1940 Rules of Court

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

These rules shall be liberally construed in order to promote their object and to assist the parties in obtaining just, speedy, and inexpensive determination of every action and proceeding.

• Rule 2  Commencement of Actions
  • Section 1  Action Defined.

    Action means an ordinary suit in a court of justice, by which one party prosecutes another for the enforcement or protection of a right, or the prevention or redress of a wrong. Every other remedy is a special proceeding.

  • Section 2  Commencement of Action.

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

  • Section 3  Splitting a Cause of Action, Forbidden.

    A single cause of action cannot be split up into two or more parts so as to be made the subject of different complaints.

  • Section 4  Effect of Splitting.

    If separate complaints are brought for different parts of a single cause of action, the filing of the first may be pleaded in abatement of the others, and a judgment upon the merits in either is available as a bar in the others.

  • Section 5  Joinder of Causes of Action.

    Subject to rules regarding venue and joinder of parties, a party may in one complaint, counterclaim, cross-claim and third-party claim state, in the alternative or otherwise, as many different causes of action as he may have against an opposing party.

• Rule 3  Parties to Civil Actions
  • Section 1  Who May Be Parties.

    Only natural or juridical persons may be parties in a civil action.

  • Section 2  Parties in Interest.

    Every action must be prosecuted in the name of the real party in interest.

  • Section 3  Trustees.

    A trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, a guardian, executor or administrator, or a party authorized by statute, may sue or be sued without joining the party for whose benefit the action is presented or defended; but the court may, at any stage of the proceedings, order such beneficiary to be made a party.

  • Section 4  Married Woman.

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

    • a

      When the action concerns her paraphernal property;

    • b

      When the action is between herself and her husband;

    • c

      When she is living separately and apart from her husband for just cause. (See Art. 113, N.C.C.)

  • Section 5  Infants, or Incompetent Persons.

    A minor, insane, or person declared judicially to be incompetent, may sue or be sued through his guardian, or if he has none, through a guardian ad litem appointed by court.

  • Section 6  Permissive Joinder of Parties.

    All persons in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, may, except as otherwise provided in these rules, join as plaintiffs or be joined as defendants in one complaint, where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action; but the court may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest.

  • Section 7  Compulsory Joinder of Indispensable Parties.

    Parties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants.

  • Section 8  Joinder of Necessary Parties.

    When persons who are not indispensable but who ought to be parties if complete relief is to be accorded as between those already parties, have not been made parties and are subject to the jurisdiction of the court as to both service of process and venue, the court shall order them summoned to appear in the action. But the court may, in its discretion, proceed in the action without making such persons parties, and the judgment rendered therein shall be without prejudice to the rights of such persons.

  • Section 9  Non-Joinder of Necessary Parties to Be Pleaded.

    In any pleading in which relief is asked, the pleader shall set forth the names, if known to him, of persons who ought to be parties if complete relief is to be accorded between those already parties, but who are not joined, and shall state why they are omitted.

  • Section 10  Unwilling Co-Plaintiff.

    If the consent of any party who should be joined as plaintiff cannot be obtained, he may be made a defendant and the reason therefor shall be stated in the complaint.

  • Section 11  Misjoinder and Non-Joinder of Parties.

    Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.

  • Section 12  Class Suit.

    When the subject-matter of the controversy is one of common or general interest to many persons, and the parties are so numerous that it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all. But in such case the court shall make sure that the parties actually before it are sufficiently numerous and representative so that all interests concerned are fully protected. Any party in interest shall have a right to intervene in protection of his individual interest.

  • Section 13  Alternative Defendants.

    Where the plaintiff is uncertain against which of several persons he is entitled to relief, he may join any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right to relief against the other.

  • Section 14  Unknown Identity or Name of Defendant.

    Whenever the identity or name of a defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by such other designation as the case may require; when his identity or true name is discovered, the pleading must be amended accordingly.

  • Section 15  Associations as Defendants.

    When two or more persons, associated in any business, transact such business under a common name, whether it comprises the names of such persons or not, the associates may be sued by such common name.

  • Section 16  Duty of Attorney upon Death or Incapacity of Party.

    Whenever a party to a pending case dies or becomes insane, it shall be the duty of his attorney to inform the court promptly of such death or insanity and to give the name and residence of the executor or administrator, guardian, or other legal representative of the deceased or insane.

  • Section 17  Death of Party.

    After a party dies and the claim is not thereby extinguished, the court shall order, upon proper notice, the legal-representative of the deceased to appear and to be substituted for the deceased, within a period of thirty (30) days, or within such time as may be granted. If the legal representative fails to appear within said time, the court may order the opposing party to procure the appointment of a legal representative of the deceased within a time to be specified by the court, and the representative shall immediately appear for and on behalf of the interest of the deceased. The court charges involved in procuring such appointment, if defrayed by the opposing party, may be recovered as costs. The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment of an executor or administrator and the court may appoint guardian ad litem for the minor heirs.

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

    When an officer of the Philippines is a party in an action and during its pendency dies, resigns, or otherwise ceases to hold office, the action may be continued and maintained by or against his successor, if within thirty (30) days after the successor takes office it is satisfactorily shown to the court that there is a substantial need for so continuing and maintaining it. Substitution pursuant to this rule may be made when it is shown by supplemental pleading that the successor of an officer adopts or continues or threatens to adopt or continue the action of his predecessor in enforcing a law averred to be in violation of the Constitution of the Philippines. Before a substitution is made, the party or officer to be affected, unless expressly assenting thereto, shall be given reasonable notice of the application therefor and accorded an opportunity to object.

  • Section 19  Incompetency.

    If a party becomes incompetent, the court, upon motion with notice, may allow the action to be continued by or against his representative.

  • Section 20  Transfer of Interest.

    In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party.

  • Section 21  Where Claim Does Not Survive.

    When the action is for the recovery of money, debt or interest thereon, and the defendant dies before final judgment in the Court of First Instance, it shall be dismissed to be prosecuted in the manner especially provided in these rules.

  • Section 22  Pauper Litigant.

    Any court may authorize a litigant to prosecute his action or defense as a pauper upon a proper showing that he has no means to that effect by affidavits, certificate of the corresponding provincial or municipal treasurer, or otherwise. Such authority once given shall include an exemption from payment of legal fees and from filing appeal bond, printed record and printed brief. The legal fees shall be a lien to any judgment rendered in the case favorably to the pauper, unless the court otherwise provides.

  • Section 23  Notice to Solicitor-General.

    In any action involving the validity of any treaty, law, ordinance or executive order or regulation, a superior court, in its discretion, may require the appearance of the Solicitor-General who may be heard in person or through a representative duly designated by him.

• Rule 4  Venue of Pleadings, Trial, Judgment and Execution
  • Section 1  Meaning of Words.

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

  • Section 2  Venue in Inferior Courts.

    Forcible entry and detainer actions regarding real property shall be brought in the municipality in which the subject-matter thereof is situated. If the property be found in two or more municipalities actions may be brought in any of them, at the option of the plaintiff.

    • All other civil actions in inferior courts shall be brought:

      • a

        In the place specified by the parties by means of a written agreement, whenever the court shall have jurisdiction to try the action by reason of its nature or the amount involved;

      • b

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

      • c

        When the place of execution of the written contract sued upon does not appear therein, or the action is not upon a written contract, then in the municipality where the defendant or any of the defendants resides or may be served with summons. (See also Rep. Act No. 1171, Venue in labor cases.)

  • Section 3  The Complaint.

    The complaint shall state the name and residence of the plaintiff and those of the defendant, the substance of the claim made, the grounds of action, the relief sought, and the date when the claim is presented to the court.

  • Section 4  Date of Filing of Complaint.

    Upon the filing of a complaint in an inferior court, the judge or clerk if any, shall indorse thereon the day, month, and year upon which it was filed, and forthwith issue the corresponding summons to the defendants.

  • Section 5  Summons.

    The provisions of Rule 7 hereof shall, so far as applicable, regulate summons issued by inferior courts; but the direction contained in the summons must be that the defendant appear, answer the complaint, and produce his evidence, at a stated place, day, and hour, which shall be not less than two days nor more than five days after the service of the summons if it be served in the municipality or city in which the action is brought, nor less than ten days nor more than twenty days after such service if the summons be served out of the municipality. The plaintiff must be notified of the date, time and place set for the trial.

  • Section 6  The Answer.

    The defendant may answer the complaint orally or in writing, by either denying specifically the material allegations of the complaint, or alleging any lawful defense. He may also interpose a counterclaim for an amount within the court's jurisdiction, but it must be in writing, and if requested by the defendant, the justice or municipal judge shall reduce the same to writing.

  • Section 7  Motion to Dismiss or for Judgment on the Pleadings.

    A motion to dismiss or for judgment on the pleadings may be filed on any of the grounds provided in Rule 8 and immediately upon its denial the movant shall give his answer.

  • Section 8  Order of Trial.

    On the trial, the court shall hear first the testimony of the plaintiff and his witnesses, next the testimony of the defendant and his witnesses, and finally the plaintiff may offer rebutting testimony. When the testimony has been closed, the plaintiff or his representative shall be heard in argument, if he so desires, and upon the conclusion of his argument, the defendant or his representative shall be heard in argument, and thereafter the plaintiff or his representative may conclude the argument.

  • Section 9  Adjournment.

    Inferior courts may adjourn the hearing of an action from day to day as the interest of justice requires, but shall not have power to adjourn hearings for a longer period than five days for each adjournment, nor for more than fifteen days in all.

  • Section 10  Offer to Compromise.

    If the defendant, at any time before the trial, offers in writing to allow judgment to be taken against him for a specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued; but if he does not accept such offer before the trial, and fails to recover in the action a sum in excess of the offer, he cannot recover costs, but costs must be adjudged against him, and, if he recovers, be deducted from his recovery. The offer and failure to accept it cannot affect the recovery otherwise than as to costs.

  • Section 11  Judgment after Trial, When and How Rendered.

    At the conclusion of the trial, the justice or municipal judge shall render judgment for the plaintiff or for the defendant as the law and evidence may warrant. If there is a counterclaim, the justice or municipal judge shall render judgment for the sum found in arrears from either party, with costs. But he may adjourn the disposition of the case to a stated day, not exceeding one week from the time of the conclusion of the trial, for the consideration of judgment, if he requires time for consideration.

  • Section 12  Dismissal upon Plaintiff's Failure to Appear.

    If the plaintiff does not appear at the time and place designated in the summons, the justice or municipal judge may dismiss the action for failure to prosecute, and render judgment for the defendant to recover his costs. But such dismissal without hearing shall not be a bar to a subsequent action for the same cause.

  • Section 13  Judgment by Default.

    If the defendant does not appear at the time and place designated in the summons, he may be declared in default, and the court shall thereupon proceed to hear the testimony of the plaintiff and his witnesses, and shall render judgment for the plaintiff in accordance with the facts alleged and proved.

  • Section 14  Vacating Dismissals and Defaults.

    Within two hours after the entry of a dismissal or default, as provided in the last two preceding sections, the court may set aside such entry and allow the party against whom such dismissal or default had been entered to have a trial upon the merits of the cause, if such party appears and makes it manifest to the court that his failure to appear at the time and place designated in the summons was by reason of fraud, accident or mistake.

  • Section 15  Form of Judgment.

    The judgment shall be in writing and signed by the justice of the peace or municipal judge, but it need not contain findings of fact or conclusions of law.

  • Section 16  New Trial.

    Within the time provided for perfecting an appeal from a judgment rendered by an inferior court and before an appeal is so perfected, the court may grant a new trial to correct an error or injustice it may have committed.

  • Section 17  Procedure on Minor Matters.

    Where a claim does not exceed twenty pesos, no written or formal pleadings need be filed, but the judge shall note the claim, and in such form as he may deem best and convenient under the circumstances shall summon the parties and hear them as well as their witnesses. If the defendant fails to appear at the first informal call, a formal summons with an information as to the claim against him may be issued. After the hearing, both parties shall be informed of the judgment, which may be oral, but shall be noted in the corresponding docket together with the claim, defense and all the proceedings had thereon. No fees shall be charged or costs allowed in such proceedings.

  • Section 18  Execution.

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

  • Section 19  Application of Certain Rules.

    Rules 10, 12, 13, 14, 18, 28, 29, 30 and 39 are applicable in inferior courts in cases falling within their jurisdictions and in so far as they are not inconsistent with the provisions of this rule.

• Rule 5  Venue
  • Section 1  General Rule.

    Civil actions in Courts of First Instance may be commenced and tried where the defendant or any of the defendants resides or may be found, or where the plaintiff or any of the plaintiffs resides, at the election of the plaintiff. (See R.A. No. 1171).

  • Section 2  Non-Resident Defendant.

    If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff, or any property of the defendant located in the Philippines, the action may be commenced and tried in the province where the plaintiff resides or the property, or any portion thereof, is situated or found.

  • Section 3  Real Action.

    Actions affecting title to, or for recovery of possession, or for partition or condemnation of, or foreclosure of mortgage on, real property, shall be commenced and tried in the province where the property or any part thereof lies.

  • Section 4  Venue by Agreement and Waiver.

    By agreement of the parties the venue of an action may be changed or transferred from one province to another. When improper venue is not objected to prior to the trial, it is deemed waived.

• Rule 6  Complaint
  • Section 1  Complaint; Its Contents.

    The complaint is a concise statement of the ultimate facts constituting the plaintiff's cause or causes of action, and shall specify the relief sought; but it may add a general prayer for such further or other relief as may be deemed just or equitable. The names of the parties plaintiff and defendant must all be mentioned in the complaint.

  • Section 2  Headings.

    When two or more causes of action are joined, the statement of the first shall be prefaced by the words "first cause of action," of the second by \"second cause of action," and so on for the others.

• Rule 7  Summons
  • Section 1  Clerk to Issue Summons.

    Upon the filing of the complaint, the clerk of court shall forthwith issue the corresponding summons to the defendants.

  • Section 2  Defendants Residing in Different Provinces.

    If the defendants reside in different provinces, one summons shall issue for all the defendants residing in one province and another for all the defendants residing in another province, and in the same way until summons have been issued for all the defendants.

  • Section 3  Contents.

    The summons shall be directed to the defendant, signed by the clerk of the court under its seal, and contain: (a) the name of the court and the names of the parties to the action; (b) a direction that the defendant answer within the time fixed by these rules; (c) a notice that unless the defendant so answers, plaintiff will take judgment by default and demand from the court the relief applied for.

    • A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and each copy of the summons.

  • Section 4  Issuance of Other Summons.

    If a summons is returned without being served on any or all of the defendants, or if it has been lost, the clerk, on demand of the plaintiff, may issue other summons as the case may require, in the same form as the original.

  • Section 5  By Whom Summons May Be Served.

    The summons may be served by the sheriff or other proper court officer of the province in which service is to be made, or for special reasons by any person especially authorized by the judge of the court issuing the summons.

  • Section 6  Return.

    When the service has been completed, the server shall give notice thereof, by registered mail, to the plaintiff or his counsel, and shall return the summons to the clerk who issued it, accompanied with the proof of service.

  • Section 7  Personal Service of Summons.

    The summons shall be served by handing a copy thereof to the defendant in person, or, if he refuses to receive it, by tendering it to him.

  • Section 8  Substituted Service.

    If the defendant cannot be promptly served as required in the preceding section, service may be effected by leaving copies of the summons at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by leaving the copies at defendant's office or regular place of business with some competent person in charge thereof or upon the defendant by registered mail.

  • Section 9  Service upon Associations.

    When persons associated in business are sued under a common name service may be effected upon all the defendants by serving upon any one of them, or upon the person in charge of the office or place of business maintained in the common name. But such service shall not bind individually any person whose connection with the association has, upon due notice, been severed before the action was brought.

  • Section 10  Service upon Minors.

    When the defendant is a minor, service shall be made on him personally and also on his guardian; but the court may order that service made on a minor of 15 or more years of age shall be sufficient.

  • Section 11  Service upon Insane or Incompetent.

    When the defendant is insane or judicially declared incompetent, service shall be effected on him personally and on his guardian.

  • Section 12  Service upon Prisoners.

    When a prisoner confined in a jail or institution is a defendant, service may be effected upon him by serving on the officer having the management of such jail or institution.

  • Section 13  Service upon Private Domestic Corporation or Partnership.

    If the defendant is a corporation formed under the laws of the Philippines or a partnership duly registered, service may be made on the president, manager, secretary, cashier, agent, or any of its directors.

  • Section 14  Service upon Private Foreign Corporations.

    If the defendant is a foreign corporation, or a non-resident joint stock company or association, doing business in the Philippines, service may be made on its resident agent designated in accordance with law for that purpose, or, if there be no such agent, on the government official designated by law to that effect, or on any of its officers or agents within the Philippines.

  • Section 15  Service upon Public Corporations.

    When the defendant is the Government of the Philippines, service may be effected on the Solicitor-General; in case of a province, city, municipality, or like public corporations, service may be effected on its executive head, or on such other officer or officers as the court may direct.

  • Section 16  Service upon an Unknown Defendant.

    Whenever the defendant is designated as an unknown owner, or the like, or whenever the address of a defendant is unknown and cannot be ascertained by diligent inquiry, service may, by leave of court, be effected upon him by publication in such places and for such time as the court may order.

  • Section 17  Extra-Territorial Service.

    When the defendant does not reside and is not found in the Philippines and the action affects the personal status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein, or the property of the defendant has been attached within the Philippines, service may, by leave of court, be effected out of the Philippines by personal service as under section 7; or by registered mail; or by publication in such places and for such time as the court may order, in which case a copy of the summons and order of the court shall be sent by ordinary mail to the last known address of the defendant; or in any other manner the court may deem sufficient. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) days after notice, within which the defendant must answer.

  • Section 18  Residents.

    When an action is commenced against a defendant who ordinarily resides within the Philippines, but who is temporarily out of it, service may, by leave of court, be effected out of the Philippines, as under the preceding section.

  • Section 19  Leave of Court.

    Any application to the court under this rule for leave to effect service in any manner for which leave of court is necessary shall be made by motion in writing, supported by affidavit of the plaintiff or some person on his behalf, setting forth the grounds for the application.

  • Section 20  Proof of Service.

    The proof of service of a summons shall be made in writing by the server and shall set forth the manner, place, and date of service; shall specify any papers which have been served with the process; and shall be sworn to when made by a person other than a sheriff or his deputy.

  • Section 21  Proof of Service by Publication.

    If the service has been made by publication, service may be proved by the affidavit of the printer, his foreman or principal clerk, or of the editor, business or advertising manager, to which affidavit a copy of the publication shall be attached, and by an affidavit showing the deposit of a copy of the summons and order for publication in the post office, postage prepaid, directed to the defendant by ordinary mail to his last known address.

  • Section 22  Proof of Service by Registered Mail.

    Service of summons by registered mail may be proved by an affidavit of the sheriff or person specially authorized by the court, showing that a copy of the summons, inclosed in an envelope and addressed to the defendant, with postage prepaid, has been mailed, to which affidavit the registry receipt and return card shall be attached.

  • Section 23  What is Equivalent to Service.

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

  • Section 24  Notice of Lis Pendens.

    In an action affecting the title or the right of possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterwards, may record in the office of the registrar of deeds of the province in which the property is situated a notice of the pendency of the action, containing the names of the parties and the object of the action or defense, and a description of the property in that province affected thereby. From the time only of filing such notice for record shall a purchaser, or incumbrancer of the property affected thereby, be deemed to have constructive notice of the pendency of the action, and only of its pendency against parties designated by their real names.

• Rule 8  Motion to Dismiss
  • Section 1  Preliminary Questions.

    Defendant may, within the time for pleading, file a motion to dismiss the action on any of the following grounds:

    • a

      That the court has no jurisdiction of the person of the defendant or of the subject-matter of the action or suit;

    • b

      That venue is improperly laid;

    • c

      That the plaintiff has no legal capacity to sue;

    • d

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

    • e

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

    • f

      That the complaint states no cause of action;

    • g

      That the claim or demand set forth in the plaintiff's pleading has been released;

    • h

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

    • i

      That the cause of action did not accrue against the defendant because of his infancy or other disability.

  • Section 2  Scope of the Rule.

    Similar motion may be made by a third-party defendant, or by plaintiff in a counterclaim, or by a co-party in a cross-claim.

  • Section 3  Order.

    After hearing the court may deny or grant the motion or allow amendment of pleading, or may defer the hearing and determination of the motion until the trial if the ground alleged therein does not appear to be indubitable.

  • Section 4  Time to Plead.

    A motion under this rule interrupts the time to plead.

  • Section 5  Affirmative Defenses.

    If no motion to dismiss has been filed, any of the grounds therefor as provided in this rule, may be pleaded as an affirmative defense, and a preliminary hearing may be had thereon as if a motion to dismiss has been filed.

• Rule 9  Answer
  • Section 1  Time and Contents.

    Within fifteen (15) days after service of summons the defendant shall file his answer and serve a copy thereof upon the plaintiff. The answer shall contain a concise statement of the ultimate facts on which he relies for his defense.

  • Section 2  Time to Answer When Defendant Is Foreign Corporation.

    Where the defendant is a foreign corporation and service of summons is made on the government official designated by law to that effect, the defendant may answer within thirty (30) days after receipt of summons.

  • Section 3  After Amendment.

    If the complaint is amended, the time limited for the filing and service of the answer shall, unless otherwise ordered, run from service of the amended complaint. An answer filed before the amendment shall stand as an answer to the amended complaint, unless a new answer is filed within ten days from notice of admission of the amended complaint.

  • Section 4  Headings.

    When one or more paragraphs in the answer are addressed to one of several causes of action in the complaint they shall be prefaced by the words \"Answer to First Cause of Action\" or \"Answer to Second Cause of Action\" and so on; and when one or more paragraphs of the answer are addressed to several causes of action they shall be prefaced by words to that effect.

  • Section 5  Answer of Associations.

    Persons associated in business who are sued under a common name must all be named individually in the answer filed by them or on their behalf with their business address.

  • Section 6  Defenses.

    The answer shall contain either a specific denial or a statement of matters in avoidance of the cause or causes of action asserted in the complaint.

  • Section 7  Specific Denial.

    The defendant must deal specifically with each material allegation of fact the truth of which he does not admit and, whenever practicable, shall set forth the substance of the matters which he will rely upon to support his denial. Where a pleader desires to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Where the defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint, he shall so state, and this shall have the effect of a denial.

  • Section 8  Allegations Not Specifically Denied.

    Material averment in the complaint, other than those as to the amount of damage, shall be deemed admitted when not specifically denied. Allegations of usury are deemed admitted if not denied specifically and under oath.

  • Section 9  Affirmative Defenses.

    The defendant may set forth by answer as many affirmative defenses as he may have. All such grounds of defense as would raise issues of fact not arising upon the preceding pleading must be specifically pleaded, including fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and all other matter by way of confession and avoidance. When a party has mistakenly designated a defense as a counterclaim, or a counterclaim as a defense, the court may treat the pleading as if it had been properly designated without requiring repleading.

  • Section 10  Waiver of Defenses.

    Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived; except the defense of failure to state a cause of action, which may be alleged in a later pleading, if one is permitted, or by motion for judgment on the pleadings, or at the trial on the merits; but in the last instance, the motion shall be disposed of as provided in section 5 of Rule 17 in the light of any evidence which may have been received. Whenever it appears that the court has no jurisdiction over the subject-matter, it shall dismiss the action.

