of the claimant essential to his or her cause or

causes of action.

(b) An affirmative defense is an allegation of a

Republic of the Philippines new matter which, while hypothetically
Supreme Court admitting the material allegations in the pleading
Manila of the claimant, would nevertheless prevent or
bar recovery by him or her. The affirmative
defenses include fraud, statute of limitations,
A.M. No. 19-10-20-SC release, payment, illegality, statute of frauds,
estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of
2019 PROPOSED AMENDMENTS TO THE
confession and avoidance.
1997 RULES OF CIVIL PROCEDURE

Affirmative defenses may also include grounds

for the dismissal of a complaint, specifically, that
RULE 6 KINDS OF PLEADINGS the court has no jurisdiction over the subject
matter, that there is another action pending
Section 1. Pleadings defined. - Pleadings are the between the same parties for the same cause, or
written statements of the respective claims and that the action is barred by a prior judgment. (5a)
defenses of the parties submitted to the court for
appropriate judgment. Section 6. Counterclaim. — A counterclaim is
(1) any claim which a defending party may have
against an opposing party. (6)
Section 2. Pleadings allowed. - The claims of a
party are asserted in a complaint, counterclaim, Section 7. Compulsory counterclaim. — A
cross-claim, third (fourth, etc.)-party complaint, compulsory counterclaim is one which, being
or complaint-inintervention. cognizable by the regular courts of justice, arises
out of or is connected with the transaction or
The defenses of a party are alleged in the answer occurrence constituting the subject matter of the
to the pleading asserting a claim against him or opposing party's claim and does not require for
her. its adjudication the presence of third parties of
whom the court cannot acquire jurisdiction. Such
An answer may be responded to by a reply only a counterclaim must be within the jurisdiction of
if the defending party attaches an actionable the court both as to the amount and the nature
document to the answer. (2a) thereof, except that in an original action before
the Regional Trial Court, the counterclaim may
be considered compulsory regardless of the
Section 3. Complaint. - The complaint is the
amount. A compulsory counterclaim not raised in
pleading alleging the plaintiff’s or claiming
the same action is barred, unless otherwise
party’s cause or causes of action. The names and
allowed by these Rules. (7a)
residences of the plaintiff and defendant must be
stated in the complaint. (3a)
Section 8. Cross-claim. - A cross-claim is any
claim by one party against a co-party arising out
Section 4. Answer. - An answer is a pleading in
of the transaction or occurrence that is the
which a defending party sets forth his or her
subject matter either of the original action or of a
defenses. (4a)
counterclaim therein. Such cross-claim may
cover all or part of the original claim. (8a)
Section 5. Defenses. — Defenses may either be
negative or affirmative.
Section 9. Counter-counterclaims and counter-
cross-claims. — A counterclaim may be asserted
(a) A negative defense is the specific denial of against an original counter-claimant.
the material fact or facts alleged in the pleading
 Section 13. Answer to third (fourth, etc.)-party
A cross-claim may also be filedcomplaint.
against an — A third (fourth, etc.)party
original cross-claimant. (9) defendant may allege in his or her answer his or
her defenses, counterclaims or cross-claims,
Section 10. Reply. — All new matters alleged in including such defenses that the third (fourth,
the answer are deemed etc.)-party plaintiff may have against the original
controverted. If the plaintiff wishes to interpose plaintiff's claim. In proper cases, he or she may
any claims arising out of the new matters so also assert a counterclaim against the original
alleged, such claims shall be set forth in an plaintiff in respect of the latter's claim against the
amended or supplemental complaint. However, third-party plaintiff. (13a)
the plaintiff may file a reply only if the
defending party attaches an actionable document
to his or her answer. RULE 7 PARTS AND CONTENTS OF A
PLEADING
A reply is a pleading, the office or function of
which is to deny, or allege facts in denial or Section 1. Caption. — The caption sets forth the
avoidance of new matters alleged in, or relating name of the court, the title of the action, and the
to, said actionable document. docket number if assigned.

In the event of an actionable document attached The title of the action indicates the names
to the reply, the defendant may file a rejoinder if of the parties. They shall all be named in the
the same is based solely on an actionable original complaint or petition; but in subsequent
document. (10a) pleadings, it shall be sufficient if the name of the
first party on each side be stated with an
Section 11. Third, (fourth, etc.)-party appropriate indication when there are other
complaint. — A third (fourth, etc.)-party parties.
complaint is a claim that a defending party may,
with leave of court, file against a person not a Their respective participation in the case
party to the action, called the third (fourth, etc.)- shall be indicated. (1)
party defendant for contribution, indemnity,
subrogation or any other relief, in respect of his Section 2. The body. — The body of the pleading
or her opponent's claim. sets forth its designation, the allegations of the
party's claims or defenses, the relief prayed for,
The third (fourth, etc.)-party complaint shall be and the date of the pleading.
denied admission, and the court shall require the
defendant to institute a separate action, where: (a) Paragraphs. — The allegations in the
(a) the third (fourth, etc.)party defendant cannot body of a pleading shall be divided into
be located within thirty (30) calendar days from paragraphs so numbered to be readily
the grant of such leave; (b) matters extraneous to identified, each of which shall contain a
the issue in the principal case are raised; or (c) statement of a single set of
the effect would be to introduce a new and circumstances so far as that can be done
separate controversy into the action. (11a) with convenience. A paragraph may be
referred to by its number in all
Section 12. Bringing new parties. — When the succeeding pleadings.
presence of parties other than those to the
original action is required for the granting of (b) Headings. — When two or more causes
complete relief in the determination of a of action are joined, the statement of the
counterclaim or cross-claim, the court shall order first shall be prefaced by the words "first
them to be brought in as defendants, if cause of action,'' of the second by
jurisdiction over them can be obtained. (12) "second cause of action", and so on for
the others.
 When one or more paragraphs in the (c) If the court determines, on motion or motu
answer are addressed to one of several proprio and after notice and hearing, that this
causes of action in the complaint, they shall rule has been violated, it may impose an
be prefaced by the words "answer to the first appropriate sanction or refer such violation to the
cause of action" or "answer to the second proper office for disciplinary action, on any
cause of action" and so on; and when one or attorney, law firm, or party that violated the rule,
more paragraphs of the answer are addressed or is responsible for the violation. Absent
to several causes of action, they shall be exceptional circumstances, a law firm shall be
prefaced by words to that effect. held jointly and severally liable for a violation
committed by its partner, associate, or employee.
(c) Relief. — The pleading shall specify the The sanction may include, but shall not be
relief sought, but it may add a general limited to, non-monetary directive or sanction; an
prayer for such further or other relief as order to pay a penalty in court; or, if imposed on
may be deemed just or equitable. motion and warranted for effective deterrence, an
order directing payment to the movant of part or
all of the reasonable attorney’s fees and other
(d) Date. — Every pleading shall be dated.
expenses directly resulting from the violation,
(4)
including attorney’s fees for the filing of the
motion for sanction. The lawyer or law firm
Section 3. Signature and address. — (a) Every cannot pass on the monetary penalty to the client.
pleading and other written submissions to the (3a)
court must be signed by the party or counsel
representing him or her.
Section 4. Verification. — Except when
otherwise specifically required by law or rule,
(b) The signature of counsel constitutes a pleadings need not be under oath or verified.
certificate by him or her that he or she has read
the pleading and document; that to the best of his
A pleading is verified by an affidavit of an
or her knowledge, information, and belief,
affiant duly authorized to sign said verification.
formed after an inquiry reasonable under the
The authorization of the affiant to act on behalf
circumstances:
of a party, whether in the form of a secretary’s
certificate or a special power of attorney, should
(1) It is not being presented for any improper be attached to the pleading, and shall allege the
purpose, such as to harass, cause following attestations:
unnecessary delay, or needlessly increase
the cost of litigation;
(a) The allegations in the pleading are true
and correct based on his or her personal
(2) The claims, defenses, and other legal knowledge, or based on authentic
contentions are warranted by existing law documents;
or jurisprudence, or by a non-frivolous
argument for extending, modifying, or
(b) The pleading is not filed to harass, cause
reversing existing jurisprudence;
unnecessary delay, or needlessly increase
the cost of litigation; and
(3) The factual contentions have evidentiary
support or, if specifically so identified,
(c) The factual allegations therein have
will likely have evidentiary support after
evidentiary support or, if specifically so
availment of the modes of discovery
identified, will likewise have evidentiary
under these rules; and
support after a reasonable opportunity for
discovery.
(4) The denials of factual contentions are
warranted on the evidence or, if
The signature of the affiant shall further serve as
specifically so identified, are reasonably
a certification of the truthfulness of the
based on belief or a lack of information.
allegations in the pleading.
A pleading required to be verified that contains a (a) Names of witnesses who will be presented to
verification based on “information and belief,” or prove a party’s claim or defense;
upon “knowledge, information and belief,” or
lacks a proper verification, shall be treated as an (b) Summary of the witnesses’ intended
unsigned pleading. (4a) testimonies, provided that the judicial
affidavits of said witnesses shall be
Section 5. Certification against forum shopping. attached to the pleading and form an
— The plaintiff or principal party shall certify integral part thereof. Only witnesses
under oath in the complaint or other initiatory whose judicial affidavits are attached to
pleading asserting a claim for relief, or in a the pleading shall be presented by the
sworn certification annexed thereto and parties during trial. Except if a party
simultaneously filed therewith: (a) that he or she presents meritorious reasons as basis for
has not theretofore commenced any action or the admission of additional witnesses, no
filed any claim involving the same issues in any other witness or affidavit shall be heard
court, tribunal or quasi-judicial agency and, to or admitted by the court; and
the best of his or her knowledge, no such other
action or claim is pending therein; (b) if there is (c) Documentary and object evidence in
such other pending action or claim, a complete support of the allegations contained in the
statement of the present status thereof; and (c) if pleading. (n)
he or she should thereafter learn that the same or
similar action or claim has been filed or is
pending, he or she shall report that fact within
five (5) calendar days therefrom to the court RULE 8 MANNER OF MAKING
wherein his or her aforesaid complaint or ALLEGATIONS IN PLEADINGS
initiatory pleading has been filed.
Section 1. In general. — Every pleading shall
The authorization of the affiant to act on behalf contain in a methodical and logical form, a plain,
of a party, whether in the form of a secretary’s concise and direct statement of the ultimate facts,
certificate or a special power of attorney, should including the evidence on which the party
be attached to the pleading. pleading relies for his or her claim or defense, as
the case may be.
Failure to comply with the foregoing
requirements shall not be curable by mere If a cause of action or defense relied on is based
amendment of the complaint or other initiatory on law, the pertinent provisions thereof and their
pleading but shall be cause for the dismissal of applicability to him or her shall be clearly and
the case without prejudice, unless otherwise concisely stated. (1a)
provided, upon motion and after hearing. The
submission of a false certification or non- Section 2. Alternative causes of action or
compliance with any of the undertakings therein defenses. — A party may set forth two or more
shall constitute indirect contempt of court, statements of a claim or defense alternatively or
without prejudice to the corresponding hypothetically, either in one cause of action or
administrative and criminal actions. If the acts of defense or in separate causes of action or
the party or his or her counsel clearly constitute defenses. When two or more statements are made
willful and deliberate forum shopping, the same in the alternative and one of them if made
shall be ground for summary dismissal with independently would be sufficient, the pleading
prejudice and shall constitute direct contempt, as is not made insufficient by the insufficiency of
well as a cause for administrative sanctions. (5a) one or more of the alternative statements. (2)

Section 6. Contents. — Every pleading stating a Section 3. Conditions precedent. — In any

party’s claims or defenses shall, in addition to pleading, a general averment of the performance
those mandated by Section 2, Rule 7, state the or occurrence of all conditions precedent shall be
following: sufficient. (3)
Section 4. Capacity. — Facts showing the Section 9. Official document or act.- In pleading
capacity of a party to sue or be sued or the an official document or official act, it is
authority of a party to sue or be sued in a sufficient to aver that the document was issued or
representative capacity or the legal existence of the act was done in compliance with law. (9)
an organized association of persons that is made
a party, must be averred. A party desiring to raise Section 10. Specific denial. — A defendant must
an issue as to the legal existence of any party or specify each material allegation of fact the truth
the capacity of any party to sue or be sued in a of which he or she does not admit and, whenever
representative capacity, shall do so by specific practicable, shall set forth the substance of the
denial, which shall include such supporting matters upon which he or she relies to support his
particulars as are peculiarly within the pleader’s or her denial. Where a defendant desires to deny
knowledge. (4) only a part of an averment, he or she shall
specify so much of it as is true and material and
Section 5. Fraud, mistake, condition of the mind. shall deny only the remainder. Where a
— In all averments of fraud or mistake, the defendant is without knowledge or information
circumstances constituting fraud or mistake must sufficient to form a belief as to the truth of a
be stated with particularity. Malice, intent, material averment made to the complaint, he or
knowledge, or other condition of the mind of a she shall so state, and this shall have the effect of
person may be averred generally. (5) a denial. (10a)

