other juridical person, it is sufficient to state the name of such corporation or juridi
identified, without necessity of averring that it is a corporation, or that it

Sec. 12. Duplicity of offense. A complaint or information must charge but one offense, except only in those case

c. 13. Amendment The information or complaint may be amended, in substance or form, without leave of court, at any time befo
and at the discretion of the court, when the same can be done without pre

t appears at any time before judgment' that a mistake has been made in charging the proper offense, the court may dismiss the o
provided the defendant would not be Placed thereby in double jeopardy, and may also require t

Sec. 14. Place where action is to be instituted. (a) In all criminal prosecutions the action shall be instituted tried in the court of
ingredients thereof took place.

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
through which such train, aircraft or other vehicle passe

Where an offense is committed on board a vessel registered or licensed in accordance with the laws of the Philippines, in the cou
port of entry or of any municipality or province through which the ve

(d) Other crimes committed outside of the Philippines but punishable therein under Article 2 of the Revised Penal Code

15. Intervention of the offended party in criminal action. Unless the offended party has waived the civil action or expressly re
of section 4 hereof, he may intervene, personally or by attorney, in

Rule 111

PROSECUTION OF CIVIL ACTION

ection 1. Institution of criminal and civil actions. When a criminal action is instituted, the civil action for recovery of civil liabilit
offended party expressly waives the civil action or reserves his ri

2. Independent civil action. In the cases provided for in Articles 31, 32, 33, 34 and 2177 of the Civil Code of the Philippines, an
he injured party during the pendency of the criminal case, provided the right is reserved as required in the preceding section. Su
preponderance of evidence.

Sec 3. Other civil actions arising from offenses. In all cases not included in the prece

a) Criminal and civil actions arising from the same offense may be instituted separately, but after the criminal action has been co
criminal action;

fter a criminal action has been commenced, no civil action arising from the same offense can be prosecuted, and the same shall
has been rendered;

) Extinction of the penal action does not carry with it extinction of the civil, unless the extinction proceeds from a declaration in a
person entitled to the civil action may institute it in the jurisdiction and in the manner provided by law against the person who m

Sec. 4. Judgment in civil action not a bar.A final judgment rendered in a civil action absolving th

5. Suspension by reason of prejudicial question. A petition for the suspension of the criminal action based upon the pendency o
trial of the criminal action.

Rule 112

PRELIMINARY INVESTIGATION
 on 1. Preliminary examination.Preliminary examination is a previous inquiry or examination made before the arrest of the accu
been filed imputing the commission of an offense cognizable by the Court of First Instance for the purpose of determining wheth
is probably guilty thereof, so that a warrant of arrest may be issued

c. 2. Officers authorized to conduct preliminary examination. Every justice of the peace, municipal judge, city or provincial fisca
these rules of all offenses alleged to have been committed within his municipality, city or

ustice of the peace of the provincial capital or of the municipality in which the provincial jail is located, when directed by an orde
investigation of any offense committed anywhere within his province at the expense of

. 3. Preliminary examination by the municipal mayor. In case of temporary absence of both the justice of the peace and the aux
nicipal mayor shall make the preliminary examination in criminal cases when such examination cannot be delayed without prejud
justice of the peace or to the auxiliary justice immediately upon the return of one or the other. He shall have authority in such ca
for in Rule 114.

4. Summoning witnesses. Every person making complaint charging the commission of an offense must inform the judge or the
the said judge or officer shall issue subpoena for such persons, requiring them to att

C 5. Duty of judge, fiscal or other officer conducting Preliminary examination. The justice of the peace, the municipal judge, the
les must take under oath, either in the presence or absence of the accused, the testimony of the complainant and his witnesses.
them.

6. Warrant of arrest, when issued. If the judge be satisfied from the preliminary examination conducted by him or by the inves
ground to believe that the accused has committed it, he must issue a

7. Admission to bail when arrest occurs outside of the jurisdiction of the court. Upon issuing the order of arrest, the judge sha
ense charged is one which admits bail, he shall issue an order fixing the amount thereof and authorizing any justice of the peace
bail. The officer making the arrest shall take the accused before a judge or other official of such province having authority to adm
the warrant, and release him, and inform the judge who issued the order of arrest o

8. Procedure when bail not given or when offense Units no bail. If the offense charged in the complaint is not bailable, or if on
the officer who made the arrest shall take the person arrested before the judge or before some other

. 9. When summons instead of warrant of arrest issued. When the defendant is charged with violation of some law or ordinance
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 d
complaint or information, unless the defendant is a recidivist, or fugitive from justice, or is charged with physical injuries, or do
known residence. But the judge may order that a defendant charged with such offense be a

10. Right of accused to preliminary investigation after arrest.After the arrest of the accused and his delivery to the court, he sh
mony and evidence presented against him at the preliminary examination, and, if he desires to testify or to present witnesses or
this investigation need not be reduced to writing but that of the accused shall b

In cases triable in the justice of the peace or municipal courts, the accused shall not be entitled as a matter

11. Sending for attorney.At any time during the proceedings referred to in the preceding section defendant, if he so requests, s
officer may require any peace officer deliver any message from the defendant to a

12. Transmission of record. Upon the conclusion of the preliminary investigation, the judge or corresponding officer shall trans
ord of the case, including (a) the warrant, if the arrest was by virtue of a warrant, and the written testimony in support of the sa
undertaking or bail of the accused; (d) the person of the accused if not on bail; and (e

13. Preliminary examination and investigation by the judge of the Court of First Instance. Upon complaint filed directly with th
he fiscal, the judge thereof shall either refer the complaint to the justice of the peace referred to in the second paragraph of sect
mination and investigation simultaneously in the manner provided in the preceding sections, and should he find reasonable groun
his arrest, and thereafter refer the case to the fiscal for the filing of

14. Preliminary examination and investigation by provincial or city fiscal or by state attorney in cases cognizable by the Court of
ce of the peace or other officer in accordance with the provisions of the preceding sections, no information for an offense cogniz
hout first giving the accused chance to be heard in a preliminary investigation shall be conducted by him or by his assistant by is
resence and he shall have the right to be heard, to cross-examine the complainant and his witnesses and to adduce evidence in h
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

15. Investigation of persons in custody. Where the accused is detained without a warrant for his arrest, he may ask for a preli
sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended. Notwithstanding such waiver

he case has already been filed in court and no preliminary investigation has been conducted by the fiscal because the accused ha
of five (5) days from the time he learns of the filing of the information, ask for a reinvestigation thereof with the same r

16. Investigation for prosecution under Anti-Subversion Act. No prosecution for violation of the Anti-Subversion Act shall be m
e Secretary of Justice, as the case may be, finds after due investigation of the facts, that a prima facie case for violation of said A
accused in due form, and certifies under oath that he has conducted a proper preliminary investigation thereof, with notice, whe
resented by counsel, to testify, to have compulsory process for obtaining witnesses in his favor, and to cross-examine witnesses
under the Anti-Subversion Act by prision mayor to death shall be conducted

Rule 113

ARREST

Section 1. Definition of arrest.Arrest is the taking of a person into custody in order that he may

Sec. 2. ArrestHow made.An arrest is made by an actual restraint of the person to be arrested, or b

No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not

c. 3. Execution of warrant.It shall be the duty of an officer to whom the warrant of arrest is delivered to arrest the defendant a
person in authority who issued the warrant as dire

4. Execution of warrant outside of the province. Warrant of arrest issued by the justice of the peace cannot be served or exec
nce, the provincial fiscal shall certify that in his opinion the interest of justice requires such service. Warrant issued by the judge
within the Philippines.

c. 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
proceed as though the offender had been brought before him

Sec. 6. Arrest without warrantWhen lawful.A peace officer or a private perso

(a) When the person to be arrested has committed, is actually committing, or is

(b) When an offense has in fact been committed, and he has reasonable ground to belie

When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judg
from one confinement to another.

Sec. 7. Time of making arrest.An arrest may be made on any day an

8. Method of arrest by officer by virtue of warrant.When making an arrest by virtue of a warrant the officer shall inform the pe
arrest, except when he flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such in
time of the arrest but after the arrest, if the person arrested so requires, the warran

. 9. Method of arrest by officer without warrant. - When making an arrest without a warrant, the officer shall inform the person
then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or for
information will imperil the arrest.
 10. Method of arrest by private person.A private person when making an arrest shall inform the person to be arrested of the in
n the commision of an offense, or is pursued immediately after its commission or after an escape, Or flees or forcibly resists befo
information will imperil the arrest.

11. Officer may summon assistance. Any officer making a lawful arrest may orally summon as many persons as he deems nec
the making of such arrest, when he can render such aid witho

c. 12. Right of officer to break into building. An officer, in order to make an arrest either by virtue of a warrant, or when author
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

ec. 13. Right to break door or window to effect release. Whenever an officer or private person has entered a building in accorda
building, if detained therein, when necessary for the purpos

c. 14. Right to break into building in order to effect release of person making arrest detained therein. A peace officer or a privat
liberating a person who entered the building to accordance with the provisio

ec. 15. Arrest after escape or rescue.If a person arrested escapes or is rescued, the person from custody he escaped or was res
within the Philippines.

Sec. 16. Method of recapture. - To retake the person escaping or rescued, the person from whose custody he escaped w

17. Duty of person making arrest without warrant. - Any person making arrest for legal ground shall, without unnecessary dela
person arrested to the proper court or judge for such action as th

. 18. Right of attorney to visit person arrested. Any attorney entitled to practice in the courts of the Philippines shall, at the req
privately with such person, in the jail or any other place of custody at any hour

Rule 114

BAIL

ction 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
bond or recognizance.

c. 2. Condition of the bail. The condition of the bail is that the defendant shall answer the complaint or information in the court
ealed to the Court of First Instance upon application supported by an undertaking or bail, that he will surrender himself in execu
anew or remand* for a new trial, he will appear in the court to which it may be remanded

ec. 3. Offenses less than capital before conviction by Court of First Instance. After judgment by a justice of the peace and befor

Sec. 4. Non-capital offenses after conviction by the Court of First Instance. After conviction by the Court of First Ins

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 t
by death.

Sec. 6. Capital offense not bailable. No person in custody for the commission of a capital offense

7. Capital offenseBurden of proof. On the hearing of an application for admission to bail made by any person who is in custod
n the prosecution. The evidence presented during such hearings in the Court of First Instance shall be considered automatically r
court may recall any witness for additional examination unless the witness is dead, outs

Sec. 8. Notice of application to fiscal.When admission to bail is a matter of discretion, the court must require that r

Sec. 9. Qualification of sureties.The necessary qualifications of suretie

(a) Each of them must be a resident householder or freeholde

In case there are only two sureties, each must be worth the amount specified in the undertaking over and above all just debts, ob
justify severally in amounts less than that expressed in the undertaking, if the entire sum justif

c. 10. Justification of sureties. The sureties must in all cases justify by affidavit taken before the judge, that they each possess
davit the property by which he proposes to justify and the encumbrances thereon, the number and amount of other bonds and un
The court may further examine the sureties upon oath concerning their sufficien

SEC. 11. Release on bail.The defendant must be discharged by the c

12. Increase or reduction of bail.After a defendant shall have been admitted to bail, the court may, upon good cause shown, e
ustody unless he gives bail in the increased amount he is called upon to furnish. A defendant held to answer on a criminal charg
the proceedings whenever it may satisfactorily appear to the court that he is the author of the alleged offense

Sec. 13. Bail on appeal Bail upon appeal must conform in all respects a

e accused-appellant jumps bail or escapes confinement on appeal from the justice of the peace court to the Court of First Instanc
revived.