• Rule 10  Counterclaim and Cross-claim
  • Section 1  Counterclaim Defined.

    A counterclaim is any claim, whether for money or otherwise, which a party may have against the opposing party. A counterclaim need not diminish or defeat the recovery sought by the opposing party, but may claim relief exceeding in amount or different in kind from that sought by the opposing party's claim.

  • Section 2  Cross-Claim Defined.

    A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject-matter either of the original action or of a counterclaim therein. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

  • Section 3  Counterclaim or Cross-Claim in the Answer.

    The answer may contain any counterclaim or cross-claim which a party may have at the time against the opposing party or a co-defendant, provided that the court has jurisdiction to entertain the claim and can, if the presence of third parties is essential for its adjudication, acquire jurisdiction of such parties.

  • Section 4  Counterclaim or Cross-Claim Arising after Answer.

    A counterclaim or a cross-claim which either matured or was acquired by a party after serving his pleading may, with the permission of the court, be presented as a counterclaim or a cross-claim by supplemental pleading before judgment.

  • Section 5  Omitted Counterclaim or Cross-Claim.

    When a pleader fails to set up a counterclaim or a cross-claim through oversight, inadvertence, or excusable neglect, or when justice requires, he may, by leave of court, set up the counterclaim or cross-claim by amendment before judgment.

  • Section 6  Counterclaim Not Set Up Barred.

    A counterclaim not set up shall be barred if it arises out of or is necessarily connected with, the transaction or occurrence that is the subject-matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.

  • Section 7  Answer.

    A counterclaim or cross-claim must be answered in accordance with Rule 9 within ten (10) days from service.

  • Section 8  Counterclaim or Cross-Claim in the Plaintiff's or Co-Party's Answer.

    The party filing an answer under the preceding section, may plead therein a counterclaim or cross-claim in accordance with the provisions of this rule.

  • Section 9  Bringing New Parties.

    When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as defendants, if jurisdiction of them can be obtained.

• Rule 11  Reply
  • Section 1  Reply.

    The plaintiff may at the beginning of the trial assert any matter in denial or in avoidance of any affirmative averment made in the answer and may interpose any claims, legal or equitable, arising out of the transaction which is the subject-matter of such affirmative averment. If the plaintiff fails to make such reply, all the new matters alleged in the answer are deemed controverted.

• Rule 12  Third-party Complaint
  • Section 1  Claim against One Not a Party to an Action.

    When a defendant claims to be entitled against a person not a party to the action, hereinafter called the third-party defendant, to contribution, indemnity, subrogation or any other relief, in respect of the plaintiff's claim, he may file, with leave of court, against such person a pleading which shall state the nature of his claim and shall be called the third-party complaint.

  • Section 2  Motion for Leave.

    Before the service of his answer a defendant may move ex parte or, after the service of his answer, on notice to the plaintiff, for leave as third-party plaintiff to file a complaint against a third-party defendant.

  • Section 3  Summons.

    The third-party defendant shall be served with summons to which a copy of the third-party complaint and the plaintiff's complaint shall be attached.

  • Section 4  Third-Party Defendant's Answer.

    The third-party defendant may file his answer alleging his defenses as provided in Rule 9 and his counterclaims and cross-claims against the plaintiff, the third-party plaintiff or any other party as provided in Rule 10, and he may assert any defenses which the third-party plaintiff has to the plaintiff's claim.

  • Section 5  Complaint Amendment.

    The plaintiff may amend his pleadings to assert against the third-party defendant any claim which the plaintiff might have asserted against the third-party defendant had he been joined originally as a defendant.

  • Section 6  Effect of Adjudication.

    The third-party defendant shall be bound by the adjudication of the third-party plaintiff's liability to the plaintiff, as well as of his own to the plaintiff or to the third-party plaintiff.

  • Section 7  Third-Party Complaint by Plaintiff.

    Where a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under this rule would entitle a defendant to do so.

  • Section 8  Fourth, etc., Parties.

    A third-party defendant may proceed under this rule against any person not a party to the action who is or may be liable to him or to the third-party plaintiff for all or part of the claim made in the action against the third-party defendant.

• Rule 13  Intervention
  • Section 1  When Proper.

    A person may, at any period of a trial, be permitted by the court, in its discretion, to intervene in an action, if he has legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or when he is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof.

  • Section 2  Motion for Intervention.

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

  • Section 3  Discretion of Court.

    In allowing or disallowing a motion for intervention, the court, in the exercise of discretion, shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties and whether or not the intervenor's rights may be fully protected in a separate proceeding.

  • Section 4  Complaint or Answer in Intervention if Permitted.

    If permitted, the intervention shall be made by complaint filed and served in regular form, and may be answered as if it were an original complaint; but where intervenor unites with the defendant in resisting the claims of the plaintiff, the intervention may be made in the form of an answer to the complaint.

  • Section 5  Time.

    Unless a different period is fixed by the court, the complaint or answer in intervention shall be filed within ten (10) days from notice of the order permitting such intervention.

• Rule 14  Interpleader
  • Section 1  Interpleader When Proper.

    Whenever conflicting claims upon the same subject-matter are or may be made against a person, who claims no interest whatever in the subject-matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves.

  • Section 2  Order.

    Upon the filing of the complaint, the court shall issue an order requiring the conflicting claimants to interplead with one another. If the interests of justice require, the court may command in such order that the subject-matter be paid or transferred into court.

  • Section 3  Summons.

    Summons shall be served upon the conflicting claimants, together with a copy of the complaint and order.

  • Section 4  Failure to Plead.

    If any claimant fails to plead within the time fixed in the summons, the court may enter judgment barring him from any claim in respect to the subject-matter.

  • Section 5  Determination.

    After the pleadings of the conflicting claimants have been filed the court shall proceed to determine their respective rights and adjudicate their several claims.

  • Section 6  Costs as Lien.

    The costs shall be a first lien or charge upon the subject-matter of the proceedings unless the court shall otherwise order.

• Rule 15  Forms and Interpretation of Pleading
  • Section 1  Pleadings.

    The following rules shall be observed in framing the complaint, answer, reply, counterclaim, cross-claim and third-party complaint.

  • Section 2  Caption.

    Each pleading shall contain a caption setting forth the name of the court, the title of the action, the file number if assigned and a designation of the pleading. In the complaint the title of the action shall include the names of all the parties; but in other pleadings it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties.

  • Section 3  Contents.

    Every pleading shall contain, in a methodical and logical form, a plain, concise and direct statements of the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts.

  • Section 4  Paragraphs.

    Every pleading shall be divided into paragraphs so numbered as to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred to by a number in all succeeding pleadings.

  • Section 5  Signature and Address.

    Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If a pleading is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken out as sham and false and the action may proceed as though the pleading had not been served. For a willful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted.

  • Section 6  How Verified.

    A pleading is verified by an affidavit stating that the person verifying has read the pleading and that the allegations thereof are true of his own knowledge.

  • Section 7  Actionable Document.

    Whenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading, or said copy may with like effect be set forth in the pleading.

  • Section 8  How to Contest Genuineness of Actionable Documents.

    When an action or defense is founded upon a written instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and due execution of the instrument shall be deemed admitted unless specifically denied under oath by the adverse party; but this provision does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused.

  • Section 9  Alternative Causes of Action or Defenses.

    A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements.

  • Section 10  Conditions Precedent.

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

  • Section 11  Capacity.

    It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. A party desiring to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.

  • Section 12  Fraud, Mistake, Condition of the Mind.

    In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated with particularity. Malice, intent, knowledge or other condition of mind of a person may be averred generally.

  • Section 13  Judgment.

    In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.

  • Section 14  Official Document or Act.

    In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law.

  • Section 15  Striking Out.

    Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within twenty (20) days after the service of the pleading upon him or upon the court's own initiative at any time, the court may order any redundant, immaterial, impertinent, or scandalous matter stricken out from any pleading.

  • Section 16  Extension of the Time to Plead.

    Upon motion and on such terms as may be just the court may extend the time to plead provided in these rules.

  • Section 17  Liberal Construction.

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

• Rule 16  Particulars
  • Section 1  Motion for Bill of Particulars.

    Before responding to a pleading or, if no responsive pleading is permitted by these rules, within ten (10) days after service of the pleading upon him, a party may move for a more definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading or to prepare for trial. Such motion shall point out the defects complained of and the details desired.

  • Section 2  Stay.

    After service of the amended pleading or bill of particulars or after notice of denial of his motion, the moving party shall have the same time to serve his responsive pleading, if any is permitted by these rules, as that to which he was entitled at the time of serving his motion, but not less than five (5) days in any event.

  • Section 3  Refusal.

    If an order of the court to make more definite and certain or for a bill of particulars is not obeyed within ten (10) days after notice of the order or within such other time as the court may fix, the court may strike out the pleading to which the motion was directed or make such other order as it deems just. The court may upon motion set aside the order, or modify it in the interest of justice.

  • Section 4  Part of Pleading.

    A bill of particulars becomes a part of the pleading which it supplements. It shall be governed by the rules of pleading, and the original shall be filed with the clerk of court.

• Rule 17  Amended and Supplemental Pleadings
  • Section 1  Amendment, How Made.

    A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within ten (10) days after it is served.

  • Section 2  By Leave.

    The court may, upon motion at any stage of an action, and upon such terms as may be just, order or give leave to either party to alter or amend any pleading, process, affidavit, or other document in the cause, to the end that the real matter in dispute and all matters in the action in dispute between the parties may, as far as possible, be completely determined in a single proceeding. But such order or leave shall be refused if it appears to the court that the motion was made with intent to delay the action.

  • Section 3  Incorporation.

    When any pleading is amended, a new copy of the pleading, incorporating the amendments, which shall be indicated by appropriate marks, shall be filed with the clerk of court.

  • Section 4  Amendment to Conform to Evidence.

    When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects, as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.

  • Section 5  Supplemental Pleadings.

    Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrence or events which have happened since the date of the pleading sought to be supplemented. If the court deems it advisable that the adverse party should plead thereto, it shall so order, specifying the time therefor.

• Rule 18  Depositions and Discovery
  • Section 1  Depositions Pending Action, When May Be Taken.

    By leave of court after jurisdiction has been obtained over any defendant or over property which is the subject of the action, or without such leave after an answer has been served, the testimony of any person, whether a party or not, may be taken, at the instance of any party, by deposition upon oral examination or written interrogatories. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 29. Depositions shall be taken only in accordance with these rules. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.

  • Section 2  Scope of Examination.

    Unless otherwise ordered by the court as provided by section 16 or 18 of this rule, the deponent may be examined regarding any matter, not privileged, which is relevant to the subject-matter involved in the pending action, whether relating to the claim or defense of the examining party, or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts.

  • Section 3  Examination and Cross-Examination.

    Examination and cross-examination of deponents may proceed as permitted at the trial under Rule 123, sections 79 to 89.

  • Section 4  Use of Depositions.

    At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance with any one of the following provisions:

    • a

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

    • b

      The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent of a public or private corporation, partnership, or association which is a party may be used by an adverse party for any purpose;

    • c

      The deposition of a witness, whether or not a party, may be used by any party for any purpose, if the court finds: (1) that the witness is dead; or (2) that the witness is out of the province and at a greater distance than 50 kilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that his absence was procured by the party offering the deposition; or (3) that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (4) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (5) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used;

    • d

      If only part of a deposition is offered in evidence by a party, the adverse party may require him to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.

  • Section 5  Effect of Substitution of Parties.

    Substitution of parties does not affect the right to use depositions previously taken; and, when an action has been dismissed and another action involving the same subject-matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor.

  • Section 6  Objections to Admissibility.

    Subject to the provisions of section 29 of this rule, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.

  • Section 7  Effect of Taking Depositions.

    A party shall not be deemed to make a person his own witness for any purpose by taking his deposition.

  • Section 8  Effect of Using Depositions.

    The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use of an adverse party of a deposition as described in paragraph (b) of section 4 of this rule.

  • Section 9  Rebutting Deposition.

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

  • Section 10  Persons before Whom Depositions May Be Taken within the Philippines.

    Within the Philippines, depositions shall be taken before any judge, justice of the peace or notary public.

  • Section 11  Persons before Whom Depositions May Be Taken in Foreign Countries.

    In a foreign state or country, depositions shall be taken (a) on notice before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the Republic of the Philippines, or (b) before such person or officer as may be appointed by commission or under letters rogatory.

  • Section 12  Commission or Letters Rogatory.

    A commission or letters rogatory shall be issued only when necessary or convenient, on application and notice, and on such terms and with such directions as are just and appropriate. Officers may be designated in notices or commissions either by name or descriptive title and letters rogatory may be addressed "To the Appropriate Judicial Authority in (here name the country)."

  • Section 13  Disqualification by Interest.

    No deposition shall be taken before a person who is a relative within the sixth degree of consanguinity or affinity, or employee or attorney of any of the parties, or is a relative within the same degree, or employee of such attorney, or is financially interested in the action.

  • Section 14  Stipulations Regarding Taking of Depositions.

    If the parties so stipulate in writing, depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions.

  • Section 15  Deposition upon Oral Examinations; Notice; Time and Place.

    A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. On motion of any party upon whom the notice is served, the court may for cause shown enlarge or shorten the time.

  • Section 16  Orders for the Protection of Parties and Deponents.

    After notice is served for taking a deposition by oral examination, upon motion seasonably made by any party or by the person to be examined and upon notice and for good cause shown, the court in which the action is pending may make an order that the deposition shall not be taken, or that it may be taken only at some designated place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers or counsel, or that after being sealed the deposition shall be opened only by order of the court, or that secret processes, developments, or research need not be disclosed, or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court; or the court may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression.

  • Section 17  Record of Examination; Oath; Objections.

    The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by some one acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically unless the parties agree otherwise. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties served with notice of taking a deposition may transmit written interrogatories to the officers, who shall propound them to the witness and record the answers verbatim.

  • Section 18  Motion to Terminate or Limit Examination.

    At any time during the taking of the deposition, on motion of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the court in the province where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in section 16 of this rule. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a notice for an order. In granting or refusing such order the court may impose upon either party or upon the witness the requirement to pay such costs or expenses as the court may deem reasonable.

  • Section 19  Submission to Witness; Changes; Signing.

    When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress under section 29 (f) of this rule, the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

  • Section 20  Certification and Filing by Officer.

    The officer shall certify on the deposition that the witness was duly sworn to by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked \"Deposition of (here insert name of witness)\" and shall promptly file it with the court in which the action is pending or send it by registered mail to the clerk thereof for filing.

  • Section 21  Notice of Filing.

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

  • Section 22  Furnishing Copies.

    Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent.

  • Section 23  Failure to Attend of Party Giving Notice.

    If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by him and his attorney in so attending, including reasonable attorney's fees.

  • Section 24  Failure of Party Giving Notice to Serve Subpoena.

    If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon him and the witness because of such failure does not attend, and if another party attends in person or by attorney because he expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by him and his attorney in so attending, including reasonable attorney's fees.

  • Section 25  Deposition upon Written Interrogatories; Service of Notice and of Interrogatories.

    A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken. Within ten (10) days thereafter a party so served may serve cross-interrogatories upon the party proposing to take the deposition. Within five (5) days thereafter the latter may serve re-direct interrogatories upon a party who has served cross-interrogatories. Within three (3) days after being served with re-direct interrogatories, a party may serve recross-interrogatories upon the party proposing to take the deposition.

  • Section 26  Officers to Take Responses and Prepare Record.

    A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by sections 17, 19 and 20 of this rule, to take the testimony of the witness in response to the interrogatories and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the interrogatories received by him.

  • Section 27  Notice of Filing and Furnishing Copies.

    When a deposition upon interrogatories is filed, the officer taking it shall promptly give notice thereof to all the parties, and may furnish copies to them or to the deponent upon payment of reasonable charges therefor.

  • Section 28  Orders for the Protection of the Parties and Deponents.

    After the service of interrogatories and prior to the taking of the testimony of the deponent, the court in which the action is pending, on motion promptly made by a party or a deponent, upon notice and good cause shown, may make any order specified in sections 15, 16 and 18 of this rule which is appropriate and just or an order that the deposition shall not be taken before the officer designated in the notice or that it shall not be taken except upon oral examination.

  • Section 29  Effect of Errors and Irregularities in Depositions.
    • a  As to notice.

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

    • b  As to disqualification of officer.

      Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.

    • c  As to competency or relevancy of evidence.

      Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.

    • d  As to oral examination and other particulars.

      Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind which might be obviated, removed, or cured if promptly prosecuted, are waived unless reasonable objection thereto is made at the taking of the deposition.

    • e  As to form of written interrogatories.

      Objections to the form of written interrogatories submitted under sections 25 and 26 of this rule are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other interrogatories and within three days after service of the last interrogatories authorized.

    • f  As to manner of preparation.

      Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed or otherwise dealt with by the officer under sections 15 to 26 of this rule are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

• Rule 19  Depositions Before Action or Pending Appeal
  • Section 1  Depositions before Action; Petition.

    A person who desire to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of the Philippines, may file a verified petition in the court of the province of the residence of any expected adverse party.

  • Section 2  Contents of Petition.

    The petition shall be entitled in the name of the petitioner and shall show: (a) that the petitioner expects to be a party to an action in a court of the Philippines but is presently unable to bring it or cause it to be brought; (b) the subject-matter of the expected action and his interest therein; (c) the facts which he desire to establish by the proposed testimony and his reasons for desiring to perpetuate it; (d) the names or a description of the persons he expects will be adverse parties and their addresses so far as known; and (e) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony.

  • Section 3  Notice and Service.

    The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty (20) days before the date of hearing the notice shall be served in the manner provided for service of summons.

  • Section 4  Order and Examination.

    If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject-matter of the examination, and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with the preceding rule.

  • Section 5  Reference to Court.

    For the purpose of applying the preceding rule to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.

  • Section 6  Use of Deposition.

    If a deposition to perpetuate testimony is taken under this rule, or if, although not so taken, it would be admissible in evidence, it may be used in any action involving the same subject-matter subsequently brought in accordance with the provisions of sections 4 and 5 of the preceding rule.

  • Section 7  Depositions Pending Appeal.

    If an appeal has been taken from a judgment of a court of First Instance or before the taking of an appeal if the time therefor has not expired, the Court of First Instance in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the said court. In such case the party who desires to perpetuate the testimony may make a motion in the said Court of First Instance for leave to take the depositions, upon the same notice and service thereof as if the action was pending therein. The motion shall show (a) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each; and (b) the reason for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in the Court of First Instance.

• Rule 20  Interrogatories
  • Section 1  Interrogatories to Parties; Service Thereof.

    Any party may serve upon any adverse party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer thereof competent to testify in its behalf.

  • Section 2  Answer to Interrogatories.

    The interrogatories shall be answered separately and fully in writing under oath. The answers shall be signed by the person making them; and the party upon whom the interrogatories have been served shall serve a copy of the answers on the party submitting the interrogatories within fifteen days after the delivery of the interrogatories, unless the court, on motion and notice and for good cause shown, enlarges or shortens the time.

  • Section 3  Objections to Interrogatories.

    Objections to any interrogatories may be presented to the court within ten days after service thereof, with notice as in case of a motion; and answers shall be deferred until the objections are determined, which shall be at as early a time as is practicable.

  • Section 4  Number of Interrogatories.

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

• Rule 21  Production or Inspection of Documents or Things
  • Section 1  Motion for Production or Inspection; Order.

    Upon motion of any party showing good cause therefor and upon notice to all other parties, the court in which an action is pending may (a) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, not privileged, which constitute or contain evidence material to any matter involved in the action and which are in his possession, custody or control; or (b) order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated relevant object or operation thereon. The order shall specify the time, place and manner of making the inspection and taking copies and photographs, and may prescribe such terms and conditions as are just.

• Rule 22  Physical and Mental Examinations of Person
  • Section 1  When Examination May Be Ordered.

    In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending may in its discretion order him to submit to physical or mental examination by a physician.

  • Section 2  Order for Examination.

    The order for examination may be made only on motion for good cause shown and upon notice to the party to be examined and to all other parties, and shall specify the time, place, manner, conditions and scope of the examination and the person or persons by whom it is to be made.

  • Section 3  Report of Findings.

    If requested by the person examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician setting out his findings and conclusions. After such request and delivery the party causing the examination to be made shall be entitled upon request to receive from the party examined a like report of any examination, previously or thereafter made, of the same mental or physical condition. If the party examined refuses to deliver such report the court on motion and notice may make an order requiring delivery on such terms as are just, and if a physician fails or refuses to make such a report the court may exclude his testimony if offered at the trial.

  • Section 4  Waiver of Privilege.

    By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect of the same mental or physical condition.

• Rule 23  Admission by Adverse Party
  • Section 1  Request for Admission.

    At any time after the pleadings are closed, a party may serve upon any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of fact set forth therein. Copies of the documents shall be delivered with the request unless copies have already been furnished.

  • Section 2  Implied Admission.

    Each of the matters of which an admission is requested shall be deemed admitted unless, within a period designated in the request, not less than ten days after service thereof or within such further time as the court may allow on motion and notice, the party to whom the request is directed serves upon the party requesting the admission a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters.

  • Section 3  Effect of Admission.

    Any admission made by a party pursuant to such request is for the purpose of the pending action only and neither constitutes an admission by him for any other purpose nor may the same be used against him in any other proceeding.

  • Section 4  Withdrawal.

    The court may allow the party making any admission under this rule to withdraw or amend it upon such terms as may be just.

• Rule 24  Refusal to Make Discovery
  • Section 1  Refusal to Answer.

    If a party or other deponent refuses to answer any question propounded upon oral examination, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on reasonable notice to all persons affected thereby, he may apply to the court in the province where the deposition is taken for an order compelling an answer. Upon the refusal of a witness to answer any interrogatory submitted under sections 25 and 26 of Rule 18 or upon the refusal of a party to answer any interrogatory submitted under Rule 20, the proponent of the question may on like notice make like application for such an order. If the motion is granted and if the court finds that the refusal was without substantial justification, it shall require the refusing party or deponent and the party or attorney advising the refusal or either of them to pay to the examining party the amount of the reasonable expenses incurred in obtaining the order, including reasonable attorney's fees. If the motion is denied and if the court finds that the motion was made without substantial justification, it shall require the examining party or the attorney advising the motion or both of them to pay to the refusing party or deponent the amount of the reasonable expenses incurred in opposing the motion, including reasonable attorney's fees.

  • Section 2  Contempt of Court.

    If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the court in the province in which the deposition is being taken, the refusal may be considered a contempt of that court.

  • Section 3  Other Consequences.

    If any party or an officer or managing agent of a party refuses to obey an order made under section 1 of this rule requiring him to answer designated questions, or an order under Rule 21 to produce any document or other thing for inspection, copying, or photographing or to permit it to be done, or to permit entry upon land or other property, or an order made under Rule 22 requiring him to submit to a physical or mental examination, the court may make such orders in regard to the refusal as are just, and among others the following:

    • a

      An order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or the physical or mental condition of the party, or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

    • b

      An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing in evidence designated documents or things or items of testimony, or from introducing evidence of physical or mental condition;

    • c

      An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;

    • d

      In lieu of any of the foregoing orders or in addition thereto, an order directing the arrest of any party or agent of a party for disobeying any of such orders except an order to submit to a physical or mental examination.