Section 6. Judgment. — In pleading a judgment Section 11. Allegations not specifically denied
or decision of a domestic or foreign court, deemed admitted. — Material averments in a
judicial or quasi-judicial tribunal, or of a board or pleading asserting a claim or claims, other than
officer, it is sufficient to aver the judgment or those as to the amount of unliquidated damages,
decision without setting forth matter showing shall be deemed admitted when not specifically
jurisdiction to render it. An authenticated copy of denied. (11a)
the judgment or decision shall be attached to the
pleading. (6a) Section 12. Affirmative defenses. — (a) A
defendant shall raise his or her affirmative
Section 7. Action or defense based on document. defenses in his or her answer, which shall be
- Whenever an action or defense is based upon a limited to the reasons set forth under Section
written instrument or document, the substance of 5(b), Rule 6, and the following grounds:
such instrument or document shall be set forth in
the pleading, and the original or a copy thereof 1. That the court has no jurisdiction over the
shall be attached to the pleading as an exhibit, person of the defending party;
which shall be deemed to be a part of the
pleading. (7a)
2. That venue is improperly laid;
Section 8. How to contest such documents. -
3. That the plaintiff has no legal capacity to
When an action or defense is founded upon a
sue;
written instrument, or attached to the
corresponding pleading as provided in the
preceding section, the genuineness and due 4. That the pleading asserting the claim
execution of the instrument shall be deemed states no cause of action; and
admitted unless the adverse party, under oath
specifically denies them, and sets forth what he 5. That a condition precedent for filing the
or she claims to be the facts; but the requirement claim has not been complied with.
of an oath does not apply when the adverse party
does not appear to be a party to the instrument or (b) Failure to raise the affirmative defenses at
when compliance with an order for an inspection the earliest opportunity shall constitute a waiver
of the original instrument is refused. (8a) thereof.
 Section 3. Default; Declaration of. — If the
(c) The court shall motu proprio resolve the defending party fails to answer within the time
above affirmative defenses within thirty (30) allowed therefor, the court shall, upon motion of
calendar days from the filing of the answer. the claiming party with notice to the defending
party, and proof of such failure, declare the
defending party in default. Thereupon, the court
(d) As to the other affirmative defenses under
shall proceed to render judgment granting the
the first paragraph of Section 5(b), Rule 6, the
claimant such relief as his or her pleading may
court may conduct a summary hearing within
warrant, unless the court in its discretion requires
fifteen (15) calendar days from the filing of the
the claimant to submit evidence. Such reception
answer. Such affirmative defenses shall be
of evidence may be delegated to the clerk of
resolved by the court within thirty (30) calendar
court.
days from the termination of the summary
hearing.
(a) Effect of order of default. — A party in
default shall be entitled to notices of subsequent
(e) Affirmative defenses, if denied, shall not
proceedings but shall not take part in the trial.
be the subject of a motion for reconsideration or
petition for certiorari, prohibition or mandamus,
but may be among the matters to be raised on (b) Relief from order of default. — A party
appeal after a judgment on the merits. (n) declared in default may at any time after notice
thereof and before judgment, file a motion under
oath to set aside the order of default upon proper
Section 13. Striking out of pleading or matter
showing that his or her failure to answer was due
contained therein. — Upon motion made by a
to fraud, accident, mistake or excusable
party before responding to a pleading or, if no
negligence and that he or she has a meritorious
responsive pleading is permitted by these Rules,
defense. In such case, the order of default may be
upon motion made by a party within twenty (20)
set aside on such terms and conditions as the
calendar days after the service of the pleading
judge may impose in the interest of justice.
upon him or her, 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 (c) Effect of partial default. — When a
false, redundant, immaterial, impertinent, or pleading asserting a claim states a common cause
scandalous matter be stricken out therefrom. of action against several defending parties, some
(12a) of whom answer and the others fail to do so, the
court shall try the case against all upon the
answers thus filed and render judgment upon the
evidence presented.
RULE 9 EFFECT OF FAILURE TO PLEAD
(d) Extent of relief to be awarded. — A
Section 1. Defenses and objections not pleaded. judgment rendered against a party in default shall
— Defenses and objections not pleaded either in neither exceed the amount or be different in kind
a motion to dismiss or in the answer are deemed from that prayed for nor award unliquidated
waived. However, when it appears from the damages.
pleadings or the evidence on record that the court
has no jurisdiction over the subject matter, that
(e) Where no defaults allowed. — If the
there is another action pending between the same
defending party in an action for annulment or
parties for the same cause, or that the action is
declaration of nullity of marriage or for legal
barred by a prior judgment or by statute of
separation fails to answer, the court shall order
limitations, the court shall dismiss the claim. (1)
the Solicitor General or his or her deputized
public prosecutor, to investigate whether or not a
Section 2. Compulsory counterclaim, or cross- collusion between the parties exists, and if there
claim, not set up barred. — A compulsory is no collusion, to intervene for the State in order
counterclaim, or a cross-claim, not set up shall be to see to it that the evidence submitted is not
barred. (2) fabricated. (3a)
 Section 6. Supplemental pleadings. — Upon
RULE 10 AMENDED AND motion of a party, the court may, upon
SUPPLEMENTAL PLEADINGS reasonable notice and upon such terms as are
just, permit him or her to serve a supplemental
pleading setting forth transactions, occurrences
Section 1. Amendments in general. — Pleadings
or events which have happened since the date of
may be amended by adding or striking out an
the pleading sought to be supplemented. The
allegation or the name of any party, or by
adverse party may plead thereto within ten (10)
correcting a mistake in the name of a party or a
calendar days from notice of the order admitting
mistaken or inadequate allegation or description
the supplemental pleading. (6a)
in any other respect, so that the actual merits of
the controversy may speedily be determined,
without regard to technicalities, in the most Section 7. Filing of amended pleadings. — When
expeditious and inexpensive manner. (1a) any pleading is amended, a new copy of the
entire pleading, incorporating the amendments,
which shall be indicated by appropriate marks,
Section 2. Amendments as a matter of right. — A
shall be filed. (7)
party may amend his pleading once as a matter of
right at any time before a responsive pleading is
served or, in the case of a reply, at any time Section 8. Effect of amended pleadings. — An
within ten (10) calendar days after it is served. amended pleading supersedes the pleading that it
(2a) amends. However, admissions in superseded
pleadings may be offered in evidence against the
pleader, and claims or defenses alleged therein
Section 3. Amendments by leave of court. —
not incorporated in the amended pleading shall
Except as provided in the next preceding Section,
be deemed waived. (8a)
substantial amendments may be made only upon
leave of court. But such leave shall be refused if
it appears to the court that the motion was made
with intent to delay or confer jurisdiction on the RULE 11 WHEN TO FILE RESPONSIVE
court, or the pleading stated no cause of action PLEADINGS
from the beginning which could be amended.
Orders of the court upon the matters provided in Section 1. Answer to the complaint. — The
this Section shall be made upon motion filed in defendant shall file his or her answer to the
court, and after notice to the adverse party, and complaint within thirty (30) calendar days after
an opportunity to be heard. (3a) service of summons, unless a different period is
fixed by the court. (1a)
Section 4. Formal amendments. — A defect in
the designation of the parties and other clearly Section 2. Answer of a defendant foreign private
clerical or typographical errors may be juridical entity. — Where the defendant is a
summarily corrected by the court at any stage of foreign private juridical entity and service of
the action, at its initiative or on motion, provided summons is made on the government official
no prejudice is caused thereby to the adverse designated by law to receive the same, the
party. (4) answer shall be filed within sixty (60) calendar
days after receipt of summons by such entity.
Section 5. No amendment necessary to conform (2a)
to or authorize presentation of evidence. —
When issues not raised by the pleadings are tried Section 3. Answer to amended complaint. —
with the express or implied consent of the When the plaintiff files an amended complaint as
parties, they shall be treated in all respects as if a matter of right, the defendant shall answer the
they had been raised in the pleadings. No same within thirty (30) calendar days after being
amendment of such pleadings deemed amended served with a copy thereof.
is necessary to cause them to conform to the
evidence. (5a)
Where its filing is not a matter of right, the or a cross-claim through oversight, inadvertence,
defendant shall answer the amended complaint or excusable neglect, or when justice requires, he
within fifteen (15) calendar days from notice of or she may, by leave of court, set up the
the order admitting the same. An answer earlier counterclaim or cross-claim by amendment
filed may serve as the answer to the amended before judgment. (10a)
complaint if no new answer is filed.
Section 11. Extension of time to file an answer.
This Rule shall apply to the answer to an — A defendant may, for meritorious reasons, be
amended counterclaim, amended crossclaim, granted an additional period of not more than
amended third (fourth, etc.)-party complaint, and thirty (30) calendar days to file an answer. A
amended complaint-inintervention. (3a) defendant is only allowed to file one (1) motion
for extension of time to file an answer.
Section 4. Answer to counterclaim or cross-
claim. — A counterclaim or cross-claim must be A motion for extension to file any pleading, other
answered within twenty (20) calendar days from than an answer, is prohibited and considered a
service. (4a) mere scrap of paper. The court, however, may
allow any other pleading to be filed after the time
Section 5. Answer to third (fourth, etc.)-party fixed by these Rules. (11a)
complaint. — The time to answer a third (fourth,
etc.)-party complaint shall be governed by the
same rule as the answer to the complaint. (5)
RULE 12 BILL OF PARTICULARS
Section 6. Reply. — A reply, if allowed under
Section 10, Rule 6 hereof, may be filed within
Section 1. When applied for; purpose. — Before
fifteen (15) calendar days from service of the
pleading responded to. (6a) responding to a pleading, a party may move for a
definite statement or for a bill of particulars of
any matter, which is not averred with sufficient
Section 7. Answer to supplemental complaint. — definiteness or particularity, to enable him or her
A supplemental complaint may be answered properly to prepare his or her responsive
within twenty (20) calendar days from notice of pleading. If the pleading is a reply, the motion
the order admitting the same, unless a different must be filed within ten (10) calendar days from
period is fixed by the court. The answer to the service thereof. Such motion shall point out the
complaint shall serve as the answer to the defects complained of, the paragraphs wherein
supplemental complaint if no new or they are contained, and the details desired. (1a)
supplemental answer is filed. (7a)
Section 2. Action by the court. — Upon the filing
Section 8. Existing counterclaim or cross-claim. of the motion, the clerk of court must
— A compulsory counterclaim or a cross-claim immediately bring it to the attention of the court,
that a defending party has at the time he or she which may either deny or grant it outright, or
files his or her answer shall be contained therein. allow the parties the opportunity to be heard. (2)
(8a)
Section 3. Compliance with order. — If the
Section 9. Counterclaim or cross-claim arising motion is granted, either in whole or in part, the
after answer. — A counterclaim or a cross-claim compliance therewith must be effected within ten
which either matured or was acquired by a party (10) calendar days from notice of the order,
after serving his or her pleading may, with the unless a different period is fixed by the court.
permission of the court, be presented as a The bill of particulars or a more definite
counterclaim or a cross-claim by supplemental statement ordered by the court may be filed
pleading before judgment. (9a) either in a separate or in an amended pleading,
serving a copy thereof on the adverse party. (3a)
Section 10. Omitted counterclaim or cross-claim.
— When a pleader fails to set up a counterclaim
Section 4. Effect of non-compliance. — If the them if there is no designation of a lead counsel.
order is not obeyed, or in case of insufficient (2a)
compliance therewith, the court may order the
striking out of the pleading or the portions Section. 3. Manner of filing. — The filing of
thereof to which the order was directed, or make pleadings and other court submissions shall be
such other order as it deems just. (4) made by:

Section 5. Stay of period to file responsive (a) Submitting personally the original
pleading. — After service of the bill of thereof, plainly indicated as such, to the
particulars or of a more definite pleading, or after court;
notice of denial of his or her motion, the moving
party may file his or her responsive pleading
(b) Sending them by registered mail;
within the period to which he or she was entitled
at the time of filing his or her motion, which
shall not be less than five (5) calendar days in (c) Sending them by accredited courier; or
any event. (5a)
(d) Transmitting them by electronic mail or
Section 6. Bill a part of pleading. — A bill of other electronic means as may be
particulars becomes part of the pleading for authorized by the Court in places where
which it is intended. (6) the court is electronically equipped.