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
the sum mentioned in the order, and upon delivering to the court a proper certificate of the deposit, must be discharged from cus
judgment may be given; and the surplus, if any, shall be retu

c. 15. Forfeiture of bail. When the appearance of the defendant is required by the court, his sureties shall be notified to produce
ared forfeited and the bondsmen are given thirty (30) days within which to produce their principal and to show cause why a judg
irty (30) days, the bondsmen (a) must produce the body of their principal or give the reason for its non-production; and (b) mus
to do. Failing in these two requisites, a judgment shall be rende

16. Discharge of sureties. Upon application filed with the court and after due notice to the fiscal, the bail bond shall be cancelle
he defendant to the court; (b) where the defendant is re-arrested or ordered into custody on the same charge or for the same off
acquitted, or is convicted and surrendered to serve the sentence; and (d) where the d

17. Sureties may arrest defendant For the purpose of surrendering the defendant, the bail may arrest him, or on written autho
officer or any other person of suitable age and

Sec. 18. No bail after final judgment. No bail shall be allowed after the judgment has become fi

Rule 115

RIGHTS OF DEFENDANT

Section 1. Rights of defendant at the trial.In all criminal prosecution

(a) To be presumed innocent until the contrary

(b) To be present and defend in person and by attorney at every stage of the proceedings, that is

(c) To be informed of the nature and cause of the

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 wit
him;

(e) To be exempt from being a witness agains

o be confronted at the trial by, and to cross-examine the witness against him. Where the testimony of a witness for the prosecut
attorney, the defense having had an opportunity to cross-examine the witness, the testimony or deposition of the latter may be
with due diligence be found in the Philipp
 (g) To have compulsory process issued to secure the attendance

(h) To have a speedy and public trial;

(i) To have the right of appeal in all cases author

Rule 116

ARRAIGNMENT

ion 1. ArraignmentHow made.The defendant must be arraigned before the court in which the complaint or information has be
made by the judge or clerk, and shall consist in reading the complaint or information to the defendant and delivering to him a cop
charged. The prosecution may, however, call at the trial witnesses other than th

2. Presence of defendant on arraignment.If the charge is for an offense within the jurisdiction of the Courts of First Instance, t
the justice of the peace or any other inferior courts of similar jurisdic

3. Duty of court to inform defendant of Ms right to have attorney. If the defendant appears without attorney, he must be inform
he desires the aid of attorney. If he desires and is unable to employ attorney, the court must assign attorney de of

4. Who may be appointed attorney de oficio. The attorney so employed or assigned must be a duly authorized member of the b
e, 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
r are not available the justice of the peace court may in its discretion, admit or assign a person, resident in the province and of g
admitted or assigned be not a duly authorized mem

ec. 5. Time for counsel de oficio to prepare for arraignment or trial. Whenever an attorney de oftcio is employed or assigned by
onable time to consult with the accused and prepare his defense before proceeding further in the case, which shall not be less th
good cause shown, shorten or extend the

6. Bill of particulars. Defendant may, at the time of or before arraignment, move for or demand a more definite statement or a
to enable him properly to plead or prepare for trial. The motion shall point out the

Rule 117

MOTION TO QUASH

tion 1. Time to move to quash or plead. Upon being arraigned the defendant shall immediately, unless the court grants him fur
moves to quash, without pleading, and the motion is withdrawn or ove

Sec. 2. Motion to quashGrounds.The defendant may move to quash the complaint

(a) That the facts charged do not constitute an

(b) That the court trying the cause has no jurisdiction of the offense charg

(c) That the officer who has filed the information has ho

(d) That it does not conform substantially to the pr

(e) That more than one offense is charged except in those cases in which existing laws

(f) That the criminal action or liability has been e

(g) That it contains averments which, if true, would constitute a

(h) That the defendant has been previously convicted or in jeopardy of being con
) That the defendant is insane. If the motion to quash is based on an alleged defect in the complaint or information which can be
motion.

3. Motion to quashForm and contentsFailure to state objectionEntry of recordFailure to record. The motion to quash sh
objection relied on and the court shall hear no objection other than that stated in the motion. It shall be entered of record

4. Contents of the motion to quash token based on extinction of criminal liability. If the ground of the motion to quash is the e
the offender with the offended party in the cases where such pardon or marriage extinguishes criminal liability, pres

c. 5. Contents of the motion to quash when based on former conviction or acquittal or former jeopardy. If the ground of the m
endant of the same offense, the motion shall state the name under which the defendant was convicted or in jeopardy of convictio
the date and place of such conviction or jeopardy

c. 6. Trial of issues arising on a motion to quash.The motion to quash shall be heard immediately on its being made unless, for g
motion to quash shall be tried by the cou

ec. 7. Effect of sustaining the motion to quash.If the motion to quash is sustained the court may order that another information
itted 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
if in custody, shall be discharged there from unless he is in cust

c. 8. Order sustaining the motion to quash not a bar to another prosecutionException. An order sustaining the motion to quas
grounds specified in section 2, subsections (f) and (

9. Former conviction or acquittal or former jeopardy. When a defendant shall have been convicted or acquitted, or the case aga
rt of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sus
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
necessarily included in the offense charged in the former co

c. 10. Failure to move to quashEffect ofException If the defendant does not move to quash the complaint or information be
on to quash except when the complaint or information does not charge an offense, or the court is without jurisdiction of the sam
und that the offense for which he is now charged is an offense for which he has been pardoned, or of which he has been convicte
judgment a motion to quash on the ground of such pardon, convi

RULE 118

PLEAS

ction 1. Defendant's plea to the complaint or information.The defendant shall plead to the complaint or information either by a
enter it shall not affect the validity of any proceedin

Sec. 2. Refusal to plead.If the defendant refuses to Plead, a plea of n

c. 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 defend
which the penalty that may be imposed is a fine not exceeding two hundred pesos (P200), in which case the ple

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
or information.

5. Plea of guiltyDetermination of punishment. Where the defendant pleads guilty to a complaint or information, if the court
to determine what punishment shall be imp

6. Plea of guiltyWithdrawal of.The court may in its discretion at any time before sentence permit a plea of guilty to be withdra
court may set aside such judgment, and allow a plea of not guilty, or, with the consent of the fiscal, allow a ple

ec. 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 de
shown shall allow further time.
 8. Production or inspection of material evidence in possession of prosecution. Upon motion of any defendant showing good cau
retion and to prevent unfair surprise, suppression, or alteration, order the prosecution to produce and permit the inspection and
the complainant and other witnesses in any investigation of the offense conducted by the prosecution or by other investigating o
objects or tangible things, not otherwise privileged, which constitute or contain evidence material to any matter involved i

Rule 119

TRIAL

SECTION 1. Notice of trial Both parties shall be notified of the date set for the trial o

2. Continuance or postponement of the trial. The court on the application of either party or on its own motion, may in its discr
and the right of the defendant to a speedy tria

Sec. 3. Order of trial. The plea of not guilty having been entered, the tria

(a) The fiscal, on behalf of the People of the Philippines, must offer ev

(b) The defendant or his attorney may offer evidence in su

(c) The parties may then respectively offer rebutting evidence only, unless the court, in furtherance of justice, permit

d) When the introduction of evidence shall have been concluded, unless the case is submitted to the court without argument, the
lude the same. The argument by either attorney may conclude oral or written, or partly written, but only the written arguments,

4. Application for examination of witness for defendant before trial When defendant has been held to answer for an offense, h
half in the manner hereinafter provided, but not otherwise. The motion shall state: (a.) the name and residence of the witness; (b
k or infirm as to afford reasonable grounds for apprehending that he will not be able to attend the trial, or resides more than 10
circumstances exist that render him unable to attend or prevent him from attending, the trial. The motion shall be suppo

. 5. Examination of witnessHow made. If the court is satisfied that the examination is necessary, an order will be made direct
rved on the fiscal within a given time prior to that fixed for the examination. The examination will be taken before the judge orde
tribunal to be designated in the order. The examination shall proceed notwithstanding the absence of the fiscal, if it appea

ec. 6. Bail to secure appearance of witness for prosecution. When the judge of a Court of First Instance shall be satisfied, by pro
ppear and testify when required, he may order the witness to give bail in such sum as he may deem proper for such appearance.
discharged.

c. 7. Deposition of witness for the prosecution. - Where, however, it shall satisfactorily appear that the witness cannot procure b
e the Philippines with no definite date of returning thereto, he may forthwith be conditionally examined or his deposition immedi
defendant, or after reasonable notice to attend the examination or the taking of the deposition has been served on him, and will b
e defendant to attend the examination or the taking of the deposition after notice hereinbefore provided, shall be considered a w
against the defendant. His testimony taken, the witness must thereupon b

8. Trial of joint defendants. When two or more defendants are jointly charged with any offense, they shall be tried jointly, unle
ring separate trials, the court may order that one or more defendants be each separately tried and the others jointly tried, or ma
trial or trials, or may order that each defendant be s

9. Discharge of one of several defendants to be witness for the prosecution.When two or more persons are charged with the co
their defense, may direct one or more of them to be discharged with the latter's consent that he or they ma

(a) There is absolute necessity for the testimony of the defendant w

(b) There is no other direct evidence available for the proper prosecution of the offense

(c) The testimony of said defendant can be substantially corrobo

 (d) Said defendant does not appear to be the m

(e) Said defendant has not at any time been convicted of any offen

10. One of several defendants witness for co-defendant. When two or more persons shall be included in the same charge, and
evidence to put him on his defense, it must order him to be discharged before the evidence i

c. 11. Discharge of defendants operate as acquittal. The order indicated in the two preceding sections shall amount to an acqui
unless the defendant, in the case provided in section 9 fails or refuses t

ec. 12. When mistake has been made in charging the proper offense. When it appears at any time after trial has begun and bef
endant cannot be convicted of the offense charged, nor of any other offense necessarily included therein, the defendant must not
commit him to answer for the proper offense, and may also require the witnesses

13. Appointment of acting fiscal. When a fiscal, his assistant or deputy shall be disqualified to act, for any of the reasons state
the Secretary of Justice in order that the latter may appo

14. Exclusion of the public. The court may upon its own motion exclude the public from the court room if the evidence to be pr
court may also, upon request of the defendant, exclude from the trial every person except the officers

. 15. Consolidation of trials of related offenses. Charges for offenses founded on the same facts, or which form or are a part of
jointly.

RULE 120

JUDGMENT OR SENTENCE

tion 1. Judgment defined. The term judgment as used in this rule means the adjudication by the court that the defendant is gui
on the defendant, who pleads or is found guilt

Sec. 2. Form of judgment.The judgment must be written in the official language, personally and directly prepared by the judge
mitted by the defendant and upon which the judgment is based. If it is of conviction the judgment or sentence shall state (a) the
ravating or mitigating circumstances attending the commission thereof, if there is any; (b) the participation of the defendant in t
e penalty imposed upon the defendant; and (d) the civil liability or damages caused by the wrongful act to be recovered from the
separate action has been reserved.

3. Judgment for two or more offenses.When two or more offenses are charged in a single complaint or information, and the de
are charged and proved, and impose on him the penalty for each and every one of them, setting out separately the findings of fa
Code, as amended by Commonwealth Act N

ec. 4. Judgment in case of variance between allegation and proof. When there is variance between the offense charged in the
charged is included in or necessarily includes the offense proved, the defendant shall be convicted of the offense proved inclu

. 5. When an offense includes or is included in another. An offense charged necessarily includes that which is proved, when so
information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essenti

ec. 6. Promulgation of judgment. The judgment is promulgated by reading the judgment or sentence in the presence of the defe
ent if the conviction is for a grave offense; if for a light offense, the judgment may be pronounced in the presence of his attorney
is not necessary and the judgment may be promulgated or read to th

he defendant is confined or detained in another province or city, the judgment of conviction may be promulgated by the judge of
the request of the court that promulgating the judgment. The court promulgating the judgment shall have a

7. Modification of judgment. A judgment of conviction may be modified or set aside by the court rendering it before the judgm
after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied o
 Sec. 8. Entry of judgment. After a judgment has become final, it shall be

9. Existing provisions governing suspension of sentence, probation and parole, not affected by this rule.Nothing in this rule sha
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 defe

Sec. 2. Grounds for a new trial.The court shall grant a new trial on

(a) That errors of law or irregularities have been committed during the trial prejud

b) That new and material evidence has been discovered which the defendant could not with reasonable diligence have discovered
judgment.

SEC. 3. Form of motion and notice to the fiscal.The motion for a new trial shall be in writing and file

s based on newly discovered evidence, it must be supported by the affidavits of the witnesses by whom such evidence is expecte
evidence. Notice of the motion shall be given to

Sec. 4. Hearing on motion. Where a motion for a new trial calls for the decision of any question of fact th

Sec. 5. Effect of granting a new trial. The effect of granting a

When a new trial is granted on the ground of errors of law or irregularities committed during the trial, all the proceedings and e
affected thereby shall be set aside and taken anew. The court may, in the interest of jus

b) When a new trial is granted on the ground of newly discovered evidence, the evidence already taken shall stand, and the new
introduced, shall be taken and considered together with the evid

(c) In all cases, the original judgment shall be set aside and a new judgment rendered, and the former sha

Rule 122

APPEAL

on 1. Appeal.From all final judgments of the Court of First Instance or courts of similar jurisdiction, and in all cases in which th
or to the Supreme Court as hereinafter pres

2. Who may appeal.The People of the Philippines can not appeal if the defendant would be placed thereby in double jeopardy. I
after judgment affecting the substantial rights of t

Sec. 3. How appeal taken. An appeal shall be taken by filing with the court in which the judgment or order was rendered a noti

. 4. Publication of notice of appeal.If personal service of the copy of the notice of appeal can not be made upon the adverse par
general circulation in the vicinity, at least once each week for a period not exceeding thirty (30) days, an

5. Notice waived.The appellee may waive his right to a notice that an appeal has been taken. The appellate court may, in its dis
so require.