  • Section 4  Expenses on Refusal to Admit.

    If a party, after being served with a request under Rule 28 to admit the genuineness of any documents or the truth of any matters of fact, serves a sworn denial thereof and if the party requesting the admissions thereafter proves the genuineness of any such document or the truth of any such matter of fact, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making such proof, including reasonable attorney's fees. Unless the court finds that there were good reasons for the denial or that the admissions sought were of no substantial importance, the order shall be made.

  • Section 5  Failure of Party to Attend or Serve Answers.

    If a party or an officer or managing agent of a party wilfully fails to appear before the officer who is to take his deposition, after being served with a proper notice, or fails to serve answers to interrogatories submitted under Rule 20, after proper service of such interrogatories, the court on motion and notice may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party.

  • Section 6  Expenses against the Republic of the Philippines.

    Expenses and attorney's fees are not to be imposed upon the Republic of the Philippines under this rule.

• Rule 25  Pre-trial
  • Section 1  Pre-Trial Procedure; Formulating Issues.

    In any action, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:

    • a

      The possibility of an amicable settlement;

    • b

      The simplification of the issues;

    • c

      The necessity or desirability of amendments to the pleadings;

    • d

      The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

    • e

      The limitation of the number of expert witnesses;

    • f

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

    • g

      Such other matters as may aid in the disposition of the action.

    • The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish by rule a pre-trial calendar on which actions may be placed for consideration as above provided.

• Rule 26  Motions
  • Section 1  Motion Defined.

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

  • Section 2  Motion Must Be in Writing.

    All motions shall be made in writing except motion for continuance made in the presence of the adverse party, or those made in the course of a hearing or trial.

  • Section 3  Contents.

    A motion shall state the order sought to be obtained and the grounds upon which it is based, and shall be accompanied by supporting affidavits and other papers.

  • Section 4  Notice.

    Notice of a motion shall be served by the applicant to all parties concerned, at least three days before the hearing thereof, together with a copy of the motion, and of any affidavits and other papers accompanying it. The court, however, for good cause may hear a motion on shorter notice, specially on matters which the court may dispose of on its own motion.

  • Section 5  Contents of Notice.

    The notice shall be directed to the parties concerned, and shall state the time and place for the hearing of the motion.

  • Section 6  Proof of Service, to Be Filed with Motion.

    No motion shall be acted upon by the court, without proof of service of the notice thereof.

  • Section 7  Motion Day.

    The first hours of the morning session of the court every Saturday of each week shall be devoted to hearing motions, unless, for special reasons, the court shall fix another day for the hearing of any particular motion.

  • Section 8  Omnibus Motion.

    A motion attacking a pleading or a proceeding shall include all objections then available, and all objections not so included shall be deemed waived.

  • Section 9  Form.

    The rules applicable to pleadings shall also apply to all motions so far as concerns caption, signing and other matters of form.

• Rule 27  Service and Filing of Pleadings and Other Papers
  • Section 1  Filing with the Court, Defined.

    The filing of pleadings, appearances, motions, notices, orders and other papers with the court as required by these rules shall be made by filing them with the clerk of the court. The date of the mailing of motions, pleadings, or any other papers or payments or deposits, as shown by the post-office registry receipt, shall be considered as the date of their filing, payment, or deposit in this court.

  • Section 2  Papers to Be Filed and Served.

    Every order required by its terms to be served, every pleading subsequent to the complaint, every written motion other than one which may be heard ex-parte, and every written notice, appearance, demand, offer of judgment or similar papers shall be filed with the court, and served upon the parties affected thereby. If any of such parties has appeared by an attorney or attorneys, service upon him shall be made upon his attorneys or one of them, unless service upon the party himself is ordered by the court. Where one attorney appears for several parties, he shall only be entitled to one copy of any paper served upon him by the opposite side.

  • Section 3  Modes of Service.

    Service of pleadings, motions, notices, orders, judgments and other papers shall be made either personally or by mail.

  • Section 4  Personal Service.

    Service of the papers may be made by delivering personally a copy to the party or his attorney, or by leaving it in his office with his clerk or with a person having charge thereof. If no person is found in his office, or his office is not known, then by leaving the copy, between the hours of eight in the morning and six in the evening, at the party's or attorney's residence, if known, with a person of sufficient discretion to receive the same.

  • Section 5  Service by Mail.

    Service may also be made by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or his attorney at his office, if known, otherwise at his residence, if known, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten days if unclaimed.

  • Section 6  Substituted Service.

    If personal service or service by mail cannot be made under the two preceding sections, the office and place of residence of the party or his attorney being unknown, service may be made by delivering the copy to the clerk of court, with a proof of failure of personal service and service by mail. The service is complete at the time of such delivery.

  • Section 7  Service of Final Orders or Judgments.

    Final orders or judgments shall be served either personally or by registered mail.

  • Section 8  Completeness of Service.

    Personal service is complete upon actual delivery. Service by mail is complete upon the expiration of five (5) days after mailing, unless the court otherwise provides. Service by registered mail is complete upon actual receipt by the addressee; but if he fails to claim his mail from the post office within five days from the date of first notice of the postmaster, the service shall take effect at the expiration of such time.

  • Section 9  When Service Not Necessary.

    No service of papers shall be necessary on a party in default except when he files a motion to set aside the order of default, in which event he is entitled to notice of all further proceedings.

  • Section 10  Proof of Service.

    Proof of personal service shall consist of a written admission of the party served, or the affidavit of the party serving, containing a full statement of the date, place and manner of the service. If the service is by mail, proof thereof shall consist of an affidavit of the person mailing, together with the registry receipt issued by the mailing office if the letter has been registered. The registry return card shall be filed immediately upon receipt thereof by the sender, or in lieu thereof the letter unclaimed together with the certified or sworn copy of the notice given by the postmaster to addressee.

• Rule 28  Computation of Time
  • Section 1  How to Compute Time.

    In computing any period of time prescribed or allowed by these rules, by order of court, of by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the time shall run until the end of the next day which is neither a Sunday nor a holiday.

• Rule 29  Subpoena
  • Section 1  Subpoena and Subpoena Duces Tecum.

    Subpoena is a process directed to a person requiring him to attend and to testify at the hearing or the trial of an action or at any investigation conducted under the law of the Philippines, or for the taking of his deposition. It may also require him to bring with him any books, documents, or other things under his control, in which case it is called a subpoena duces tecum.

  • Section 2  By Whom Shall Be Issued.

    The subpoena shall be issued by the court or judge before whom the witness is required to attend, or by the Judge of the Court of First Instance of the province or any judge of the municipality or city where the deposition is to be taken or the investigation is to be conducted, or by any Justice of the Supreme Court or Court of Appeals in any case pending within the Philippines. If a prisoner, not confined in a municipal jail, is required to attend before an inferior court, the Judge of the Court of First Instance of the province where the inferior court is sitting, or any Justice of the Court of Appeals or of the Supreme Court may issue the subpoena.

  • Section 3  Form and Contents.

    A subpoena shall be signed by the clerk under the seal of the court, or by the judge if his court has no clerk. It shall state the name of the court and the title of the action or investigation, shall be directed to the person whose attendance is required, and shall contain a reasonable description of the books, documents or things therein demanded, which must appear prima facie sufficiently relevant.

  • Section 4  Quashing a Subpoena Duces Tecum.

    The court upon motion made promptly and in any event at or before the time specified in the subpoena duces tecum for compliance therewith, may (a) quash the subpoena if it is unreasonable and oppressive or (b) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers or things.

  • Section 5  Sufficient Authority.

    Proof of service of a notice to take a deposition, as provided in sections 15 and 25 of Rule 18, constitutes a sufficient authorization for the issuance of subpoenas for the persons named therein by the clerk of the Court of First Instance for the province, or by the judge of the municipality or city, in which the deposition is to be taken. The clerk shall not, however, issue a subpoena duces tecum to any such person without an order of the court.

  • Section 6  Service.

    Service of a subpoena shall be made by the sheriff, by his deputy, or by any other person specially authorized who is not a party and is not less than 18 years of age. The original shall be exhibited and a copy thereof delivered to the person named therein, tendering to him the fees for one day's attendance and the kilometrage allowed by these rules, except that, when a subpoena is issued by or on behalf of the Republic of the Philippines or an officer or agency thereof, the tender need not be made.

    • The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance.

  • Section 7  Service When Witness Is Concealed.

    If it is shown by affidavit that a witness is concealed in a building or vessel so as to prevent the service upon him of a subpoena and that his testimony or the things demanded from him are material, the court or judge issuing the subpoena may issue an order authorizing the sheriff or his deputy or the person specially authorized to serve, to break into the building or vessel where the witness is concealed for the purpose of carrying the service into effect.

  • Section 8  Service of Subpoena upon a Prisoner.

    If the witness required to attend is a prisoner, the subpoena shall be served upon the officer having the management of the jail, who in turn shall serve it upon the prisoner.

  • Section 9  Witness Not Bound by Subpoena.

    A witness is not bound to attend as such before any court, judge, or other officer out of the province in which he resides, unless the distance be less than 50 kilometers from his place of residence to the place of trial by the usual course of travel. A prisoner cannot be removed from the province where he is serving sentence.

  • Section 10  Personal Presence in Court.

    A person present in court before a judicial officer may be required to testify in the same manner as if he were in attendance upon a subpoena issued by such court or officer.

  • Section 11  Compelling Attendance.

    In case of failure of a witness to attend, the court or judge issuing the subpoena, upon proof of the service thereof, and of the failure of the witness, may issue a warrant to the sheriff of the province, or his deputy, to arrest the witness and bring him before the court or officer where his attendance is required, and the costs of such warrant and seizure of such witness shall be paid by the witness if the authority issuing it shall determine that his failure to answer the subpoena was willful and without just excuse.

  • Section 12  Contempt.

    Failure by any person without adequate excuse to obey a subpoena served upon him shall be deemed a contempt of the court from which the subpoena is issued.

• Rule 30  Dismissal of Actions
  • Section 1  Dismissal by the Plaintiff.

    An action may be dismissed by the plaintiff without order of court by filing a notice of dismissal at any time before service of the answer. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim.

  • Section 2  By Order of the Court.

    Except as provided in the preceding section, an action shall not be dismissed at the plaintiff's instance save upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph shall be without prejudice. A class action shall not be dismissed or compromised without the approval of the court.

  • Section 3  Failure to Prosecute.

    When plaintiff fails to appear at the time of the trial, or to prosecute his action for an unreasonable length of time, or to comply with these rules or any order of the court, the action may be dismissed upon motion of the defendant or upon the court's own motion. This dismissal shall have the effect of an adjudication upon the merits, unless otherwise provided by court.

  • Section 4  Effect of Dismissal on Other Grounds.

    Unless otherwise ordered by the court, any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, operates as an adjudication upon the merits.

  • Section 5  Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim.

    The provisions of this rule apply to the dismissal of any counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant alone pursuant to section 1 of this rule shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.

• Rule 31  Calendar and Adjournments
  • Section 1  When Issue Joined.

    Upon the filing of the last pleading, the case shall be included in the trial calendar of the court.

  • Section 2  Trial Calendar.

    The clerk of court shall have a calendar of the cases ready for trial; but he must prepare a special calendar for preferential cases including habeas corpus and election cases, those arising from the Employers' Liability Act and Workmen's Compensation Act, and special civil actions.

  • Section 3  Notice of Trial.

    Upon entry of a case in the corresponding trial calendar the clerk shall fix a date for trial and shall cause a notice thereof to be served upon the parties.

  • Section 4  Adjournments and Postponements.

    A court may adjourn a trial from day to day, and to any stated time, as the expeditious and convenient transaction of business may require, but shall have no power to adjourn a trial for a longer period than one month for each adjournment, nor more than three months in all, except when authorized in writing by the Chief Justice.

  • Section 5  Requisites of Motion to Postpone Trial for Absence of Evidence.

    A motion to postpone a trial on the ground of absence of evidence can be granted only upon affidavit showing the materiality of evidence expected to be obtained, and that due diligence has been used to procure it. But if the adverse party admits that such evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper, the trial must not be postponed.

  • Section 6  Requisites of Motion to Postpone Trial for Illness of Party.

    A motion to postpone a trial on the ground of illness of a party may be granted if it appears upon affidavit that the presence of such party at the trial is indispensable and that the character of his illness is such as to render his nonattendance excusable.

• Rule 32  Consolidation or Severance
  • Section 1  Consolidation.

    When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

  • Section 2  Separate Trials.

    The court, in furtherance of convenience or to avoid prejudice, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues.

• Rule 33  Trial
  • Section 1  Order of Trial.

    Subject to the provisions of section 2 of Rule 32, and unless the judge, for special reasons, otherwise directs, the order of trial shall be as follows:

    • a

      The plaintiff must produce the evidence on his part;

    • b

      The defendant shall then offer evidence in support of his defense, counterclaim, cross-claim and third-party claim;

    • c

      The third-party defendant, if any, shall introduce evidence of his defense, counterclaim, cross-claim and third-party claim;

    • d

      The fourth, etc., party, if any, shall introduce evidence of the material facts by him pleaded;

    • e

      The parties against whom any counterclaim or cross-claim has been pleaded, shall introduce evidence in support of their defense, in the order to be prescribed by the court;

    • f

      The parties may then respectively offer rebutting evidence only, unless the court, for good reasons, in the furtherance of justice, permits them to offer evidence upon their original case;

    • g

      When the evidence is concluded, unless the parties agree to submit the cause without argument, the plaintiff or his counsel may make the opening argument, the defendant, third-party defendant, and fourth, etc., party, or their respective counsel, may follow successively, and the plaintiff or his counsel may conclude the argument. Two counsel may, if desired, be heard upon each side, but in the order herein prescribed;

    • h

      If several defendants or third-party defendants, having separate defenses, appear by different counsel, the court must determine their relative order in the evidence and argument, but in any event the plaintiff is entitled to the opening and closing argument.

  • Section 2  Agreed Statement of Facts.

    The parties to any action may agree, in writing, upon the facts involved in the litigation, and require the judgment of the court upon the questions of law arising from the facts agreed upon, without the introduction of evidence.

  • Section 3  Statements of Judge.

    During the hearing or trial of a case any statement made by the judge with reference to the case, or to any of the parties thereto, witnesses or attorneys, shall be made of record in the stenographic note if requested by either of the parties.

• Rule 34  Trial by Commissioner
  • Section 1  Reference by Consent.

    By written consent of both parties, filed with the clerk, the court may order any or all of the issues in a case to be referred to a commissioner to be agreed upon by the parties or to be appointed by the court. As used in these rules the word "commissioner" includes a referee, an auditor, and an examiner.

  • Section 2  Reference Ordered on Motion.

    When the parties do not consent, the court may, upon the application of either, or of its own motion, direct a reference to a commissioner in the following cases:

    • a

      When the trial of an issue of fact requires the examination of a long account on either side, in which case the commissioner may be directed to hear and report upon the whole issue, or any specific question involved therein;

    • b

      When the taking of an account is necessary for the information of the court before judgment, or for carrying a judgment or order into effect;3. When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of a case, or of carrying a judgment or order into effect.

  • Section 3  Order of Reference, Powers of the Commissioner.

    When a reference is made, the clerk shall forthwith furnish the commissioner with a copy of the order of reference. The order may specify or limit the powers of the commissioner, and may direct him to report only upon particular issues, or to do or perform particular acts, or to receive and report evidence only and may fix the date for beginning and closing the hearings and for the filing of his report. Subject to the specifications and limitations stated in the order, the commissioner has and shall exercise the power to regulate the proceedings in every hearing before him and to do all acts and take all measures necessary or proper for the efficient performance of his duties under the order. He may issue subpoenas and subpoenas duces tecum, swear witnesses, and unless otherwise provided in the order of reference he may rule upon the admissibility of evidence. The trial or hearing before him shall proceed in all respects as though the same had been had before the court.

  • Section 4  Oath of Commissioner.

    Before entering upon his duties the commissioner shall be sworn to a faithful and honest performance thereof.

  • Section 5  Proceedings before Commissioner.

    Upon receipt of the order of reference unless otherwise provided therein, the commissioner shall forthwith set a time and place for the first meeting of the parties or their attorneys to be held within 10 days after the date of the order of reference and shall notify the parties or their attorneys.

  • Section 6  Failure of Parties to Appear before Commissioner.

    If a party fails to appear at the time and place appointed, the commissioner may proceed ex-parte or, in his discretion, adjourn the proceedings to a future day, giving notice to the absent party or his attorney of the adjournment.

  • Section 7  Refusal of Witness.

    The refusal of a witness to obey a subpoena issued by the commissioner or to give evidence before him, shall be deemed a contempt of the court who appointed the commissioner.

  • Section 8  Commissioner Shall Avoid Delays.

    It is the duty of the commissioner to proceed with all reasonable diligence. Either party, on notice to the parties and commissioner, may apply to the court for an order requiring the commissioner to speed up the proceedings and to make his report.

  • Section 9  Report of Commissioner.

    Upon the completion of the trial or hearing or proceeding before the commissioner, he shall file with the court his report in writing upon the matters submitted to him by the order of reference. When his powers are not specified or limited, he shall set forth his findings of fact and conclusions of law in his report. He shall attach thereto in all cases, all exhibits, affidavits, depositions, papers and the transcript, if any, of the evidence presented before him.

  • Section 10  Notice to Parties of the Filing of Report.

    Upon the filing of the report, the parties shall be notified by the clerk, and they shall be allowed ten days within which to signify grounds of objection to the findings of the report, if they so desire. Objections to the report based upon grounds which were available to the parties during the proceedings before the commissioner, other than objections to the findings and conclusions therein set forth, shall not be considered by the court unless they were made before the commissioner.

  • Section 11  Hearing upon Report.

    Upon the expiration of the period of ten days referred to in the preceding section, the report shall be set for hearing, after which the court shall render judgment by adopting, modifying, or rejecting the report in whole or in part or it may receive further evidence or may recommit it with instructions.

  • Section 12  Stipulation as to Findings.

    When the parties stipulate that a commissioner's findings of fact shall be final, only questions of law arising upon the report shall thereafter be considered.

  • Section 13  Compensation of Commissioner.

    The court shall allow the commissioner such reasonable compensation as the circumstances of the case warrant, to be taxed as costs against the defeated party, or apportioned, as justice requires.

• Rule 35  Judgments, Orders and Entry Thereof
  • Section 1  How Judgment Rendered.

    All judgments determining the merits of cases shall be in writing personally and directly prepared by the judge, and signed by him, stating clearly and distinctly the facts and the law on which it is based, and filed with the clerk of the court.

  • Section 2  When and How Judgments and Orders Entered.

    If no appeal or motion for new trial is filed within the time provided in these rules, the judgment or order shall be entered by the clerk. The notation of the judgment or order in the book of entries of judgments shall constitute its entry. The notation shall contain the dispositive part of the judgment or order and shall be signed by the clerk, with a certificate that such judgment or order has become final and executory.

  • Section 3  Judgment for or against One of Several Parties.

    Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants, and the court may, when justice requires it, conclusively determine the ultimate rights of the parties on each side, as between themselves, and may require such parties to file adversary pleadings as between themselves.

  • Section 4  Several Judgments.

    In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper.

  • Section 5  Judgment at Various Stages.

    When more than one claim for relief is presented in an action, the court at any stage, upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the subject-matter of the claim, may enter a judgment disposing of such claim. The judgment shall terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claims. In case a separate judgment is so entered, the court by order may stay its enforcement until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.

  • Section 6  Judgment by Default.

    If the defendant fails to answer within the time specified in these rules, the court shall, upon motion of the plaintiff, order judgment against the defendant by default, and thereupon the court shall proceed to receive the plaintiff's evidence and render judgment granting him such relief as the complaint and the facts proven may warrant. This provision applies where no answer is made, within the period provided in these rules, to a counterclaim, cross-claim, or third-party complaint.

  • Section 7  Judgment When Some Defendants Answer, and Others Make Default.

    When a complaint states a common cause of action against several defendants, some of whom answer, and the others make default, the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented by the parties in court. The same procedure applies when a common cause of action is pleaded in a counterclaim, cross-claim and third-party claim.

  • Section 8  Judgment against Association.

    When judgment is entered against two or more persons sued as an association, the judgment shall set out the individual or proper name or names, if known.

  • Section 9  Extent of Relief to Be Awarded.

    A judgment entered by default shall not exceed the amount or be different in kind from that prayed for in the demand for judgment. In other cases the judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings.

  • Section 10  Judgment on the Pleadings.

    Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading, the court may, on motion of that party, direct judgment on such pleading, except in actions for annulment of marriage or divorce wherein the material facts alleged in the complaint shall always be proved.

• Rule 36  Summary Judgments
  • Section 1  Summary Judgment for Claimant.

    A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief may, at any time after the pleading in answer thereto has been served, move with affidavits for a summary judgment in his favor upon all or any part thereof.

  • Section 2  Summary Judgment for Defending Party.

    A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory relief is sought may, at any time, move with supporting affidavits for a summary judgment in his favor as to all or any part thereof.

  • Section 3  Motion and Proceedings Thereon.

    The motion shall be served at least ten days before the time specified for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions on file, together with the affidavits, show that, except as to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

  • Section 4  Case Not Fully Adjudicated on Motion.

    If on motion under this rule, judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.

  • Section 5  Form of Affidavits.

    Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.

  • Section 6  Affidavits in Bad Faith.

    Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith, or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.

• Rule 37  New Trial
  • Section 1  When and for What Causes New Trial May Be Sought.

    Within thirty days after notice of the judgment in an action, the aggrieved party may move the trial court to set aside the judgment and grant a new trial for one or more of the following causes materially affecting the substantial rights of said party:

    • a

      Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights;

    • b

      Newly discovered evidence, which he could not, with reasonable diligence, have discovered, and produced at the trial, and which if presented would probably alter the result;

    • Because excessive damages have been awarded, or the evidence was insufficient to justify the decision, or it is against the law.

  • Section 2  Procedure in Motions for New Trial.

    The motion shall be made in writing stating the ground or grounds therefor, a written notice of which shall be served by the movant on the adverse party.

    • When the motion is made for the causes mentioned in subdivisions (a) and (b) of the preceding section, it shall be proved in the manner provided for proof of motions. Affidavit or affidavits of merits shall also be attached to a motion for the cause mentioned in subdivision (a) which may be rebutted by counter-affidavits.

      When the motion is made upon the cause mentioned in subdivision (c) of the preceding section, it shall point out specifically the findings or conclusions of the judgment which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions.

  • Section 3  When Motion for New Trial May Be Granted or Denied.

    The trial court may set aside the judgment and grant a new trial, upon such terms as may be just, or may deny the motion. If the motion is made upon the cause mentioned in subsection (c), section 1 of this rule, and the court finds its judgment to be contrary to evidence or law, it may amend such judgment accordingly without granting a new trial, unless the court deems the introduction of additional evidence advisable.

  • Section 4  Second Motion for New Trial.

    Grounds for new trial which can properly be alleged in a motion, are deemed waived if not alleged therein. A second motion for new trial may be allowed if based on a ground not existing when the first motion was made and may be filed within the time herein provided excluding the time during which the first motion has been pending.

  • Section 5  Effect of Granting of Motion for New Trial.