In the first case, the clerk of court shall endorse

on the pleading the date and hour of filing. In the
RULE 13
second and third cases, the date of the mailing of
FILING AND SERVICE OF PLEADINGS, motions, pleadings, and other court submissions,
JUDGMENTS AND OTHER and payments or deposits, as shown by the post
PAPERS office stamp on the envelope or the registry
receipt, shall be considered as the date of their
Section 1. Coverage. — This Rule shall govern filing, payment, or deposit in court. The envelope
the filing of all pleadings, motions, and other shall be attached to the record of the case. In the
court submissions, as well as their service, except fourth case, the date of electronic transmission
those for which a different mode of service is shall be considered as the date of filing. (3a)
prescribed. (1a)
Section 4. Papers required to be filed and
Section 2. Filing and Service, defined. — Filing served. – Every judgment, resolution, order,
is the act of submitting the pleading or other pleading subsequent to the complaint, written
paper to the court. motion, notice, appearance, demand, offer of
judgment or similar papers shall be filed with the
Service is the act of providing a party with a court, and served upon the parties affected. (4)
copy of the pleading or any other court
submission. If a party has appeared by counsel, Section 5. Modes of Service. — Pleadings,
service upon such party shall be made upon his motions, notices, orders, judgments, and other
or her counsel, unless service upon the party and court submissions shall be served personally or
the party’s counsel is ordered by the court. by registered mail, accredited courier, electronic
Where one counsel appears for several parties, mail, facsimile transmission, other electronic
such counsel shall only be entitled to one copy of means as may be authorized by the Court, or as
any paper served by the opposite side. provided for in international conventions to
which the Philippines is a party. (5a)
Where several counsels appear for one party,
such party shall be entitled to only one copy of Section 6. Personal Service. — Court
any pleading or paper to be served upon the lead submissions may be served by personal delivery
counsel if one is designated, or upon any one of of a copy to the party or to the party’s counsel, or
to their authorized representative named in the
appropriate pleading or motion, or by leaving it if such notice appears on the records to have
in his or her office with his or her clerk, or with a been mailed at least twenty (20) calendar days
person having charge thereof. If no person is prior to the scheduled date of hearing and if the
found in his or her office, or his or her office is addressee is from within the same judicial region
not known, or he or she has no office, then by of the court where the case is pending, or at least
leaving the copy, between the hours of eight in thirty (30) calendar days if the addressee is from
the morning and six in the evening, at the party's outside the judicial region. (n)
or counsel's residence, if known, with a person of
sufficient age and discretion residing therein. Section 11. Change of electronic mail address or
(6a) facsimile number. — A party who changes his or
her electronic mail address or facsimile number
Section 7. Service by mail. — Service by while the action is pending must promptly file,
registered mail shall be made by depositing the within five (5) calendar days from such change, a
copy in the post office, in a sealed envelope, notice of change of e-mail address or facsimile
plainly addressed to the party or to the party’s number with the court and serve the notice on all
counsel at his or her office, if known, otherwise other parties.
at his or her residence, if known, with postage
fully pre-paid, and with instructions to the Service through the electronic mail address or
postmaster to return the mail to the sender after facsimile number of a party shall be presumed
ten (l0) calendar days if undelivered. If no valid unless such party notifies the court of any
registry service is available in the locality of change, as aforementioned. (n)
either the sender or the addressee, service may be
done by ordinary mail. (7a)
Section 12. Electronic mail and facsimile subject
and title of pleadings and other documents. —
Section 8. Substituted service. – If service of The subject of the electronic mail and facsimile
pleadings, motions, notices, resolutions, orders must follow the prescribed format: case number,
and other papers cannot be made under the two case title and the pleading, order or document
preceding sections, the office and place of title. The title of each electronically-filed or
residence of the party or his or her counsel being served pleading or other document, and each
unknown, service may be made by delivering the submission served by facsimile shall contain
copy to the clerk of court, with proof of failure of sufficient information to enable the court to
both personal service and service by mail. The ascertain from the title: (a) the party or parties
service is complete at the time of such delivery. filing or serving the paper, (b) nature of the
(8a) paper, (c) the party or parties against whom
relief, if any, is sought, and (d) the nature of the
Section 9. Service by electronic means and relief sought. (n)
facsimile. — Service by electronic means and
facsimile shall be made if the party concerned Section 13. Service of Judgments, Final Orders
consents to such modes of service. or Resolutions. — Judgments, final orders, or
resolutions shall be served either personally or by
Service by electronic means shall be made by registered mail. Upon ex parte motion of any
sending an e-mail to the party’s or counsel’s party in the case, a copy of the judgment, final
electronic mail address, or through other order, or resolution may be delivered by
electronic means of transmission as the parties accredited courier at the expense of such party.
may agree on, or upon direction of the court. When a party summoned by publication has
failed to appear in the action, judgments, final
Service by facsimile shall be made by sending a orders or resolutions against him or her shall be
facsimile copy to the party’s or counsel’s given served upon him or her also by means of
facsimile number. (n) publication at the expense of the prevailing party.
(9a)
Section 10. Presumptive service. — There shall
be presumptive notice to a party of a court setting Section 14. Conventional service or filing of
orders, pleadings and other documents. –
Notwithstanding the foregoing, the following
orders, pleadings, and other documents must be (a) If the pleading or any other court
served or filed personally or by registered mail submission is not in the record, but is
when allowed, and shall not be served or filed claimed to have been filed personally, the
electronically, unless express permission is filing shall be proven by the written
granted by the Court: or stamped acknowledgment of its filing
by the clerk of court on a copy of the
(a) Initiatory pleadings and initial responsive pleading or court submission;
pleadings, such as an answer;
(b) If the pleading or any other court
(b) Subpoenae, protection orders, and writs; submission was filed by registered mail,
the filing shall be proven by the registry
(c) Appendices and exhibits to motions, or receipt and by the affidavit of the person
other documents that are not readily who mailed it, containing a full statement
amenable to electronic scanning may, at of the date and place of deposit of the
the option of the party filing such, be mail in the post office in a sealed
filed and served conventionally; and envelope addressed to the court, with
postage fully prepaid, and with
instructions to the postmaster to return
(d) Sealed and confidential documents or
the mail to the sender after ten (10)
records. (n)
calendar days if not delivered.
Section 15. Completeness of service. — Personal
(c) If the pleading or any other court
service is complete upon actual delivery. Service
submission was filed through an
by ordinary mail is complete upon the expiration
accredited courier service, the filing shall
of ten (10) calendar days after mailing, unless the
be proven by an affidavit of service of the
court otherwise provides. Service by registered
person who brought the pleading or other
mail is complete upon actual receipt by the
document to the service provider,
addressee, or after five (5) calendar days from
together with the courier’s official receipt
the date he or she received the first notice of the
and document tracking number.
postmaster, whichever date is earlier. Service by
accredited courier is complete upon actual
receipt by the addressee, or after at least two (2) (d) If the pleading or any other court
attempts to deliver by the courier service, or submission was filed by electronic mail,
upon the expiration of five (5) calendar days the same shall be proven by an affidavit
after the first attempt to deliver, whichever is of electronic filing of the filing party
earlier. accompanied by a paper copy of the
pleading or other document transmitted
or a written or stamped acknowledgment
Electronic service is complete at the time of the
of its filing by the clerk of court. If the
electronic transmission of the document, or when
paper copy sent by electronic mail was
available, at the time that the electronic
filed by registered mail, paragraph (b) of
notification of service of the document is sent.
this Section applies.
Electronic service is not effective or complete if
the party serving the document learns that it did
not reach the addressee or person to be served. (e) If the pleading or any other court
submission was filed through other
authorized electronic means, the same
Service by facsimile transmission is complete
shall be proven by an affidavit of
upon receipt by the other party, as indicated in
electronic filing of the filing party
the facsimile transmission printout. (10a)
accompanied by a copy of the electronic
acknowledgment of its filing by the court.
Section 16. Proof of filing. — The filing of a (12a)
pleading or any other court submission shall be
proved by its existence in the record of the case.
Section 17. Proof of service. –— Proof of situated a notice of the pendency of the action.
personal service shall consist of a written Said notice shall contain the names of the parties
admission of the party served, or the official and the object of the action or defense, and a
return of the server, or the affidavit of the party description of the property in that province
serving, containing a statement of the date, place, affected thereby. Only from the time of filing
and manner of service. If the service is made by: such notice for record shall a purchaser, or
encumbrancer of the property affected thereby,
(a) Ordinary mail. – Proof shall consist of an be deemed to have constructive notice of the
affidavit of the person mailing stating the pendency of the action, and only of its pendency
facts showing compliance with Section 7 of against the parties designated by their real
this Rule. names.

(b) Registered mail. – Proof shall be made by The notice of lis pendens hereinabove mentioned
the affidavit mentioned above and the may be cancelled only upon order of the court,
registry receipt issued by the mailing office. after proper showing that the notice is for the
The registry return card shall be filed purpose of molesting the adverse party, or that it
immediately upon its receipt by the sender, is not necessary to protect the rights of the party
or in lieu thereof, the unclaimed letter who caused it to be recorded. (14a)
together with the certified or sworn copy of
the notice given by the postmaster to the
addressee. RULE 14 SUMMONS

(c) Accredited courier service. – Proof shall be Section 1. Clerk to issue summons. — Unless the
made by an affidavit of service executed by complaint is on its face dismissible under Section
the person who brought the pleading or 1, Rule 9, the court shall, within five (5) calendar
paper to the service provider, together with days from receipt of the initiatory pleading and
the courier’s official receipt or document proof of payment of the requisite legal fees,
tracking number. direct the clerk of court to issue the
corresponding summons to the defendants. (1a)
(d) Electronic mail, facsimile, or other
authorized electronic means of transmission. Section 2. Contents. — The summons shall be
– Proof shall be made by an affidavit of directed to the defendant, signed by the clerk of
service executed by the person who sent court under seal, and contain:
the e-mail, facsimile, or other electronic
transmission, together with a printed proof
(a) The name of the court and the names of the
of transmittal. (13a)
parties to the action;

Section 18. Court-issued orders and other

(b) When authorized by the court upon ex
documents. — The court may electronically
parte motion, an authorization for the
serve orders and other documents to all the
plaintiff to serve summons to the
parties in the case which shall have the same
defendant;
effect and validity as provided herein. A paper
copy of the order or other document
electronically served shall be retained and (c) A direction that the defendant answer
attached to the record of the case. (n) within the time fixed by these Rules; and

Section 19. Notice of lis pendens. –— In an (d) A notice that unless the defendant so
action affecting the title or the right of possession answers, plaintiff will take judgment by
of real property, the plaintiff and the defendant, default and may be granted the relief
when affirmative relief is claimed in his or her applied for.
answer, may record in the office of the registry
of deeds of the province in which the property is
A copy of the complaint and order for the manner provided under Section 6 of this
appointment of guardian ad litem, if any, shall be Rule. (5a)
attached to the original and each copy of the
summons. (2a) Section 5. Service in person on defendant. —
Whenever practicable, the summons shall be
Section 3. By whom served. — The summons served by handing a copy thereof to the
may be served by the sheriff, his or her deputy, defendant in person and informing the
or other proper court officer, and in case of defendant that he or she is being served, or, if
failure of service of summons by them, the he or she refuses to receive and sign for it, by
court may authorize the plaintiff - to serve the leaving the summons within the view and in the
summons - together with the sheriff. presence of the defendant. (6a)

In cases where summons is to be served outside Section 6. Substituted service. — If, for
the judicial region of the court where the case is justifiable causes, the defendant cannot be
pending, the plaintiff shall be authorized to served personally after at least three (3)
cause the service of summons. attempts on two (2) different dates, service may
be effected:
If the plaintiff is a juridical entity, it shall notify
the court, in writing, and name its authorized (a) By leaving copies of the summons at the
representative therein, attaching a board defendant's residence to a person at least
resolution or secretary’s certificate thereto, as eighteen (18) years of age and of sufficient
the case may be, stating that such discretion residing therein;
representative is duly authorized to serve the
summons on behalf of the plaintiff. (b) By leaving copies of the summons at the
defendant's office or regular place of
If the plaintiff misrepresents that the defendant business with some competent person in
was served summons, and it is later proved that charge thereof. A competent person
no summons was served, the case shall be includes, but is not limited to, one who
dismissed with prejudice, the proceedings shall customarily receives correspondences for
be nullified, and the plaintiff shall be meted the defendant;
appropriate sanctions.
(c) By leaving copies of the summons, if
If summons is returned without being served on refused entry upon making his or her
any or all the defendants, the court shall order authority and purpose known, with any of
the plaintiff to cause the service of summons by the officers of the homeowners’
other means available under the Rules. association or condominium corporation,
or its chief security officer in charge of the
Failure to comply with the order shall cause the community or the building where the
dismissal of the initiatory pleading without defendant may be found; and
prejudice. (3a)
(d) By sending an electronic mail to the
Section 4. Validity of summons and issuance of defendant’s electronic mail address, if
alias summons — Summons shall remain valid allowed by the court. (7a)
until duly served, unless it is recalled by the
court. In case of loss or destruction of Section 7. Service upon entity without juridical
summons, the court may, upon motion, issue an personality. — When persons associated in an
alias summons. entity without juridical personality are sued
under the name by which they are generally or
There is failure of service after unsuccessful commonly known, service may be effected
attempts to personally serve the summons on upon all the defendants by serving upon any
the defendant in his or her address indicated in one of them, or upon the person in charge of the
the complaint. Substituted service should be in office or place of business maintained in such
name. But such service shall not bind In case the domestic juridical entity is under
individually any person whose connection with receivership or liquidation, service of summons
the entity has, upon due notice, been severed shall be made on the receiver or liquidator, as the
before the action was filed. (8a) case may be.

Section 8. Service upon prisoners. — When the Should there be a refusal on the part of the
defendant is a prisoner confined in a jail or persons above-mentioned to receive summons
institution, service shall be effected upon him despite at least three (3) attempts on two (2)
or her by the officer having the management of different dates, service may be made
such jail or institution who is deemed as a electronically, if allowed by the court, as
special sheriff for said purpose. The jail warden provided under Section 6 of this Rule. (11a)
shall file a return within five (5) calendar days
from service of summons to the defendant. (9a) Section 13. Duty of counsel of record. —
Where the summons is improperly served and a
Section 9. Service consistent with international lawyer makes a special appearance on behalf of
conventions. — Service may be made through the defendant to, among others, question the
methods which are consistent with established validity of service of summons, the counsel
international conventions to which the shall be deputized by the court to serve
Philippines is a party. (n) summons on his or her client. (n)

Section 10. Service upon minors and Section 14. Service upon foreign private
incompetents. — When the defendant is a juridical entities. — When the defendant is a
minor, insane or otherwise an incompetent foreign private juridical entity which has
person, service of summons shall be made upon transacted or is doing business in the Philippines,
him or her personally and on his or her legal as defined by law, service may be made on its
guardian if he or she has one, or if none, upon resident agent designated in accordance with law
his or her guardian ad litem whose appointment for that purpose, or, if there be no such agent, on
shall be applied for by the plaintiff. In the case the government official designated by law to that
of a minor, service shall be made on his or her effect, or on any of its officers, agents, directors
parent or guardian. (10a) or trustees within the Philippines.