. 6. When appeal to be taken.An appeal must be taken within fifteen (15) days from promulgation or notice of the judgment or
motion for new trial is filed until notice of the order overruling the motion shall have
c. 7. Transcribing and filing notes of stenographic reporter upon appeal. When notice of appeal is filed by the defendant the tria
filed by the People of the Philippines the trial court shall direct the stenographic reporter to transcribe such portion of his notes o
correctness of the notes and the transcript thereof which shall consist of the original and four copies and shall file the o

In case the death penalty is imposed, the court shall order the transcription of the stenographic notes for tra

c 8. Transmission of papers to appellate court upon appeal.Upon an appeal being taken, the clerk or judge of the court with wh
ice, transmit to the clerk of the court to which the appeal is taken, the complete record in the case together with the notice of th
transmitted to the clerk of the appellate court together with the record, or as soon thereafter as possib

ec. 9. Transmission of record in case of death penalty. The records of all cases in which the death penalty shall have been impos
warded to the Supreme Court for review and judgment as law and justice shall dictate. The records of such cases shall be forwar
days, after rendition of the sentence in the form prescribed by section 11 of Rule 41. The transcript shall also be

Sec. 10. Appeal by any one of the several defendants.When several defendants are tried jointly, any one or more of them ma

Sec. 11. Stay of execution when defendant appeals.When the defendant appeals the executio

ec. 12. Withdrawal of appeal.Notwithstanding the perfection of the appeal, the Court of First Instance may allow the appellant
appellate court as provided in section 8, in which case the judg

Court of First Instance may also, in its discretion, allow the appellant from the judgment of the justice of the peace court or judg
of the case on appeal, in which case the judgment of the justice of the peace or municipal court shall become final, the provision
court a quo for execution of the judgme

ec. 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
nfined in prison, whether he desires the Court of Appeals or the Supreme Court to appoint an attorney to defend him de oficio an
certificate of compliance with this duty and of the response of t

Rule 123

PROCEDURE IN THE JUSTICE OF THE PEACE OR MUN

ction 1. Complaint. Except as otherwise provided by law, criminal proceedings in justice of the peace or municipal courts must
such particulars as to time, place, person and property as may be necessary to apprise the defe

. 2. Arraignment of defendant.Defendant in justice of the peace or municipal courts shall be arraigned in the same manner as in
complaint or information unless he demands t

c. 3. Motion to quash or dismiss and pleas. Defendant may enter the same pleas, and move to dismiss or quash the complaint o
they are applicable. The motion to quash and the pleas may be oral bu

. 4. When deposition of witness to be taken. Whenever it appears to the justice of the peace or judge of the municipal court, in
ave the Philippines with no definite date of returning thereto and will not appear and testify when so required in the trial of the c
icipal court may forthwith order that the testimony of such witness be taken in writing by question and answer in the presence o
as correct by the said justice of the peace or judge of a

5. Appeal from judgment of the justice of the peace or municipal court. The convicted party may appeal either orally or in writ
the Court of First Instance within fifteen (15) days from the promulgation of the judgment. The period of appeal shall be interru
overruling the motion shall have been served upon the defe

6. Transmission of papers to the Court of First Instance, and fiscal. Upon such notice being so filed o given, as provided for in
s forward to the Court of First Instance all original papers and a transcript of all docket entries in the cause. He shall also forwar
case. The provincial fiscal shall thereupon take charge of the cause

Sec. 7. Trial de novo on appeal. An appealed case shall be tried in all respects anew in the Court of
 . 8. Withdrawal of appeal.Notwithstanding the provisions of the preceding section, the justice of the peace or the judge of the
Instance as provided in section 6, allow the appellant to withdraw his appeal, in which case the judgment of th

>CENTER>Rule 124

PROCEDURE IN THE COURT OF APPEAL

on 1. Title of the case. In all criminal cases brought to the Court of Appeals, the party bringing the case to the appellate court s
remain as it was below.

. 2. Appointment of attorney de oficio for the defendant. If it appears from the certificate of the clerk of the trial court transmi
without means to employ an attorney, and (c) desires to be defended de oficio, then the clerk of the Court of Appeals will designa
otherwise directed by order of the cour

efendant-appellant not confined in prison, shall not be entitled to an attorney de oficio, unless the appointment of such attorney b
provided in the next section, and the right thereto established

. 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 record, the appellant shall file forty (40) copies of his brief with the clerk which shall be accompani

4. When brief for appellee to be filed. Within thirty .(30) days from the receipt of the brief of the appellant the appellee shall f
five (5) copies thereof upon the appella

5. Extension of time for filing brief. Extension of time for the filing of briefs will not be allowed, except for good and sufficient c
extended.

c. 6. Form of briefs. Briefs must be printed, except when the defendant is represented by an attorney de oficio, in which case it
legibly typewritten or mimeographed copies of the briefs, with proof of service o

Sec. 7. Contents of briefs.The briefs in criminal cases shall have the same contents as provided in sections 16 and 17 of Rule 46

. 8. Dismissal of appeal for abandonment or failure to prosecute.The appellate court may, upon motion of the appellee or on its
within the time prescribed by this rule, except in case the appellant is re

The court may also, upon motion of the appellee or on its own motion, dismiss the appeal if the appellant escapes from pr

9. When appeal to be heard.All appeals in criminal cases shall have precedence over other appeals and should be placed first u
practicable time with due regard to the rights of the parties. The accused need not be

c. 10. Judgment not to be reversed or modified except for substantial error.No judgment shall be reversed or modified unless th
committed which injuriously affected the substantial righ

. 11. Power of appellate court on appeal. Upon appeal from a judgment of the Court of First Instance, the appellate court may r
court, remand the case to the Court of First Instance for new trial o

c. 12. Quorum of the court.The unanimous vote of the three Justices of a division shall be necessary for the pronouncement of
ustice shall designate two Justices from among the other members of the Court to sit temporarily with them, forming a division
pronouncement of a judgment

enever in any criminal case submitted to a division the said division should be of the opinion that the penalty of death or life imp
shall forthwith certify the case to the Supreme Court for final determination, as if t

13. Motion for new trial.At any time after the appeal from the lower court has been perfected and before the judgment of the a
ground of newly discovered evidence material to his defense, the motion to confo

Sec. 14. Procedure when new tried ordered.When a new trial is granted, it shall take place in the court from which th
c. 15. Re-hearing or reconsideration. Application for a re-hearing or reconsideration shall be made ex parte on motion setting f
sion of the court. No oral argument thereon shall be allowed. If re-hearing is granted, the cause shall be reheard in conformity w
motion for a re-hearing or reconsideration. More than one motion for a re-hearing or reconsideration

. 16. Judgment transmitted and filed in trial court. When the judgment of the appellate court has been entered in the minutes,
was taken, and shall be filed by him.

c. 17. Application of certain rules in civil to criminal cases. The provisions of Rules 46 to 56 relating to procedure in the Court o
they are applicable and not inconsistent with the provisions of this ru

Rule 125

PROCEDURE IN THE SUPREME COURT

ection 1. Procedure in the Supreme Court. Unless otherwise provided by the Constitution or the law, the procedure in the Supre

Sec. 2. Review of decisions of the Court of Appeals. The procedure for the review by the Supreme Court of decisions re

. 3. Decision if opinion is equally divided. When the court in bane is equally divided in opinion or the necessary majority can no
conviction of the lower court shall be reversed and the d

RULE 126

SEARCH AND SEIZURE

ion 1. Search warrant defined.A search warrant is an order in writing issued in the name of the People of the Philippines, signe
for personal property and bring it before the

Sec. 2. Personal property to be seized.A search warrant may be issued for the searc

(a) Property subject of the offense;

(b) Property stolen or embezzled and other proceeds or fru

(c) Property used or intended to be used as the means of c

3. Requisites for issuing search warrant.A search warrant shall not issue but upon probable cause in connection with one speci
firmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the per

4. Examination of the applicant.The judge or Justice of the peace must, before issuing the warrant, personally examine on oath
writing, and attach them to the record, in addition to any affi

. 5. Issuance and form of search warrant. If the judge or justice of the peace is thereupon satisfied of the existence of facts up
must issue the warrant, which must be substantially in the form

c. 6. Right to break door or window to effect search. The officer, if refused admittance to the place of directed search after givi
house or any part of a house or anything therein to execute the warrant or liberate himself or any

Sec. 7. Search of house, room, or premise to be made in presence of witness. No search of a house, room, or any other premi
neighborhood.

ec. 8. Time of making search.The warrant must direct that it be served in the day time, unless the affidavit asserts that the prop
inserted that it be served at any time of the da

Sec. 9. Validity of search warrant.A search warrant shall be valid for ten (10) da
10. Receipt for the property seized.The officer seizing property under the warrant must give a detailed receipt for the same to t
in the presence of at least one witness, leave a receipt in the place in w

c. 11. Delivery of property and inventory thereof to court. The officer must forthwith deliver the property t the justice of the pe
together with a true inventory thereof duly verif

Sec. 12. Search without warrant of person arrested.A person charged with an offense may be searched for dangerous

Rule 127

ATTACHMENT IN CRIMINAL CASES

tion 1. Attachment.At the commencement of a criminal action or at any time thereafter, when the civil action for the recovery o
h civil action separately is not reserved, the offended party may have the property of the defendant attached as security for the s

(a) When the defendant is about to depart from th

When the criminal action is based on a claim for money or property which has been embezzled or fraudulently misapplied or con
attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other p

(c) When the defendant has concealed, removed, or disposed of his pers

(d) When the defendant resides outside the Ph

c. 2. Reference to Rule 57. Sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen
attachment in civil actions shall apply to attachment provided for in the preceding

PART IV

RULES ON EVIDENCE

Rule 128

GENERAL PROVISIONS

Section 1. Evidence defined.Evidence is the means, sanctioned by these rules, of ascertaining in

Sec. 2. Same rules in all cases.The rules of evidence shall be the same in all courts and

Sec. 3. Admissibility of evidence.Evidence is admissible when it is relevant to t

. 4. Relevancy of evidence; collateral matters. Evidence must have such a relation to the fact in issue as to induce belief in its e
tend in any reasonable degree to establish the probability or impr

Rule 129

WHAT NEED NOT BE PROVED

ection 1. Judicial notice.The existence and territorial extent of states, their forms of government and symbols of nationality, th
nstitution and history of the Philippines, the official acts of the legislative, executive, and judicial departments of the Philippines,
d, and all similar matters which are of public knowledge, or are capable of unquestionable demonstrate or ought to be known to
troduction of proof; but the court may receive evidence upon any of the subjects in this section stated, when it shall find it neces
reference.

2. Judicial admissions.Admissions made by the parties in the pleadings, or in the course of the trial or other proceedings do no
 palpable mistake.

Rule 130

RULES OF ADMISSIBILITY

A. REAL EVIDENCE

ction 1. View of an object.Whenever an object has such a relation to the fact in issue as to afford reasonable grounds of belief
situation, condition, or character proved by witnesses, as the court i

B. DOCUMENTARY EVIDENCE

1. BEST EVIDENCE RULE

Sec. 2. Original writing must be produced; exceptions. There can be no evidence of a writing the contents of which is the

(a) When the original has been lost, destroyed, or cannot

(b) When the original is in the possession of the Party against whom the evidence is offered,

(c) When the original is a record or other document in the cu

(d) When the original has been recorded in an existing a certified copy

e) When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of

ec. 3. Certain copies regarded as originals.When an entry is repeated in the regular course of business, one being copied from a

2. SECONDARY EVIDENCE

Sec. 4. Secondary evidence when original is lost or destroyed.When the original writing has been lost or destroyed, or cannot b
contents may be proved by a copy, or by a recital of its contents in some authentic

c. 5. Secondary evidence when original is in adverse party's custody.If the writing be in the custody of the adverse party, he m
tence, 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 i
withheld by the adverse party.

Sec. 6. Party calling for writing not bound to offer it.A party who calls for the production of a writi

3. PAROL EVIDENCE RULE

7. Evidence of written agreements.When the terms of an agreement have been reduced to writing, it is to be considered as con
interest, no evidence of the terms of the agreement other than the contents of

(a) Where a mistake or imperfection of the writing, or its failure to express the true intent and agreement of th

(b) When there is an intrinsic ambiguity in the

erm "agreement" includes wills.

4. INTERPRETATION OF DOCUMENTS
8. Interpretation of a writing according to its legal meaning.The language of a writing is to be interpreted according to the lega

9. Instrument construed so as to give effect to all provisions.In the construction of an instrument where there are several prov

10. Interpretation according to intention; general and particular provisions.In the construction of an instrument, the intention
atter is paramount to the former. So a particular intent will control a general one that is, inconsistent with it.