    If a new trial be granted in accordance with the provisions of this rule, the original judgment shall be vacated, and the action shall stand for trial de novo; but the recorded evidence taken upon the former trial so far as the same is material and competent to establish the issues, shall be used upon the new trial without retaking the same.

  • Section 6  Partial New Trials.

    If the grounds for a motion under this rule appear to the court to affect the issues as to only a part, or less than all of the matter in controversy, or only one, or less than all, of the parties to it, the court may, if such issues are severable from the rest, order a new trial as to such issues without interfering with the judgment upon the rest.

  • Section 7  Effect of Order for Partial New Trial.

    When less than all of the issues are ordered retried, the court may either enter final judgment as to the rest, or stay the entry of final judgment until after the new trial.

• Rule 38  Relief from Judgments, Orders, of Other Proceedings
  • Section 1  Petition to Court of First Instance for Relief from Judgment of Inferior Court.

    When a judgment is rendered by an inferior court, and a party to the case, by fraud, accident, mistake, or excusable negligence, has been unjustly deprived of a hearing therein, or has been prevented from taking an appeal, he may file a petition in the Court of First Instance of the province in which the original judgment was rendered, praying that such judgment be set aside and the case tried upon its merits.

  • Section 2  Petition to Court of First Instance for Relief from Judgment or Other Proceeding Thereof.

    When a judgment or order is entered, or any other proceeding is taken, against a party in a Court of First Instance through fraud, accident, mistake, or excusable negligence, he may file a petition in such court and in the same cause praying that the judgment, order, or proceeding be set aside.

  • Section 3  When Petition Filed; Contents and Verification.

    A petition provided for in either of the preceding sections of this rule must be verified, filed within sixty days after the petitioner learns of the judgment, order, or other proceeding to be set aside, and not more than six months after such judgment or order was entered, or such proceeding was taken; and must be accompanied with affidavits showing the fraud, accident, mistake, or excusable negligence relied upon, and the facts constituting the petitioner's good and substantial cause of action or defense, as the case may be, which he may prove if his petition be granted.

  • Section 4  Order to File an Answer.

    If the petition is sufficient in form and substance to justify such process, the court in which it is filed, or a judge thereof, shall issue an order requiring those against whom the petition is filed to answer the same within fifteen days from the receipt thereof, which order shall be served in such manner as the court may direct, together with copies of the petition.

  • Section 5  Preliminary Injunction Pending Proceedings.

    The court in which the petition is filed, or a judge thereof, may grant such preliminary injunction as may be necessary for the preservation of the rights of the parties pending the proceeding, upon the filing by the petitioner of a bond to the adverse party conditioned that if the petition is dismissed, or the petitioner fails on the trial of the case upon its merits, he will pay the adverse party all damages and costs that may be awarded to him by reason of the issuance of such injunction or the other proceedings following the petition; but such injunction shall not operate to discharge or release bail, or to extinguish any lien which the adverse party may have acquired upon the property of the petitioner.

  • Section 6  Proceedings after Answer Is Filed.

    Once the answer is filed, or the time for its filing has expired, the court shall hear the case, and if after such hearing, the court finds that the allegations of the petition are not true, the petition shall be dismissed; but if it finds said allegations to be true, it shall order the judgment, order, or other proceeding complained of to be set aside, upon such terms as may be just, and shall try the principal case upon its merits.

  • Section 7  How Trial upon the Merits Had.

    Where the judgment set aside is that of a Court of First Instance, such court shall proceed to hear and determine the case as if a timely motion for a new trial had been granted therein. Where the judgment set aside is that of an inferior court, the trial in the Court of First Instance shall be as if the case had been regularly brought up by appeal, and the judge of the inferior court may be required by the Court of First Instance to attend and produce at the trial all the papers in the original case.

  • Section 8  Appeal.

    The order of the court setting aside the judgment, order or proceeding is not appealable until a final judgment is rendered upon the merits in the principal case.

• Rule 39  Execution, Satisfaction and Effect of Judgments
  • Section 1  Execution as of Right.

    Execution shall issue upon a final judgment or order upon the expiration of the time to appeal when no appeal has been perfected.

  • Section 2  Execution Discretionary.

    Before the expiration of the time to appeal, execution may issue, in the discretion of the court, on motion of the prevailing party with notice to the adverse party, upon good reasons to be stated in a special order. If a record on appeal is filed thereafter, the special order shall be included therein. Execution issued before the expiration of the time to appeal may be stayed upon the approval by the court of a sufficient supersedeas bond filed by the appellant, conditioned for the performance of the judgment or order appealed from in case it be affirmed wholly or in part.

  • Section 3  Execution of Supersedeas Bond.

    The bond given under the preceding section may be executed on motion before the trial court after the case is remanded to it by the appellate court.

  • Section 4  Injunction, Receivership and Patent Accounting, Not Stayed.

    Unless otherwise ordered by the court, a judgment in an action for injunction or in a receivership action, or a judgment or order directing an accounting in an action for infringement of letters patent, shall not be stayed after its rendition and before an appeal is taken or during the pendency of an appeal. The trial court, however, in its discretion, when an appeal is taken from a judgment granting, dissolving or denying an injunction, may make an order suspending, modifying, restoring, or granting such injunction during the pendency of the appeal, upon such terms as to bond or otherwise as it may consider proper for the security of the rights of the adverse party.

  • Section 5  Effect of Reversal of Judgment Executed.

    Where the judgment executed is reversed totally or partially on appeal, the trial court, on motion, after the case is remanded to it, may issue such orders of restitution as equity and justice may warrant under the circumstances.

  • Section 6  Execution by Motion or by Independent Action.

    A judgment may be executed on motion within five years from the date of its entry. After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced by action.

  • Section 7  Execution in Case of Death of Party.

    Where a party dies after the entry of the judgment or order, execution thereon may issue, or one already issued may be enforced in the following cases:

    • a

      In case of the death of the judgment creditor, upon the application of his executor or administrator, or successor in interest;

    • b

      In case of the death of the judgment debtor, against his executor or administrator or successor in interest, if the judgment be for the recovery of real or personal property, or the enforcement of a lien thereon;

    • c

      In case of the death of the judgment debtor after execution is actually levied upon any of his property, the same may be sold for the satisfaction thereof, and the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands.

  • Section 8  Issuance, Form and Requisites of Execution.

    The execution must issue in the name of the Republic of the Philippines from the court in which the judgment or order is entered; must intelligibly refer to such judgment or order, stating the court, province, and municipality where it is of record, and the amount actually due thereon if it be for money; and must require the sheriff or other proper officer to whom it is directed substantially as follows:

    • a

      If the execution be against the property of the judgment debtor, to satisfy the judgment, with interest, out of the personal property of such debtor, and if sufficient personal property cannot be found, then out of his real property;

    • b

      If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants, or trustees, to satisfy the judgment, with interest, out of such property;

    • c

      If it be for the sale of real or personal property, to sell such property, describing it, and apply the proceeds in conformity with the judgment, the material parts of which shall be recited in the execution;

    • d

      If it be for the delivery of the possession of real or personal property, to deliver the possession of the same, describing it, to the party entitled thereto, and to satisfy any costs, damages, rents, or profits covered by the judgment out of the personal property of the person against whom it was rendered, and if sufficient personal property cannot be found, then out of the real property.

  • Section 9  Writ of Execution of Special Judgment.

    When a judgment requires the performance of any other act than the payment of money, or the sale or delivery of real or personal property, a certified copy of the judgment shall be attached to the writ of execution and may be served by the officer upon the party against whom the same is rendered, or upon any other person required thereby, or by law, to obey the same, and such party or person may be punished for contempt if he disobeys such judgment.

  • Section 10  Judgment for Specific Acts; Vesting Title

    If a judgment directs a party to execute a conveyance of land, or to deliver deeds or other documents, or to perform any other specific act, and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done shall have like effect as if done by the party. If real or personal property is within the Philippines, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment shall have the force and effect of a conveyance executed in due form of law.

  • Section 11  Return of Execution.

    The execution may be made returnable, to the clerk or judge of the court issuing it, at any time not less than ten nor more than sixty days after its receipt by the officer, who must set forth in writing on its back the whole of his proceedings by virtue thereof, and file it with the clerk or judge to be preserved with the other papers in the case. A certified copy of the record, in the execution book kept by the clerk, of an execution by virtue of which real property has been sold, or of the officer's return thereon, shall be evidence of the contents of the originals whenever they, or any part thereof, have been lost or destroyed.

  • Section 12  Property Exempt from Execution.

    Except as otherwise expressly provided by law, the following property, and no other, shall be exempt from execution:

    • a

      The debtor's homestead, in which he resides, and land necessarily used in connection therewith, both not exceeding in value three hundred pesos;

    • b

      Tools and implements necessarily used by him in his trade or employment;

    • c

      Two horses, or two cows, or two carabaos, or other beasts of burden, such as the debtor may select, not exceeding three hundred pesos in value, and necessarily used by him in his ordinary occupation;

    • d

      His necessary clothing, and that of all his family;

    • e

      Household furniture and utensils necessary for housekeeping, and used for that purpose by the debtor, such as the debtor may select, of a value not exceeding two hundred pesos;

    • f

      Provisions for individual or family use sufficient for three months;

    • g

      The professional libraries of attorneys, judges, physicians, pharmacists, dentists, engineers, surveyors, clergymen, school teachers, and music teachers, not exceeding five hundred pesos in value;

    • h

      One fishing boat and net, not exceeding the total value of one hundred pesos, the property of any fisherman, by the lawful use of which he earns a livelihood;

    • i

      So much of the earnings of the debtor for his personal services within the month preceding the levy as are necessary for the support of his family;

    • j

      Lettered gravestones;

    • k

      All moneys, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance, if the annual premiums paid do not exceed five hundred pesos, and if they exceed that sum a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges, and annuities so accruing or growing out of such insurance that said five hundred pesos bears to the whole annual premiums paid.

    • But no article or species of property mentioned in this section shall be exempt from execution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon. (See New Civil Code.)

  • Section 13  How Execution for the Delivery or Restitution of Property Enforced.

    The officer must enforce an execution for the delivery or restitution of property by placing the plaintiff in possession of such property, and by levying as hereinafter provided upon so much of the property of the judgment debtor as will satisfy the amount of the costs, damages, rents, and profits included in the execution. However, the officer shall not destroy, demolish or remove the improvements made by the defendant or his agent on the property, except by special order of the court, which order may only issue upon petition of the plaintiff after due hearing and upon the defendant's failure to remove the improvements within a reasonable time to be fixed by the court.

  • Section 14  How Execution against the Property Enforced.

    The officer must enforce an execution against the property by levying on all the property real and personal of every name and nature whatsoever, and which may be disposed of for value, of the judgment debtor not exempt from execution, or on a sufficient amount of such property, if there be sufficient, and selling the same, and paying to the plaintiff, or his attorney, so much of the proceeds as will satisfy the judgment. Any excess in the proceeds over the judgment and accruing costs must be delivered to the judgment debtor, unless otherwise directed by the judgment or order of the court. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and accruing costs, within the view of the officer, he must levy only on such part of the property as is amply sufficient to satisfy the judgment and costs. Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or personal property, may be levied on in like manner and with like effect as under an order of attachment.

  • Section 15  Proceedings Where Property Claimed by Third Person.

    If property levied on be claimed by any other person than the defendant or his agent, and such person make an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serve the same upon the officer making the levy, and a copy thereof upon the judgment creditor, the officer shall not be bound to keep the property, unless such judgment creditor or his agent, on demand, indemnify the officer against such claim by a bond in a sum not greater than the value of the property levied on, and, in case of disagreement as to such value, the same shall be determined by the court issuing the writ of execution. The officer is not liable for damages, for the taking or keeping of such property, to any such third person unless such claim is made and unless the action for damages be brought within one hundred twenty days from the date of the filing of the bond. But nothing herein contained shall prevent such third person from vindicating his claim to the property by any proper action. When, however, the plaintiff, or the person in whose favor the writ of execution runs, is the Republic of the Philippines, or any officer duly representing it, the filing of such bond shall not be required, and in case the sheriff or attaching officer is sued for damages as a result of the attachment, he shall be represented by the Solicitor-General and if held liable therefor, the actual damages adjudged by the court shall be paid by the Insular Treasurer out of such funds as may be appropriated for the purpose.

  • Section 16  Notice of Sale of Property on Execution.

    Before the sale of property on execution, notice thereof must be given as follows:

    • a

      In case of perishable property, by posting written notice of the time and place of the sale in three public places in the municipality or city where the sale is to take place, for such time as may be reasonable, considering the character and condition of the property;

    • b

      In case of other personal property, by posting a similar notice in three public places in the municipality or city where the sale is to take place, for not less than five nor more than ten days;

    • c

      In case of real property, by posting a similar notice particularly describing the property for twenty days in three public places in the municipality or city where the property is situated, and also where the property is to be sold, and, if the assessed value of the property exceeds four hundred pesos, by publishing a copy of the notice once a week, for the same period, in some newspaper published or having general circulation in the province, if there be one. If there are newspapers published in the province in both the English and Spanish languages, then a like publication for a like period shall be made in one newspaper published in the English language, and in one published in the Spanish language.

  • Section 17  Penalty for Selling without Notice, or Removing or Defacing Notice.

    An officer selling without the notice prescribed by the last preceding section shall forfeit five hundred pesos to any party injured thereby, in addition to his actual damages, both to be recovered in a single proper action; and a person willfully removing or defacing the notice posted, if done before the sale, or before the satisfaction of the judgment if it be satisfied before the sale, shall forfeit five hundred pesos to any person injured by reason thereof, to be recovered in any proper action.

  • Section 18  No Sale if Judgment and Costs Paid.

    At any time before the sale of property on execution the judgment debtor may prevent the sale by paying the amount required by the execution and the costs that have been incurred therein.

  • Section 19  How Property Sold on Execution. Who May Direct Manner and Order of Sale.

    All sales of property under execution must be made at public auction, to the highest bidder, between the hours of nine in the morning and five in the afternoon. After sufficient property has been sold to satisfy the execution, no more shall be sold. When the sale is of real property, consisting of several known lots, they must be sold separately; or, when a portion of such real property is claimed by a third person, he may require it to be sold separately. When the sale is of personal property capable of manual delivery, it must be sold within view of those attending the sale and in such parcels as are likely to bring the highest price. The judgment debtor, if present at the sale, may direct the order in which property, real or personal, shall be sold, when such property consists of several known lots or parcels which can be sold to advantage separately. Neither the officer holding the execution, nor his deputy, can become a purchaser, nor be interested directly or indirectly in any purchase at such sale.

  • Section 20  Refusal of Purchaser to Pay.

    If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property to the highest bidder and shall not be responsible for any loss occasioned thereby; but the court may order the refusing purchaser to pay into court the amount of such loss, with costs, and may punish him for contempt if he disobeys the order. The amount of such payment shall be for the benefit of the person entitled to the proceeds of the execution, unless the execution has been fully satisfied, in which event such proceeds shall be for the benefit of the judgment debtor. When a purchaser refuses to pay, the officer may thereafter reject any subsequent bid of such person.

  • Section 21  Adjournment of Sale.

    By written consent of debtor and creditor, the officer may adjourn any sale upon execution to any date agreed upon in writing by the parties. Without such agreement he may adjourn the sale from day to day, if it becomes necessary to do so for lack of time to complete the sale on the day fixed in the notice.

  • Section 22  Conveyance to Purchaser of Personal Property Capable of Manual Delivery.

    When the purchaser of any personal property, capable of manual delivery, pays the purchase money, the officer making the sale must deliver to the purchaser the property, and, if desired, execute and deliver to him a certificate of sale. Such sale conveys to the purchaser all the right which the debtor had in such property on the day the execution or attachment was levied.

  • Section 23  Conveyance to Purchaser of Personal Property Not Capable of Manual Delivery.

    When the purchaser of any personal property, not capable of manual delivery, pays the purchase money, the officer making the sale must execute and deliver to the purchaser a certificate of sale. Such certificate conveys to the purchaser all the right which the debtor had in such property on the day that the execution or attachment was levied.

  • Section 24  Effect of Sale of Real Property. Certificate Thereof Given to Purchaser and Filed with Registrar.

    Upon a sale of real property, the purchaser shall be substituted to and acquire all the right, title, interest, and claim of the judgment debtor thereto, subject to the right of redemption as hereinafter provided. The officer must give to the purchaser a certificate of sale containing:

    • a

      A particular description of the real property sold;

    • a

      The price paid for each distinct lot or parcel;

    • a

      The whole price by him paid;

    • a

      The date when the right of redemption expires.

    • A duplicate of such certificate must be filed by the officer in the office of the registrar of deeds of the province.

  • Section 25  Who May Redeem Real Property So Sold.

    Property sold subject to redemption, as provided in the last preceding section, or any part sold separately, may be redeemed in the manner hereinafter provided, by the following persons:

    • a

      The judgment debtor, or his successor in interest in the whole or any part of the property;

    • b

      A creditor having a lien by attachment, judgment, or mortgage on the property sold, or on some part thereof, subsequent to that under which the property was sold. Such redeeming creditor is termed a redemptioner.

  • Section 26  Time and Manner of, and Amounts Payable on, Successive Redemptions. Notice to Be Given and Filed.

    The judgment debtor, or redemptioner, may redeem the property from the purchaser, at any time within twelve months after the sale, on paying the purchaser the amount of his purchase, with one per centum per month interest thereon in addition, up to the time of redemption, together with the amount of any assessments or taxes which the purchaser may have paid thereon after purchase, and interest on such last-named amount at the same rate; and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such other lien, with interest.

    • If the property be so redeemed by a redemptioner, another redemptioner may, within sixty days after the last redemption, again redeem it from the last redemptioner on paying the sum paid on such last redemption, with two per centum thereon in addition, and the amount of any assessments or taxes which the last redemptioner may have paid thereon after redemption by him, with interest on such last-named amount, and in addition, the amount of any liens held by said last redemptioner prior to his own, with interest. The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner within sixty days after the last redemption, on paying the sum paid on the last previous redemption, with two per centum thereon in addition, and the amounts of any assessments or taxes which the last previous redemptioner paid after the redemption thereon, with interest thereon, and the amount of any liens held by the last redemptioner prior to his own, with interest. Written notice of any redemption must be given to the officer who made the sale and a duplicate filed with the registrar of deeds of the province, and if any assessments or taxes are paid by the redemptioner, or if he has or acquires any lien other than that upon which the redemption was made, notice thereof must in like manner be given to the officer and filed with the registrar of deeds; if such notice be not filed, the property may be redeemed without paying such assessments, taxes, or liens.

  • Section 27  Effect of Redemption by Judgment Debtor, and a Certificate to Be Delivered and Recorded Thereupon. To Whom Payments on Redemption Made.

    If the judgment debtor redeems, he must make the same payments as are required to effect a redemption by a redemptioner, whereupon the effect of the sale is terminated and he is restored to his estate, and the person to whom the payment is made must execute and deliver to him a certificate of redemption acknowledged or approved before a notary public or other officer authorized to take acknowledgments of conveyances of real property. Such certificate must be filed and recorded in the office of the register of deeds of the province in which the property is situated, and the register of deeds must note the record thereof on the margin of the record of the certificate of sale. The payments mentioned in this and the last preceding sections may be made to the purchaser or redemptioner, or for him to the officer who made the sale.

  • Section 28  Proof Required of Redemptioner.

    A redemptioner must produce to the officer, or person from whom he seeks to redeem, and serve with his notice to the officer:

    • a

      A copy of the judgment or order under which he claims the right to redeem, certified by the clerk or judge of the court wherein the judgment is docketed; or, if he redeem upon a mortgage or other lien, a memorandum of the record thereof, certified by the registrar of deeds;

    • b

      A copy of any assignment necessary to establish his claim, verified by the affidavit of himself, or of a subscribing witness thereto;

    • c

      An affidavit by himself or his agent, showing the amount then actually due on the lien.

  • Section 29  Manner of Using Premises Pending Redemption. Waste Restrained.

    Until the expiration of the time allowed for redemption, the court may, as in other proper cases, restrain the commission of waste on the property by injunction, on the application of the purchaser or the judgment creditor, with or without notice; but it is not waste for the person in possession of the property at the time of the sale, or entitled to possession afterwards, during the period allowed for redemption, to continue to use it in the same manner in which it was previously used; or to use it in the ordinary course of husbandry; or to make the necessary repairs of buildings thereon; or reasonably to use wood or timber on the property therefor, or for fuel for his family, while he occupies the property.

  • Section 30  Rents and Profits Pending Redemption. Statement Thereof and Credit Therefor on Redemption.

    The purchaser, from the time of the sale until a redemption, and a redemptioner, from the time of his redemption until another redemption, is entitled to receive the rents of the property sold or the value of the use and occupation thereof when such property is in the possession of a tenant. But when any such rents and profits have been received by the judgment creditor or purchaser, or by a redemptioner, or by the assignee of either of them, from property thus sold preceding such redemption, the amounts of such rents and profits shall be a credit upon the redemption money to be paid; and, if a later redemptioner or the judgment debtor, before the expiration of the time allowed for such redemption demands in writing of such creditor, purchaser, or prior redemptioner, or his assigns, a written and verified statement of the amounts of the rents and profits thus received, the period of redemption is extended five days after such demand is complied with and such sworn statement given to such later redemptioner or debtor. If such statement is not so given within one month from and after such demand, such redemptioner or debtor may bring an action to compel an accounting and disclosure of such rents and profits, and until fifteen days from and after the final determination of such action, the right of redemption is extended to such redemptioner or debtor.

  • Section 31  Deed and Possession to Be Given at Expiration of Redemption Period. By Whom Executed or Given.

    If no redemption be made within twelve months after the sale, the purchaser, or his assignee, is entitled to a conveyance and possession of the property; or, if so redeemed, whenever sixty days have elapsed and no other redemption has been made, and notice thereof given, and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to the conveyance and possession; but in all cases the judgment debtor shall have the entire period of twelve months from the date of the sale to redeem the property. The deed shall be executed by the officer making the sale or by his successor in office, and in the latter case shall have the same validity as though the officer making the sale had continued in office and executed it. The possession shall be given by the same officer if no third parties are actually holding the property adversely to the judgment debtor.

  • Section 32  When Purchaser of Property May Recover Price from Judgment Creditor. When He May Have Judgment Revived.

    The purchaser of real property sold on execution, or his successor in interest, who fails to recover possession thereof, or is evicted therefrom, in consequence of irregularities in the proceedings concerning the sale, or because the judgment has been reversed or set aside, or because the property sold was exempt from execution, or because a third person has vindicated his claim to the property, may in a proper action recover from the judgment creditor the price paid, with interest, or so much thereof as has not been delivered to the judgment debtor, or may, on motion after notice, have the original judgment revived in his name for the whole price with interest, or so much thereof as has been delivered to the judgment debtor. The judgment so revived shall have the same force and effect as would an original judgment of the date of the revival and no more.

  • Section 33  Right to Contribution or Reimbursement.

    When property liable to an execution against several persons is sold thereon, and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, without a sale, more than his proportion, he may compel a contribution from the others; and when a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal.

  • Section 34  Examination of Judgment Debtor When Execution Returned Unsatisfied.