Section 11. Service upon spouses. — When If the foreign private juridical entity is not
spouses are sued jointly, service of summons registered in the Philippines, or has no resident
should be made to each spouse individually. (n) agent but has transacted or is doing business in it,
as defined by law, such service may, with leave
Section 12. Service upon domestic private of court, be effected outside of the Philippines
juridical entity. — When the defendant is a through any of the following means:
corporation, partnership or association
organized under the laws of the Philippines (a) By personal service coursed through the
with a juridical personality, service may be appropriate court in the foreign country
made on the president, managing partner, with the assistance of the department of
general manager, corporate secretary, treasurer, foreign affairs;
or in-house counsel of the corporation
wherever they may be found, or in their (b) By publication once in a newspaper of
absence or unavailability, on their secretaries. general circulation in the country where
the defendant may be found and by
If such service cannot be made upon any of the serving a copy of the summons and the
foregoing persons, it shall be made upon the court order by registered mail at the last
person who customarily receives the known address of the defendant;
correspondence for the defendant at its
principal office. (c) By facsimile;
 (d) By electronic means with the prescribed Any order granting such leave shall specify a
proof of service; or reasonable time, which shall not be less than
sixty
(e) By such other means as the court, in its (60) calendar days after notice, within which the
discretion, may direct. (12a) defendant must answer. (15a)

Section 15. Service upon public corporations. — Section 18. Residents temporarily out of the
When the defendant is the Republic of the Philippines. — When any action is commenced
Philippines, service may be effected on the against a defendant who ordinarily resides within
Solicitor General; in case of a province, city or the Philippines, but who is temporarily out of it,
municipality, or like public corporations, service service may, by leave of court, be also effected
may be effected on its executive head, or on such out of the Philippines, as under the preceding
other officer or officers as the law or the court Section. (16a)
may direct. (13a)
Section 19. Leave of court. — Any application to
Section 16. Service upon defendant whose the court under this Rule for leave to effect
identity or whereabouts are unknown. — In service in any manner for which leave of court is
any action where the defendant is designated as necessary shall be made by motion in writing,
an unknown owner, or the like, or whenever his supported by affidavit of the plaintiff or some
or her whereabouts are unknown and cannot be person on his behalf, setting forth the grounds for
ascertained by diligent inquiry, within ninety the application. (17a)
(90) calendar days from the commencement of
the action, service may, by leave of court, be Section 20. Return. — Within thirty (30)
effected upon him or her by publication in a calendar days from issuance of summons by
newspaper of general circulation and in such the clerk of court and receipt thereof, the sheriff
places and for such time as the court may order. or process server, or person authorized by the
court, shall complete its service. Within five (5)
Any order granting such leave shall specify a calendar days from service of summons, the
reasonable time, which shall not be less than server shall file with the court and serve a copy
sixty (60) calendar days after notice, within of the return to the plaintiff’s counsel,
which the defendant must answer. (14a) personally, by registered mail, or by electronic
means authorized by the Rules.
Section 17. Extraterritorial service. — When the
defendant does not reside and is not found in the Should substituted service have been effected,
Philippines, and the action affects the personal the return shall state the following:
status of the plaintiff or relates to, or the subject
of which is, property within the Philippines, in (1) The impossibility of prompt personal
which the defendant has or claims a lien or service within a period of thirty (30)
interest, actual or contingent, or in which the calendar days from issue and receipt of
relief demanded consists, wholly or in part, in summons;
excluding the defendant from any interest
therein, or the property of the defendant has been (2) The date and time of the three (3)
attached within the Philippines, service may, by attempts on at least (2) two different
leave of court, be effected out of the Philippines dates to cause personal service and the
by personal service as under Section 6; or as details of the inquiries made to locate
provided for in international conventions to the defendant residing thereat; and
which the Philippines is a party; or by
publication in a newspaper of general circulation
(3) The name of the person at least eighteen
in such places and for such time as the court may
(18) years of age and of sufficient
order, in which case a copy of the summons and
discretion residing thereat, name of
order of the court shall be sent by registered mail
competent person in charge of the
to the last known address of the defendant, or in
defendant’s office or regular place of
any other manner the court may deem sufficient.
 business, or name of the officer of the
homeowners’ association or A motion made in open court or in the course
condominium corporation or its chief of a hearing or trial should immediately be
security officer in charge of the resolved in open court, after the adverse party
community or building where the is given the opportunity to argue his or her
defendant may be found. (4a) opposition thereto.

Section 21. Proof of service. — The proof of When a motion is based on facts not appearing
service of a summons shall be made in writing on record, the court may hear the matter on
by the server and shall set forth the manner, affidavits or depositions presented by the
place, and date of service; shall specify any respective parties, but the court may direct that
papers which have been served with the the matter be heard wholly or partly on oral
process and the name of the person who testimony or depositions. (2a)
received the same; and shall be sworn to when
made by a person other than a sheriff or his or
Section 3. Contents. – A motion shall state the
her deputy.
relief sought to be obtained and the grounds upon
which it is based, and if required by these Rules
If summons was served by electronic mail, a or necessary to prove facts alleged therein, shall
printout of said e-mail, with a copy of the be accompanied by supporting affidavits and
summons as served, and the affidavit of the other papers.
person mailing, shall constitute as proof of (3)
service. (18a)
[Section 4. Hearing of motion. — Deleted]
Section 22. Proof of service by publication. —
If the service has been made by publication,
Section 4. Non-litigious motions. — Motions
service may be proved by the affidavit of the
which the court may act upon without
publisher, editor, business or advertising
prejudicing the rights of adverse parties are
manager, to which affidavit a copy of the
non-litigious motions. These motions include:
publication shall be attached and by an
affidavit showing the deposit of a copy of the
summons and order for publication in the post a) Motion for the issuance of an alias
office, postage prepaid, directed to the summons;
defendant by registered mail to his or her last b) Motion for extension to file answer;
known address. (19a) c) Motion for postponement;
d) Motion for the issuance of a writ of
execution;
Section 23. Voluntary appearance. — The
e) Motion for the issuance of an alias writ
defendant's voluntary appearance in the action
of execution;
shall be equivalent to service of summons. The
f) Motion for the issuance of a writ of
inclusion in a motion to dismiss of other
possession;
grounds aside from lack of jurisdiction over the
g) Motion for the issuance of an order
person of the defendant shall be deemed a
directing the sheriff to execute the final
voluntary appearance. (20a)
certificate of sale; and
h) Other similar motions.

RULE 15 MOTIONS These motions shall not be set for hearing and
shall be resolved by the court within five (5)
Section 1. Motion defined. – A motion is an calendar days from receipt thereof. (n)
application for relief other than by a pleading. (1)
Section 5. Litigious motions. — (a) Litigious
Section 2. Motions must be in writing. — All motions include:
motions shall be in writing except those made in
open court or in the course of a hearing or trial. 1) Motion for bill of particulars;
 2) Motion to dismiss; proceeding shall include all objections then
3) Motion for new trial; available, and all objections not so included shall
4) Motion for reconsideration; be deemed waived. (8a)
5) Motion for execution pending appeal;
6) Motion to amend after a responsive Section 10. Motion for leave. — A motion for
pleading has been filed; leave to file a pleading or motion shall be
7) Motion to cancel statutory lien; accompanied by the pleading or motion sought to
8) Motion for an order to break in or for a be admitted. (9)
writ of demolition;
9) Motion for intervention; Section 11. Form. — The Rules applicable to
10) Motion for judgment on the pleadings; pleadings shall apply to written motions so far as
11) Motion for summary judgment; concerns caption, designation, signature, and
12) Demurrer to evidence; other matters of form.
13) Motion to declare defendant in default; (10)
and 14) Other similar motions.
Section. 12. Prohibited motions. — The
(b) All motions shall be served by personal following motions shall not be allowed:
service, accredited private courier or registered
mail, or electronic means so as to ensure their
receipt by the other party. (c) The opposing (a) Motion to dismiss except on the
party shall file his or her opposition to a litigious following grounds:
motion within five (5) calendar days from receipt
thereof. No other submissions shall be 1) That the court has no jurisdiction over
considered by the court in the resolution of the the subject matter of the claim;
motion. 2) That there is another action pending
between the same parties for the same
The motion shall be resolved by the court within cause; and
fifteen (15) calendar days from its receipt of the 3) That the cause of action is barred by a
opposition thereto, or upon expiration of the prior judgment or by the statute of
period to file such opposition. (n) limitations;

Section. 6. Notice of hearing on litigious (b) Motion to hear affirmative defenses;

motions; discretionary. — The court may, in the
exercise of its discretion, and if deemed (c) Motion for reconsideration of the court’s
necessary for its resolution, call a hearing on the action on the affirmative defenses;
motion. The notice of hearing shall be addressed
to all parties concerned, and shall specify the (d) Motion to suspend proceedings without a
time and date of the hearing. (5a) temporary restraining order or injunction
issued by a higher court;
Section 7. Proof of service necessary. — No
written motion shall be acted upon by the court (e) Motion for extension of time to file
without proof of service thereof, pursuant to pleadings, affidavits or any other papers,
Section 5(b) hereof. (6a) except a motion for extension to file an
answer as provided by Section 11, Rule
Section 8. Motion day. — Except for motions 11; and
requiring immediate action, where the court
decides to conduct hearing on a litigious motion, (f) Motion for postponement intended for
the same shall be set on a Friday. (7a) delay, except if it is based on acts of God,
force majeure or physical inability of the
Section 9. Omnibus motion. — Subject to the witness to appear and testify. If the
provisions of Section 1 of Rule 9, a motion motion is granted based on such
attacking a pleading, order, judgment, or exceptions, the moving party shall be
 warned that the presentation of its the plaintiff's instance save upon approval of
evidence must still be terminated on the the court and upon such terms and conditions
dates previously agreed upon. as the court deems proper. If a counterclaim
has been pleaded by a defendant prior to the
A motion for postponement, whether written or service upon him or her of the plaintiff's
oral, shall, at all times, be accompanied by the motion for dismissal, the dismissal shall be
original official receipt from the office of the limited to the complaint. The dismissal shall
clerk of court evidencing payment of the be without prejudice to the right of the
postponement fee under Section 21(b), Rule 141, defendant to prosecute his or her
to be submitted either at the time of the filing of counterclaim in a separate action unless
said motion or not later than the next hearing within fifteen (15) calendar days from notice
date. The clerk of court shall not accept the of the motion he or she manifests his or her
motion unless accompanied by the original preference to have his or her counterclaim
receipt. (n) resolved in the same action. Unless otherwise
specified in the order, a dismissal under this
paragraph shall be without prejudice. A class
Section. 13. Dismissal with prejudice. — Subject
suit shall not be dismissed or compromised
to the right of appeal, an order granting a motion
without the approval of the court. (2a)
to dismiss or an affirmative defense that the
cause of action is barred by a prior judgment or
by the statute of limitations; that the claim or Section 3. Dismissal due to fault of plaintiff.
demand set forth in the plaintiff’s pleading has — If, for no justifiable cause, the plaintiff
been paid, waived, abandoned or otherwise fails to appear on the date of the presentation
extinguished; or that the claim on which the of his or her evidence in chief on the
action is founded is unenforceable under the complaint, or to prosecute his or her action
provisions of the statute of frauds, shall bar the for an unreasonable length of time, or to
refiling of the same action or claim. (5, R16) comply with these Rules or any order of the
court, the complaint may be dismissed upon
motion of the defendant or upon the court's
own motion, without prejudice to the right of
RULE 16 MOTION TO DISMISS the defendant to prosecute his or her
counterclaim in the same or in a separate
[Provisions either deleted or transposed] action. This dismissal shall have the effect of
an adjudication upon the merits, unless
otherwise declared by the court. (3a)
RULE 17 DISMISSAL OF ACTIONS
Section 4. Dismissal of counterclaim, cross-
claim, or third-party complaint. — The
Section 1. Dismissal upon notice by plaintiff.
provisions of this Rule shall apply to the
— A complaint may be dismissed by the
dismissal of any counterclaim, cross-claim,
plaintiff by filing a notice of dismissal at any
or third-party complaint. A voluntary
time before service of the answer or of a
dismissal by the claimant by notice as in
motion for summary judgment. Upon such
Section 1 of this Rule, shall be made before a
notice being filed, the court shall issue an
responsive pleading or a motion for summary
order confirming the dismissal. Unless
judgment is served or, if there is none, before
otherwise stated in the notice, the dismissal is
the introduction of evidence at the trial or
without prejudice, except that a notice
hearing. (4)
operates as an adjudication upon the merits
when filed by a plaintiff who has once
dismissed in a competent court an action
based on or including the same claim. (1) RULE 18 PRE-TRIAL

Section 2. Dismissal upon motion of plaintiff. Section 1. When conducted. — After the last
— Except as provided in the preceding responsive pleading has been served and filed,
section, a complaint shall not be dismissed at the branch clerk of court shall issue, within five
(5) calendar days from filing, a notice of pre-trial i. For testimonial evidence, by giving
which shall be set not later than sixty (60) the name or position and the nature of
calendar days from the filing of the last the testimony of the proposed witness;
responsive pleading. (1a)
ii. For documentary evidence and other
Section. 2. Nature and Purpose. — The pre-trial object evidence, by giving a particular
is mandatory and should be terminated promptly. description of the evidence.
The court shall consider:
No reservation shall be allowed if not
(a) The possibility of an amicable settlement or made in the manner described above.
of a submission to alternative modes of
dispute resolution; (h) Such other matters as may aid in the prompt
disposition of the action.
(b) The simplification of the issues;
The failure without just cause of a party and
(c) The possibility of obtaining stipulations or counsel to appear during pre-trial, despite notice,
admissions of facts and of documents to shall result in a waiver of any objections to the
avoid unnecessary proof; faithfulness of the reproductions marked, or their
genuineness and due execution.
(d) The limitation of the number and
identification of witnesses and the setting of The failure without just cause of a party and/or
trial dates; counsel to bring the evidence required shall be
deemed a waiver of the presentation of such
(e) The advisability of a preliminary reference of evidence.
issues to a commissioner;
The branch clerk of court shall prepare the
(f) The propriety of rendering judgment on the minutes of the pre-trial, which shall have the
pleadings, or summary judgment, or of following format: (See prescribed form) (2a)
dismissing the action should a valid ground
therefor be found to exist; Section. 3. Notice of pre-trial. — The notice of
pre-trial shall include the dates respectively set
(g) The requirement for the parties to: for:

1. Mark their respective evidence if (a) Pre-trial;

not yet marked in the judicial affidavits (b) Court-Annexed Mediation; and
of their witnesses; (c) Judicial Dispute Resolution, if necessary.