11. Interpretation according to circumstances. For the proper construction of an instrument, the circumstances under which it
at the judge may be placed, in the position of those whose language he is to interpret

12. Peculiar signification of terms.The terms of a writing are presumed to have been used in their primary and general accepta
fication, and were so used, and understood in the particular instance, in which case the agreement must be construed accordingl

13. Written words control printed.When an intrument consists partly of written words and partly of a printed form, and the two

14. Experts and interpreters to be used in explaining certain writings.When the characters in which an instrument is written ar
ons skilled in deciphering the characters, or who understand the language, is admissible to declare the characters or the meaning

15. Of two constructions, which preferred. When the terms of an agreement have been intended in a different sense by the diff
rstood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is the most favo

16. Construction in favor of natural right. When an instrument is equally susceptible of two interpretations, one in favor of natu

17. Interpretation according to usage.An instrument may be construed according to usage, in order to determine its true chara

C. TESTIMONIAL EVIDENCE

1. QUALIFICATION OF WITNESSES

18. Witnesses; their qualifications.Except as provided in the next succeeding section, all persons who, having organs of sense,
er parties nor other persons interested in the outcome of a case shall be excluded; nor those who have been convicted of crime;

19. Physical disqualification.The following persons cannot be witnesses:

hose who are of unsound mind at the time of their production for examination, to such a degree as to be incapable of perceiving

hildren who appear to the court to be of such tender age and inferior capacity as to be incapable of receiving correct impressions

20. Disqualification by reason of interest or relationship.The following persons cannot testify as to matters in which they are in

arties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or
mand against the estate of such deceased person or against such person of unsound mind, cannot testify as to any matter of fac
;

husband can not be examined for or against his wife without her consent; nor a wife for or against her husband without his con
ne against the other;

o descendant can be compelled, in a criminal case, to testify against his parents and ascendants.

21. Privileged communication. The following persons cannot testify as to matters learned in confidence in the following cases:

he husband or the wife during the marriage or afterwards, cannot be examined without the consent of the other as to any comm

n attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advi
ographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which h
 person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be exami
ssional capacity, which information was necessary to enable him to act in that capacity, and which would blacken the character

minister or priest cannot, without the consent of the person making the confession, be examined as to any confession made to h
ngs;

public officer cannot be examined during his term of office or afterwards, as to communications made to him in official confiden

2. ADMISSIONS AND CONFESSIONS

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

23. Admission by silence.Any act or declaration made in the presence and within the observation of a party who does or says n
be given in evidence against him.

24. Offer to compromise not admission.An offer of compromise is not an admission that anything is due, and is not admissible i
ed by law to be compromised, an offer of compromise by the accused may be received in evidence as an implied admission of gu

25. Admission by third party.The rights of a party cannot be prejudiced by an act, declaration, or omission of another, and proc

26. Admission by co-partner or agent.The acts or declaration of a partner or agent of the party within the scope of the partners
nership or agency is shown by evidence other than such act or declaration. The same rule applies to the act or declaration of a joi

27. Admission by conspirator.The act or declaration of a conspirator relating to the conspiracy and during its existence, may be
such act or declaration.

28. Admission by privies. Where one derives title to property from another, the act, declaration, or omission of the latter, while

29. Confession.The declaration of an accused expressly acknowledging his guilt of the offense charged, be given in evidence ag

3. TESTIMONIAL KNOWLEDGE

30. Testimony generally confined to personal knowledge; hearsay excluded.A witness can testify only to those facts which he k
rwise provided in these rules.

4. EXCEPTIONS TO THE HEARSAY RUL

31. Dying declaration.The declaration of a dying person, made under a consciousness of an impending death, may be received i
unding circumstances of such death.

32. Declaration against interest.The declaration by a person deceased, or outside of the Philippines, or unable to testify, agains
e so far contrary to declarant's own interest, pecuniary or moral, that a reasonable man in his position would not have made the
essors in interest and against third persons.

33. Act or declaration about pedigree.The act or declaration of a person deceased, or outside of the Philippines, or unable to te
ved in evidence where it occurred before the controversy, and the relationship between the two persons is shown by evidence ot
, marriage, death, the dates when and the places where these facts occurred, and the names of the relatives. It embraces also fa

34. Family reputation or tradition regarding pedigree.The reputation or tradition existing in a family previous to the controvers
ess testifying thereto be also a member of the family. Entries in family bibles or other family books or charts, engravings on rings

35. Common reputation.Common reputation existing previous to the controversy, respecting facts of public or general interest
uments and inscriptions in public places may be received as evidence of common reputation.

36. Part of the res gestae.Statements made by a person while a startling occurrence is taking place or immediately prior or sub
e res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be

37. Entries in the course of business. Entries made at, or near the time of the transactions to which they refer, by a person dece
in stated, may be received as prima facie evidence, if such person made the entries in his professional capacity or in the perform

38. Entries in official records.Entries in official records made in the performance of his duty by a public officer of the Philippine
ence of the facts therein stated.

39. Commercial lists and the like.Evidence of statements of matters of interest to persons engaged in an occupation contained
of any relevant matter so stated if that compilation is published for use by persons engaged in that occupation and is generally

40. Learned treatises.A published treatise, periodical or pamphlet on a subject of history, science or art is admissible as tendin
rt in the subject, testifies that the writer of the statement in the treatise, periodical or pamphlet is recognized in his profession o

41. Testimony at a former trial.The testimony of a witness deceased or out of the Philippines, or unable to testify, given in a for
pportunity to cross-examine him, may be given in evidence.

5. OPINION RULE

42. General rule.The opinion of a witness is not admissible, except as indicated in the following sections.

43. Expert evidence.The opinion of a witness regarding a question of science, art or trade, when he is skilled therein, may be re

44. Opinion of ordinary witnesses.The opinion of a witness regarding the identity or handwriting of a person, when he has know
ity of which is in dispute, respecting the mental sanity of the signer; and the opinion of an intimate acquaintance respecting the

45. Unwritten law.The oral testimony of witnesses, skilled therein, is admissible as evidence of the unwritten law of a foreign c
gn country, if proved to be commonly admitted in such courts.

6. CHARACTER EVIDENCE

46. Moral character of parties in criminal cases. The good moral character of an accused having reference to the moral trait inv
e the bad moral character of the accused. The good or bad moral character of the offended person may be proved if it may establ

47. Moral character of parties in civil cases. Evidence of the moral character of a party in a civil case is not admissible unless th

7. CONDUCT AS EVIDENCE

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
fic intent or knowledge, identity, plan, system, scheme, habit, custom or usage, and the like.

49. Unaccepted offer.An offer in writing to pay a particular sum of money or to deliver a written instrument or specific persona
ument, or property.

Rule 131

BURDEN OF PROOF AND PRESUMPTION

on 1. Burden of proof in civil cases.Each party must prove his own affirmative allegations. Evidence need not be given in suppo
ment 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 denia
oof lies on the party who would be defeated if no evidence were given on either side.

2. Burden of proof in criminal cases.In criminal cases the burden of proof as to the offense charged lies on the prosecution. A n
 ffense charged.

3. Conclusive presumptions.The following are instances of conclusive presumptions:

Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular th
or omission, be permitted to falsify it;

he tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenan

he judgment or order of a court, when declared by these rules to be conclusive.

4. Quasi-conclusive presumptions of legitimacy. (a) Children born after one hundred eighty days following the celebration of th
ses shall be presumed legitimate.

nst this presumption no evidence shall be admitted other than that of the physical impossibility of the husband's having access to
of the child.

physical impossibility may be caused:

. By the impotence of the husband;

. By the fact that the husband and the wife were living separately, in such a way that access was not possible;

. By the serious illness of the husband.

he child shall be presumed legitimate, although the mother may have declared against its legitimacy or may have been sentence

hould the wife commit adultery at or about the time of the conception of the child, but there was no physical impossibility of acce
ars highly improbable, for ethnic reasons, that the child is that of the husband. For the purpose of this rule, the wife's adultery n

child born within one hundred eighty days following the celebration of the marriage is conclusively presumed to be legitimate in

. If the husband, before the marriage, knew of the pregnancy of the wife;

. If he consented, being present, to the putting of his surname on the record of birth of the child;

. If he expressly or tacitly recognized the child as his own.

5. Disputable presumptions.The following presumptions are satisfactory if un contradicted, but may be contradicted and overco

That a person is innocent of crime or wrong;

hat an unlawful act was done with an unlawful intent;

hat a person intends the ordinary consequences of his voluntary act;

hat a person takes ordinary care of his concerns;

hat evidence willfully suppressed would be ad, verse if produced;

hat money paid by one to another was due to the latter;

hat a thing delivered by one to another belonged to the latter;

hat an obligation delivered up to the debtor has been paid;

hat former rent or instalments had been paid: when a receipt for the later ones is produced;

hat 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;
ed by him;

hat a person in possession of an order on himself for the payment of money, or the delivery of anything, has paid the money or d

hat a person acting in a public office was regularly appointed or elected to it;

That official duty has been regularly performed;

hat a court, or judge acting as such, whether m the Philippines or elsewhere, was acting in the lawful, exercise of his jurisdiction

hat all the matters within an issue in a cask were laid before the court and passed upon by it; and in like manner that all matters

hat private transactions have been fair and regular;

hat the ordinary course of business has been followed;

hat there was a sufficient consideration for a written contract;

hat a negotiable instrument was given or indorsed for a sufficient consideration;

hat an indorsement of a negotiable instrument was made before the instrument was overdue and at the place where the instrum

hat a writing is truly dated;

hat a letter duly directed and mailed was received in the regular course of the mail;

dentity of person from identity of name;

fter an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purpo

absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeare
uccession may be opened.

ollowing shall be presumed dead for all purposes, including the division of the estate among the heirs:

. 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 yea

. A person in the armed forces who has taken part in war, and has been missing for four years;

. A person who has been in danger of death under other circumstances and his existence has not been known for four years.

hat acquiescence resulted from a belief that the thing acquiesced in was conformable to the or fact;

hat thing's have happened according to the ordinary course of nature and the ordinary habits of life;
That persons acting as copartners have entered into a contract of co-partnership;

That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage;

That a child born in lawful wedlock, there being no divorce, absolute or from bed and board, is legitimate;

If the marriage is dissolved by the death of the husband, and the mother contracted another marriage within three hundred days

. A child born before one hundred eighty days after the solemnization of the subsequent marriage is disputably presumed to ha
after the death of the former husband;

. A child born after one hundred eighty days following the celebration of the subsequent marriage is prima facie presumed to ha
after the death of the former husband.

That a thing once proved to exist continues as long as is usual with things of that nature;

hat the law has been obeyed;

That a printed or published book, purporting to be printed or published by public authority, was so printed or published;

That a printed or published book, purporting to contain reports of cases adjudged in tribunals of the country where the book is p

hat a trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to him wh

When two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and the
the probabilities resulting from the strength and age of the sexes, according to the following rules;

. If both were under the age of fifteen years, the older is presumed to have survived;

. If both were above the age of sixty, the younger is presumed to have survived;

. If one is under fifteen and the other above sixty, the former is presumed to have survived;

. 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

. If one be under fifteen or over sixty, and the other between those ages, the latter is presumed to have survived.

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, whoeve
umed that they died at the same time.

6. No presumption of legitimacy or illegitimacy. There is no presumption of legitimacy or illegitimacy of a child born after three
ever alleges the legitimacy or illegitimacy of such child must prove his allegation.

Rule 132

PRESENTATION OF EVIDENCE

A. EXAMINATION OF WITNESSES
on 1. Testimony to be given in- open court. The testimony of witnesses shall be given orally in open court and under oath or aff

2. Testimony in superior courts to be reduced to writing.In superior courts the testimony of each witness shall be taken in shor
tions put to the witness and his answers thereto being included. If a question put is objected to and the objection is ruled on, the
a witness declines to answer a question put, the fact and the proceedings taken thereon shall be entered in the record. A transcr
be prima facie a correct statement of such testimony and proceedings.

3. Witness bound to answer. Exceptions. A witness must answer questions pertinent to the matters at issue, though his answer
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
h the fact at issue would be presumed. But a witness must answer to the fact of his previous conviction for an offense.

4. Order in the examination of an individual witness.The order in which an individual witness may be examined is as follows:

irect examination by the proponent;

ross-examination by the opponent;

e-direct examination by the proponent;

e-cross-examination by the opponent.

5. Direct examination; leading questions not allowed.A question which suggests to the witness the answer which the examinin
pt on preliminary matters, or when there is difficulty in getting direct and intelligible answers from the witness who is ignorant,

6. Direct examination of unwitting or hostile witnesses.A party may interrogate any unwilling or hostile witness by leading que
te corporation or of a partnership or association which is an adverse party, and interrogate him by leading questions and contrad
ess thus called may be contradicted and impeached by or on behalf of the adverse party also, and may be cross-examined by the

7. Party may not impeach his own witness. Subject to the provisions of the preceding section, the party producing a witness is
ence, 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 s

8. Cross-examination, its purpose and extent Leading, but not misleading, questions, allowed. Upon the termination of the dire
d in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness an
ssue. On cross-examination, leading, but not misleading, questions, are allowed.

9. Right to inspect writing shown to witness. Whenever a writing is shown to a witness, it may be inspected by the opposite pa

10. When witness may refer to memorandum. A witness may be allowed to refresh his memory respecting a fact, by anything w
after, 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
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 w
ng correctly stated the transaction when made; but such evidence must be received with caution.