    When an execution issued in accordance with law against property of a judgment debtor, or any one of several debtors in the same judgment, is returned unsatisfied, in whole or in part, the judgment creditor, at any time after such return is made, shall be entitled to an order from a judge of the Court of First Instance of the province in which the judgment was rendered or from which the execution was returned, requiring such judgment debtor to appear and answer concerning his property and income before such Judge of the Court of First Instance, or before a commissioner appointed by him, at a specified time and place; and such proceedings may thereupon be had for the application of the property and income of the judgment debtor toward the satisfaction of the judgment. But no judgment debtor shall be so required to appear before a judge of first instance or commissioner out of the province in which such debtor resides or is found.

  • Section 35  Examination of Debtor of Judgment Debtor.

    After the return of an execution against the property of a judgment debtor, or of one of the several debtors in the same judgment, unsatisfied in whole or in part, and upon proof, by affidavit of a party or otherwise, to the satisfaction of the judge, that a person, corporation, or other legal entity has property of such judgment debtor, or is indebted to him, the judge may, by an order, require such person, corporation, or other legal entity, or any officer or member thereof, to appear before the judge, or a commissioner appointed by him, at a time and place within the province in which the order is served, to answer concerning the same. The service of the order shall bind all credits due the judgment debtor and all money and property of the judgment debtor in the possession or in the control of such person, corporation, or legal entity from the time of service; and the judge may also require notice of such proceedings to be given to any party to the action in such manner as he may deem proper.

  • Section 36  Conduct of Examination and Enforcing Attendance.

    Examinations had in accordance with the two preceding sections shall not be unduly prolonged, but the proceedings may be adjourned from time to time, until they are completed. If the examination is before a commissioner, he must take it in writing and certify it to the judge. All examinations and answers before a judge or commissioner must be on oath, and when a corporation or other legal entity answers it must be on the oath of an officer or agent thereof. A party or other person may be compelled, by an order or subpoena, to attend before the judge or commissioner to testify, and upon failure to obey such order or subpoena, or to be sworn, or to answer as a witness, or to subscribe his deposition, may be punished for contempt as in other cases.

  • Section 37  Debtor May Pay Execution against Creditor.

    After an execution against property has issued, a person indebted to the judgment debtor may pay to the officer holding the execution the amount of his debt or so much thereof as may be necessary to satisfy the execution, and the officer's receipt shall be a sufficient discharge for the amount so paid or directed to be credited by the judgment creditor on the execution.

  • Section 38  Order for Application of Property and Income to Satisfaction of Judgment.

    The judge may order any property of the judgment debtor, or money due him, not exempt from execution, in the hands of either himself or other person, or of a corporation or other legal entity, to be applied to the satisfaction of the judgment, subject to any prior rights of the holders of such property; and if, upon an investigation of his current income and expense, it appears that the earnings of the judgment debtor for his personal services are more than is necessary for the support of his family, the judge may order that he pay the judgment in fixed monthly installments, and upon his failure to pay any such installments when due without good excuse may punish him for contempt.

  • Section 39  Appointment and Bond of Receiver.

    The judge may, by order, appoint the sheriff, or other proper officer or person, receiver of the property of the judgment debtor; and he may also, by order, forbid a transfer or other disposition of, or any interference with, the property of the judgment debtor not exempt from execution. If a bonded officer be appointed receiver, he and his sureties shall be liable on his official bond as such receiver, but if another person be appointed he shall give a bond as receiver as in other cases.

  • Section 40  When and How Ascertainable Interest of Judgment Debtor in Real Estate Sold.

    If it appears that the judgment debtor has an interest in real estate, in the province in which proceedings are had, as mortgagor or mortgagee, or otherwise, and his interest can be ascertained as between himself and the person holding the legal estate, or the person having a lien on or interest in the same without controversy as to the interest of such person holding such legal estate or interest therein, or lien on the same, the receiver may be ordered to sell and convey such real estate or the interest of the debtor therein; and such sale shall be conducted in all respects in the same manner as is provided for the sale of real estate upon execution, and the proceedings thereon shall be approved by the court before the execution of the deed.

  • Section 41  Proceedings When Indebtedness Denied or Another Person Claims the Property.

    If it appears that a person or corporation, alleged to have property of the judgment debtor or to be indebted to him claims an interest in the property adverse to him or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against such person or corporation for the recovery of such interest or debt, forbid a transfer or other disposition of such interest or debt until an action can be commenced and prosecuted to judgment, and may punish disobedience of such order as for contempt. Such order may be modified or vacated by the judge granting the same, or by the court in which the action is brought, at any time, upon such terms as may be just.

  • Section 42  When Satisfaction of Judgment Entered by Clerk or Judge.

    Satisfaction of a judgment shall be entered by the clerk or judge in his docket, and in his judgment book if it be the judgment of a superior court, upon the return of an execution satisfied, or upon the filing of an admission of the satisfaction of the judgment executed and acknowledged in the same manner as a conveyance of real property by the judgment creditor, or by the attorney of the judgment creditor unless a revocation of his authority is filed, or upon the indorsement of such admission by the judgment creditor or his attorney on the face of the record of the judgment.

  • Section 43  When Admission of Satisfaction, or Entry of Satisfaction without Admission, Ordered.

    Whenever a judgment is satisfied in fact, otherwise than upon an execution, the judgment creditor or his attorney must execute and acknowledge, or indorse, an admission of the satisfaction as provided in the last preceding section, and after notice and upon motion the court may order either the judgment creditor or attorney so to do, or may order the entry of satisfaction to be made without it.

  • Section 44  Effect of Judgment.

    The effect of a judgment or final order rendered by a court or judge of the Philippines, having jurisdiction to pronounce the judgment or order, may be as follows:

    • a

      In case of a judgment or order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a deceased person, or in respect to the personal, political, or legal condition or relation of a particular person, the judgment or order is conclusive upon the title of the thing, the will or administration, or the condition or relation of the person; however, the probate of a will or granting of letters of administration shall only be prima facie evidence of the death of the testator or intestate;

    • b

      In other cases the judgment so ordered is, in respect to the matter directly adjudged, conclusive between the parties and their successors in interest by title subsequent to commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity.

  • Section 45  What is Deemed to Have Been Adjudged.

    That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.

  • Section 46  When Principal Bound by Judgment against Surety.

    When the party is bound by a record, and such party stands in the relation of surety for another, the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the surety's request to join in the defense.

  • Section 47

    x x x

  • Section 48  Effect of Foreign Judgments.

    The effect of a judgment of a tribunal of a foreign country, having jurisdiction to pronounce the judgment, is as follows:

    • a

      In case of a judgment against a specific thing, the judgment is conclusive upon the title to the thing;

    • b

      In case of a judgment against a person, the judgment is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title; but the judgment may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.

• Rule 40  Appeal from Inferior Courts to Courts of First Instance
  • Section 1  Who May Appeal.

    Either party to an action may appeal from a judgment rendered by an inferior court to the Court of First Instance of the province where the judgment was rendered.

  • Section 2  Appeal, How Perfected.

    An appeal shall be perfected within fifteen days after notification to the party of the judgment complained of, (a) by filing with the justice of the peace or municipal judge a notice of appeal; (b) by delivering a certificate of the municipal treasurer showing that the appellants has deposited the appellate court docket fee, or, in chartered cities, a certificate of the clerk of such court showing receipt of the said fee; and (c) by giving a bond.

  • Section 3  Appeal Bond.

    The bond to be given by the appellant shall be filed with the justice of the peace or municipal court and shall be in the sum of thirty pesos (P30), executed to the adverse party, with at least one sufficient surety, conditioned that the appellant will pay all costs which the Court of First Instance may award against him. In lieu of such bond, the appellant may file with the court a certificate of the proper official that the appellant has deposited twenty-five pesos with the municipal or city treasurer and that said sum is available for the satisfaction of any judgment for costs that may be rendered against appellant by the Court of First Instance. In case judgment is rendered in appellant's favor the sum deposited in lieu of appeal bond shall be returned to him by the official with whom it was deposited.

  • Section 4  Interruption of Time to Appeal.

    The time during which a motion for new trial has been pending shall be deducted from the period for perfecting an appeal.

  • Section 5  Transmittal of Record.

    The justice of the peace or municipal judge from whose judgment an appeal is taken, shall, within five days after the perfection of the appeal, transmit to the clerk of the Court of First Instance for the province or city a certified copy of the docket entries, together with all the original papers and process in the case and the original appeal bond or certificate of deposit in lieu thereof, and the appellate court docket fee.

  • Section 6  Duty of Clerk of the Court of First Instance.

    It shall be the duty of the clerk of the Court of First Instance, upon receipt of the record, to deliver the deposit certificate within five days to the provincial treasurer, who shall immediately pay the court docket fee, and the clerk, as soon as the fee be in his possession, shall enter the appeal upon the docket of his office.

  • Section 7  Reproduction of Complaint on Appeal.

    Upon the docketing of the cause under appeal, the complaint filed in the justice of the peace or municipal court shall be considered reproduced in the Court of First Instance and it shall be the duty of the clerk of the court to notify the parties of that fact by registered mail, and the period for making an answer shall begin with the date of the receipt of such notice by the defendant.

  • Section 8  Settlement of Appealed Cases.

    At any time after the perfection of an appeal from a judgment of a justice of the peace or municipal judge, and before the papers have been transmitted to the clerk of the Court of First Instance to which the action is appealed, the parties may adjust the controversy by agreement in writing, signed by both parties and lodged with the justice of the peace or municipal judge, who shall enter the same upon his docket, and no further proceeding shall thereafter be taken in the action. But if the appeal papers have already been transmitted to the clerk of the Court of First Instance, then the justice or the judge shall immediately transmit the compromise agreement to the clerk of the Court of First Instance, who shall file the same and enter a memorandum thereof upon his docket, and no further proceedings shall thereafter be taken in the action.

  • Section 9  Effect of Appeals.

    A perfected appeal shall operate to vacate the judgment of the justice of the peace or the municipal court, and the action when duly entered in the Court of First Instance shall stand for trial de novo upon its merits in accordance with the regular procedure in that court, as though the same had never been tried before and had been originally there commenced. If the appeal is withdrawn, the judgment shall be deemed revived and shall forthwith be remanded to the justice of the peace or municipal court for execution.

  • Section 10  Appellate Powers of Courts of First Instance Where Action Not Tried on Its Merits by Inferior Courts.

    Where the action has been disposed of by an inferior court upon a question of law and not after a valid trial upon the merits, the Court of First Instance shall on appeal review the ruling of the inferior court and may affirm or reverse it, as the case may be. In case of reversal, the case shall be remanded for further proceedings.

  • Section 11  Lack of Jurisdiction.

    A case tried by an inferior court without jurisdiction over the subject-matter shall be dismissed on appeal by the Court of First Instance. But instead of dismissing the case, the Court of First Instance in the exercise of its original jurisdiction, may try the case on the merits if the parties therein file their pleadings and go to the trial without any objection to such jurisdiction.

• Rule 41  Appeal from Court of First Instance to Court of Appeals
  • Section 1  Exceptions Unnecessary.

    Formal exceptions to rulings, orders or a judgment of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary, it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.

  • Section 2  Judgments or Orders Subject to Appeal.

    No interlocutory or incidental judgment or order shall stay the progress of an action, nor shall it be the subject of appeal until final judgment or order is rendered for one party or the other.

  • Section 3  How Appeal Is Taken.

    Appeal may be taken by serving upon the adverse party and filing with the trial court within thirty days from notice of order or judgment, a notice of appeal, an appeal bond, and a record on appeal. The time during which a motion to set aside has been pending shall be deducted.

  • Section 4  Notice of Appeal.

    The notice of appeal shall specify the parties to the appeal; shall designate the judgment or order, or part thereof, appealed from; and shall specify the court to which the appeal is taken.

  • Section 5  Appeal Bond.

    The appeal bond shall be in the amount of sixty pesos (P60) unless the court shall fix a different amount, or unless a supersedeas bond is filed. The appeal bond shall be approved by the court and is conditioned for the payment of costs which the appellate court may award against the appellant.

  • Section 6  Record on Appeal; Form and Contents Thereof.

    The full names of all the parties to the proceeding shall be stated in the caption of the record on appeal, and it shall include the order or judgment from which the appeal is taken, and, in chronological order, copies of all pleadings, petitions, motions and all interlocutory orders relating to the appealed order or judgment. If an issue of fact is to be raised on appeal, the record on appeal shall include by reference the evidence, oral and documentary, taken upon the issue involved. The reference shall specify the documentary evidence by the exhibit numbers or letters by which it was identified when admitted or offered at the hearing, and the oral evidence by the names of the corresponding witnesses. If the whole oral and documentary evidence is to be included, a statement to that effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of exhibits. Every record on appeal exceeding twenty (20) pages must contain a subject index.

  • Section 7  Hearing and Approval of Record.

    Upon the submission for approval of the record on appeal, if no objection is filed within five days, the trial judge may approve it as presented or, upon his own motion or at the instance of the appellee, may direct its amendment by the inclusion of any matters omitted which are deemed essential to the determination of the issue of law or fact involved in the appeal. If the trial judge orders the amendment of the record, the appellant, within the time limited in the order, or such extension thereof as may be granted, shall redraft the record by including therein, in their proper chronological sequence, such additional matters as the court may have directed him to incorporate, and shall thereupon submit the redrafted record for approval, upon notice to the appellee, in like manner as the original draft.

  • Section 8  Joint Record an Appeal.

    Where both parties are appellants they may file a joint record on appeal within a time to be fixed by the court.

  • Section 9  When Appeal Deemed Perfected; Effect Thereof.

    Upon the filing of the notice of appeal and the approval of the appeal bond and the record on appeal, the appeal is deemed perfected and the trial court loses its jurisdiction over the case, except to issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, and to approve compromises offered by the parties prior to the transmittal of the record on appeal to the appellate court.

  • Section 10  Duty of Clerk of Court after Approval of the Record.

    Upon the approval of the record on appeal by the trial judge, it shall be the duty of the clerk of the trial court to verify the correctness of the copies of all petitions, motions, pleadings, orders, and decisions included therein, and to make a certificate of their correctness.

  • Section 11  Transmittal.

    The clerk of the trial court shall transmit to the appellate court the record on appeal within ten days after its approval, together with a certified copy of the minutes of the proceedings, the order of approval, the certificate of correctness, and the original documentary evidence referred to therein. A true copy of such documentary evidence shall be prepared by the clerk and shall remain in the lower court. The record of exhibits to be forwarded by the clerk of the trial court to the appellate court shall contain an index of the exhibits appearing therein, with reference to the page of the record at which each exhibit may be found, and whenever practicable the exhibits shall be collected in a separate folder.

  • Section 12  Transcript.

    Upon the approval of the record on appeal the clerk shall direct the stenographer or stenographers concerned to attach to the record of the case five copies of the transcript of the oral evidence referred to in the record on appeal. The stenographer or stenographers shall transcribe such oral evidence and shall prepare and affix to his transcript an index containing the names of the witnesses and the pages wherein their testimony is found, and a list of the exhibits and the pages wherein each of them appears to have been offered and admitted or rejected by the trial court. The original copy and three copies of the transcript shall be transmitted to the appellate court and the other copy shall remain in the lower court for examination of the parties or any of them.

  • Section 13  Effect of Failure to File Notice, Bond, or Record on Appeal.

    Where the notice of appeal, appeal bond, or record on appeal is filed but not within the period of time herein provided, the appeal shall be dismissed.

  • Section 14  Motion to Dismiss Appeal.

    A motion to dismiss an appeal on any of the grounds mentioned in the preceding section, may be filed in the Court of First Instance prior to the transmittal of the record to the appellate court.

  • Section 15  Mandamus.

    When erroneously a motion to dismiss an appeal is granted or a record on appeal is disallowed by the trial court, a proper petition for mandamus may be filed in the appellate court.

  • Section 16  Appeal by Pauper.

    Where a party desiring to appeal shall establish to the satisfaction of the court that he is a pauper and unable to pay the expenses of prosecuting the appeal, and that the case is of such importance, by reason of the amount involved, or the nature of the questions raised, that it ought to be reviewed by the appellate court, the trial judge may enter an order entitling the party to appeal as pauper. The clerk shall transmit to the appellate court the entire record of the case, including the evidence taken on trial and the record on appeal, and the case shall be heard in the appellate court upon the original record so transmitted without printing the same.

  • Section 17  Appeal in Certiorari, Prohibition, Mandamus, Quo Warranto, Workmen's Compensation, and Employers' Liability Cases.

    Appeals in certiorari, prohibition, mandamus, quo warranto, workmen's compensation and employers' liability cases shall be perfected in the manner provided in the preceding sections but within fifteen days and instead of the record on appeal, the original record of the case in the Court of First Instance shall be transmitted to the appellate court.

  • Section 18  Appeal in Habeas Corpus Cases, How Taken.

    An appeal in habeas corpus cases shall be perfected by filing with the clerk of the court or the judge who rendered the judgment, within twenty-four (24) hours from notice of such judgment, a statement that the person making it appeals from the judgment rendered.

  • Section 19  Who May Appeal in Habeas Corpus Cases.

    The appeal in habeas corpus cases may be taken in the name of the person detained or of the officer or person detaining him. But if the detention is by reason of civil proceedings the party in interest or the person who caused the detention shall be entitled to control the appeal; and, if by virtue of criminal proceedings, the provincial fiscal, or the city fiscal, as the case may be, is entitled to control the appeal on behalf of the Government, subject to the right of the Solicitor-General to intervene.

  • Section 20  Effect of Appeal in Habeas Corpus Cases.

    A judgment remanding the person detained to the custody of the officer or person detaining him, shall not be stayed by appeal. A judgment releasing the person detained shall not be effective until the officer or person detaining has been given opportunity to appeal. An appeal taken by such officer or person shall stay the order of release, unless the person detained shall furnish a satisfactory bond in an amount fixed by the court or judge rendering the judgment. The bond shall be conditioned for the appearance of the person detained before the appellate court to abide its order in the appeal.

  • Section 21  Transmittal of Record in Appeals in Habeas Corpus Cases.

    Immediately after an appeal is taken in habeas corpus cases, the clerk, or judge, shall transmit to the appellate court the original petition for the writ of habeas corpus, the return thereon, a statement of all the proceedings therein and the original judgment discharging or remanding the person detained, together with all the papers used upon the hearing, the statement of appeal, and the orders in regard thereto. The correctness of the papers shall be certified to by the clerk or judge transmitting them.

  • Section 22  Withdrawal of Appeal.

    An appeal in any case may be withdrawn in the Court of First Instance before the record on appeal is transmitted to the appellate court. After the transmittal of the record, the withdrawal of the appeal may be done in the appellate court as provided in section 4 of Rule 52.

• Rule 42  Appeal from Court of First Instance to Supreme Court
  • Section 1  Procedure.

    The procedure of appeal to the Supreme Court from Courts of First Instance shall be governed by the same rules governing appeals to the Court of Appeals, except as hereafter provided.

  • Section 2  Transcript.

    Where testimonial evidence is to be elevated to the Supreme Court, the stenographer, in addition to the original, shall prepare seven legible copies of the transcript for the use of said court.

  • Section 3  Appeal on Pure Question of Law.

    Where the appeal is based purely on questions of law, the appellant shall so state in his notice of appeal, and then no other questions shall be allowed, and the evidence need not be elevated.

• Rule 43  Review of an Order or Decision of Public Service Commission or of Securities and Exchange Commission
  • Section 1  Petition for Review.

    Within thirty (30) days from notice of an order or decision issued by the Public Service Commission or the Securities and Exchange Commission, any party aggrieved thereby may file, in the Supreme Court, a written petition for the review of such order or decision.

  • Section 2  Contents of Petition.

    The petition shall contain a summary statement of the issues involved and the reasons relied upon for allowance of a review. No question may be raised therein which has not been raised before the commission. Only questions of law, which must be distinctly set forth, may be raised in a petition for review of an order or decision rendered by the Securities and Exchange Commission.

  • Section 3  Transcript of Record.

    Upon payment by the petitioner of the docketing fee and deposit of forty pesos (P40) for costs, the clerk of the Supreme Court shall cause a copy of the petition to be served upon the commission, and within ten (10) days from such service, the commission shall certify and file in the Supreme Court a transcript of the record upon which the order sought to be reviewed was entered. The Public Service Commission shall inform the Supreme Court of the time given the stenographer for elevating the testimonial evidence, in case the same cannot be forwarded with the record.

  • Section 4  Stay.

    A petition for review shall not stay the order or decision sought to be reviewed unless the Supreme Court shall direct otherwise upon such terms as it may deem just.

• Rule 44  Appeal from an Award, Order or Decision of the Court of Industrial Relations to the Supreme Court.
  • Section 1  How to Perfect an Appeal.

    An appeal by certiorari from an award, order or decision of the Court of Industrial Relations, shall be perfected by filing with said court a notice of appeal and with the Supreme Court a petition for certiorari against the adverse party within fifteen (15) days from notice of the award, order or decision appealed from.

  • Section 2  Contents of Petition.

    The petition shall contain a summary statement of the issues involved and the reasons relied on for the allowance of the writ, and shall be accompanied with a certified copy of the award, order or decision sought to be reviewed, together with certified copies of such material portions of the record as are referred to therein and other supporting papers. Only questions of law, which must be distinctly set forth, may be raised in the petition.

  • Section 3  Docketing Fee.

    Upon filing the petition the petitioner shall pay to the clerk of the Supreme Court the docketing fee.

  • Section 4  Dismissal.

    The Supreme Court may dismiss the petition on the ground that the same is filed manifestly for delay, or that the questions on which the decision of the case depends are so unsubstantial as to require no further argument.

  • Section 5  Deposit for Costs.

    If the petition is not dismissed as provided in the preceding section, the petitioner shall deposit the sum of forty pesos (P40) for costs within three (3) days from notice unless a different period is fixed by the Court. Upon failure of petitioner to make the deposit within the said period, the petition may be dismissed.

  • Section 6  Answer of Respondent.

    Immediately after deposit for costs is made, the clerk shall cause a copy of the petition to be served upon the respondent requiring him to answer within ten (10) days from service. The answer shall be accompanied with certified copies of such material portions of the record as are referred to therein together with other supporting papers. Copy of such answer shall be served by the respondent upon the petitioner.

  • Section 7  Effect of Appeal.

    The appeal shall stay the award, order or decision appealed from unless the Supreme Court shall direct otherwise upon such terms as it may deem just. (Comm. Act No. 559.)

• Rule 45  Appeal from Auditor General's Decisions
  • Section 1  How Appeal Is Perfected.

    An appeal from an order or decision of the Auditor General under Commonwealth Act No. 327, shall be perfected by filing with the said officer a notice of appeal and with the Supreme Court a petition for review within thirty (30) days from notice of the order or decision appealed from.

  • Section 2  Contents of Petition.

    The petition shall contain a summary statement of the issues involved and the reasons relied upon for allowance of a review.

  • Section 3  Docketing Fee and Deposit for Costs.

    Upon filing the petition, the petitioner shall pay to the clerk of the Supreme Court the docketing fee and shall deposit the sum of forty pesos (P40) for costs.

  • Section 4  Elevation of Record.

    Upon the filing of the petition, notice thereof shall be served by the clerk of the Supreme Court upon the Auditor General, who, within ten (10) days thereafter, shall certify and forward to the Supreme Court the decision or order complained of, together with all petitions, motions, evidence and other papers relating to the decision or order to be reviewed. The Auditor General shall inform the Supreme Court of the time given the stenographer for elevating the testimonial evidence in the event the same cannot be forwarded with the record.

  • Section 5  Effect of Appeal.