2. Examine and make comparisons of The notice of pre-trial shall be served on counsel,
the adverse parties' evidence vis-avis the or on the party if he or she has no counsel. The
copies to be marked; counsel served with such notice is charged with
the duty of notifying the party represented by
him or her.
3. Manifest for the record stipulations
regarding the faithfulness of the
reproductions and the genuineness and Non-appearance at any of the foregoing settings
due execution of the adverse parties' shall be deemed as nonappearance at the pre-
evidence; trial and shall merit the same sanctions under
Section 5 hereof. (3a)
4. Reserve evidence not available at
the pre-trial, but only in the following Section 4. Appearance of Parties. — It shall be
manner: the duty of the parties and their counsel to appear
at the pre-trial, court-annexed mediation, and
judicial dispute resolution, if necessary. The non-
appearance of a party and counsel may be (g) A brief statement of points of law and
excused only for acts of God, force majeure, or citation of authorities.
duly substantiated physical inability.
Failure to file the pre-trial brief shall have the
A representative may appear on behalf of a party, same effect as failure to appear at the pre-trial.
but must be fully authorized in writing to enter (8)
into an amicable settlement, to submit to
alternative modes of dispute resolution, and to
Section 7. Pre-Trial Order. — Upon termination
enter into stipulations or admissions of facts and
of the pre-trial, the court shall issue an order
documents.
within ten (10) calendar days which shall recite
in detail the matters taken up. The order shall
Section. 5. Effect of failure to appear. — When include:
duly notified, the failure of the plaintiff and
counsel to appear without valid cause when so
(a) An enumeration of the admitted facts;
required, pursuant to the next preceding Section,
shall cause the dismissal of the action. The
dismissal shall be with prejudice, unless (b) The minutes of the pre-trial conference;
otherwise ordered by the court. A similar failure
on the part of the defendant and counsel shall be (c) The legal and factual issue/s to be tried;
cause to allow the plaintiff to present his or her
evidence ex-parte within ten (10) calendar days (d) The applicable law, rules, and
from termination of the pre-trial, and the court to jurisprudence;
render judgment on the basis of the evidence
offered. (5a) (e) The evidence marked;

Section 6. Pre-trial brief. — The parties shall file (f) The specific trial dates for continuous
with the court and serve on the adverse party, in trial, which shall be within the period
such manner as shall ensure their receipt thereof provided by the Rules;
at least three (3) calendar days before the date of
the pre-trial, their respective pre-trial briefs
which shall contain, among others: (g) The case flowchart to be determined by
the court, which shall contain the
different stages of the proceedings up to
(a) A concise statement of the case and the the promulgation of the decision and the
reliefs prayed for; use of time frames for each stage in
setting the trial dates;
(b) A summary of admitted facts and
proposed stipulation of facts; (h) A statement that the one-day examination
of witness rule and most important
(c) The main factual and legal issues to be witness rule under A.M. No. 03-1-09-SC
tried or resolved; (Guidelines for Pre-Trial) shall be strictly
followed; and
(d) The propriety of referral of factual issues
to commissioners; (i) A statement that the court shall render
judgment on the pleadings or summary
(e) The documents or other object evidence judgment, as the case may be.
to be marked, stating the purpose thereof;
The direct testimony of witnesses for the plaintiff
(f) The names of the witnesses, and the shall be in the form of judicial affidavits. After
summary of their respective testimonies; the identification of such affidavits, cross-
and examination shall proceed immediately.
Postponement of presentation of the parties’ tender an issue, the court shall, without prejudice
witnesses at a scheduled date is prohibited, to a party moving for judgment on the pleadings
except if it is based on acts of God, force under Rule 34 or summary judgment under Rule
majeure or duly substantiated physical inability 35, motu proprio include in the pre-trial order
of the witness to appear and testify. The party that the case be submitted for summary judgment
who caused the postponement is warned that the or judgment on the pleadings, without need of
presentation of its evidence must still be position papers or memoranda. In such cases,
terminated within the remaining dates previously judgment shall be rendered within ninety (90)
agreed upon. calendar days from termination of the pre-trial.

Should the opposing party fail to appear without The order of the court to submit the case for
valid cause stated in the next preceding judgment pursuant to this Rule shall not be the
paragraph, the presentation of the scheduled subject to appeal or certiorari. (n)
witness will proceed with the absent party being
deemed to have waived the right to interpose
objection and conduct cross-examination.
RULE 19 INTERVENTION

The contents of the pre-trial order shall control

Section 1. Who may intervene. — A person
the subsequent proceedings, unless modified
who has a legal interest in the matter in
before trial to prevent manifest injustice. (7a)
litigation, or in the success of either of the
parties, or an interest against both, or is so
Section 8. Court-Annexed Mediation. — After situated as to be adversely affected by a
pre-trial and, after issues are joined, the court distribution or other disposition of property
shall refer the parties for mandatory court- in the custody of the court or of an officer
annexed mediation. thereof may, with leave of court, be allowed
to intervene in the action. The court shall
The period for court-annexed mediation shall not consider whether or not the intervention will
exceed thirty (30) calendar days without further unduly delay or prejudice the adjudication of
extension. (n) the rights of the original parties, and whether
or not the intervenor’s rights may be fully
Section 9. Judicial Dispute Resolution. — Only protected in a separate proceeding. (1)
if the judge of the court to which the case was
originally raffled is convinced that settlement is Section 2. Time to intervene. — The motion
still possible, the case may be referred to another to intervene may be filed at any time before
court for judicial dispute resolution. The judicial rendition of judgment by the trial court. A
dispute resolution shall be conducted within a copy of the pleading-inintervention shall be
non-extendible period of fifteen (15) calendar attached to the motion and served on the
days from notice of failure of the court-annexed original parties. (2)
mediation.
Section 3. Pleadings-in-intervention. — The
If judicial dispute resolution fails, trial before the intervenor shall file a complaint-
original court shall proceed on the dates agreed inintervention if he or she asserts a claim
upon. against either or all of the original parties, or
an answer-in-intervention if he or she unites
All proceedings during the court-annexed with the defending party in resisting a claim
mediation and the judicial dispute resolution against the latter. (3a)
shall be confidential. (n)
Section 4. Answer to complaint-in-
Section. 10. Judgment after pre-trial. — Should intervention. — The answer to the
there be no more controverted facts, or no more complaintin-intervention shall be filed within
genuine issue as to any material fact, or an fifteen (15) calendar days from notice of the
absence of any issue, or should the answer fail to
 order admitting the same, unless a different
period is fixed by the court. (4a) RULE 20 When an application for a subpoena to a
CALENDAR OF CASES prisoner is made, the judge or officer shall
examine and study carefully such application to
Section 1. Calendar of cases. — The clerk of determine whether the same is made for a valid
court, under the direct supervision of the judge, purpose.
shall keep a calendar of cases for pre-trial, for
trial, those whose trials were adjourned or No prisoner sentenced to death, reclusion
postponed, and those with motions to set for perpetua or life imprisonment and who is
hearing. Preference shall be given to habeas confined in any penal institution shall be brought
corpus cases, election, cases, special civil outside the penal institution for appearance or
actions, and those so required by law. (1) attendance in any court unless authorized by the
Supreme Court. (2a)
Section 2. Assignment of cases. — The
assignment of cases to the different branches of a Section 3. Form and contents. — A subpoena
court shall be done exclusively by raffle. The shall state the name of the court and the title of
assignment shall be done in open session of the action or investigation, shall be directed to
which adequate notice shall be given so as to the person whose attendance is required, and in
afford interested parties the opportunity to be the case of a subpoena duces tecum, it shall also
present. (2) contain a reasonable description of the books,
documents or things demanded which must
appear to the court prima facie relevant. (3)
RULE 21 SUBPOENA
Section 4. Quashing a subpoena. — The court
Section 1. Subpoena and subpoena duces tecum. may quash a subpoena duces tecum upon motion
— Subpoena is a process directed to a person promptly made and, in any event, at or before the
requiring him or her to attend and to testify at the time specified therein if it is unreasonable and
hearing or the trial of an action, or at any oppressive, or the relevancy of the books,
investigation conducted by competent authority, documents or things does not appear, or if the
or for the taking of his or her deposition. It may person in whose behalf the subpoena is issued
also require him or her to bring with him or her fails to advance the reasonable cost of the
any books, documents, or other things under his production thereof.
or her control, in which case it is called a
subpoena duces tecum. (1a) The court may quash a subpoena ad
testificandum on the ground that the witness is
Section 2. By whom issued. — The subpoena not bound thereby. In either case, the subpoena
may be issued by - may be quashed on the ground that the witness
fees and kilometrage allowed by these Rules
(a) The court before whom the witness is were not tendered when the subpoena was
required to attend; served. (4)

(b) The court of the place where the Section 5. Subpoena for depositions. — Proof of
deposition is to be taken; service of a notice to take a deposition, as
provided in Sections 15 and 25 of Rule 23, shall
constitute sufficient authorization for the
(c) The officer or body authorized by law to
issuance of subpoenas for the persons named in
do so in connection with investigations
said notice by the clerk of the court of the place
conducted by said officer or body; or
in which the deposition is to be taken. The clerk
shall not, however, issue a subpoena duces tecum
(d) Any Justice of the Supreme Court or the to any such person without an order of the court.
Court of Appeals in any case or (5)
investigation pending within the
Philippines.
Section 6. Service. — Service of a subpoena shall
be made in the same manner as personal or RULE 22 COMPUTATION OF TIME
substituted service of summons. The original
shall be exhibited and a copy thereof delivered to
Section 1. How to compute time. — In
the person on whom it is served. The service
computing any period of time prescribed or
must be made so as to allow the witness a
allowed by these Rules, or by order of the court,
reasonable time for preparation and travel to the
or by any applicable statute, the day of the act or
place of attendance.
event from which the designated period of time
begins to run is to be excluded and the date of
Costs for court attendance and the production of performance included. If the last day of the
documents and other materials subject of the period, as thus computed, falls on a Saturday, a
subpoena shall be tendered or charged Sunday, or a legal holiday in the place where the
accordingly. (6a) court sits, the time shall not run until the next
working day. (1)
Section 7. Personal appearance in court. — A
person present in court before a judicial officer Section 2. Effect of Interruption. — Should an
may be required to testify as if he or she were in act be done which effectively interrupts the
attendance upon a subpoena issued by such court running of the period, the allowable period after
or officer. (7a) such interruption shall start to run on the day
after notice of the cessation of the cause thereof.
Section 8. Compelling attendance. — In case of
failure of a witness to attend, the court or judge The day of the act that caused the interruption
issuing the subpoena, upon proof of the service shall be excluded in the computation of the
thereof and of the failure of the witness, may period. (2)
issue a warrant to the sheriff of the province, or
his or her deputy, to arrest the witness and bring
him or her before the court or officer where his
or her attendance is required, and the cost of such RULE 23 DEPOSITIONS PENDING
warrant and seizure of such witness shall be paid ACTIONS
by the witness if the court issuing it shall
determine that his or her failure to answer the Section 1. Depositions pending action, when may
subpoena was willful and without just excuse. be taken. — Upon ex parte motion of a party, the
(8a) testimony of any person, whether a party or not,
may be taken by deposition upon oral
Section 9. Contempt. — Failure by any person examination or written interrogatories. The
without adequate cause to obey a subpoena attendance of witnesses may be compelled by the
served upon him or her shall be deemed a use of a subpoena as provided in Rule 21.
contempt of the court from which the subpoena Depositions shall be taken only in accordance
is issued. If the subpoena was not issued by a with these Rules. The deposition of a person
court, the disobedience thereto shall be punished confined in prison may be taken only by leave of
in accordance with the applicable law or Rule. court on such terms as the court prescribes. (1a)
(9a)
Section 2. Scope of examination. — Unless
otherwise ordered by the court as provided by
Section 10. Exceptions. — The provisions of
Section 16 or 18 of this Rule, the deponent may
Sections 8 and 9 of this Rule shall not apply to a
be examined regarding any matter, not
witness who resides more than one hundred
privileged, which is relevant to the subject of the
(100) kilometers from his or her residence to the
pending action, whether relating to the claim or
place where he or she is to testify by the ordinary
defense of any other party, including the
course of travel, or to a detention prisoner if no
existence, description, nature, custody, condition,
permission of the court in which his or her case
and location of any books, documents, or other
is pending was obtained. (10a)
tangible things and the identity and location of
persons having knowledge of relevant facts. (2)
Section 3. Examination and cross-examination. may require him or her to introduce all
— Examination and cross- examination of of it which is relevant to the part
deponents may proceed as permitted at the trial introduced, and any party may introduce
under Sections 3 to 18 of Rule 132. (3) any other parts. (4a)