11. When part of transaction or writing given in evidence, the remainder admissible. When part of an act, declaration, convers
red into by the other, and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declarat

12. Re-direct examination; its purpose and extent. After the cross-examination of the witness has been concluded, he may be r
-examination. On re-direct examination, questions on matters not dealt with during the cross-examination, may be allowed by th

13. Re-cross-examination.Upon the conclusion of the re-direct examination, the adverse party may re-cross-examine the witne
ed by the court in its discretion.

14. Recalling witness.After the examination of a witness by both sides has been concluded, the witness cannot be recalled with
ce may require.

15. Impeachment of adverse party's witness. A witness may be impeached by the party against whom he called, by contradicto
ence that he has made at other times statements inconsistent with his present testimony, but not by evidence of particular wrong
ment, that he has been convicted of an offense.
16. How witness impeached by evidence of inconsistent statements.Before a witness can be impeached by evidence that he ha
lated to him, with the circumstances of the times and places and the persons present, and he must be asked whether he made su
n to the witness before any question is put to him concerning them.

17. Evidence of good character of witness. Evidence of the good character of a witness is not admissible until such character ha

18. Exclusion and separation of witnesses. On any trial or hearing, the judge may exclude from the court any witness not at the
also cause witnesses to be kept separate and to be prevented from conversing with one another until all shall have been examin

19. Right of witness to protection. It is the right of a witness to be protected from irrelevant, improper, or insulting questions,
re it; and to be examined only as to matters pertinent to the issue.

B. AUTHENTICATION AND PROOF OF DOCUM

20. Public and private writings.The following writings are public:

he written acts or records of the acts of the sovereign authority, of official bodies and tribunals, of public officers, legislative, jud

ublic records, kept in the Philippines, of private writings.

her writings are private.

21. Private writing, its execution and authenticity, how proved. Before any private writing may be received in evidence, its due

y anyone who saw the writing executed;

y evidence of the genuineness of the handwriting of the maker; or

y a subscribing witness.

22. Evidence of execution not necessary. Where a private writing is more than thirty years old, is produced from a custody in w
mstances of suspicion, no other evidence of its execution and authenticity need be given.

23. Handwriting, how proved.The handwriting of a person may be proved by any witness who believes it to be the handwriting
h the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person. Evidence respectin
ngs admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction

24. Public documents as evidence.Public instruments are evidence, even against a third person, of the fact which gave rise to t

25. Proof of public or official record.An official record or an entry therein, when admissible for any purpose, may be evidenced
ecord, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the c
e by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign serv
enticated by the seal of his office.

26. What attestation of copy must state.Whenever a copy of a writing is attested for the purpose of evidence, the attestation m
e 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 co

27. Irremovability of public record.The record of a conveyance of real property, or any other record a transcript of which is adm
court where the inspection of the record is essential to the just determination of the case pending or the court is sitting in the sam

28. Public record of a private writing.An authorized public record of a private writing may be proved by the original record, or b
officer has the custody.

29. Proof of lack of record.A written statement signed by an officer having the custody of an official record or by his deputy tha
ffice, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such reco
30. How judicial record may be impeached. Any judicial record may be impeached by evidence of a want of jurisdiction in the co
d, in respect to the proceedings.

31. Proof of real estate title, and other private writings, when acknowledged.Every instrument conveying or affecting real prop
her with the certificate of the acknowledgment or proof, be read in evidence without further proof. In the case of other private w
ded by law for the acknowledgment or proof of instruments conveying real property, the certificate of such acknowledgment or p
eyance of real property.

32. Alterations in writing, how to explain. The party producing a writing as genuine which has been altered and appears to hav
lteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the p
hange the meaning or language of the instrument. If he do that, he may give the writing in evidence, but not otherwise.

33. Seal.There shall be no difference in legal effect between sealed and unsealed private writings.

34. Documentary evidence in an unofficial language.Documents written in an unofficial language shall not be admitted as evide
d interruption of proceedings, parties or their attorneys are directed to have such translation prepared before trial.

C. OFFER AND OBJECTION

35. Offer of evidence.The court shall consider no evidence which has not been formally offered. The purpose for which the evid

36. Objection.Objection to evidence shall be made as soon as the grounds therefor shall become reasonably apparent. The grou

37. Repetition of objection unnecessary.A single objection to a class of evidence when first offered is sufficient, and need not b

38. Ruling.The ruling of the court must be given immediately after the objection is made, unless the court desires to take a rea
g 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

Rule 133

WEIGHT AND SUFFICIENCY OF EVIDEN

on 1. Preponderance of evidence, how determined.In civil cases, the party having the burden of proof must establish his case b
ence on the issues involved lies, the court may consider all the facts and circumstances of the case, the witnesses' manner of test
ying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of int
The court may also consider the number of witnesses, though the preponderance is not necessarily with the greatest number.

2. Proof beyond reasonable doubt.In a criminal case, the defendant is entitled to an acquittal, unless his guilt is shown beyond
ding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces co

3. Extrajudicial confession, not sufficient ground for conviction. An extrajudicial confession made by an accused, shall not be su

4. Evidence necessary in treason cases.No person charged with treason shall be convicted unless on the testimony of two witne

5. Circumstantial evidence, token sufficient.Circumstantial evidence is sufficient for conviction if:

here is more than one circumstance;

he facts from which the inferences are derived are proven; and

he combination of all the circumstances is such as to produce a conviction beyond a reasonable doubt.

6. Power of the court to stop further evidence.The court may stop the introduction of further testimony upon any particular poi
onably expected to be additionally persuasive. But this power should be exercised with caution.

7. Evidence on motion.When a motion is based on facts not appearing of record the court may hear the matter on affidavits or d
d wholly or partly on oral testimony or depositions.

Rule 134

PERPETUATION OF TESTIMONY

on 1. Petition.A person who desires to perpetuate his own testimony or that of another person regarding any matter that may b
nce of the residence of any expected adverse party.

2. Contents of petition.The petition shall be entitled in the name of the petitioner and shall show: (a) that the petitioner expect
e it to be brought; (b) the subject matter of the expected action and his interest therein; (c) the facts which he desires to establi
ription of the persons he expects will be adverse parties and their addresses so far as known; and (e) the names and addresses o
each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the pe

3. Notice and service.The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adve
ime and place named therein, for the order described in the petition. At least twenty (20) days before the date of hearing the no

4. Order and examination.If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justic
pecifying the subject matter of the examination, and whether the depositions shall be taken upon oral examination or written in
ng.

5. Reference to court.For the purpose of applying Rule 24 to depositions for perpetuating testimony, each reference therein to
on for such deposition was filed.

6. Use of deposition.If a deposition to perpetuate testimony is taken under this rule, or if, although not so taken, it would be ad
equently brought in accordance with the provisions of sections 4 and 5 of Rule 24.

7. Depositions pending appeal.If an appeal has been taken from a judgment of the Court of First Instance or before the taking o
ment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further
make a motion in the said Court of First Instance for leave to take the depositions, upon the same notice and service thereof as i
ons to be examined and the substance of the testimony which he expects to elicit from each; and (b) the reason for perpetuating
e or delay of justice, it may make an order allowing the depositions to be taken, and thereupon the depositions may be taken an
sitions taken in actions pending in the Court of First Instance.

Rule 135

POWERS AND DUTIES OF COURTS AND JUDICIAL

on 1. Courts always open; justice to be promptly and impartially administered.Courts of justice shall always be open, except on
otions, and for the issuance of orders or rendition of judgments. Justice shall be impartially administered without unnecessary de

2. Publicity of proceedings and records. The sitting of every court of justice shall be public, but any court may, in its discretion,
sion in the interest of morality or decency. The records of every court of justice shall be public records and shall be available for
lerk having custody of such records, unless the court shall, in any special case, have forbidden their publicity, in the interest of m

3. Process of superior courts enforced throughout the Philippines.Process issued from a superior court in which a case is pendi
ment of the court, may be enforced in any part of the Philippines.

4. Process of inferior courts.The process of inferior courts shall be enforceable within the province where the municipality or ci
pt with the approval of the judge of first instance of said province, and only in the following cases:

When an order for the delivery of personal property lying outside the province is to be complied with;

When an attachment of real or personal property lying outside the province is to be made;

When the action is against two or more defendants residing in different provinces; and
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 th

of execution issued by inferior courts may 1 enforced in any part of the Philippines without any previous approval of the judge o

nal process may be issued by a justice of the peace or other inferior court, to be served outside his province, when the district ju
ce require such service.

5. Inherent powers of courts.Every court shall have power:

o preserve and enforce order in its immediate presence;

o enforce order in proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its a

o compel obedience to its judgments, orders and processes, and to the lawful orders of a judge out of court, in a case pending th

o control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with

o compel the attendance of persons to testify in a case pending therein;

o administer or cause to be administered oaths in a case pending therein, and in all other cases where it may be necessary in the

o amend and control its process and orders so as to make them conformable to law and justice;

o 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

6. Means to carry jurisdiction into effect.When by law jurisdiction is conferred on a court or judicial officer, all auxiliary writs, p
er; and if the procedure to be followed in the exercise of such jurisdiction is not specifically Pointed out by law or by these rules,
of said law or rules.

7. Trials and hearings; orders in chambers. All trials upon the merits shall be conducted in open court and so far as convenient in
mbers, without the attendance of the clerk or other court officials.

8. Interlocutory orders out of province.A judge of first instance shall have power to hear and determine, when within the distri
e 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 o
deem convenient.

9. Signing judgments out of province. Whenever a judge appointed or assigned in any province or branch of a Court of First In
diction, or by expiration of his temporary assignment, without having decided a case totally heard by him and which was argued
are and sign his decision in said case anywhere within the Philippines. He shall send the same by registered mail to the clerk of t
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 bee
mmendation of the respective district judge, may also authorize the judge who has partly heard the case, if no other judge had h
pointment i another court of equal jurisdiction.

RULE 136

COURT RECORD AND GENERAL DUTIES OF CLERKS AND

on 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,
reme Court" and within the lower portion the words "Republic of the Philippines its size not to exceed 7/8 of the Great Seal, or

eal of the Court of Appeals shall be the same as that of the Supreme Court with the only difference that it shall bear, running fro

eal of the Court of First Instance shall be the same as that of the Supreme Court with the only difference that it shall bear, runni
r outside edge, the name of the province, and in the center, the word "Philippines."

2. Style of process. Process shall be under the seal of the court from which it issues, be styled "Republic seal of the Philippines
d.

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 e
als shall keep office at Manila and all papers authorized or required to be filed therein shall be filed at Manila.

4. Issuance by clerk of process.The clerk of a superior court shall issue under the seal of the court all ordinary writs and proces
rtaining to the court or judge only; and may, under the direction of the court or judge, make out and sign letters of administratio
ourt.

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 duti
rs 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
ng to them, or to the settlement of the estates of deceased persons, or to guardianships, trusteeships, or receiverships, and fort
on to the same, if the judge shall direct him to make findings and include the same in his report.

6. Clerk shall receive papers and prepare minutes. The clerk of each superior court shall receive and file all pleadings and other
d all of the sessions of the court and enter its proceedings for each day in a minute book to be kept by him.

7. Safekeeping of property.The clerk shall safely keep all records, papers, files, exhibits and public property committed to his ch

8. General docket.The clerk shall keep a general docket, each page of which shall be numbered and prepared for receiving all th
hich they were received, and, under the heading of each case and a complete title thereof, the date of each paper filed or issued,
ence to a single page the history of the case may be seen.

9. Judgment and entries book.The clerk shall keep a judgment book containing a copy of each judgment rendered by the court
r entries of all final judgments or orders of the court.

10. Execution book.The clerk shall keep an execution book in which he or his deputy shall record at length in chronological orde

11. Certified copies.The clerk shall prepare, for any person demanding the same, a copy certified under the seal of the court of
cribed by these rules.

12. Other books and duties.The clerk shall keep such other books and perform such other duties as the court may direct.

13. Index; separating cases.The general docket, judgment book, entries book and execution book shall each be indexed in alph
keep two or more of either or all of the books and dockets above mentioned, separating civil from criminal cases, or actions from

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 excep
rovincial fiscal or his deputy, and the attorneys de oficio shall be permitted, upon proper receipt, to withdraw from the clerk's of

15. Unprinted papers.All unprinted documents Presented to the superior courts of the Philippines shall be written on paper of g
ng 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 secon
one original and two carbons at one time, will be accepted, provided that such paper is of the required size and of good quality.
ments shall be written double-spaced. One side only of the page will be written upon, and the different sheets will be sewn toget
diente, and they must not be doubled.

16. Printed papers.All papers required by these rules to be printed shall be printed with black ink on unglazed paper, with page
er than twelve point. The paper used shall be of sufficient weight to prevent the printing upon one side from being visible upon t

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
noon 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
h such notes are received by him. When such notes are transcribed the transcript shall be delivered to the clerk, duly initialed on

never requested by a party, any statement made by a judge of first instance, or by a commissioner, with reference to a case bein
ch case, shall be made of record in the stenographic notes.