    The appeal once perfected shall stay the order or decision appealed from, unless the Supreme Court shall otherwise direct.

• Rule 46  Appeal from Court of Appeals to Supreme Court
  • Section 1  Filing of Petition with Supreme Court.

    A party may appeal by certiorari from a judgment of the Court of Appeals, by filing with the Supreme Court a petition for certiorari, within ten (10) days from the date of entry of such judgment, and paying at the same time, to the clerk of said court the corresponding docketing fee. Copy of the petition shall be furnished the Court of Appeals within the time herein provided.

  • Section 2  Contents of Petition.

    The petition shall contain a summary statement of the matters involved and the reasons relied on for the allowance of the writ, and it should be accompanied with a certified copy of the judgment sought to be reviewed, together with ten copies of the record on appeal, if any, as printed in the Court of Appeals. Only questions of law may be raised in the petition and must be distinctly set forth. If no record on appeal has been filed in the Court of Appeals, the clerk of the Supreme Court, upon filing of the petition, shall demand from the Court of Appeals the elevation of the whole record of the case.

  • Section 3  Dismissal.

    The Supreme Court, may dismiss the petition on the ground that the same was filed manifestly for delay or that the questions on which the decision of the case depends are so unsubstantial as not to need further argument.

  • Section 4  Review of Court of Appeals' Decision, Discretionary.

    A review on writ of certiorari is not a matter of right, but of sound judicial discretion, and will be granted only when there are special and important reasons therefor. The following, while neither controlling nor fully measuring the court's discretion, indicate the character of reasons which will be considered:

    • a

      When the Court of Appeals has decided a question of substance, not theretofore determined by the Supreme Court, or has decided it in a way probably not in accord with law or with the applicable decisions of the Supreme Court;

    • b

      When the Court of Appeals has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of the power of supervision.

  • Section 5  Deposit for Costs.

    If the petition is not dismissed as provided in section 3 of this rule, the petitioner shall deposit the sum of forty pesos (P40) for costs within three (3) days from notice unless a different period is fixed by the court. Upon failure of petitioner to make the deposit within the said period, the petition may be dismissed.

• Rule 47

• Rule 48  Appealed Cases
  • Section 1  Title of Cases.

    In all cases removed to the Court of Appeals, the party bringing the case shall be called the "appellant" and the adverse party the "appellee", but the title of the case shall remain as it was below.

  • Section 2  Attorneys and Guardians.

    Attorneys and guardians ad litem of the respective parties in the court below shall be considered as the attorneys and guardians of the same parties respectively in the Court of Appeals until others are appointed and notice thereof is served on the adverse party.

  • Section 3  Order of Transmittal of Record.

    If the record on appeal is not received by the Court of Appeals within thirty days after the approval thereof, the appellee may, upon notice to the appellant, move the court to grant an order directing the clerk of the lower court forthwith to transmit such record on appeal or to declare the same abandoned for failure to prosecute.

  • Section 4  Notice of Receipt of Record.

    The clerk upon receiving the record on appeal shall cause a notice of that fact to be served on the parties.

  • Section 5  Duty of Appellant upon Receipt of Notice.

    It shall be the duty of the appellant, within fifteen days from the date of the notice referred to in the preceding section, to pay to the clerk of the Court of Appeals the fee for the docketing of the appeal.

  • Section 6  Place of Payment.

    The appellant may, at his election, pay the docketing fee to the clerk of the lower court at any time before the transmission of the record on appeal, in which event the docketing fee shall be transmitted with the record on appeal.

  • Section 7  Estimate of Cost of Printing Record.

    Upon receipt of the record on appeal, the clerk shall make an estimate of the expense of printing thirty copies of such record, exclusive of the evidence, and shall notify the appellant thereof.

  • Section 8  Payment of Cost of Printing.

    The appellant, within fifteen days from the notice referred to in the preceding section, shall pay the clerk the estimated cost of printing the record, and at the same time may designate a printing establishment in Manila to do the work; but if no designation is made, or if the printing establishment designated is not properly equipped for the work, the clerk shall designate a printing establishment of good reputation.

  • Section 9  Duty of Clerk upon Payment of Cost of Printing.

    Upon payment of the estimated cost of printing, the clerk shall at once send to the printer the record on appeal and cause to be printed thirty copies of the same for the use of the court and counsel. He shall supervise the printing and read the proof, and shall see that the original record on appeal be returned to him.

  • Section 10  Elevation of evidence.

    Upon payment of the estimated cost of printing the record on appeal, the clerk shall ascertain whether or not the transcript and exhibits have been elevated, and if not, shall cause the same to be done.

  • Section 11  Service of Printed Copies of Record on Appeal.

    Upon receipt of the printed copies of the record on appeal, the clerk shall at once cause five of them to be served by registered mail or personal delivery upon each party or his attorney.

  • Section 12  Appellant's Brief.

    After receipt by the appellant of five copies of the printed record on appeal, it shall be his duty to file with the court, within forty-five days from notice of the clerk to this effect, thirty copies of his printed brief together with a proof of service of five copies thereof upon the appellee. If the appellant is duly authorized to appeal as pauper, he may file seven legibly typewritten copies of his brief, within forty-five days from notice of receipt by the court of the original record of the case, and serve a copy on the appellee.

  • Section 13  Appellee's Brief.

    Within forty-five days from receipt of appellant's brief, the appellee shall file with the court thirty copies of his printed brief together with a proof of service of five copies thereof upon the appellant. A pauper appellee may file seven legibly typewritten copies of his brief, and serve a copy on the appellant.

  • Section 14  Time for Filing Brief in Special Cases.

    In mandamus, certiorari, prohibition, quo warranto, habeas corpus, election contest, workmen's compensation, and employers' liability cases, the respective briefs of the parties shall be filed within thirty days, but the court may still shorten this period as the circumstances of each case may require.

  • Section 15  Several Appellants or Appellees or Several Attorneys for Each Party.

    Where there are several appellants or appellees, each attorney representing one or more but not all of them shall be served with only three copies of the briefs. And when several attorneys represent one party appellant or appellee, copies of the brief may be served upon any of them.

  • Section 16  Extension of Time for Filing Brief.

    Extension of time for the filing of briefs will not be allowed, except for good and sufficient cause, and only if the motion for extension is filed before the expiration of the time sought to be extended.

  • Section 17  Contents of Appellant's Brief.

    The appellant's brief shall contain in the order herein indicated the following:

    • a

      A subject index of the matter in the brief with page references and a table of the cases alphabetically arranged, textbooks, and statutes cited with references to the pages where they are cited, if the brief contains twenty or more pages;

    • b

      An assignment of the errors intended to be urged. Such errors shall be separately, distinctly, and concisely stated without repetition, and shall be numbered consecutively;

    • c

      Under the heading "Statement of Facts," a clear and concise statement in brief narrative form of the facts of the case, including the nature of the action, the character of the pleading and proceedings, the substance of the proof in sufficient detail to make it clearly intelligible, the rulings and orders of the court, the nature of the judgment, and any other matters necessary to an understanding of the nature of the controversy on the appeal, with page references to the record;

    • d

      Under the heading "Argument," the appellant's arguments on each assignment of error with page references to the record. The authorities relied upon shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found;

    • e

      Under the heading "Relief," a specification of the order or judgment which the appellant seeks;

    • f

      In cases not brought up by record on appeal, the appellant's brief shall contain as an appendix a copy of the judgment or order appealed from.

  • Section 18  Contents of Appellee's Brief.

    The appellee's brief shall contain in the order herein indicated the following:

    • a

      A subject index of the matter in the brief with page references and a table of the cases alphabetically arranged, textbooks, and statutes cited with references to the pages where they are cited, if the brief contains twenty or more pages;

    • b

      Under the heading "Statement of Facts," the appellee shall state that he accepts the statement of facts in the appellant's brief, or under the heading "Counter-Statement of Facts," he shall point out such insufficiencies or inaccuracies as he believes exist in the appellant's statement of facts, with references to the pages of the record in support thereof, but without repetition of matters in appellant's statement of facts;

    • c

      Under the heading "Argument," the appellee shall set forth his arguments in the case on each assignment of error with page references to the record. The authorities relied on shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found.

  • Section 19  Questions That May Be Raised on Appeal.

    Whether or not the appellant has filed a motion for new trial in the court below, he may include in his assignment of errors any question of law or of fact that has been raised in the court below and which is within the issues made by the parties in their pleadings.

• Rule 49  Original Cases
  • Section 1  Title of Cases.

    In all cases originally filed in the Court of Appeals, the party instituting the action shall be called the \"petitioner\" and the opposing party the \"respondent.\"

  • Section 2  Petition.

    In cases coming within the original jurisdiction of the Court of Appeals, the petition shall be accompanied with supporting papers, and sufficient copies thereof shall be signed by the petitioner and filed with the court to be served upon the respondents.

  • Section 3  Order.

    Immediately upon the filing of the petition, the clerk shall report the same to the court and upon a prima facie showing the court shall order the respondent to answer the petition, within ten days from the date of service. A copy of the order with a copy of the petition shall be served upon the respondents by the sheriff or his deputy or any officer designated by the court. In habeas corpus cases against a government official, service shall be made also upon the Solicitor-General.

  • Section 4  Answer.

    The respondent, within the time herein provided, shall file his answer with the court and serve a copy thereof upon the petitioner, otherwise the petition shall be heard ex parte.

  • Section 5  Oral Argument.

    Upon the filing and service of the respondent's answer if no issue of fact is therein raised, the court shall fix a date for oral argument with notice upon the parties.

• Rule 50  Calendars and Oral Argument
  • Section 1  When Appealed Case Deemed Ready for Hearing.

    After the filing and service of the appellee's brief or the expiration of the time for such filing and service the clerk shall place the case on the next calendar of the court.

  • Section 2  Preparation of Calendar.

    Ten days before the opening of every calendar term the clerk shall prepare for the use of the court and counsel a calendar of all cases ready for hearing at the respective terms.

  • Section 3  Call of Calendar.

    On the second Monday of January and July, and on other dates as ordered by the court with notice to the parties, the court will call the calendars prepared and assign cases for hearing on specific days. No other notice will be given the parties of the dates so assigned for the hearing of cases. Upon agreement of the parties, a case may be submitted at any time upon the briefs already filed without oral argument. If parties to a case do not attend the calling of the calendar, or do not then apply for specific date for oral argument, they are deemed to have submitted the case for decision upon the briefs presented.

  • Section 4  Certain Cases Need Not Be Included in the Calendar.

    The special cases mentioned in section 14 of Rule 48 shall not await the calling of a calendar, but shall be set for hearing after the filing of the appellee's brief.

  • Section 5  Order of Oral Argument.

    The appellant, petitioner, or, in the discretion of the court, the party who applied for oral argument, may open the same; the adverse party may then follow; and the closing argument shall belong to the party who opened it. Two counsel may, in the discretion of the court, be heard upon each side, but in the order herein provided.

  • Section 6  Duration of Oral Argument.

    Each party shall be entitled to half an hour in appealed cases, and one hour in original cases, for oral argument, extendible in the discretion of the court.

  • Section 7  Memoranda and List of Authorities.

    In original cases, memoranda will be admitted in lieu or in amplification of oral argument. In appealed cases, memoranda will be admitted in lieu of oral argument. In all cases a citation of authorities not already referred to in the briefs may be admitted.

  • Section 8  Oral Argument of Appellee without Brief.

    If the appellee fails to file his brief in time, he shall only be heard in reply to appellant's oral argument or memoranda.

  • Section 9  Completion or Correction of Record.

    If the court discovers that the record before it is so incomplete or incorrect that justice requires the same to be completed or corrected, the court may make such order as may be proper and necessary to that effect.

  • Section 10  Original Papers May Be Required.

    Whenever it is necessary or proper in the opinion of the court that original papers of any kind should be inspected in the court on appeal, it may make such order for the transmission, safe-keeping, and return of such original papers as may seem proper, and the court may receive and consider such original papers in connection with the record.

  • Section 11  Hearing of Appeals in Habeas Corpus Cases.

    Appeals in habeas corpus cases shall take precedence over all other cases in the Court of Appeals. At the hearing of the appeal, if the person detained is on bail, his presence shall be required, and likewise at the time of the rendition of the judgment by the appellate court. His absence, however, shall not preclude the appellate court from proceeding in its discretion to hear the appeal and render judgment, but the court may forthwith declare his bond forfeited and order that the person detained be remanded to the custody of the officer or person detaining him. The sum due upon the forfeited bond shall be collected in the same manner as in criminal proceedings.

• Rule 51  Pleadings, Motions, Service of Papers
  • Section 1  Pleadings, Motions, Service of Papers, and Proof Thereof.

    Pleadings, motions, filing and service of papers, and proof thereof, except as otherwise provided, shall be governed by Rules 15, 26 and 27, in so far as they are not inconsistent with the provisions of this rule.

  • Section 2  No Oral Argument for Motions.

    No oral argument will be heard in support of motions, unless the court otherwise directs. The adverse party may file objections within five days from service, upon the expiration of which the motion shall be submitted for ruling.

  • Section 3  Effectiveness of Service.

    Unless otherwise provided by these rules, service of notices, of pleadings and of all other papers shall take effect upon the expiration of five days from actual receipt.

• Rule 52  Dismissal of Appeal
  • Section 1  Grounds for Dismissal of Appeal.

    An appeal may be dismissed by the Court of Appeals, on its own motion or on that of the appellee, on the following grounds:

    • a

      Failure to file, within the period prescribed by these rules, the notice of appeal, appeal bond or record on appeal;

    • b

      Failure of the appellant to prosecute his appeal under section 3 of Rule 48;

    • c

      Failure of the appellant to pay the docketing fee as provided in section 5 of Rule 48;

    • d

      Failure to pay the cost of printing of the record on appeal as provided in section 8 of Rule 48;

    • e

      Failure of the appellant to serve and file his brief within the time provided by these rules;

    • f

      Want of specific assignment of errors in the appellant's brief;

    • g

      Failure of the appellant to take the necessary steps for the correction or completion of the record within the time limited by the court in its order; and

    • h

      That the order or judgment appealed from is not appealable.

  • Section 2  Effect of Dismissal.

    Fifteen days after the dismissal of an appeal, the clerk shall return to the court below the record on appeal with a certificate under the seal of the court showing that the appeal has been dismissed. Upon the receipt of such certificate in the lower court the case shall stand there as though no appeal had ever been taken, and the judgment of the said court may be enforced with the additional costs allowed by the appellate court upon dismissing the appeal.

  • Section 3  Lack of Jurisdiction.

    Where the court has no appellate jurisdiction over a case, it shall not dismiss the appeal, but shall certify the case to the proper court, with a specific and clear statement of the grounds therefor.

  • Section 4  Withdrawal of Appeal.

    An appeal may be withdrawn as of right at any time before the filing of appellee's brief. After that brief is filed the withdrawal may be allowed by the court in its discretion. The withdrawal of an appeal shall have the same effect as that of a dismissal in accordance with section 2 of this rule.

• Rule 53  Judgment
  • Section 1  Judges; Who May Take Part.

    All matters submitted to the court for its consideration and adjudication will be deemed to be submitted for consideration and adjudication by any and all of the justices who are members of the court at the time when such matters are taken up for consideration and adjudication, whether such justices were or were not members of the court and whether they were or were not present at the date of submission; however, only those members present when any matter is submitted on oral argument will take part in its consideration and adjudication, if the parties, or either of them, express a desire to that effect in writing filed with the clerk at the date of submission.

  • Section 2  Disposition of a Case.

    The Court of Appeals, in the exercise of its appellate jurisdiction, may affirm, reverse, or modify the judgment or order appealed from, and may direct a new trial or further proceeding to be had. When a new trial shall be granted, the court shall pass upon all the questions of law involved for the final determination of the action.

  • Section 3  Harmless Error.

    No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every state of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.

  • Section 4  Judgment Where There Are Several Parties.

    In all actions, an appealed judgment may be affirmed as to some of the appellants, and reversed as to others, and the case shall thereafter be proceeded with, so far as necessary, as if separate actions had been begun and prosecuted; and execution of the judgment of affirmance may be had accordingly, and costs may be adjudged in such cases, as the court shall deem proper.

  • Section 5  Questions That May Be Decided.

    No error which does not affect the jurisdiction over the subject matter will be considered unless stated in the assignment of errors and properly argued in the brief, save as the court, at its option, may notice plain errors not specified, and also clerical errors.

  • Section 6  Interest-Bearing Claim.

    When the judgment rendered by the Court of Appeals is upon an interest-bearing claim, it shall bear the same rate of interest; when upon a non-interest-bearing claim, it shall bear the legal rate of interest.

  • Section 7  Filing and Notice of Judgment.

    After the judgment and dissenting opinions, if any, are signed by the Justices taking part, they shall be delivered for filing to the clerk who shall cause true copies thereof to be served upon the parties or their counsel.

  • Section 8  Entry of Judgment.

    The judgment shall be entered upon the expiration of fifteen days after notice thereof. The entry shall be in the same form as is provided in section 2 of Rule 35. (Minutes, Oct., 1945.)

  • Section 9  Remanding of Case.

    Ten days after entry of judgment, the clerk shall remand the case to the lower court, unless notice is given of intention to petition the Supreme Court for a writ of certiorari, in which event the mittimus shall be stayed. Upon remanding the case, the clerk shall transmit to the court below a certified copy of the judgment for execution.

• Rule 54  Re-hearing
  • Section 1  Motion for Re-Hearing.

    A motion for a re-hearing or reconsideration shall be made ex parte and filed within fifteen days after notice of the final order of judgment. No more than one motion for re-hearing or reconsideration shall be filed without express leave of court. A second motion for reconsideration shall be presented within fifteen days from promulgation of the order or judgment deducting the time in which the first motion has been pending, or in the discretion of the court within two days from notice of order denying the first motion. (Minutes, Oct., 1945.)

  • Section 2  Oral Argument When Motion Granted.

    If the motion for re-hearing or reconsideration is granted, the adverse party shall be given time to answer, after which the court, in its discretion, may set the case for oral argument.

  • Section 3  Stay.

    A motion for re-hearing or reconsideration filed in time shall stay the final order or judgment sought to be re-examined.

• Rule 55  New Trial
  • Section 1  Petition.

    Before entry of final order or judgment rendered by the Court of Appeals, a motion for a new trial may be filed therein on the ground of newly discovered evidence which could not have been discovered prior to the trial in the court below by the exercise of due diligence and which is of such a character as probably to change the result. The motion shall be accompanied by affidavits showing the facts constituting the grounds therefor and the newly discovered evidence.

  • Section 2  Hearing and Order.

    The motion, with the evidence, shall be heard with the record on appeal. The Court of Appeals shall consider the new evidence together with that adduced on the trial below, and may grant or refuse a new trial, or may make such order, with notice to both parties, as to taking further testimony, either orally in court, or by depositions, or render such other judgment as ought, in view of the whole case, to be rendered, upon such terms as it may deem just.

  • Section 3  Procedure in New Trial.

    Unless the court otherwise directs, the procedure in the new trial shall be the same as if it were granted by a Court of First Instance.

• Rule 56  Internal Business
  • Section 1  Distribution and Consideration of Cases.

    The Court of Appeals shall, from time to time, make proper orders or rules to govern the constitution of its divisions, the regular rotation of justices between them, the distribution of cases between the divisions and the justices, the manner of deliberation and voting, and such other matters as may pertain to the internal business of the court.

  • Section 2  Procedure if Opinion Is Equally Divided.

    Where the court in banc is equally divided in opinion, or the necessary majority cannot be had, the case shall be reheard, and if on rehearing no decision is reached, the action shall be dismissed if originally commenced in the court; in appealed cases, the judgment or order appealed from shall stand affirmed; and on all incidental matters, the petition or motion shall be denied.

• Rule 57  Publication of Decisions

  When so requested by the author thereof, the decisions of the Court shall be published in the Official Gazette and in the Appellate Court's Reports in the language in which they have been originally written. Memoranda of all other decisions not so published shall be made by the reporter and published in the Official Gazette and included in the Appellate Court's Reports. The syllabi for the decisions shall be prepared by the reporter in co-operation with the author thereof.

• Rule 58  Appealed and Original Cases
  • Section 1  Procedure Similar to That of Court of Appeals.

    Unless otherwise provided by the Constitution or by law, the procedure in the Supreme Court in original as well as in appealed cases, shall be the same as in the Court of Appeals, except as hereafter provided.

  • Section 2  Copies to Be Filed in Appealed as Well as in Original Cases.

    Where record on appeal or brief is required, only twenty copies thereof shall be printed in an appeal to the Supreme Court. And whenever a petition for review is filed with the Supreme Court or whenever the original jurisdiction of the Supreme Court is invoked, in addition to the original pleadings, memoranda and reports, and the necessary copies to be served on the adverse party, eleven (11) legibly typewritten or twenty (20) printed copies thereof shall be filed for the use of the Court, and the transcript of the testimony, if any, shall be filed in eleven (11) clearly legible copies besides the original that shall be attached to the record. (Res. of Oct. 6, 1949, 45 O.G. (10) 4479.)

  • Section 3  Briefs in Appeals from Public Service Commission or Securities and Exchange Commission.

    The clerk of the Supreme Court, upon receipt of the transcript of the record transmitted to him by the commission, shall notify the parties of that fact, and the petitioner, within thirty (30) days from such notice, shall file twenty (20) copies of his brief together with a proof of service of five (5) and three (3) copies thereof upon the adverse party and the commission, respectively, and within thirty (30) days from such service or from notice by the clerk of the expiration of the time given the petitioner for the filing of his brief, the adverse party shall file twenty (20) copies of his brief together with a proof of service of five (5) and three (3) copies thereof upon the petitioner and the commission, respectively.

  • Section 4  Brief or Memorandum in Appeals from Court of Industrial Relations.

    In appeals from the Court of Industrial Relations, the petitioner, within ten (10) days from service of respondent's answer, shall file ten (10) copies of his brief or memorandum together with a proof of service of two (2) copies thereof upon the respondent, and, within ten (10) days from the date of such service, or from notice by the clerk of the expiration of the time given the petitioner for the filing of his brief, the respondent shall file ten (10) copies of his reply brief or memorandum together with a proof of service of two (2) copies thereof upon the petitioner. Briefs or memoranda may be printed, mimeographed or typewritten.

  • Section 5  Brief in Appeals from Auditor General's Decision.

    The clerk of the Supreme Court, upon receipt of the transcript of the record transmitted to him by the Auditor General, shall notify the parties of that fact, and the petitioner, within thirty (30) days from such notice shall file twenty (20) copies of his brief together with a proof of service of five (5) copies thereof upon the adverse party and, within thirty (30) days from such service, or from notice by the clerk of the expiration of the time given the petitioner for the filing of his brief, the adverse party shall file twenty (20) copies of his reply brief, together with a proof of service of five (5) copies thereof upon the petitioner. If there is no adverse party, the Solicitor-General shall file the reply brief in behalf of the Auditor General.

  • Section 6  Service of Petition for Certiorari in Appeals from Court of Appeals.

    In appeals by certiorari from the Court of Appeals, upon the deposit by the petitioner of the sum of P40 for costs, the clerk of the Supreme Court shall cause a copy of the petition to be served upon each of the respondents and notify the petitioner of that fact.

  • Section 7  Briefs in Appeals by Certiorari from Court of Appeals.