Section 4. Use of depositions. — At the trial or Section 5. Effect of substitution of parties. —

upon the hearing of a motion or an interlocutory Substitution of parties does not affect the right to
proceeding, any part or all of a deposition, so far use depositions previously taken; and, when an
as admissible under the rules of evidence, may be action has been dismissed and another action
used against any party who was present or involving the same subject is afterward brought
represented at the taking of the deposition or who between the same parties or their representatives
had due notice thereof, in accordance with any or successors in interest, all depositions lawfully
one of the following provisions: taken and duly filed in the former action may be
used in the latter as if originally taken therefor.
(a) Any deposition may be used by any (5)
party for the purpose of contradicting or
impeaching the testimony of the Section 6. Objections to admissibility. — Subject
deponent as a witness; to the provisions of Section 29 of this Rule,
objections may be made at the trial or hearing to
receiving in evidence any deposition or part
(b) The deposition of a party or of any one
thereof for any reason which would require the
who at the time of taking the deposition
exclusion of the evidence if the witness were
was an officer, director, or managing
then present and testifying. (6)
agent of a public or private corporation,
partnership, or association which is a
Section 7. Effect of taking depositions. — A
party may be used by an adverse party
party shall not be deemed to make a person his or
for any purpose;
her own witness for any purpose by taking his or
her deposition. (7a) Section 8. Effect of using
(c) The deposition of a witness, whether or depositions. — The introduction in evidence of
not a party, may be used by any party the deposition or any part thereof for any purpose
for any purpose if the court finds: (1) other than that of contradicting or impeaching the
that the witness is dead; or (2) that the deponent makes the deponent the witness of the
witness resides at a distance more than party introducing the deposition, but this shall
one hundred (100) kilometers from the not apply to the use by an adverse party of a
place of trial or hearing, or is out of the deposition as described in paragraph (b) of
Philippines, unless it appears that his or Section 4 of this Rule. (8)
her absence was procured by the party
offering the deposition; or (3) that the Section 9. Rebutting deposition. — At the trial or
witness is unable to attend or testify hearing, any party may rebut any relevant
because of age, sickness, infirmity, or evidence contained in a deposition whether
imprisonment; or (4) that the party introduced by him or her or by any other party.
offering the deposition has been unable (9a)
to procure the attendance of the witness
by subpoena; or (5) upon application Section 10. Persons before whom depositions
and notice, that such exceptional may be taken within the Philippines. — Within
circumstances exist as to make it the Philippines, depositions may be taken before
desirable, in the interest of justice and any judge, notary public, or the person referred
with due regard to the importance of to in Section 14 hereof. (10)
presenting the testimony of witnesses
orally in open court, to allow the Section 11. Persons before whom depositions
deposition to be used; and may be taken in foreign countries. — In a foreign
state or country, depositions may be taken (a) on
(d) If only part of a deposition is offered in notice before a secretary of embassy or legation,
evidence by a party, the adverse party consul general, consul, vice-consul, or consular
agent of the Republic of the Philippines; (b) shown, the court in which the action is pending
before such person or officer as may be may make the following orders:
appointed by commission or under letters
rogatory; or (c) the person referred to in Section (a) That the deposition shall not be taken;
14 hereof. (11) (b) That the deposition may be taken only at
some designated place other than that
Section 12. Commission or letters rogatory. — A stated in the notice;
commission or letters rogatory shall be issued (c) That the deposition may be taken only on
only when necessary or convenient, on written interrogatories;
application and notice, and on such terms and (d) That certain matters shall not be inquired
with such direction as are just and appropriate. into;
Officers may be designated in notices or (e) That the scope of the examination shall
commissions either by name or descriptive title be held with no one present except the
and letters rogatory may be addressed to the parties to the action and their officers or
appropriate judicial authority in the foreign counsel;
country. (12) (f) That after being sealed the deposition
shall be opened only by order of the
Section 13. Disqualification by interest. — No court;
deposition shall be taken before a person who is (g) That secret processes, developments, or
a relative within the sixth degree of research need not be disclosed; or
consanguinity or affinity, or employee or counsel (h) That the parties shall simultaneously file
of any of the parties; or who is a relative within specified documents or information
the same degree, or employee of such counsel; or enclosed in sealed envelopes to be opened
who is financially interested in the action. (13) as directed by the court.

Section 14. Stipulations regarding taking of The court may make any other order
depositions. — If the parties so stipulate in which justice requires to protect the party or
writing, depositions may be taken before any witness from annoyance, embarrassment, or
person authorized to administer oaths, at any oppression. (16a)
time or place, in accordance with these Rules,
and when so taken may be used like other Section 17. Record of examination; oath;
depositions. (14) objections. — The officer before whom the
deposition is to be taken shall put the witness on
Section 15. Deposition upon oral examination; oath and shall personally, or by some one acting
notice; time and place. — A party desiring to under his or her direction and in his or her
take the deposition of any person upon oral presence, record the testimony of the witness.
examination shall give reasonable notice in The testimony shall be taken stenographically
writing to every other party to the action. The unless the parties agree otherwise. All objections
notice shall state the time and place for taking the made at the time of the examination to the
deposition and the name and address of each qualifications of the officer taking the deposition,
person to be examined, if known, and if the name or to the manner of taking it, or to the evidence
is not known, a general description sufficient to presented, or to the conduct of any party, and any
identify him or her or the particular class or other objection to the proceedings, shall be noted
group to which he or she belongs. On motion of by the officer upon the deposition. Evidence
any party upon whom the notice is served, the objected to shall be taken subject to the
court may for cause shown enlarge or shorten the objections. In lieu of participating in the oral
time. (15a) examination, parties served with notice of taking
a deposition may transmit written interrogatories
to the officers, who shall propound them to the
Section 16. Orders for the protection of parties witness and record the answers verbatim. (17a)
and deponents. — After notice is served for
taking a deposition by oral examination, upon Section 18. Motion to terminate or limit
motion seasonably made by any party or by the examination. — At any time during the taking of
person to be examined and for good cause the deposition, on motion or petition of any party
or of the deponent and upon a showing that the and shall promptly file it with the court in which
examination is being conducted in bad faith or in the action is pending or send it by registered mail
such manner as unreasonably to annoy, to the clerk thereof for filing. (20a)
embarrass, or oppress the deponent or party, the
court in which the action is pending or the Section 21. Notice of filing. — The officer taking
Regional Trial Court of the place where the the deposition shall give prompt notice of its
deposition is being taken may order the officer filing to all the parties. (21)
conducting the examination to cease forthwith
from taking the deposition, or may limit the
Section 22. Furnishing copies. — Upon payment
scope and manner of the taking of the deposition,
of reasonable charges therefor, the officer shall
as provided in Section 16 of this Rule. If the
furnish a copy of the deposition to any party or to
order made terminates the examination, it shall
the deponent. (22)
be resumed thereafter only upon the order of the
court in which the action is pending. Upon
demand of the objecting party or deponent, the Section 23. Failure to attend of party giving
taking of the deposition shall be suspended for notice. — If the party giving the notice of the
the time necessary to make a notice for an order. taking of a deposition fails to attend and proceed
In granting or refusing such order, the court may therewith and another attends in person or by
impose upon either party or upon the witness the counsel pursuant to the notice, the court may
requirement to pay such costs or expenses as the order the party giving the notice to pay such
court may deem reasonable. (18) other party the amount of the reasonable
Section 19. Submission to witness; changes; expenses incurred by him or her and his or her
signing. — When the testimony is fully counsel in so attending, including reasonable
transcribed, the deposition shall be submitted to attorney's fees. (23a)
the witness for examination and shall be read to
or by him or her, unless such examination and Section 24. Failure of party giving notice to
reading are waived by the witness and by the serve subpoena. — If the party giving the notice
parties. Any changes in form or substance which of the taking of a deposition of a witness fails to
the witness desires to make shall be entered upon serve a subpoena upon him or her and the
the deposition by the officer with a statement of witness because of such failure does not attend,
the reasons given by the witness for making and if another party attends in person or by
them. The deposition shall then be signed by the counsel because he or she expects the deposition
witness, unless the parties by stipulation waive of that witness to be taken, the court may order
the signing or the witness is ill or cannot be the party giving the notice to pay such other
found or refuses to sign. If the deposition is not party the amount of the reasonable expenses
signed by the witness, the officer shall sign it and incurred by him or her and his or her counsel in
state on the record the fact of the waiver or of the so attending, including reasonable attorney's fees.
illness or absence of the witness or the fact of the (24a)
refusal to sign together with the reason given
therefor, if any, and the deposition may then be Section 25. Deposition upon written
used as fully as though signed, unless on a interrogatories; service of notice and of
motion to suppress under Section 29(f) of this interrogatories. — A party desiring to take the
Rule, the court holds that the reasons given for deposition of any person upon written
the refusal to sign require rejection of the interrogatories shall serve them upon every other
deposition in whole or in part. (19a) party with a notice stating the name and address
of the person who is to answer them and the
Section 20. Certification and filing by officer. — name or descriptive title and address of the
The officer shall certify on the deposition that the officer before whom the deposition is to be
witness was duly sworn to by him or her and that taken.
the deposition is a true record of the testimony Within ten (10) calendar days thereafter, a party
given by the witness. He or she shall then so served may serve crossinterrogatories upon
securely seal the deposition in an envelope the party proposing to take the deposition.
indorsed with the title of the action and marked Within five (5) calendar days thereafter the latter
"Deposition of (here insert the name of witness)" may serve re-direct interrogatories upon a party
who has served cross-interrogatories. Within made before the taking of the deposition
three (3) calendar days after being served with begins or as soon thereafter as the
re-direct interrogatories, a party may serve disqualification becomes known or could
recross-interrogatories upon the party proposing be discovered with reasonable diligence.
to take the deposition. (25a)
(c) As to competency or relevancy of
Section 26. Officers to take responses and evidence. — Objections to the
prepare record. — A copy of the notice and competency of a witness or the
copies of all interrogatories served shall be competency, relevancy, or materiality of
delivered by the party taking the deposition to testimony are not waived by failure to
the officer designated in the notice, who shall make them before or during the taking of
proceed promptly, in the manner provided by the deposition, unless the ground of the
Sections 17, 19 and 20 of this Rule, to take the objection is one which might have been
testimony of the witness in response to the obviated or removed if presented at that
interrogatories and to prepare, certify, and file or time.
mail the deposition, attaching thereto the copy of
the notice and the interrogatories received by him (d) As to oral examination and other
or her. (26a) particulars. — Errors and irregularities
occurring at the oral examination in the
Section 27. Notice of filing and furnishing manner of taking the deposition, in the
copies. —When a deposition upon form of the questions or answers, in the
interrogatories is filed, the officer taking it shall oath or affirmation, or in the conduct of
promptly give notice thereof to all the parties and the parties and errors of any kind which
may furnish copies to them or to the deponent might be obviated, removed, or cured if
upon payment of reasonable charges therefor. promptly prosecuted, are waived unless
(27) reasonable objection thereto is made at
the taking of the deposition.
Section 28. Orders for the protection of parties
and deponents. — After the service of the (e) As to form of written interrogatories. —
interrogatories and prior to the taking of the Objections to the form of written
testimony of the deponent, the court in which the interrogatories submitted under Sections
action is pending, on motion promptly made by a 25 and 26 of this Rule are waived unless
party or a deponent, and for good cause shown, served in writing upon the party
may make any order specified in Sections 15, 16 propounding them within the time
and 18 of this Rule which is appropriate and just allowed for serving succeeding cross or
or an order that the deposition shall not be taken other interrogatories and within three (3)
before the officer designated in the notice or that calendar days after service of the last
it shall not be taken except upon oral interrogatories authorized.
examination. (28)
(f) As to manner of preparation. — Errors
Section 29. Effect of errors and irregularities in
and irregularities in the manner in which
depositions. —
the testimony is transcribed or the
deposition is prepared, signed, certified,
(a) As to notice. — All errors and sealed, indorsed, transmitted, filed, or
irregularities in the notice for taking a otherwise dealt with by the officer under
deposition are waived unless written Sections 17, 19, 20 and 26 of this Rules
objection is promptly served upon the are waived unless a motion to suppress
party giving the notice. the deposition or some part thereof is
made with reasonable promptness after
(b) As to disqualification of officer. — such defect is, or with due diligence
Objection to taking a deposition because might have been, ascertained. (29a)
of disqualification of the officer before
whom it is to be taken is waived unless
 persons whose deposition may be taken and
specifying the subject matter of the examination
and whether the depositions shall be taken upon
RULE 24 DEPOSITIONS BEFORE ACTION
oral examination or written interrogatories. The
OR PENDING APPEAL
depositions may then be taken in accordance
with Rule 23 before the hearing. (4)
Section 1. Depositions before action; petition.
— A person who desires to perpetuate his or Section 5. Reference to court. — For the purpose
her own testimony or that of another person of applying Rule 23 to depositions for
regarding any matter that may be cognizable in perpetuating testimony, each reference therein to
any court of the Philippines, may file a verified the court in which the action is pending shall be
petition in the court of the place of the deemed to refer to the court in which the petition
residence of any expected adverse party. (1a) for such deposition was filed. (5)