18. Docket and other records of inferior courts. Every justice of the peace and municipal judge shall keep a well-bound book la
he title of the case including- the names of all the parties;

he nature of the case, whether civil or criminal, and if the latter, the offense charged;

he date of issuing preliminary and intermediate process including orders of arrest and subpoenas, and the date and nature of the

he date of the appearance or default of the defendant;

he date of presenting the plea, answer, or motion to quash, and the nature of the same;

he minutes of the trial, including1 the date thereof and of all adjournments;

he names and addresses of all witnesses;

he date and nature of the judgment, and, in a civil case, the relief granted;

n itemized statement of the costs;

he date of any execution issued, and the date and contents of the return thereon;

he date of any notice of appeal filed, and the name of the party filing the same.

tice of the peace or municipal judge may keep two dockets, one for civil and one for criminal cases. He shall also keep all the ple
et entries and other records proper to be certified, for the fees prescribed by these rules. It shall not be necessary for the justice
ccused in Preliminary investigations.

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

ocket of proceedings in cases before ____________________________

____________________________, justice of the peace (or municipal

e) of the municipality (or city) of ________________________,

e province of ______________________________________, Republic

e Philippines.

ess my signature,

_______________________________

ice of the Peace (or Municipal Judge)

Rule 137

DISQUALIFICATION OP JUDICIAL OFFIC

on 1. Disqualification of judges.No judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily in
ixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law, o
ded in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest

ge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than thos
2. Objection that judge disqualified, how made and effect.If it be claimed that an official is disqualified from sitting as above pr
ng the grounds therefor, and the official shall thereupon proceed with the trial, or withdraw therefrom, in accordance with his de
ng 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

Rule 138

ATTORNEYS AND ADMISSION TO BAR

on 1. Who may practice law. Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in acc
ice law.

2. Requirements for all applicants for admission to the bar.Every applicant for admission as a member of the bar must be a citiz
e Philippines; and must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges ag
ppines.

3. Requirements for lawyers who are citizens of the United States of America.Citizens of the United States of America who, befo
s of the Philippines and in good and regular standing as such may, upon satisfactory proof of those facts before the Supreme Cou

____________________________, having been permitted to continue in the practice of law in the Philippines, do solemnly swea
titution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor conse
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 law
s as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So

4. Requirements for applicants from other jurisdictions.Applicants for admission who, being Filipino citizens, are enrolled attor
als or district court therein, or in the highest court of any State or Territory of the United States, and who can show by satisfacto
ice began before July 4, 1946, and that they have never been suspended or disbarred, may, in the discretion of the Court, be adm

5. Additional requirements for other applicants. All applicants for admission other than those referred to in the two preceding s
arly studied law for four years, and successfully completed all prescribed courses, in a law school or university, officially approv
tificate from the university or school of law, shall be filed as evidence of such facts, and further evidence may be required by the

pplicant shall be admitted to the bar examinations unless he has satisfactorily completed the following courses in a law school or
nal law, public and private international law, political law, labor and social legislation, medical jurisprudence, taxation and legal

6. Pre-Law.No applicant for admission to the bar examination shall be admitted unless he presents a certificate that he has sat
factorily completed in an authorized and recognized university or college, requiring for admission thereto the completion of a fou
iences with any of the following subjects as major or field of concentration: political science, logic, english, Spanish, history and

7. Time for filing proof of qualifications. All applicants for admission shall file with the clerk of the Supreme Court the evidence
mination. If not embraced within sections 3 and 4 of this rule they shall also file within the same period the affidavit and certificat
encing the fact of their admission to practice, satisfactory evidence that the same has not been revoked, and certificates as to the
age, residence, and citizenship.

8. Notice of applications.Notice of applications for admission shall be published by the clerk of the Supreme Court in newspape
xamination.

9. Examination; subjects.Applicants, not otherwise provided for in sections 3 and 4 of this rule, shall be subjected to examinati
Political Law (Constitutional Law, Public Corporations, and Public Officers) ; International Law (Private and Public); Taxation; R
cises (in Pleading and Conveyancing).

10. Bar examination, by questions and answers, and in writing. Persons taking the examination shall not bring papers, books o
thereof, in English or Spanish, shall be given to each examinee. Examinees shall answer the questions personally without help fr

verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers with
ering the questions. Only noiseless typewriters shall be allowed to be used.
 ommittee of bar examiners shall take such precautions as are necessary to prevent the substitution of papers or commission of
mination shall be given.

11. Annual examination.Examinations for admission to the bar of the Philippines shall take place annually in the City of Manila.
miners. The subjects shall be distributed as follows: First day: Political and International Law (morning) and Labor and Social Leg
antile Law (morning) and Criminal Law (afternoon) ; Fourth day: Remedial Law (morning) and Legal Ethics and Practical Exercis

12. Committee of examiners.Examinations shall be conducted by a committee of bar examiners to be appointed by the Supreme
man, and who shall be designated by the court to serve for one year, and eight members of the bar of the Philippines, who shall
shed in each volume of the official reports.

13. Disciplinary measures. No candidate shall endeavor to influence any member of the committee, and during examination the
tance. The candidate who violates this provision, or any other provision of this rule, shall be barred from the examination, and th
ualification, may be taken in the discretion of the court.

14. Passing average.In order that a candidate may be deemed to have passed his examinations successfully, he must have obta
ect. In determining the average, the subjects in the examination shall be given the following relative weights: Civil Law, 15 per ce
Political and International Law, 15 per cent; Taxation, 10 per cent; Remedial Law, 20 per cent; Legal Ethics and Practical Exercis

15. Report of the committee; filing of examination papers. Not later than February 15th after the examination, or as soon there
mination. The examination papers and notes of the committee shall be filed with the clerk and may there be examined by the part

16. Failing candidates to take review course. Candidates who have failed the bar examinations for three times shall be disqual
enrolled in and passed regular fourth year review classes as well as attended a pre-bar review course in a recognized law schoo

professors of the individual review subjects attended by the candidates under this rule shall certify under oath that the candidate
ary students and the ratings obtained by them in the particular subject.

17. Admission and oath of successful applicants. An applicant who has passed the required examination, or has been otherwise
orresponding oath of office.

18. Certificate.The Supreme Court shall thereupon admit the applicant as a member of the bar for all the courts of the Philippin
ch record be given to him by the clerk of court, which certificate shall be his authority to practice.

19. Attorneys' roll.The clerk of the Supreme Court shall keep a roll of all attorneys admitted to practice, which roll shall be sign

20. Duties of attorneys.It is the duty of an attorney:

o maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines.

o observe and maintain the respect due to the courts of justice and judicial officers;

o counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be h

o employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, an
w;

o maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compens
oval;

o abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless

ot to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any co

ever to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;

n the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of t
ved of life or liberty, but by due process of law.
21. Authority of attorney to appear.An attorney is presumed to be properly authorized to represent any cause in which he appe
t, but the presiding judge may, on motion of either party and on reasonable grounds therefor being shown, require any attorney
ars, and to disclose, whenever pertinent to any issue, the name of the person who employed him, and may thereupon make such
oyed, unless by leave of the court, may be punished for contempt as an officer of the court who has misbehaved in his official tra

22. Attorney who appears in lower court presumed to represent client on appeal.An attorney who appears de parte in a case be
a formal petition withdrawing his appearance in the appellate court.

23. Authority of attorneys to bind clients. Attorneys have authority to bind their clients in any case by any agreement in relatio
edure. But they cannot, without special authority, compromise their client's litigation, or receive anything in discharge of a client

24. Compensation of attorneys; agreement as to fees.An attorney shall be entitled to have and recover from his client no more
er of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound
gard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the

25. Unlawful retention of client's funds; contempt.When an attorney unjustly retains in his hands money of his client after it ha
ehaved in his official transactions; but proceedings under this section shall not be a bar to a criminal prosecution.

26. Change of attorneys.An attorney may retire at any time from any action or special proceeding, by the written consent of his
out the consent of his client, should the court, on notice to the client and attorney, and on hearing, determine that he ought to be
ed 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.

ent may at any time dismiss his attorney or substitute another in his place, but if the contract between client and attorney has be
ntitled to recover from the client the full compensation stipulated in the contract. However, the attorney may, in the discretion of
ney shall have a lien upon all judgments for the payment of money, and executions issued in pursuance of such judgment, rende

27. Attorneys removed or suspended by Supreme Court on what grounds.A member of the bar may be removed or suspended f
onduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any viol
bedience of any lawful order of a superior court, or for corruptly or wilfully appearing as an attorney for a party to a case without
onally or through paid agents or brokers, constitutes malpractice.

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
on, and after such suspension such attorney shall not practice his profession until further action of the Supreme Court in the prem

29. Upon suspension by Court of Appeals or Court of First Instance, further proceedings in Supreme Court.Upon such suspensio
t a certified copy of the order of suspension and a full statement of the facts upon which the same was based. Upon the receipt o
ved and make such order revoking or extending the suspension, or removing the attorney from his office as such, as the facts wa

30. Attorney to be heard before removal or sub-pension. No attorney shall be removed or suspended from the practice of his p
nst him, to produce witnesses in his own behalf, and to be heard by himself or counsel. But if upon reasonable notice he fails to a

31. Attorneys for destitute litigants.A court may assign an attorney to render professional aid free of charge to any party in a c
ney, 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
from by the court for sufficient cause shown.

32. Compensation for attorneys de oficio. Subject to availability of funds as may be provided by law the court may, in its discre
may fix in accordance with section 24 of this rule. Whenever such compensation is allowed, it shall not be less than thirty pesos
ne hundred pesos (P100) in less grave felonies; (3) Two hundred pesos (P200) in grave felonies other than capital offenses; (4)

33. Standing in court of persons authorized to appear for Government.Any official or other person appointed or designated in a
authorized member of the bar to appear in any case in which said government has an interest direct or indirect.

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
r court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a

35. Certain attorneys not to practice. No judge or other official or employee of the superior courts or of the Office of the Solicito
ts.
 36. Amicus curiae.The court may, m special cases, and upon proper application, permit the appearance, as amici curiae, of thos
initiative, invite prominent attorneys to appear as amici curiae in such special cases.

37. Attorneys' liens.An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come
and may apply such funds to the satisfaction thereof. He shall also have a lien to the same extent upon all judgments for the pay
itigation 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
ed written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over
ment of his just fees and disbursements.

Rule 139

DISBARMENT OR SUSPENSION OF ATTORN

on 1. Motion or complaint.Proceedings for the removal or suspension of attorneys may be taken by the Supreme Court on its ow
nctly, clearly, and concisely the facts complained of, supported by affidavits, if any, of persons having personal knowledge of the
tantiate said facts.

2. Service or dismissal.If the complaint appears to merit action, a copy thereof shall be served upon the respondent, requiring h
action, or if the answer shows to the satisfaction of the Supreme Court that the complaint is not meritorious, the same shall be

3. Investigation by Solicitor General.Upon the issues raised by the complaint and answer, or upon failure of the respondent to a
ficient ground to proceed with the prosecution of the respondent. In the investigation conducted by the Solicitor General, the re
lf, and to be heard by himself and counsel. However, if upon reasonable notice, the respondent fails to appear, the investigation

4. Report of the Solicitor General Based upon the evidence adduced at the hearing, if the Solicitor General finds no sufficient gr
aining his findings of fact and conclusion, whereupon the respondent shall be exonerated unless the court orders differently.

5. Complaint of the Solicitor General. Answer of respondent. If the Solicitor General finds sufficient ground to proceed against
duced in his investigation, with the Supreme Court, and the respondent shall be served by the clerk of the Supreme Court with a

6. Evidence produced before Solicitor General available. The evidence produced before the Solicitor General in his investigation
an opportunity to object and cross-examine. If in the respondent's answer no statement is made as to any intention of introducin
the expiration of the time to file the same.

7. Commissioner to investigate and recommend. Rules of evidence.Upon receipt of the respondent's answer, wherein a stateme
missioner who, in the discretion of the court, may be the clerk of the Supreme Court, a judge of first instance, or an attorney-at-la
appear before the commissioner to conduct the prosecution. The respondent shall be given full opportunity to defend himself, to
ever, if upon reasonable notice the respondent fails to appear, the investigation shall proceed ex parte. The rules of evidence sha

8. Report of commissioner and hearing.Upon receipt of the report of the commissioner, copies of which shall be furnished the S
wing which the case shall be considered submitted to the court for its final determination.

9. Procedure in Court of Appeals or Courts of First Instance.As far as may be applicable, the procedure above outlined shall like
Courts of First Instance. In case of suspension of the respondent, the judge of first instance or Justice of the Court of Appeals sh
ment of the facts upon which same is based.

10. Confidential.Proceedings against attorneys shall be private and confidential, except that the final order of the court shall be

Rule 140

CHARGES AGAINST JUDGES OF FIRST INST

on 1. Complaint.All charges against judges of first instance shall be in writing and shall set out distinctly, clearly, and concisely
ondent, and shall be sworn to and supported by affidavits of persons who have personal knowledge of the facts therein alleged, a
2. Service or dismissal.If the charges appear to merit action, a copy thereof shall be served upon the respondent, requiring him
answer shows to the satisfaction of the court that the charges are not meritorious, the same shall be dismissed.