    Within twenty (20) days from the notice referred to in the preceding section, the petitioner shall file twenty (20) copies of his brief, together with a proof of service of five (5) copies thereof on the respondent, and within twenty (20) days from such service, or from notice by the clerk of the expiration of the time given the petitioner for the filing of his brief, the respondent shall file twenty (20) copies of his brief, together with a proof of service of five (5) copies thereof on the petitioner.

  • Section 8  Appealed Decisions as Appendix.

    Decisions sought to be reviewed, of the courts, commissions or officer above referred to, shall be copied in the petitioner's or appellant's brief as an appendix.

  • Section 9  Inclusion in Calendar.

    In appeals referred to in the preceding sections, upon the filing of respondent's brief, or after the expiration of the time for its filing, the case shall be included in the regular calendar unless the court advances the hearing of special cause shown. But if the case comes from the Court of Industrial Relations, the same shall be immediately set for oral argument and thereafter submitted for decision.

  • Section 10  Oral Argument, Its Duration.

    Each party is entitled to thirty minutes in appealed as well as in original cases, for oral argument, extendible in the discretion of the court where motion for more time has been filed the day before hearing. (Res. of Jan. 9, 1948, 79 Phil., p. vii.)

• Rule 59  Attachment
  • Section 1  When Defendant's Property May Be Attached.

    A plaintiff may, at the commencement of the action or at any time thereafter, have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, in the manner hereinafter provided, in the following cases:

    • a

      In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the Philippines with intent to defraud his creditors;

    • b

      In an action for money or property embezzled or fraudulently misapplied or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for a willful violation of duty;

    • c

      In an action to recover the possession of personal property unjustly detained, when the property, or any part thereof, has been concealed, removed, or disposed of to prevent its being found or taken by the plaintiff or an officer;

    • d

      When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation upon which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought;

    • e

      When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors;

    • f

      In an action against a defendant who resides out of the Philippines, or on whom summons may be served by publication.

  • Section 2  By Whom Order Issued, and What to Require.

    An order of attachment may be granted by the judge of any court in which the action is pending, or by a Justice of the Court of Appeals or the Supreme Court, and must require the sheriff or other proper officer of a province to attach all the property of such defendant within the province not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which must be stated in the order, unless the defendant makes deposit or gives bond as hereinafter provided in an amount sufficient to satisfy such demand, besides costs, or in an amount equal to the value of the property which is about to be attached. Several orders may be issued at the same time to the sheriffs or other proper officers of different provinces.

  • Section 3  Order Issued Only When Affidavit and Bond Filed.

    An order of attachment shall be granted when it is made to appear by the affidavit of the plaintiff, or of some other person who personally knows the facts, that a sufficient cause of action exists, that the case is one of those mentioned in section 1 hereof, that there is no other sufficient security for the claim sought to be enforced by the action, and that the amount due to the plaintiff, or the value of the property which he is entitled to recover the possession of, is as much as the sum for which the order is granted above all legal counterclaims; which affidavit, and the bond required by the next succeeding section, must be duly filed with the clerk or judge of the court before the order issues.

  • Section 4  Bond Required from Plaintiff.

    The party applying for the order must give a bond executed to the defendant in an amount to be fixed by the judge, not exceeding the plaintiff's claim, that the plaintiff will pay all the costs which may be adjudged to the defendant and all damages which he may sustain by reason of the attachment, if the court shall finally adjudge that the plaintiff was not entitled thereto.

  • Section 5  Executing Officer.

    The officer executing the order shall without delay attach, to await judgment and execution in the action, all the properties of the defendant in the province not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, unless the defendant makes a deposit with the clerk or judge of the court from which the order issued, or gives a bond executed to the plaintiff, in an amount sufficient to satisfy such demand besides costs, or in an amount equal to the value of the property which is about to be attached, to secure the payment to the plaintiff of any judgment which he may recover in the action. The officer shall also forthwith serve a copy of the plaintiff's affidavit and bond, and of the order of attachment, on the defendant, if he be found within the province.

  • Section 6  Return.

    Immediately after executing the order the officer must return it to the clerk or judge of the court from which the order issued, with a full statement of his proceedings under the order and a complete inventory of the property attached, together with any bond given by the defendant, and serve a copy of any such bond on the plaintiff or his lawyer.

  • Section 7  How Various Classes of Real and Personal Property Attached; Duty of Registrar of Deeds.

    The property of the defendant shall be attached by the officer executing the order in the following manner:

    • a

      Real property, or growing crops thereon, in the province standing upon the records of the registrar of deeds in the name of the defendant, or not appearing at all upon such records, by filing with the registrar of deeds a copy of the order, together with a description of the property attached, and a notice that it is attached, and by leaving a copy of such order, description, and notice with the occupant of the property, if any there be. Where the property has been brought under the operation of the Land Registration Act, the notice shall contain a reference to the number of the certificate of title and the volume and page in the registration book where the certificate is registered. The registrar must index attachments filed under this paragraph in the names both of the plaintiff and of the defendant;

    • b

      Real property, or growing crops thereon, in the province, or an interest therein, belonging to the defendant, and held by any other person, or standing on the records of the registrar of deeds in the name of any other person, by filing with the registrar of deeds a copy of the order, together with a description of the property, and a notice that such real property, and any interest of the defendant therein, held by or standing in the name of such other person, naming him, are attached, and by leaving with the occupant of the property, if any, and with such other person, or his agent, if found within the province, or at the residence of either, if within the province, a copy of such order, description, and notice. Where the property has been brought under the operation of the Land Registration Act, the notice shall contain a reference to the number of the certificate of title and the volume and page in the registration book where the certificate is registered. The registrar of deeds must index attachments filed under this paragraph in the names of the plaintiff and of the defendant and of the person by whom the property is held or in whose name it stands on the records;

    • c

      Personal property capable of manual delivery, by taking and safely keeping in his custody;

    • d

      Stocks or shares, or an interest in stocks or shares, of any corporation or company, by leaving with the president or managing agent thereof, a copy of the order, and a notice stating that the stock or interest of the defendant is attached in pursuance of such order;

    • e

      Debts and credits, and other personal property not capable of manual delivery, by leaving with the person owing such debts, or having in his possession or under his control, such credits or other personal property, or with his agent, a copy of the order, and a notice that the debts owing by him to the defendant, and the credits and other personal property in his possession, or under his control, belonging to the defendant, are attached in pursuance of such order;

    • f

      The interest of the defendant in property belonging to the estate of a decedent, whether as heir, legatee, or devisee, by serving the personal representative of the decedent with a copy of the order and a notice that said interest is attached. A copy of said order of attachment and of said notice shall also be filed in the office of the clerk of the court in which said estate is being settled.

  • Section 8  Effect of Attachment of Debts and Credits.

    All persons having in their possession or under their control any credits or other personal property belonging to the defendant, or owing any debts to the defendant, at the time of service upon them of a copy of the order of attachment and notice as provided in the last preceding section, shall be, unless such property be delivered or transferred, or such debts be paid, to the clerk, sheriff, or other proper officer of the court in which the action is pending, liable to the plaintiff for the amount of such credits, property, or debts, until the attachment be discharged, or any judgment recovered by him be satisfied.

  • Section 9  Effect of Attachment of Interest of Defendant in Property Belonging to the Estate of a Decedent.

    The attachment of the interest of an heir, legatee, or devisee in the property belonging to the estate of a decedent, shall not impair the powers of the personal representative of the decedent over such property for the purpose of administration. Such personal representative, however, shall report the attachment to the court when any petition for distribution is filed, and in the order made upon such petition, distribution shall be ordered to such heir, legatee, or devisee, but delivery of the property attached shall be ordered to the officer making the levy, subject to the claim of such heir, legatee, or devisee, or any person claiming under him.

  • Section 10  Examination of Defendant and Persons Indebted to Him or Controlling His Property; Delivery of Property to Officer.

    Any person owing debts to the defendant or having in his possession or under his control any credits or other personal property belonging to the defendant, may be required to attend before the court in which the action is pending, or before a commissioner appointed by the court, and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath. The court may, after such examination, order personal property capable of manual delivery belonging to the defendant, in the possession of the person so required to attend before the court, to be delivered to the clerk of the court, sheriff, or other proper officer on such terms as may be just, having reference to any liens thereon or claims against the same, to await the judgment in the action.

  • Section 11  When Sale of Perishable or Other Property Ordered.

    Whenever it shall be made to appear to the judge of the court in which the action is pending, upon hearing after notice to both parties if practicable, that the property attached is perishable, or that the interests of all the parties to the action will be subserved by the sale thereof, the judge may, on motion, order such property to be sold at public auction in such manner as he may direct, and the proceeds to be deposited in court to abide the judgment in the action.

  • Section 12  Discharge of Attachment upon Defendant Giving Security.

    At any time after an order of attachment has been granted, the defendant, or the person appearing on his behalf, may, upon reasonable notice to the plaintiff, apply to the judge who granted the order, or to the judge of the court in which the action is pending, for an order discharging the attachment wholly or in part on security given, and the judge shall, after hearing, order the discharge of the attachment if a deposit is made, or a bond executed to the plaintiff is filed, on behalf of the defendant, with the clerk or judge of the court where the application is made, in an amount equal to the value, to be determined by the judge, of the property attached, to secure the payment to the plaintiff of any judgment he may recover in the action. Upon filing such bond, the defendant, or someone on his behalf, shall forthwith serve a copy thereof on the plaintiff or his lawyer. Upon the discharge of an attachment in accordance with the provisions of this section the property attached, and the proceeds of any sale thereof, shall be delivered to the defendant, or the person appearing on his behalf, the deposit or bond aforesaid standing in place of the property so released. Should such bond for any reason be found to be, or become, insufficient, and the defendant fail to forthwith file an approved bond, the plaintiff may apply for a new order of attachment.

  • Section 13  Discharge of Attachment on Other Grounds.

    The defendant may also, at any time either before or after the release of the attached property, or before any attachment shall have been actually levied, upon reasonable notice to the plaintiff, apply to the judge who granted the order, or to the judge of the court in which the action is pending, for an order, to discharge the attachment on the ground that the same was improperly or irregularly issued. If the motion be made on affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence in addition to that on which the attachment was made. After hearing, the judge shall order the discharge of the attachment if it appears that it was improperly or irregularly issued and the defect is not cured forthwith.

  • Section 14  Proceedings Where Property Claimed by Third Person.

    If property taken be claimed by any other person than the defendant or his agent, and such person makes an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serves the same upon the officer while he has possession of the property, and a copy thereof upon the plaintiff, the officer shall not be bound to keep the property under the attachment, unless the plaintiff or his agent, on demand of said officer, indemnifies him against such claim by a bond in a sum not greater than the value of the property attached, and in case of disagreement as to such value, the same shall be decided by the court issuing the writ of attachment. The officer is not liable for damages, for the taking or keeping of such property, to any such third person, unless such a claim is so made and the action upon the bond brought within 120 days from the date of the filing of said bond. But nothing herein contained shall prevent such third person from vindicating his claim to the property by any proper action. However, when the plaintiff, or the person in whose behalf the writ of attachment was issued, is the Republic of the Philippines, or any officer duly representing it, the filing of such bond shall not be required, and in case the sheriff or attaching officer is sued for damages as a result of the attachment, he shall be represented by the Solicitor-General, and if held liable therefor, the actual damages adjudged by the court shall be paid by the Insular Treasurer out of the funds to be appropriated for the purpose.

  • Section 15  Satisfaction of Judgment Out of Property Attached; Return of Officer.

    If judgment be recovered by the plaintiff and execution issues thereon, the sheriff or other proper officer may cause the judgment to be satisfied out of the property attached, if it be sufficient for that purpose, in the following manner:

    • a

      By paying to the plaintiff the proceeds of all sales of perishable or other property sold in pursuance of the order of the judge, or so much as shall be necessary to satisfy the judgment;

    • b

      If any balance remains due, by selling so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remains in his hands, or in those of the clerk of the court;

    • c

      By collecting from all persons having in their possession credits belonging to the defendant, or owing debts to the defendant at the time of the attachment of such credits or debts, the amount of such credits and debts as determined by the court in the action, and stated in the judgment, and paying the proceeds of such collection over to the plaintiff.

    • The officer shall forthwith make return in writing to the court of his proceedings under this section.

  • Section 16  Balance Due Collected upon an Execution; Surplus Delivered to Defendant.

    If after realizing upon all the property attached, including the proceeds of any debts or credits collected, and applying the proceeds in extinguishment of the judgment, less the expenses of proceedings upon the judgment, any balance shall remain due, the officer must proceed to collect such balance as upon execution in other cases. Whenever the judgment shall have been paid, the officer, upon reasonable demand, must deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judgment.

  • Section 17  When Execution Returned Unsatisfied, Recovery Had upon Bond.

    If the execution be returned unsatisfied in whole or in part, the surety or sureties on any bond given pursuant to the provisions of this rule to secure the payment of the judgment shall become finally charged on such bond, and bound to pay to the plaintiff upon demand the amount due under the judgment, which amount may be recovered from such surety or sureties after notice and summary hearing in the same action.

  • Section 18  Disposition of Money Deposited.

    Where the defendant has deposited money instead of giving bond, it shall be applied under the direction of the court to the satisfaction of any judgment rendered in favor of the plaintiff, and after satisfying the judgment the balance shall be refunded to the defendant or his assignee. If the judgment is in favor of the defendant, the whole sum deposited must be refunded to him or his assignee.

  • Section 19  Disposition of Attached Property Where Judgment for Defendant.

    If the defendant recovers judgment against the plaintiff, all the proceeds of sales and money collected or received by the sheriff, clerk, or other proper officer under the order of attachment, and all the property attached remaining in any such officer's hands, shall be delivered to the defendant, and the order of attachment discharged.

  • Section 20  Claim for Damages on Plaintiff's Bond on Account of Illegal Attachment.

    If the judgment on the action be in favor of the defendant, he may recover, upon the bond given by the plaintiff, damages resulting from the attachment. Such damages may be awarded only upon application and after proper hearing, and shall be included in the final judgment. The application must be filed before the trial or, in the discretion of the court, before entry of the final judgment, with due notice to the plaintiff and his surety or sureties, setting forth the facts showing his right to damages and the amount thereof. Damages sustained during the pendency of an appeal may be claimed by the defendant, if the judgment of the appellate court be favorable to him, by filing an application therewith, with notice to the plaintiff and his surety or sureties, and the appellate court may allow the application to be heard and decided by the trial court.

• Rule 60  Injunction
  • Section 1  Injunction Defined; Classes.

    An injunction is an order requiring a person to refrain from a particular act. It may be of two kinds.

    • a

      A preliminary injunction is one granted at any stage of an action prior to the final judgment;

    • b

      A final injunction is one included in the judgment as the relief, or a part of the relief, granted as the result of the action.

  • Section 2  Who May Grant Preliminary Injunction.

    A preliminary injunction may be granted by the judge of any court in which the action is pending, or by a Justice of the Court of Appeals or of the Supreme Court. It may also be granted by the Judge of a Court of First Instance in any action pending in his district.

  • Section 3  When and on What Showing Preliminary Injunction Granted.

    A preliminary injunction may be granted at any time after the commencement of the action and before judgment, when it is established:

    • a

      That the plaintiff is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or continuance of the acts complained of, either for a limited period or perpetually;

    • b

      That the commission or continuance of some act complained of during the litigation would probably work injustice to the plaintiff; or

    • c

      That the defendant is doing, threatens, or is about to do, or is procuring or suffering to be done, some act probably in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual.

  • Section 4  Verified Complaint and Bond for Preliminary Injunction.

    A preliminary injunction may be granted only when:

    • a

      The complaint in the action is verified, and shows facts entitling the plaintiff to the relief demanded; and

    • b

      The plaintiff files with the clerk or judge of the court in which the action is pending a bond executed to the party enjoined, in an amount to be fixed by the court, to the effect that the plaintiff will pay to such party all damages which he may sustain by reason of the injunction if the court should finally decide that the plaintiff was not entitled thereto.

  • Section 5  Preliminary Injunction Not Granted Without Notice; Exception.

    Unless it shall appear from facts shown by affidavits or by the verified complaint that great or irreparable injury would result to the applicant before the matter can be heard on notice, no preliminary injunction shall be granted without notice to the defendant. The judge to whom the application for preliminary injunction was made, must cause an order to be served on the defendant, requiring him to show cause, at a specified time and place, why the injunction should not be granted.

  • Section 6  Grounds for Objection to, or for Motion of Dissolution of, Injunction.

    The injunction may be refused, or, if granted ex parte, may be dissolved, upon the insufficiency of the complaint as shown by the complaint itself or upon affidavits on the part of the defendants, which may be opposed by the plaintiff also by affidavits. It may also be refused, or, if granted ex parte, may be dissolved, if it appears that the plaintiff is entitled to the injunction, but the issuance or continuance thereof, as the case may be, would cause great damage to the defendant, while the plaintiff can be fully compensated for such damages as he may suffer, and the defendant files a bond in an amount fixed by the judge conditioned that the defendant will pay all damages which the plaintiff may suffer by reason of the continuance during the action of the acts complained of. If it appears that the extent of the preliminary injunction granted is too great, it must be modified. On any of these grounds, the defendant may object to the injunction applied for, or may move that the same be dissolved or modified if already granted ex parte.

  • Section 7  Order.

    After hearing the court may grant or refuse, continue, modify or dissolve the injunction as justice may require.

  • Section 8  Service of Copies of Bonds; Effect of Disapproval of Same.

    The party filing a bond in accordance with the provisions of this rule shall forthwith serve a copy of such bond on the other party, who may except to the sufficiency of the bond, or of the surety or sureties thereon. If the plaintiff's bond is found to be insufficient in amount, or if the surety or sureties thereon fail to justify, and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith, the injunction shall be dissolved. If the defendant's bond is found to be insufficient in amount, or the surety or sureties approved after justification is not filed forthwith, the injunction shall be granted or restored, as the case may be.

  • Section 9  Judgment to Damages against Party and Sureties.

    Upon the trial the amount of damages to be awarded to the plaintiff, or to the defendant, as the case may be, upon the bond of the other party, shall be claimed, ascertained, and awarded under the same procedure as prescribed in section 20 of Rule 59.

  • Section 10  When Final Injunction Granted.

    If upon the trial of an action it appears that the plaintiff is entitled to have the act complained of permanently enjoined, the court shall grant a final injunction perpetually restraining the defendant from the commission or continuance of the act.

• Rule 61  Receivers
  • Section 1  When and by Whom Receiver Appointed.

    One or more receivers of the property, real or personal, which is the subject of the action, may be appointed by the Judge of the Court of First Instance in which the action is pending, or by a Justice of the Court of Appeals or of the Supreme Court, in the following cases:

    • a

      When a corporation has been dissolved, or is insolvent, or is in imminent danger of insolvency, or has forfeited its corporate rights;

    • b

      When it appears from the complaint or answer, and such other proof as the judge may require, that the party applying for the appointment of receiver has an interest in the property or fund which is the subject of the action, and that such property or fund is in danger of being lost, removed, or materially injured unless a receiver be appointed to guard and preserve it;

    • c

      When it appears in an action by the mortgagee for the foreclosure of a mortgage that the property is in danger of being wasted or materially injured, and that its value is probably insufficient to discharge the mortgage debt, or that the parties have so stipulated in the contract of mortgage;

    • d

      After judgment, to preserve the property during the pendency of an appeal, or to dispose of it according to the judgment, or to aid execution when the execution has been returned unsatisfied or the judgment debtor refuses to apply his property in satisfaction of the judgment, or otherwise to carry the judgment into effect;

    • e

      Whenever in other cases it appears that the appointment of a receiver is the most convenient and feasible means of preserving, administering, or disposing of the property in litigation.

  • Section 2  Creditor or Stockholder May Apply for Receiver for Corporation.

    When a corporation has been dissolved, or is insolvent, or is in imminent danger of insolvency, or has forfeited its corporate rights, a receiver may be appointed on the complaint of a creditor, stockholder, or member of the corporation.

  • Section 3  Bond on Appointment of Receiver Ex Parte.

    If a receiver be appointed upon an ex parte application, the court, before making the order, may require the person applying for such appointment to file a bond executed to the party against whom the application is presented in an amount to be fixed by the court, to the effect that the applicant will pay such party all damages he may sustain by reason of the appointment of such receiver in case the applicant shall have procured such appointment without sufficient cause; and the court may, in its discretion, at any time after the appointment, require an additional bond as further security for such damages.

  • Section 4  Denial of Application or Discharge of Receiver on Defendant's Bond.

    The application for the appointment of a receiver may be denied, or the receiver already appointed may be discharged, when the party opposing the appointment makes it appear by affidavits, that such appointment was procured without sufficient cause; the adverse party may oppose the affidavits thus presented by counter-affidavits. The application may also be denied, or the receiver discharged, when the party opposing the appointment files a bond executed to the applicant in an amount to be fixed by the court, to the effect that such party will pay the applicant all damages he may suffer by reason of the acts, omissions, or other matters specified in the application as ground for such appointment.

  • Section 5  Oath and Bond of Receiver.

    Before entering upon his duties, the receiver must be sworn to perform them faithfully, and must file a bond, executed to such person and in such sum as the court or judge may direct, to the effect that he will faithfully discharge the duties of receiver in the action and obey the orders of the court therein.

  • Section 6  Service of Copies of Bonds; Effect of Disapproval of Same.

    The person filing a bond in accordance with the provisions of this rule shall forthwith serve a copy of such bond on each interested party, who may except to the sufficiency of the bond, or of the surety or sureties thereon, as in other cases. If either the applicant's or the receiver's bond is found to be insufficient in amount, or if the surety or sureties thereon fail to justify, and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith, the application shall be denied, or the receiver discharged, as the case may be. If the bond of the party opposing the appointment of the receiver is found to be insufficient in amount, or the surety or sureties thereon fail to justify, and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith, the receiver shall be appointed or re-appointed, as the case may be.

  • Section 7  General Powers of Receiver.

    Subject to the control of the court in which the action is pending, a receiver shall have power to bring and defend, as such, actions in his own name; to take and keep possession of the property in controversy; to receive rents; to collect debts due to himself as receiver or to the fund, property, estate, person, or corporation of which he is receiver; to compound for and compromise the same; to make transfers; to pay outstanding debts; to divide the money and other property that shall remain among the persons legally entitled to receive the same; and generally to do such acts respecting the property as the court may authorize. But funds in the hands of a receiver may be invested at interest only by order of the court made upon the written consent of all the parties to the action.

  • Section 8  Termination of Receivership; Compensation of Receiver.

    Whenever the court, of its own motion or on that of either party, shall determine that the necessity for a receiver no longer exists, it shall, after due notice to all interested parties and hearing, settle the accounts of the receiver, direct the delivery of the funds and other property in his hands to the persons adjudged entitled to receive them, and order the discharge of the receiver from further duty as such. The court shall allow the receiver such reasonable compensation as the circumstances of the case warrant, to be taxed as costs against the defeated party, or apportioned, as justice requires.

  • Section 9  Judgment to Include Recovery against Sureties.

    The amount, if any, to be awarded to either party upon any bond filed by the other in accordance with the provisions of this rule, shall be claimed, ascertained, and granted under the same procedure as prescribed in section 20 of Rule 59.

• Rule 62  Delivery of Personal Property
  • Section 1  Application.