Section 2. Contents of petition. — The petition Section 6. Use of deposition. — If a deposition to

shall be entitled in the name of the petitioner perpetuate testimony is taken under this Rule, or
and shall show: (a) that the petitioner expects if, although not so taken, it would be admissible
to be a party to an action in a court of the in evidence, it may be used in any action
Philippines but is presently unable to bring it or involving the same subject matter subsequently
cause it to be brought; (b) the subject matter of brought in accordance with the provisions of
the expected action and his or her interest Sections 4 and 5 of Rule 23. (6)
therein; (c) the facts which he or she desires to
establish by the proposed testimony and his or Section 7. Depositions pending appeal. — If an
her reasons for desiring to perpetuate it; (d) the appeal has been taken from a judgment of a
names or a description of the persons he or she court, including the Court of Appeals in proper
expects will be adverse parties and their cases, or before the taking of an appeal if the
addresses so far as known; and (e) the names time therefor has not expired, the court in
and addresses of the persons to be examined which the judgment was rendered may allow
and the substance of the testimony which he or the taking of depositions of witnesses to
she expects to elicit from each, and shall ask perpetuate their testimony for use in the event
for an order authorizing the petitioner to take of further proceedings in the said court. In such
the depositions of the persons to be examined case the party who desires to perpetuate the
named in the petition for the purpose of testimony may make a motion in the said court
perpetuating their testimony. (2a) for leave to take the depositions, upon the same
notice and service thereof as if the action was
Section 3. Notice and service. — The petitioner pending therein. The motion shall state (a) the
shall serve a notice upon each person named in names and addresses of the persons to be
the petition as an expected adverse party, examined and the substance of the testimony
together with a copy of the petition, stating that which he or she expects to elicit from each; and
the petitioner will apply to the court, at a time (b) the reason for perpetuating their testimony.
and place named therein, for the order If the court finds that the perpetuation of the
described in the petition. At least twenty (20) testimony is proper to avoid a failure or delay
calendar days before the date of the hearing, of justice, it may make an order allowing the
the court shall cause notice thereof to be served depositions to be taken, and thereupon the
on the parties and prospective deponents in the depositions may be taken and used in the same
manner provided for service of summons. (3a) manner and under the same conditions as are
prescribed in
these Rules for depositions taken in pending
actions. (7a)

Section 4. Order and examination. — If the court

is satisfied that the perpetuation of the testimony
may prevent a failure or delay of justice, it shall
make an order designating or describing the
 RULE 25 INTERROGATORIES TO
PARTIES RULE 26 ADMISSION BY ADVERSE
PARTY
Section 1. Interrogatories to parties; service
thereof. — Upon ex parte motion, any party
desiring to elicit material and relevant facts from Section 1. Request for admission. — At any time
any adverse parties shall file and serve upon the after issues have been joined, a party may file
latter written interrogatories to be answered by and serve upon any other party a written request
the party served or, if the party served is a public for the admission by the latter of the genuineness
or private corporation or a partnership or of any material and relevant document described
association, by any officer thereof competent to in and exhibited with the request or of the truth
testify in its behalf. (1a) of any material and relevant matter of fact set
forth in the request. Copies of the documents
Section 2. Answer to interrogatories. — The shall be delivered with the request unless copies
interrogatories shall be answered fully in writing have already been furnished. (1)
and shall be signed and sworn to by the person
making them. The party upon whom the Section 2. Implied admission. — Each of the
interrogatories have been served shall file and matters of which an admission is requested shall
serve a copy of the answers on the party be deemed admitted unless, within a period
submitting the interrogatories within fifteen (15) designated in the request, which shall not be less
calendar days after service thereof, unless the than fifteen (15) calendar days after service
court, on motion and for good cause shown, thereof, or within such further time as the court
extends or shortens the time. (2a) may allow on motion, the party to whom the
request is directed files and serves upon the party
Section 3. Objections to interrogatories. — requesting the admission a sworn statement
Objections to any interrogatories may be either denying specifically the matters of which
presented to the court within ten (10) calendar an admission is requested or setting forth in
days after service thereof, with notice as in case detail the reasons why he or she cannot truthfully
of a motion; and answers shall be deferred until either admit or deny those matters.
the objections are resolved, which shall be at as
early a time as is practicable. (3a) Objections to any request for admission shall be
submitted to the court by the party requested
Section 4. Number of interrogatories. — No within the period for and prior to the filing of his
party may, without leave of court, serve more or her sworn statement as contemplated in the
than one set of interrogatories to be answered by preceding paragraph and his or her compliance
the same party. (4) therewith shall be deferred until such objections
are resolved, which resolution shall be made as
early as practicable. (2a)
Section 5. Scope and use of interrogatories. —
Interrogatories may relate to any matters that can
be inquired into under Section 2 of Rule 23, and Section 3. Effect of admission. — Any admission
the answers may be used for the same purposes made by a party pursuant to such request is for
provided in Section 4 of the same Rule. (5) the purpose of the pending action only and shall
not constitute an admission by him or her for any
other purpose nor may the same be used against
Section 6. Effect of failure to serve written him or her in any other proceeding. (3a)
interrogatories. — Unless thereafter allowed by
the court for good cause shown and to prevent a
failure of justice, a party not served with written Section 4. Withdrawal. — The court may allow
interrogatories may not be compelled by the the party making an admission under this Rule,
adverse party to give testimony in open court, or whether express or implied, to withdraw or
to give a deposition pending appeal. (6) amend it upon such terms as may be just. (4)
Section 5. Effect of failure to file and serve scope of the examination and the person or
request for admission. — Unless otherwise persons by whom it is to be made. (2)
allowed by the court for good cause shown and
to prevent a failure of justice, a party who fails to Section 3. Report of findings. — If requested by
file and serve a request for admission on the the party examined, the party causing the
adverse party of material and relevant facts at examination to be made shall deliver to him or
issue which are, or ought to be, within the her a copy of a detailed written report of the
personal knowledge of the latter, shall not be examining physician setting out his or her
permitted to present evidence on such facts. (5) findings and conclusions. After such request and
delivery, the party causing the examination to be
made shall be entitled upon request to receive
RULE 27 PRODUCTION OR INSPECTION from the party examined a like report of any
OF DOCUMENTS OR THINGS examination, previously or thereafter made, of
the same mental or physical condition. If the
party examined refuses to deliver such report, the
Section 1. Motion for production or inspection;
court on motion and notice may make an order
order. — Upon motion of any party showing
requiring delivery on such terms as are just, and
good cause therefor, the court in which an action
if a physician fails or refuses to make such a
is pending may (a) order any party to produce
report, the court may exclude his or her
and permit the inspection and copying or
testimony if offered at the trial. (3a)
photographing, by or on behalf of the moving
party, of any designated documents, papers,
books, accounts, letters, photographs, objects or Section 4. Waiver of privilege. — By requesting
tangible things, not privileged, which constitute and obtaining a report of the examination so
or contain evidence material to any matter ordered or by taking the deposition of the
involved in the action and which are in his or her examiner, the party examined waives any
possession, custody or control; or (b) order any privilege he or she may have in that action or any
party to permit entry upon designated land or other involving the same controversy, regarding
other property in his or her possession or control the testimony of every other person who has
for the purpose of inspecting, measuring, examined or may thereafter examine him or her
surveying, or photographing the property or any in respect of the same mental or physical
designated relevant object or operation thereon. examination. (4a)
The order shall specify the time, place and
manner of making the inspection and taking
copies and photographs, and may prescribe such RULE 29 REFUSAL TO COMPLY WITH
terms and conditions as are just. (1a) MODES OF DISCOVERY

RULE 28 PHYSICAL AND MENTAL Section 1. Refusal to answer. — If a party or

EXAMINATION OF PERSONS other deponent refuses to answer any question
upon oral examination, the examination may be
Section 1. When examination may be ordered. — completed on other matters or adjourned as the
In an action in which the mental or physical proponent of the question may prefer. The
condition of a party is in controversy, the court in proponent may thereafter apply to the proper
which the action is pending may in its discretion court of the place where the deposition is being
order him or her to submit to a physical or taken, for an order to compel an answer. The
mental examination by a physician. (1a) same procedure may be availed of when a party
or a witness refuses to answer any interrogatory
submitted under Rules 23 or 25.
Section 2. Order for examination. — The order
for examination may be made only on motion for If the application is granted, the court
good cause shown and upon notice to the party to shall require the refusing party or deponent to
be examined and to all other parties, and shall answer the question or interrogatory and if it also
specify the time, place, manner, conditions and finds that the refusal to answer was without
substantial justification, it may require the introducing evidence of physical or
refusing party or deponent or the counsel mental condition;
advising the refusal, or both of them, to pay the
proponent the amount of the reasonable expenses (c) An order striking out pleadings or parts
incurred in obtaining the order, including thereof, or staying further proceedings
attorney's fees. until the order is obeyed, or dismissing
the action or proceeding or any part
If the application is denied and the court thereof, or rendering a judgement by
finds that it was filed without substantial default against the disobedient party; and
justification, the court may require the proponent
or the counsel advising the filing of the
(d) In lieu of any of the foregoing orders or
application, or both of them, to pay to the
in addition thereto, an order directing the
refusing party or deponent the amount of the
arrest of any party or agent of a party for
reasonable expenses incurred in opposing the
disobeying any of such orders except an
application, including attorney's fees. (1)
order to submit to a physical or mental
Section 2. Contempt of court. — If a party or examination. (3a)
other witness refuses to be sworn or refuses to
answer any question after being directed to do so Section 4. Expenses on refusal to admit. — If a
by the court of the place in which the deposition party after being served with a request under
is being taken, the refusal may be considered a Rule 26 to admit the genuineness of any
contempt of that court (2). document or the truth of any matter of fact,
serves a sworn denial thereof and if the party
Section 3. Other consequences. — If any party or requesting the admissions thereafter proves the
an officer or managing agent of a party refuses to genuineness of such document or the truth of any
obey an order made under Section 1 of this Rule such matter of fact, he or she may apply to the
requiring him or her to answer designated court for an order requiring the other party to pay
questions, or an order under Rule 27 to produce him or her the reasonable expenses incurred in
any document or other thing for inspection, making such proof, including reasonable
copying, or photographing or to permit it to be attorney's fees. Unless the court finds that there
done, or to permit entry upon land or other were good reasons for the denial or that
property, or an order made under Rule 28 admissions sought were of no substantial
requiring him or her to submit to a physical or importance, such order shall be issued. (4a)
mental examination, the court may make such
orders in regard to the refusal as are just, and SECTION 5. Failure of party to attend or serve
among others the following: answers. — If a party or an officer or managing
agent of a party wilfully fails to appear before the
(a) (a) An order that the matters regarding officer who is to take his or her deposition, after
which the questions were asked, or the being served with a proper notice, or fails to
character or description of the thing or serve answers to interrogatories submitted under
land, or the contents of the paper, or the Rule 25 after proper service of such
physical or mental condition of the party, interrogatories, the court on motion and notice,
or any other designated facts shall be may strike out all or any part of any pleading of
taken to be established for the purposes that party, or dismiss the action or proceeding or
of the action in accordance with the any part thereof, or enter a judgment by default
claim of the party obtaining the order; against that party, and in its discretion, order him
or her to pay reasonable expenses incurred by the
other, including attorney's fees. (5a)
(b) An order refusing to allow the
disobedient party to support or oppose
designated claims or defenses or Section 6. Expenses against the Republic of the
prohibiting him or her from introducing Philippines. —Expenses and attorney’s fees are
in evidence designated documents or not to be imposed upon the Republic of the
things or items of testimony, or from Philippines under this Rule. (6)
 etc.)-party claim, counterclaim or cross-
claim, the presentation of evidence shall be
terminated within a period of six (6) months
or one hundred eighty (180) calendar days.

RULE 30 TRIAL (c) The court shall decide and serve copies of its
decision to the parties within a period not
Section 1. Schedule of trial. — The parties shall exceeding ninety (90) calendar days from the
strictly observe the scheduled hearings as agreed submission of the case for resolution, with or
upon and set forth in the pre-trial order. without memoranda. (n)

(a) The schedule of the trial dates, for both Section 2. Adjournments and postponements. —
plaintiff and defendant, shall be continuous A court may adjourn a trial from day to day, and
and within the following periods: to any stated time, as the expeditious and
convenient transaction of business may require,
i. The initial presentation of plaintiff’s but shall have no power to adjourn a trial for a
evidence shall be set not later than thirty longer period than one month for each
(30) calendar days after the termination of adjournment, nor more than three months in all,
the pre-trial conference. Plaintiff shall be except when authorized in writing by the Court
allowed to present its evidence within a Administrator, Supreme Court.
period of three (3) months or ninety (90)
calendar days which shall include the date The party who caused the postponement is
of the judicial dispute resolution, if warned that the presentation of its evidence must
necessary; still be terminated on the remaining dates
previously agreed upon. (2a)
ii. The initial presentation of defendant’s
evidence shall be set not later than thirty [Section 3. Requisites of motion to postpone trial
(30) calendar days after the court’s ruling for absence of evidence. — Deleted]
on plaintiff’s formal offer of evidence.
The defendant shall be allowed to present Section 3. Requisites of motion to postpone trial
its evidence within a period of three (3) for illness of party or counsel. — A motion to
months or ninety (90) calendar days; postpone a trial on the ground of illness of a
party or counsel may be granted if it appears
iii. The period for the presentation of upon affidavit or sworn certification that the
evidence on the third (fourth, etc.) -party presence of such party or counsel at the trial is
claim, counterclaim or cross-claim shall indispensable and that the character of his or her
be determined by the court, the total of illness is such as to render his or her non-
which shall in no case exceed ninety (90) attendance excusable. (4a)
calendar days; and
Section 4. Hearing days and calendar call. —
iv. If deemed necessary, the court shall set Trial shall be held from Monday to Thursday,
the presentation of the parties’ respective and courts shall call the cases at exactly 8:30
rebuttal evidence, which shall be a.m. and 2:00 p.m., pursuant to Administrative
completed within a period of thirty (30) Circular No. 3-99. Hearing on motions shall be
calendar days. held on Fridays, pursuant to Section 8, Rule 15.