3. Answer; hearing.Upon the filing of respondent's answer, or upon the expiration of the time for its filing, the court shall assig
earing of the charges. The Justice or judge so assigned shall set a day for the hearing, and notice thereof shall be served on both

4. Report. After the hearing, the Justice or judge shall file with the Supreme Court a report of his findings of tact and conclusio

5. Action. After the filing of the report, the court will take such action as the facts and the law may warrant.

6. Confidential.Proceedings against judges of first instance shall be private and confidential.

Rule 141

LEGAL FEES

on 1. Persons authorized to collect legal fees. Except as otherwise provided in this rule, the officers and persons hereinafter m
ral fees hereinafter mentioned and allowed for any business by them respectively done by virtue of their several offices, and no m

2. Clerks of the Court of Appeals and of the Supreme Court. (a) For filing an action, proceeding, records on appeal, entering app
se on all proper dockets, and indexing the same, entering, recording and certification of judgment to the lower court, taxing the
pinion of the court, and issuing all necessary process in the action or proceeding not herein otherwise provided for, each action o

or furnishing transcripts of the record or copies of any record, judgment, or entry of which any person is entitled to demand and

or each certificate not on process, one peso (P1.00) ;

or every search for anything above a year's standing and reading the same, one peso (P1.00) ;

or 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
ms in excess of two thousand pesos, and one-eighth of one per cent on all sums in excess of twenty thousand pesos.

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
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
ved, and amount received. If the fees are not paid, the court may refuse to proceed with the action until they are paid and may d

4. Fees of bar candidates. (a) For filing the application for admission to the bar, whether admitted to the examination or not, P

or the certificate of admission to the bar, after taking the attorney's oath, P100.00.

5. Clerks of Courts of First Instance. (a) For filing an action or proceeding, or a permissive counterclaim or cross-claim not aris
plaint in intervention and for all services in the same, if the sum claimed, exclusive of interest, or the value of the property in litig

1. Less than P200.00

2. P200 or more but less than P600

3. P600 or more but less than P3,000

4. P3,000 or more but less than P5,000

5. P5,000 or more but less than P20,000 -
6. P20,000 or more but less than P50,000
7. P50,000 or more but less than P100,000
8. 100,000 or more but less than P150.000
 9. And for each P1,000 in excess of P150,000
10. When the value of the case can not be estimated
11. When the case does not concern property(naturalization, adoption, legal separation, etc.)
12. In forcible entry and illegal detainer cases appealed from inferior courts

e case concerns real estate, the assessed value thereof shall be considered in computing the fees.

se the value of the property or estate or the sum claimed is less or more in accordance with the appraisal of the court, the differe

or certifying the official act of a justice of the peace or other certificate, with seal, two pesos.

or certified copies of any paper, record, decree, judgment of entry of which any person is entitled to demand and receive a copy,

or the services of all clerks of court in the performance of their duties in all criminal proceedings, thirty-two pesos shall be collec

or all clerical services in the allowance of wills, granting letters of administration, appointment of guardians, trustees, settlemen
ocutory orders and judgments therein, filing of inventory and appraisements, and for all other work as clerk pertaining to any on
erty involved in the proceedings as follows:

1. Less than P3,000

2. P3,000 or more but less than P5,000
3. P5,000 or more but Jess than P10,000
4. P10,000 or more but less than P30,000
5. P30,000 or more but less than P50,000
6. P50,000 or more but less than P75,000.
7. P75,000 or more but less than P100,000
8. P100,000 _________________________

e value of the estate as definitely appraised by the court, after deducting the amount of the claims allowed against it, is more or
ase may be.

or 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- c
ms in excess of two thousand pesos but not in excess of twenty thousand pesos, and one-eighth of one per centum on all sums i
h there be, such sum as the Supreme Court may fix.

6. Justice of the peace and municipal judges. (a) Except as provided for in section 17 of Rule 5, for each civil action or proceedi
est and costs, is:

(1) Less than P200

(2) P200 or more but less than P600
(3) P600 or more but less than P3,000
(4) P3,000 or more but less than P5,000
(5) When the case does not primarily concern property (naturalization, guardianship, adoption, legal separation, etc.)
 (6) In forcible entry and illegal detainer cases

or the performance of marriage ceremony, including issuance of certificate of marriage, two pesos.

or taking affidavit, one peso.

or taking acknowledgment, one peso and fifty centavos.

or writing and certifying depositions, including oath, per one hundred words, or fractional part thereof, forty centavos.

or certified copies of any record, per one hundred words, or fractional part thereof, forty centavos.

or stamping and registering books as required by articles nineteen and thirty-six of the Code of Commerce, each book, two pesos

or performing notarial acts for which fees are not specifically fixed in this section, the same fees which notaries public are entitle

oregoing fee bill, in English, Spanish, and the National Language shall be posted in a conspicuous place in the office of every just

7. Sheriffs, and other persons serving process. (a) For executing process, preliminary, incidental, and final of any court, for eac
h the process is returnable, ten centavos, but if the process is executed by a municipal deputy sheriff residing in the municipality
metrage;

or serving an attachment against the property of defendant, four pesos, together with a reasonable allowance to be made by the

or serving summons and copy of complaint furnished by the complainant for each defendant, four pesos, but when the defendant

or serving subpoenas, for each witness served, forty centavos, besides travel fees.

or each copy of any process necessarily deposited in the office of the registrar of deeds, twenty centavos for each one hundred w

or taking bonds or other instruments of indemnity or security for each, one peso;

or executing a writ of process to put a person in possession of real estate, four pesos;

or attending with prisoner on habeas corpus trial, one day, four pesos;

or transporting each prisoner on habeas corpus or otherwise, when required, for every kilometer going and returning, twenty cen

or furnishing food for prisoner, for each day, one peso;

or advertising sale, besides printer's charge, two pesos;

or taking inventory of goods levied upon, to be charged only when the inventory is necessary, a sum fixed by the court not excee

For levying- an execution on property, four pesos;

or money actually collected by him by order, execution, attachment, or any other process, the following sums, to wit: On the firs
per centum; on all sums between four hundred pesos and two thousand pesos, one per centum; on all sums in excess of two thou

8. Stenographers.Stenographers shall give certified transcript of notes taken by them to every person requesting same upon pa
ppeal is taken and (b) thirty centavos for the same page, after the filing of the appeal.

9. Notaries.No notary public shall charge or receive for any service rendered by him any fee, remuneration or compensation ex

or protests of drafts, bills of exchange, or promissory notes for non-acceptance or non-payment, and for notice thereof, six peso

or the registration of such protest and filing or safekeeping of same, three pesos;
 or authenticating powers of attorney, three pesos;

or sworn statement concerning correctness of any account or other document, two pesos;

or each oath or affirmation, one peso and sixty centavos;

or receiving evidence of indebtedness to be sent outside, three pesos;

or issuing a certified copy from his register and attesting its correctness, four pesos;

or issuing a certified copy of all or part of his notarial records or receiving depositions, for each one hundred words, sixty centav

or acknowledging other documents not enumerated in this section, three pesos. However, the total amount which a notary may c

10. Other officers taking depositions. Other officers taking depositions shall receive the same compensation as above provided

11. Witness fees. (a) Witnesses in the Supreme Court, in the Court of Appeals and in Courts of First Instance, either in actions o
meter of travel in going to the place of trial and coming from their homes within the Philippines by the nearest route of usual trav

Witnesses before justices of the peace courts, municipal courts, and other inferior tribunals shall be allowed one peso per day and

ees 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 a
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
tend court on other business shall not be paid as witness.

12. Fees of appraisers.Appraisers appointed to appraise the estate of a ward or of a deceased person shall each receive a comp
rmance of their duties and in making their reports, which fees, in each instance, shall be paid out of the estate of the ward or de
rmance of the duties of such appraisers may likewise be allowed and paid out of the estate.

13. Fees of commissioners in eminent domain proceedings.The commissioners appointed to appraise land sought to be condem
s per day for the time actually and necessarily employed in the performance of their duties and in making their report to the cour

14. Fees of commissioners in proceedings for partition of real estate.The commissioners appointed to make partition of real es
ssarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as a part of

15. Fees, and the account thereof.The clerk, under the direction of the judge, shall keep a book in which shall be entered the ite
for which fees are payable, specifying for what business each item of fees has accrued. Receipts shall be given for all fees so rec
in actions. The book of fees kept by the clerk shall be subject to the inspection of auditing officers and others interested therein

16. Government exempt.The Republic of the Philippines is exempt from paying the legal fees provided in this rule.

RULE 142

COSTS

on 1. Costs ordinarily follow results of suit. Unless otherwise provided in these rules, costs shall be allowed to the prevailing p
r 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 R

2. When action or appeal dismissed.If an action or appeal is dismissed for want of jurisdiction or otherwise, the court neverthe

3. Costs when appeal frivolous.Where an action or an appeal is found to be frivolous, double or treble costs may be imposed on

4. False allegations.An averment in a pleading made without reasonable cause and found untrue shall subject the offending pa
r party by reason of such untrue pleading. The amount of expenses so payable shall be fixed by the judge in the trial, and taxed a

5. No costs for irrelevant matters.When the record contains any unnecessary, irrelevant, or immaterial matter, the party at who
 ed as costs any disbursement for preparing, certifying, or printing such matter.

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
nst his client.

7. Restriction of costs.If the plaintiff in any action shall recover a sum not exceeding ten pesos as debt or damages, he shall rec
stantial and important right to the plaintiff in which case full costs may be allowed.

8. Costs, how taxed.In inferior courts, the costs shall be taxed by the justice of the peace or municipal judge and included in th
days written notice given by the prevailing party to the adverse party. With this notice shall be served a statement of the items o
axation shall be made in writing, specifying the items objected to. Either party may appeal to the court from the clerk's taxation.
nforced by execution.

9. Costs in justice of the peace or municipal courts.- In an action or proceeding pending before a justice of the peace or municipa

or the complaint or answer, two pesos;

or the attendance of himself, or his counsel, or both, on the day of trial, five pesos;

or each additional day's attendance required in the actual trial of the case, one peso;

or each witness produced by him, for each day's necessary attendance at the trial, one peso, and his lawful traveling fees;

or each deposition lawfully taken by him and produced in evidence, five pesos;

or original documents, deeds, or papers of any kind produced by him, nothing;

or official copies of such documents, deeds or papers, the lawful fees necessarily paid for obtaining such copies;

he lawful fees paid by him for service of the summons and other process in the action;

he lawful fees charged against him by the judge of the court in entering and docketing and trying the action or proceeding.

10. Costs in Courts of First Instance.In an action or proceeding pending in a Court of First Instance, the prevailing party may re

or the complaint or answer, fifteen pesos;

or his own attendance, and that of his attorney, down to and including final judgment, twenty pesos;

or each witness necessarily produced by him, for each day's necessary attendance of such witness at the trial, two pesos, and hi

or each deposition lawfully taken by him, and produced in evidence, five pesos;

or original documents, deeds, or papers of any kind produced by him, nothing;

or official copies of such documents, deeds, or papers, the lawful fees necessarily paid for obtaining such copies;

he lawful fees paid by him in entering and docketing the action or recording the proceedings, for the service of any process in ac

11. Costs in Court of Appeals and in Supreme Court.In an action or proceeding pending in the Court of Appeals or in the Suprem

or his own attendance, and that of his attorney, down to and including final judgment, thirty pesos in the Court of Appeals and fi

or official copies of record on appeal and the printing thereof, and all other copies required by the rules of court, the sum actuall

ll lawful fees charged against him by the clerk of the Court of Appeals or of the Supreme Court, in entering and docketing the act

o allowance shall be made to the prevailing party in the Supreme Court or Court of Appeals for the brief or written or printed arg
f testimony is received in the Supreme Court or Court of Appeals not taken in another court and transmitted thereto, the prevailin
of as he would have been allowed for such items had the testimony been introduced in a Court of First Instance;

he lawful fees of a commissioner in an action may also be taxed against the defeated party, or apportioned as justice requires.

12. Costs when witness fails to appear.If a witness fails to appear at the time and place specified in the subpoena issued by an
e witness if the court shall determine that his failure to answer the subpoena was wilful or without just excuse.

13. Costs when person cited for examination in probate proceedings.When a person is cited, on motion of another, to appear b
he person so cited and issue execution therefor, allowing the same fees as for witnesses in Courts of First Instance.

Rule 143

APPLICABILITY OP THE RULES

e rules shall not apply to land registration, cadastral and election cases, naturalization and insolvency proceedings, and other cas
icable and convenient.

Rule 144

EFFECTIVENESS

e rules shall take effect on January 1, 1964. They shall govern all cases brought after they take effect, and also all further procee
cation would not be feasible or would work injustice, in which event the former procedure shall apply.

APPENDIX OF FORMS

e following forms, which serve as mere illustrations may be used. Substantial compliance therewith shall be sufficient.

less otherwise indicated, each pleading, motion or other paper should have the following caption and title:

REPUBLIC OF THE PHILIPPINES

HE COURT OF FIRST INSTANCE OF _____________________________

me of province)

HE JUSTICE OF THE PEACE COURT OF _____________________________

me of municipality)

plaintiff

us Case Number _____________

defendant
e Matter of __________________________

en the case is a special proceeding)

Number _____________

ch pleading, motion or other paper is to be signed by at least one attorney of record in his individual name, followed by his addre
red in place of those of the attorney.

1.COMPLAINT FOR EJECTMENT.

tiff alleges that defendant has unlawfully turned him but of possession (or unlawfully withholds from him the possession, as the
cipality

_________________________________________________________________

efore, he prays that he be restored to the possession of said premises, with damages and costs.

2.SUMMONS.

__________________________________________________, defendant.

are hereby summoned and required to file and serve your answer to the complaint copy of which is here with served upon you, w
ment by default will be taken against you for the relief demanded in the complaint.

______________, Clerk, Court

st Instance of _________________

3.ANSWER WITH DEFENSES.

FIRST DEFENSE

omplaint fails to state a claim against defendant upon which relief can be granted.

SECOND DEFENSE

fendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G. H. G. H. is alive;
ess and venue.

THIRD DEFENSE
ndant admits the allegations contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or informati
plaint; and denies the allegation contained, in paragraph 3, the true facts being the following (here set out the facts in support of

.4.ANSWER WITH COUNTERCLAIM AND CROSS-CLAIM.

ndant admits the allegations contained in paragraphs 1 and 2 of the complaint, and, as

COUNTERCLAIM

e set forth any claim as counterclaim in the same manner in which a claim is pleaded in a complaint), and, as

CROSS-CLAIM

e set forth any claim constituting the cross-claim against the defendant M. N. in the same manner in which a claim, is pleaded in

5.ANSWER WITH COUNTERCLAIM FOR INTERPLEADER

DEFENSES

ndant admits the allegations stated in paragraph 1 of the complaint; and denies the allegations stated in paragraph 2 to the exte

COUNTERCLAIM FOR INTERPLEADER

. Defendant received the sum of ten thousand pesos as a deposit from E. F.

. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received f

. E. F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the d

efore, defendant demands:

hat the court order E. F. to be made a party defendant to respond to the complaint and to this counterclaim;

hat the court order the plaintiff and E. F. to inter-plead their respective claims;

hat the court adjudge whether the plaintiff or E. F. is entitled to the sum of money;

hat the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of mo

hat the court award to the defendant its costs and attorney's fees.

b="">

ndant moves for leave to make E. F. a party to this action and that there be served upon him summons and third-party complaint
 7.THIRD PARTY COMPLAINT.

. Plaintiff A. B. has filed against defendant C. D. a complaint, copy of which is hereto attached as Exhibit C.

. (Here state the grounds upon which CD. is entitled to recover from E. F., all or part of what A. B. may recover from C. D., or up
framed as in an original complaint).

efore, C. D. demands judgments against third-party defendant E. F. for all sums that may be adjudged against defendant C. D. in

8.MOTION TO DISMISS

ndant moves:

. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted;

. To dismiss the action on the ground that it is barred by a former judgment, copy of which is hereto attached;

. To dismiss the action, on the ground of improper venue because the property in litigation is situated in the City of Iloilo.

9.MOTION TO INTERVENE AS DEFENDANT.

moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of wh
ndant, 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 d
action.

10.INTERVENOR'S ANSWER.

venor admits the allegations in paragraphs 1 and 4 of the complaint; denies the allegations in paragraph 3, and denies the allega
laintiff, the true facts being as follows (here set out the facts in support of denial).

11.MOTION FOR PRODUCTION OF DOCUMENTS.

tiff A. B. moves for an order requiring defendant C. D.:

. To produce and permit plaintiff to inspect and to copy each of the following documents:

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

. To produce and permit plaintiff to inspect and to photograph each of the following objects:

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

. To permit plaintiff to enter (here describe property to be entered) and to inspect and photograph (here describe the portion o

ndant C D. has the possession, custody, or control of each of the foregoing' documents and objects and of the above-mentioned r
ved in this action.

12.REQUEST FOR ADMISSION.

tiff A. B. requests defendant C. D. to make the following admissions for the purpose of this action only and subject to all pertinen

. That each of the following documents, exhibited with this request, is genuine. (Here list the documents and describe each of t

. That each of the following statements is true. (Here list the statements.)

13.OFFER OF COMPROMISE.

__________________________________________, the above-named

ndant, hereby offers to allow judgment to be taken against him and in favor of___________________, the above-named plaintif

w pending in this court, for the sum of _________________.pesos, with interest from__________, 19___________, together w

14.SUBPOENA.

______________________________________________., (address)

are hereby commanded to appear before the Court

st Instance of _________________________, on the _____________ day of________, 19__________, at______________ o'c

he number of the case).

ess the Honorable __________________________________________,

e of said court, this _____________ day of ____________, 19_________,

__________________________, Clerk

15.SUBPOENA DUCES TECUM.

are hereby required to appear before the Court of First Instance of

he________ day of________, 19 _________at____________ o'clock, and to bring with you into court the following (describe bo

ause there pending, wherein ___________.is plaintiff and _____________is defendant.

ess the Honorable ___________________________., judge of said court, this________________ day of_____________, 19___
_______, Clerk

16.ORDER OF ATTACHMENT.

e Sheriff (or his deputy)

nce of___________________________________________

eas_____________________, of___________________________ (or __________________________ as agent or attorney of_

___________________, Judge of the Court of First Instance of _____________________________ that ___________, of ____
_________ pesos, and that said__________________ (defendant) is a nonresident (or is about to abscond from the Philippines

eas, security has been given by the plaintiff according to these rules; We, therefore, command you that you attach the estate, re
e of the said demands and costs of suit, and that you safely keep the same according to these rules, unless the defendant gives se
ules of Court, and that you summon the said ________________________ (defendant), if to be found in your province, to appe
______, 19______________, to answer the complaint, copy of which is hereto annexed, and return this writ with your proceedin

ess my hand this ___________ day of __________, 19__________.

_____________________, Judge

17.ORDER OF EXECUTION.

e Sheriff (or his deputy)

nce of________________________________________________

are hereby commanded that, of the goods and chattels of __________________ (defendant), you cause to be made the sum of _
ution until the date of payment, at the: rate of six per centum per annum; and the further sum of ______________ pesos for cos
ncy, which______________(plaintiff) recovered in our Court of First Instance of on the day of _______, 19___________, again
to the said________________ (plaintiff) aside from your own fees on this execution, and do you likewise return this writ into c
cient personal property cannot be found whereof to satisfy this execution and lawful fees thereon, then you are commanded that
ner required by the Rules of Court, and make return of your proceedings with this writ within _____________ days from date.

ess the Honorable ___________________________________,

e of said court, this ____________ day of_________,

____________.

___________, Clerk

18.OFFICER'S RETURN OF SERVICE.

e this day served a copy of the within complaint and process upon__________________________ personally (or, state the othe

d this ____________ day of_____________, 19______________.

_____________ (Sheriff or his Deputy)

 19.OFFICER'S DEED.

W ALL MEN BY THESE PRESENTS:

whereas, an execution against ______________, of ______________, in the province (or city) of _______________, in the act
__________________, was by me, Sheriff (or Deputy) for the province (or city) of_________ on the _________ day of _______

eas, on the_________ day of_________, 19_________ all the estate, right, title, interest, and property of the said _________ (
er), sold at public auction, for the satisfaction of said execution to ______________________, of ______________________, pr
_____________ pesos which the said _______________ has since fully paid to me.

by force and virtue of the Rules of Court in such cases made and provided, I, the said _______________ (the officer), in consid
et over unto the said purchaser, his heirs, and assigns, forever, all the estate, right, title, interest, property and inheritance of th
e time of the levy thereon (or of the attachment, as the case may be).

ave and to hold the said premises and appurtenances to the said ________________________ (purchaser), his heirs and assign

tness whereof, I hereunto set my hand and seal, on this day of _______, 19_______.

nowledgement)

20.TRANSMITTAL OF RECORD BY JUSTICE OF THE PEACE OR MUNICIPAL JUDGE.

of the record of the proceedings before _______________________, justice of the peace of the municipality of_____________
ase herein set forth, to wit: (here copy the entries on the docket), and certify as follows, namely:

ppines, Province of_______________________,

_____________________, justice of the peace of said municipality (or municipal judge), certify that the foregoing is a copy of th

n under my hand this _________ day of _________, 19_________.

21.PETITION FOR LETTERS ROGATORY.

oner shows:

is the plaintiff (or defendant) in the above-entitled action;

e above action is pending and undetermined in the Court of First Instance of ________________________;

commission issued by this Court on the _________ day of _________, 19_________, to take the testimony of (here name the wi
e __________________ (name of officer), was returned unexecuted by _________________on the ground that _________, all
made a part hereof by attaching it hereto (or state other facts to show commission is inadequate ox cannot be executed).

efore, petitioner prays that this court order the issuance by the clerk of this court of letters rogatory directed to _____________
esses) on the interrogatories filed herewith and made a part hereof.

22.LETTERS ROGATORY.
Court of ___________________ (name of the court) to Judge or Tribunal having jurisdiction of Civil Causes at _______________
nce of _________________________, in which___________________ is plaintiff and____________________ is defendant, an
e testimony justice cannot completely be done between said parties.

herefore, request you that in furtherance of justice you will by the proper and usual process of your court cause such witness (o
esses are named, omit the last clause), to appear before you or some competent person by you for that purpose to be appointed
affirmations to the several interrogatories hereunto annexed; and that you will cause their depositions to be committed to writin
hall be ready and willing to do the same for you in a similar case when required.

______________________, Clerk, Court

st Instance of_____________________

23.CRIMINAL COMPLAINT.

THE PEOPLE OF THE PHILIPPINES,

plaintiff
Versus
A. B., Accused _____________________________

undersigned accuses A. B. of the crime of seduction

mitted as follows:

e set out the time and place when and where the crime is committed, and the facts constituting the offense.) Contrary to law.

plainant)

fication)

liminary investigation has been conducted in this case under my direction, having examined the witnesses under oath.

ice of the Peace)

fication)

esses:

24.INFORMATION.

THE PEOPLE OF THE PHILIPPINES, plaintiff

Versus
A. B., Accused
_____________________________

undersigned accuses A.B. of the crime of estafa committed as follows:

e set out the time and place when and where the crime complained of has been committed, and the facts constituting the offense

rary to law.
___________________________
al)

fication)

liminary investigation has been conducted in this case under my direction, having examined the witnesses under oath.

________________, Fiscal

fication)

esses:

RECOMMENDED P______________

25.PETITION FOR THE ISSUANCE OF A SEARCH WARRANT.

THE PEOPLE OF THE PHILIPPINES, plaintiff

Versus
A. B., Accused
_____________________________

APPLICATION FOR SEARCH WARRANT

undersigned (name of applicant) after having" been duly sworn, states:

at (name of the person to be searched), who may be found at (describe premises) is in possession or has in in his control (name
se; or used or intended to be used as the means of committing an offense) which he is keeping and concealing in premises above

at a search warrant should be issued to enable any agent of the law to take possession and bring to this court the following desc

efore, the undersigned prays this Honorable Court to issue a search warrant authorizing any agent of the law to search the prem
ioned above to be dealt with as the law directs.
________________ Philippines, _________ 19 _________.

__________________, Applicant

26.SEARCH WARRANT.

THE PEOPLE OF THE PHILIPPINES, plaintiff

Versus
A. B., Accused
_____________________________

NY PEACE OFFICER:

tings:

pearing to the satisfaction of the undersigned after examining under oath (name of applicant) and his witness (name of witness)
out to be committed and that there are good and sufficient reasons to believe that (name of person or persons to be searched) h
____________, (name property subject of the offense; or stolen or embezzled and other proceeds or fruits of the offense; or use
ght to the undersigned. (Cancel description not applicable.)

are hereby commanded to make an immediate search at any time in the day (or night) of the premises above described and forth
led description of the property to be seized) and bring said property to the undersigned to be dealt with as the law directs.

ess my hand this _________ day of _________, 19_________.

_____________________, Judge

27.ORDER OF ARREST.

e)

NY LAWFUL OFFICER:

are hereby commanded to arrest A. B., who is said to be at (name of place where accused resides) and who stands charged befor
ules of Court direct.

_________________________

e, Court of First Instance

________________

bond for the release of the accused in this case is fixed at P_________ which may furnished by the said accused either by deposi
court or by furnishing a personal bond subscribed by two solvent sureties whose solvency may be shown by their

tax receipts. The constabulary officers making his arrest are hereby authorized to accept either of said bond.

_______________________

e, Court of First Instance

________________

28.ATTORNEY'S OATH.

_________________________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will suppor
orities 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
ey or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as w
mental reservation or purpose of evasion. So help me God.

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