(b) The trial dates may be shortened depending All courts shall ensure the posting of their court
on the number of witnesses to be presented, calendars outside their courtrooms at least one
provided that the presentation of evidence of (1) day before the scheduled hearings, pursuant
all parties shall be terminated within a period to OCA Circular No. 250-2015. (n)
of ten (10) months or three hundred (300)
calendar days. If there are no third (fourth,
Section 5. Order of trial. — Subject to the Section 7. Agreed statement of facts. — The
provisions of Section 2 of Rule 31, and unless parties to any action may agree, in writing, upon
the court for special reasons otherwise directs, the facts involved in the litigation, and submit the
the trial shall be limited to the issues stated in the case for judgment on the facts agreed upon,
pre-trial order and shall proceed as follows: without the introduction of evidence.

(a) The plaintiff shall adduce evidence in support If the parties agree only on some of the facts in
of his or her complaint; issue, the trial shall be held as to the disputed
facts in such order as the court shall prescribe.
(b) The defendant shall then adduce evidence in (6)
support of his or her defense, counterclaim,
cross-claim and third-party complaint; [Section 7. Statement of judge. — Deleted]

(c) The third-party defendant, if any, shall Section 8. Suspension of actions. — The
adduce evidence of his or her defense, suspension of actions shall be governed by the
counterclaim, cross-claim and fourth-party provisions of the Civil Code and other laws. (8a)
complaint;
Section 9. Judge to receive evidence; delegation
(d) The fourth-party, and so forth, if any, shall to clerk of court. — The judge of the court where
adduce evidence of the material facts pleaded the case is pending shall personally receive the
by them; evidence to be adduced by the parties. However,
in default or ex parte hearings, and in any case
(e) The parties against whom any counterclaim where the parties agree in writing, the court may
or cross-claim has been pleaded, shall adduce delegate the reception of evidence to its clerk of
evidence in support of their defense, in the court who is a member of the bar. The clerk of
order to be prescribed by the court; court shall have no power to rule on objections to
any question or to the admission of exhibits,
(f) The parties may then respectively adduce which objections shall be resolved by the court
rebutting evidence only, unless the court, for upon submission of his or her report and the
good reasons and in the furtherance of transcripts within ten (10) calendar days from
justice, permits them to adduce evidence termination of the hearing. (9a)
upon their original case; and

(g) Upon admission of the evidence, the case RULE 31 CONSOLIDATION OR

shall be deemed submitted for decision, SEVERANCE
unless the court directs the parties to argue or
to submit their respective memoranda or any Section 1. Consolidation. — When actions
further pleadings. involving a common question of law or fact are
pending before the court, it may order a joint
If several defendants or third-party defendants, hearing or trial of any or all the matters in issue
and so forth, having separate defenses appear by in the actions; it may order all the actions
different counsel, the court shall determine the consolidated; and it may make such orders
relative order of presentation of their evidence. concerning proceedings therein as may tend to
(5a) avoid unnecessary costs or delay. (1)

Section 6. Oral offer of exhibits. — The offer of Section 2. Separate trials. — The court, in
evidence, the comment or objection thereto, and furtherance of convenience or to avoid prejudice,
the court ruling shall be made orally in may order a separate trial of any claim, cross-
accordance with Sections 34 to 40 of Rule 132. claim, counterclaim, or third-party complaint, or
(n) of any separate issue or of any number of claims,
crossclaims, counterclaims, third-party
complaints or issues. (2)
 may specify or limit the powers of the
commissioner, and may direct him or her to
report only upon particular issues, or to do or
perform particular acts, or to receive and report
evidence only, and may fix the date for
beginning and closing the hearings and for the
filing of his or her report. Subject to the
RULE 32 TRIAL BY COMMISSIONER specifications and limitations stated in the order,
the commissioner has and shall exercise the
power to regulate the proceedings in every
Section 1. Reference by consent. — By written hearing before him or her and to do all acts and
consent of both parties, the court may order any take all measures necessary or proper for the
or all of the issues in a case to be referred to a efficient performance of his or her duties under
commissioner to be agreed upon by the parties or the order. He or she may issue subpoenas and
to be appointed by the court. As used in these subpoenas duces tecum, swear witnesses, and
Rules, the word "commissioner" includes a unless otherwise provided in the order of
referee, an auditor and an examiner. (1) reference, he or she may rule upon the
admissibility of evidence. The trial or hearing
Section 2. Reference ordered on motion. — before him or her shall proceed in all respects as
When the parties do not consent, the court may, it would if held before the court. (3a)
upon the application of either or of its own
motion, direct a reference to a commissioner in Section 4. Oath of commissioner. — Before
the following cases: entering upon his or her duties the commissioner
shall be sworn to a faithful and honest
(a) When the trial of an issue of performance thereof. (4a)
fact requires the examination
of a long account on either Section 5. Proceedings before commissioner. —
side, in which case the Upon receipt of the order of reference unless
commissioner may be otherwise provided therein, the commissioner
directed to hear and report shall forthwith set a time and place for the first
upon the whole issue or any meeting of the parties or their counsel to be held
specific question involved within ten (10) calendar days after the date of the
therein; order of reference and shall notify the parties or
their counsel. (5a)
(b) When the taking of an
account is necessary for the Section 6. Failure of parties to appear before
information of the court commissioner. — If a party fails to appear at the
before judgment, or for time and place appointed, the commissioner may
carrying a judgment or order proceed ex parte or, in his or her discretion,
into effect; adjourn the proceedings to a future day, giving
notice to the absent party or his or her counsel of
(c) When a question of fact, the adjournment. (6a)
other than upon the
pleadings, arises upon Section 7. Refusal of witness. — The refusal of a
motion or otherwise, in any witness to obey a subpoena issued by the
stage of a case, or for commissioner or to give evidence before him or
carrying a judgment or order her, shall be deemed a contempt of the court
into effect. (2) which appointed the commissioner. (7a)

Section 3. Order of reference; powers of the Section 8. Commissioner shall avoid delays. — It
commissioner. — When a reference is made, the is the duty of the commissioner to proceed with
clerk shall forthwith furnish the commissioner all reasonable diligence. Either party, on notice
with a copy of the order of reference. The order to the parties and commissioner, may apply to
the court for an order requiring the commissioner
to expedite the proceedings and to make his or
her report. (8a)
RULE 33 DEMURRER TO EVIDENCE

Section 9. Report of commissioner. — Upon the

Section 1. Demurrer to evidence. — After the
completion of the trial or hearing or proceeding
plaintiff has completed the presentation of his or
before the commissioner, he or she shall file with
her evidence, the defendant may move for
the court his or her report in writing upon the
dismissal on the ground that upon the facts and
matters submitted to him or her by the order of
the law the plaintiff has shown no right to relief.
reference. When his or her powers are not
If his or her motion is denied, he or she shall
specified or limited, he or she shall set forth his
have the right to present evidence. If the motion
or her findings of fact and conclusions of law in
is granted but on appeal the order of dismissal is
his or her report. He or she shall attach thereto all
reversed, he or she shall be deemed to have
exhibits, affidavits, depositions, papers and the
waived the right to present evidence. (1a)
transcript, if any, of the testimonial evidence
presented before him or her. (9a)
Section 2. Action on demurrer to evidence. — A
demurrer to evidence shall be subject to the
Section 10. Notice to parties of the filing of
provisions of Rule 15.
report. — Upon the filing of the report, the
parties shall be notified by the clerk, and they
shall be allowed ten (10) calendar days within The order denying the demurrer to evidence shall
which to signify grounds of objections to the not be subject of an appeal or petition for
findings of the report, if they so desire. certiorari, prohibition or mandamus before
Objections to the report based upon grounds judgment. (n)
which were available to the parties during the
proceedings before the commissioner, other than
objections to the findings and conclusions therein
set forth, shall not be considered by the court RULE 34 JUDGMENT ON THE
unless they were made before the commissioner.
PLEADINGS
(10a)

Section 1. Judgment on the pleadings. – Where

Section 11. Hearing upon report. — Upon the
an answer fails to tender an issue, or otherwise
expiration of the period of ten (10) calendar days
admits the material allegations of the adverse
referred to in the preceding section, the report
party’s pleading, the court may, on motion of
shall be set for hearing, after which the court
that party, direct judgment on such pleading.
shall issue an order adopting, modifying, or
However, in actions for declaration of nullity or
rejecting the report in whole or in part, or
annulment of marriage or for legal separation,
recommitting it with instructions, or requiring the
the material facts alleged in the complaint shall
parties to present further evidence before the
always be proved. (1)
commissioner or the court. (11a)

Section 2. Action on motion for judgment on the

Section 12. Stipulations as to findings. — When
pleadings. — The court may motu proprio or on
the parties stipulate that a commissioner's
motion render judgment on the pleadings if it is
findings of fact shall be final, only questions of
apparent that the answer fails to tender an issue,
law shall thereafter be considered. (12)
or otherwise admits the material allegations of
the adverse party’s pleadings. Otherwise, the
Section 13. Compensation of commissioner. — motion shall be subject to the provisions of Rule
The court shall allow the commissioner such 15 of these Rules.
reasonable compensation as the circumstances of
the case warrant, to be taxed as costs against the
Any action of the court on a motion for judgment
defeated party, or apportioned, as justice
on the pleadings shall not be subject of an appeal
requires. (13)
or petition for certiorari, prohibition or controversy, including the extent to which the
mandamus. (n) amount of damages or other relief is not in
controversy, and direct such further proceedings
in the action as are just. The facts so ascertained
shall be deemed established, and the trial shall be
conducted on the controverted facts accordingly.
RULE 35 SUMMARY JUDGMENTS (4a)

Section 1. Summary judgment for claimant. — A Section 5. Form of affidavits and supporting
party seeking to recover upon a claim, papers. — Supporting and opposing affidavits
counterclaim, or cross-claim or to obtain a shall be made on personal knowledge, shall set
declaratory relief may, at any time after the forth such facts as would be admissible in
pleading in answer thereto has been served, evidence, and shall show affirmatively that the
move with supporting affidavits, depositions or affiant is competent to testify to the matters
admissions for a summary judgment in his or her stated therein. Certified true copies of all papers
favor upon all or any part thereof. (1a) or parts thereof referred to in the affidavit shall
be attached thereto or served therewith. (5)
Section 2. Summary judgment for defending
party. — A party against whom a claim, Section 6. Affidavits in bad faith. — Should it
counterclaim, or cross-claim is asserted or a appear to its satisfaction at any time that any of
declaratory relief is sought may, at any time, the affidavits presented pursuant to this Rule are
move with supporting affidavits, depositions or presented in bad faith, or solely for the purpose
admissions for a summary judgment in his or her of delay, the court shall forthwith order the
favor as to all or any part thereof. (2a) offending party or counsel to pay to the other
party the amount of the reasonable expenses
Section 3. Motion and proceedings thereon. — which the filing of the affidavits caused him or
The motion shall cite the supporting affidavits, her to incur, including attorney's fees, it may,
depositions or admissions, and the specific law after hearing further adjudge the offending party
relied upon. The adverse party may file a or counsel guilty of contempt. (6a)
comment and serve opposing affidavits,
depositions, or admissions within a non-
extendible period of five (5) calendar days from
receipt of the motion. Unless the court orders the
conduct of a hearing, judgment sought shall be
rendered forthwith if the pleadings, supporting RULE 144 EFFECTIVENESS
affidavits, depositions and admissions on file,
show that, except as to the amount of damages, These rules shall take effect on January 1,
there is no genuine issue as to any material fact 1964. They shall govern all cases brought after
and that the moving party is entitled to judgment they take effect, and also all further proceedings
as a matter of law. in cases then pending, except to the extent that in
the opinion of the court, their application would
Any action of the court on a motion for summary not be feasible or would work injustice, in which
judgment shall not be subject of an appeal or even the former procedure shall apply.
petition for certiorari, prohibition or mandamus.
(3a) The 2019 Proposed Amendments to the
1997 Rules of Civil Procedure shall govern all
Section 4. Case not fully adjudicated on motion. cases filed after their effectivity on May 1, 2020,
— If on motion under this Rule, judgment is not and also all pending proceedings, except to the
rendered upon the whole case or for all the reliefs extent that in the opinion of the court, their
sought and a trial is necessary, the court may, by application would not be feasible or would work
examining the pleadings and the evidence before injustice, in which case the procedure under
it and by interrogating counsel, ascertain what which the cases were filed shall govern. (n)
material facts exist without substantial
 The application and adherence to the said
amendments shall be subject to periodic
monitoring by the Sub-Committee, through the
Office of the Court Administrator (OCA). For
this purpose, all courts covered by the said
amendments shall accomplish and submit a
periodic report of data in a form to be generated
and distributed by the OCA. (n)

All rules, resolutions, regulations or

circulars of the Supreme Court or parts thereof
that are inconsistent with any provision of the
said amendments are hereby deemed repealed or
modified accordingly. (n)