    Whenever the complaint in an action prays for the recovery of the possession of personal property, the plaintiff may, at the commencement of the action or at any time before answer, apply for an order for the delivery of such property to him, in the manner hereinafter provided.

  • Section 2  Affidavit and Bond.

    Upon applying for such order the plaintiff must show by his own affidavit or that of some other person who personally knows the facts:

    • a

      That the plaintiff is the owner of the property claimed, particularly describing it, or is entitled to the possession thereof;

    • b

      That the property is wrongfully detained by the defendant, alleging the cause of detention thereof according to his best knowledge, information, and belief;

    • c

      That it has not been taken for a tax assessment or fine pursuant to law, or seized under an execution, or an attachment against the property of the plaintiff, or, if so seized, that it is exempt from such seizure; and

    • d

      The actual value of the property.

    • The plaintiff must also give a bond, executed to the defendant in double the value of the property as stated in the affidavit aforementioned, for the return of the property to the defendant if the return thereof be adjudged, and for the payment to the defendant of such sum as he may recover from the plaintiff in the action.

  • Section 3  Order.

    Upon the filing of such affidavit and bond with the clerk or judge of the court in which the action is pending, the judge of such court shall issue an order describing the personal property alleged to be wrongfully detained, and requiring the sheriff or other proper officer of the court forthwith to take such property into his custody.

  • Section 4  Duty of the Officer.

    Upon receiving such order the officer must serve a copy thereof on the defendant together with a copy of the application, affidavit and bond, and must forthwith take the property, if it be in the possession of the defendant or his agent, and retain it in his custody. If the property or any part thereof be concealed in a building or inclosure, the officer must publicly demand its delivery, and if it be not delivered, he must cause the building or inclosure to be broken open and take the property into his possession. When the officer has taken property as herein provided, he must keep it in a secure place and shall be responsible for it and ultimately deliver it to the party entitled thereto upon receiving his fees and necessary expenses for taking and keeping the same.

  • Section 5  Return of Property.

    If the defendant objects to the sufficiency of the plaintiff's bond, or of the surety or sureties thereon, he cannot require the return of the property as in this section provided; but if he does not so object, he may, at any time before the delivery of the property to the plaintiff, require the return thereof, by filing with the clerk or judge of the court a bond executed to the plaintiff, in double the value of the property as stated in the plaintiff's affidavit, for the delivery of the property to the plaintiff, if such delivery be adjudged, and for the payment of such sum to him as may be recovered against the defendant, and by serving a copy of such bond on the plaintiff or his attorney.

  • Section 6  Disposition of Property by officer.

    If within five days after the taking of the property by the officer, the defendant does not object to the sufficiency of the bond, or of the surety or sureties thereon, or require the return of the property as provided in the last preceding section; or if the defendants so objects, and the plaintiff's first or new bond is approved; or if the defendant so requires, and his bond is objected to and found insufficient and he does not forthwith file an approved bond, the property shall be delivered to the plaintiff. If for any reason the property is not delivered to the plaintiff, the officer must return it to the defendant.

  • Section 7  Third-Party Claim.

    If the property taken be claimed by any other person than the defendant or his agent, and such person makes an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serves the same upon the officer while he has possession of the property, and a copy thereof upon the plaintiff, the officer is not bound to keep the property or deliver it to the plaintiff, unless the plaintiff or his agent, on demand of the officer, indemnifies him against such claim by a bond in a sum not greater than the value of the property, and in case of disagreement as to such value the same shall be decided by the court issuing the order. The officer is not liable for damages, for the taking or keeping of such property, to any other person than the defendant or his agent, unless such a claim is so made and the action upon the bond brought within one hundred and twenty days from the date of the filing of said bond. But nothing herein contained shall prevent such third person from vindicating his claim to the property by any proper action. However, when the plaintiff, or the person in whose behalf the order of delivery was issued, is the Republic of the Philippines, or any officer duly representing it, the filing of bond shall not be required, and in case the sheriff or the officer executing the order is sued for damages as a result of such execution, he shall be represented by the Solicitor-General, and if held liable therefor, the actual damages adjudged by the court shall be paid by the Insular Treasurer out of the funds to be appropriated for the purpose.

  • Section 8  Return of Papers.

    The officer must file the order, with his proceedings indorsed thereon, with the clerk of the court within twenty days after taking the property mentioned therein.

  • Section 9  Judgment.

    After a trial of the issues the court shall find in whom is the right of possession and the value of the property and shall render judgment in the alternative for the delivery thereof to the party entitled to the same, or for the value in case delivery cannot be made, and also for such damages as either party may prove, and for costs.

  • Section 10  Judgment to Include Recovery against Sureties.

    The amount, if any, to be awarded to either party upon any bond filed by the other in accordance with the provisions of this rule, shall be claimed, ascertained, and granted under the same procedure as prescribed in section 20 of Rule 59.

• Rule 63  Alimony "Pendente Lite"
  • Section 1  Application.

    The plaintiff, at the commencement of the proper action, or at any time afterwards but prior to final judgment, may file an application for alimony pendente lite, stating the grounds for the claim and the financial conditions of both parties, and shall be accompanied by affidavits, depositions or other authentic documents in support thereof.

  • Section 2  Notice.

    Notice of the application shall be served upon the adverse party who shall have three days to answer, unless a different period of time is fixed by the court.

  • Section 3  Answer.

    The answer shall be in writing and accompanied by affidavits, depositions or other authentic documents supporting the same.

  • Section 4  Hearing.

    After the answer is filed, or after the expiration of the time for its filing, a day will be set for hearing. The facts in issue shall be proved in the same manner as is provided in connection with motions.

  • Section 5  Order.

    The court shall determine provisionally the pertinent facts, and shall render such order as equity and justice may require, having due regard to the necessities of the applicant, the means of the adverse party, the probable outcome of the case, and such other circumstances as may aid in the proper elucidation of the question involved. If the application is granted, the court shall fix the amount of money to be provisionally paid, and the terms of payment. If the application is denied, the trial of the principal case on its merits shall be held as early as possible.

  • Section 6  Enforcement of Order.

    If defendant fails to comply with an order granting alimony pendente lite, he must be ordered to show cause why he should not be punished for contempt. Should the defendant appear to have means to pay alimony and refuses to pay, either an order of execution may be issued or a penalty for contempt may be imposed, or both.

• Rule 64  Contempt
  • Section 1  Direct Contempt Punished Summarily; Appeal from Inferior Court.

    A person guilty of misbehavior in the presence of or so near a court or judge as to interrupt the administration of justice, including disrespect toward the court or judge, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required so to do, may be summarily adjudged in contempt by such court or judge and punished by fine not exceeding two hundred pesos or imprisonment not exceeding ten days, or both, if it be a superior court, or a judge thereof, or by fine not exceeding ten pesos or imprisonment not exceeding one day, or both, if it be an inferior court.

  • Section 2  Appeal.

    The person adjudged in contempt by an inferior court may appeal from the judgment to the Court of First Instance of the province, and, as in ordinary criminal cases, execution of the judgment shall be suspended pending the appeal upon such person filing a bond conditioned that he will abide by and perform the judgment should the appeal be decided against him. Judgments of Superior Courts on direct contempt shall not be appealable.

  • Section 3  Contempt Punished after Charge and Hearing.

    After charge in writing has been filed, and an opportunity given to the accused to be heard by himself or counsel, a person guilty or any of the following acts may be punished for contempt:

    • a

      Misbehavior of an officer of a court in the performance of his official duties or in his official transactions;

    • b

      Disobedience of or resistance to a lawful writ, process, order, judgment, or command of a court, or injunction granted by a court or judge;

    • c

      Any abuse of or any unlawful interference with the process or proceedings of a court;

    • d

      Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice;

    • e

      Assuming to be an attorney or an officer of a court, and acting as such without authority;

    • f

      Failure to obey a subpoena duly served;

    • g

      The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or process of a court held by him;

    • h

      The act of a person who, after being dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, enters or attempts to enter into or upon such real property, for the purpose of executing acts of ownership or possession, or in any manner disturbs the possession given to the person adjudged to be entitled thereto.

    • But nothing in this section shall be so construed as to prevent the court from issuing process to bring the accused party into court, or from holding him in custody pending such proceedings.

  • Section 4  Charge; Where to Be Filed.

    Where the contempt, under the preceding section, has been committed against a superior court or judge, or against an officer appointed by it, the charge may be filed with such superior court. Where such contempt has been committed against an inferior court or judge, the charge may be filed with the Court of First Instance of the province or city in which the inferior court is sitting; but the proceedings may also be instituted in such inferior court subject to appeal to the Court of First Instance of such province or city in the same manner as is provided in section 2 of this rule. And where a contempt punishable by law has been committed against an administrative officer or any non-judicial person, committee, or other body, the charge may be filed with the Court of First Instance of the province or city in which the contempt has been committed.

  • Section 5  Hearing; Release on Bail.

    If the hearing is not ordered to be had forthwith, the accused may be released from custody upon filing a bond, in an amount fixed by the court, for his appearance to answer the charge. Upon the day set for the hearing, the court shall proceed to investigate the charge and consider such answer or testimony as the accused may make or offer.

  • Section 6  Punishment if Found Guilty.

    If the accused is thereupon adjudged guilty of contempt committed against a superior court or judge, he may be fined not exceeding one thousand pesos or imprisoned not more than six months, or both; if adjudged guilty of contempt committed against an inferior court or judge, he may be fined not exceeding one hundred pesos or imprisoned not more than one month, or both; and if the contempt consists in the violation of an injunction, he may also be ordered to make complete restitution to the party injured by such violation.

  • Section 7  Imprisonment until Order Obeyed.

    When the contempt consists in the omission to do an act which is yet in the power of the accused to perform, he may be imprisoned by order of a superior court until he performs it.

  • Section 8  Proceeding When Party Released on Bail Fails to Answer.

    When the accused released on bail fails to appear upon the day fixed for the hearing, the court may issue another order of arrest or may order the bond for his appearance to be prosecuted, or both; and, if the bond be prosecuted, the measure of damages shall be the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the contempt was prosecuted, and the costs of the proceedings, and such recovery shall be for the benefit of the party injured. But if there is no aggrieved party, the bond shall be liable as in criminal cases.

  • Section 9  Court May Release Accused.

    The court or judge who made the order imprisoning a person for contempt may discharge him from imprisonment when it appears that public interest will not suffer thereby.

  • Section 10  Review of Judgment or Order by Court of Appeals or Supreme Court; Bond for Stay.

    The judgment or order of a Court of First Instance made in a case of contempt punished after written charge and hearing may be reviewed by the Court of Appeals or the Supreme Court, but execution of the judgment or order shall not be suspended until a bond is filed by the person in contempt, in an amount fixed by the Court of First Instance, conditioned that if the appeal be decided against him he will abide by and perform the judgment or order. The appear may be taken as in criminal cases.

• Rule 65  General Rule
  • Section 1  Preceding Rules Applicable in Special Civil Actions.

    The provisions of the preceding rules shall apply in special actions for declaratory relief, certiorari, prohibition, mandamus, quo warranto, eminent domain, foreclosure of mortgage, partition of real estate, and forcible entry and detainer, which are not inconsistent with or may serve to supplement the provisions of the rules relating to such special civil actions.

• Rule 66  Declaratory Relief
  • Section 1  Construction.

    Any person interested under a deed, will, contract or other written instrument, or whose rights are affected by a statute or ordinance, may bring an action to determine any question of construction or validity arising under the instrument or statute and for a declaration of his rights or duties thereunder.

  • Section 2  Before Breach.

    A contract or statute may be construed before there has been a breach thereof.

  • Section 3  Parties.

    When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall, except as otherwise provided in these rules, prejudice the rights of persons not parties to the action.

  • Section 4  Notice on Solicitor-General.

    In any action which involves the validity of a statute the Solicitor-General shall, before judgment is entered, be notified by the party attacking the statute, and shall be entitled to be heard upon such question.

  • Section 5  Municipal Ordinance.

    In any action involving the validity of a municipal ordinance the provincial fiscal shall be similarly notified and entitled to be heard; and if the ordinance is alleged to be unconstitutional the Solicitor-General shall also be notified and entitled to be heard.

  • Section 6  Discretionary.

    The court may refuse to exercise the power to declare rights and to construe instruments in any case where a decision under it would not terminate the uncertainty or controversy which gave rise to the action, or in any case where the declaration, or construction is not necessary and proper at the time under all circumstances.

• Rule 67  Certiorari, Prohibition and Mandamus
  • Section 1  Petition for Certiorari.

    When any tribunal, board, or officer exercising judicial functions, has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board, or officer as the law requires, with costs.

  • Section 2  Petition for Prohibition.

    When the proceedings of any tribunal, corporation, board, or person, whether exercising functions judicial or ministerial, are without or in excess of its or his jurisdiction, or with grave abuse of discretion, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court alleging the facts with certainty and praying that judgment be rendered commanding the defendant to desist from further proceedings in the action or matter specified therein, with costs.

  • Section 3  Petition for Mandamus.

    When any tribunal, corporation, board, or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy, and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper court alleging the facts with certainty and praying that judgment be rendered commanding the defendant, immediately or at some other specified time, to do the act required to be done to protect the rights of the petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful acts of the defendant, with costs.

  • Section 4  Where Petition Filed.

    The petition may be filed in the Supreme Court, or, if it relates to the acts or omissions of an inferior court, or of a corporation, board, officer or person, in a Court of First Instance having jurisdiction thereof. It may also be filed in the Court of Appeals if it is in aid of its appellate jurisdiction.

  • Section 5  Defendants and Costs in Certain Cases.

    When the petition filed relates to the acts or omissions of a court or judge, the petitioner shall join, as parties defendant with such court or judge, the person or persons interested in sustaining the proceedings in the court; and it shall be the duty of such person or persons to appear and defend, both in his or their own behalf and in behalf of the court or judge affected by the proceedings, and costs awarded in such proceedings in favor of the petitioner shall be against the person or persons in interest only, and not against the court or judge.

  • Section 6  Order to Answer.

    If the petition is sufficient in form and substance to justify such process, the court in which it is filed, or a judge thereof, shall issue an order requiring the defendant or defendants to answer the petition within ten days from the receipt of a copy thereof. Such order shall be served on the defendants in such manner as the court may direct, together with a copy of the petition, and to that effect the petitioner shall file sufficient copies thereof.

  • Section 7  Expediting Proceedings. Preliminary Injunction.

    The court in which the petition is filed, or a judge thereof, may make orders expediting the proceedings, and may also grant a preliminary injunction for the preservation of the rights of the parties pending such proceedings.

  • Section 8  Proceedings after Answer is Filed.

    Once the answer is filed, or the time for its filing has expired, the court may order the proceedings complained of to be forthwith certified up for review and shall hear the case, and if after such hearing the court finds that the allegations of the petition are true, it shall render judgment for such of the relief prayed for as the petitioner is entitled to, with or without costs, as justice requires.

  • Section 9  Service and Enforcement of Order of Judgment.

    A certified copy of the judgment rendered in accordance with the last preceding section shall be served upon the tribunal, corporation, board, officer, or person concerned in such manner as the court may direct, and disobedience thereof punished as for contempt. An execution may issue as in other cases for any damages or costs awarded.

• Rule 68  Quo Warranto
  • Section 1  Actions by Government against Individuals.

    An action for the usurpation of office or franchise may be brought in the name of the Republic of the Philippines against:

    • a

      A person who usurps, intrudes into, or unlawfully holds or exercises a public office, or a franchise, or an office in a corporation created by authority of law;

    • b

      A public officer who does or suffers an act which, by the provisions of law, works a forfeiture of his office;

    • c

      An association of persons who act as a corporation within the Philippines without being legally incorporated or without lawful authority so to act.

  • Section 2  Like Actions against Corporations.

    A like action may be brought against a corporation:

    • a

      When it has offended against a provision of an Act for its creation or renewal;

    • b

      When it has forfeited its privileges and franchises by nonuser;

    • c

      When it has committed or omitted an act which amounts to a surrender of its corporate rights, privileges, or franchises;

    • d

      When it has misused a right, privilege, or franchise conferred upon it by law, or when it has exercised a right, privilege, or franchise in contravention of law.

  • Section 3  When Solicitor-General or Fiscal Must Commence action.

    The Solicitor-General or a fiscal, when directed by the President of the Philippines, or when upon complaint or otherwise he has good reason to believe that any case specified in the last two preceding sections can be established by proof, must commence such action.

  • Section 4  When Solicitor-General or Fiscal May Commence Action with Permission of Court.

    The Solicitor-General or fiscal may, with the permission of the court in which the action is to be commenced, bring such an action at the request and upon the relation of another person; but in such case the officer bringing it may first require an indemnity for the expenses and costs of the action to be given to him by the person at whose request and upon whose relation the same is brought.

  • Section 5  When Hearing Had on Application for Permission to Commence Action.

    Upon application for permission to commence such action in accordance with the last preceding section, the court may direct that notice be given to the defendant so that he may be heard in opposition thereto; and if permission is granted, entry thereof shall be made on the docket, or the fact shall be noted by the judge on the complaint, which shall then be filed.

  • Section 6  When an Individual May Commence Such an Action.

    A person claiming to be entitled to a public office usurped or unlawfully held or exercised by another may bring an action therefor in his own name.

  • Section 7  What Complaint for Usurpation to Set Forth, and Who May Be Made Parties.

    When the action is against a person for usurping an office or franchise, the complaint shall set forth the name of the person who claims to be entitled thereto, if any, with an averment of his right to the same and that the defendant is unlawfully in possession thereof. All persons who claim to be entitled to the office or franchise may be made parties, and their respective rights to such office or franchise determined, in the same action.

  • Section 8  Venue.

    An action under the last preceding seven sections can be brought only in the Supreme Court or in the Court of First Instance of the province in which the defendant, or one of the defendants, resides, or, when the defendant is a corporation, in the province in which it is situated or has a place of business; but when the Solicitor-General of the Philippines commences the action, it may be brought in a Court of First Instance in the City of Manila or in the Supreme Court.

  • Section 9  Time for Pleadings and Proceedings May Be Shortened. Action Given Precedence.

    The court may shorten the time provided by these rules for filing pleadings and for all other proceedings in the action, so as to secure the most expeditious determination of the matters involved therein consistent with the rights of the parties. Such action may be given precedence over any other civil business pending in the court.

  • Section 10  Judgment Where Usurpation Found.

    When the defendant is found guilty of usurping, intruding into, or unlawfully holding or exercising an office, right, privilege, or franchise judgment shall be rendered that such defendant be ousted and altogether excluded therefrom, and that the plaintiff or relator, as the case may be, recover his costs. Such further judgment may be rendered determining the respective rights in and to the office, right, privilege, or franchise of all the parties to the action as justice requires.

  • Section 11  Judgment Where Director of Corporation Was Illegally Elected. Order and Notice for New Election. Enforcement of Order.

    When the action is brought against a director of a corporation, and the court finds that at his election either illegal votes were received or legal votes were rejected, or both, sufficient to change the result, judgment may be rendered that the defendant be ousted, and of induction in favor of the person who was entitled to have been declared elected at such election; or, in such case, the court may, in its discretion, order a new election to be held at a time and place and by judges of election appointed by the court. Notice of such election and naming of the judges shall be given for the time and in the manner provided by law for notice of elections of directors of such corporations. The order shall become obligatory upon the corporation and its officers when a duly certified copy thereof is served upon its secretary personally, or is left at its principal place of business in the Philippines, and may be enforced by the court in any manner it deems necessary.

  • Section 12  Judgment against Corporation for Dissolution or Ouster.

    When it is found that a corporation has, by an act done or omitted, surrendered, or forfeited its corporate rights, privileges, and franchises, or has not used the same during the term of five years, judgment shall be entered that it be ousted and excluded therefrom and that it be dissolved. When it is found that the corporation has offended in a matter or manner which does not by law work as a surrender or forfeiture, judgment shall be rendered that it be ousted from the continuance of such offense and the exercise of any power usurped by it.

  • Section 13  Appointment of Receiver When Corporation Dissolved.

    The court rendering a judgment dissolving a corporation shall appoint a receiver of all its assets who shall proceed to administer the same in accordance with the provisions of Rule 61.

  • Section 14  Liability of Officer Neglecting to Deliver Property of Corporation to Receiver.

    An officer of such corporation who refuses or neglects, upon demand, to deliver over to the receiver all money, property, books, deeds, notes, bills, obligations, and papers of every description within his power or control, belonging to the corporation, or in anywise necessary for the settlement of its affairs, or the discharge of its debts and liabilities, may be punished for contempt as having disobeyed a lawful order of the court, and shall be liable to the receiver for the value of all money or other things so refused or neglected to be surrendered, together with all damages that may have been sustained by the stockholders and creditors of the corporation, or any of them, in consequence of such neglect or refusal.

  • Section 15  Rights of Persons Adjudged Entitled to Office. Delivery of Books and Papers. Damages.

    If judgment be rendered in favor of the person averred in the complaint to be entitled to the office he may, after taking the oath of office and executing any official bond required by law, take upon himself the execution of the office, and may immediately thereafter demand of the defendant all the books and papers in the defendant's custody or control appertaining to the office to which the judgment relates. If the defendant refuses or neglects to deliver any book or paper pursuant to such demand, he may be punished for contempt as having disobeyed a lawful order of the court. The person adjudged entitled to the office may also bring an action against such defendant to recover the damages sustained by such person by reason of the usurpation.

  • Section 16  Limitations.

    Nothing contained in this rule shall be construed to authorize an action against a corporation for forfeiture of charter unless the same be commenced within five years after the act complained of was done or committed; nor to authorize an action against an officer for his ouster from office unless the same be commenced within one year after the cause of such ouster, or the right of the plaintiff to hold office, arose; nor to authorize an action for damages in accordance with the provisions of the last preceding section unless the same be commenced within one year after the entry of the judgment establishing the plaintiff's right to the office in question.

  • Section 17  Judgment for Costs.

    In an action brought in accordance with the provisions of this rule, the court may render judgment for costs against either the plaintiff, the relator, the defendant, the directors or other officers of a defendant corporation, or the person or persons claiming to be a corporation, or may apportion the costs, as justice requires.

• Rule 69  Eminent Domain
  • Section 1  How Right of Eminent Domain Exercised.

    The right of eminent domain may be exercised in the manner hereinafter prescribed.

  • Section 2  The Complaint.

    The complaint shall state with certainty the right of condemnation, describe the property sought to be condemned, and join as defendants all persons owning or claiming to own, or occupying, any part thereof or interests therein, showing, so far as practicable, the interest of each defendant separately. If the title to any property sought to be condemned appears to be in the Republic of the Philippines, although occupied by private individuals, or if the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real owners, averment to that effect may be made in the complaint.

  • Section 3  Entry of Plaintiff upon Depositing Value with Insular or Provincial Treasurer.

    Upon the filing of the complaint or at any time thereafter the plaintiff shall have the right to enter upon the possession of the property involved if he deposits with the Insular or Provincial Treasurer its value, as provisionally and promptly ascertained and fixed by the court having jurisdiction of the proceedings, to be held by such treasurer subject to the orders and final disposition of the court. Such deposit shall be in money, unless in lieu thereof the court authorizes the deposit of a certificate of deposit of a depository of the Republic of the Philippines payable on demand to the Insular or Provincial Treasurer, as the case may be, in the amount directed by the court to be deposited. After such deposit is made the court shall order the sheriff or other proper officer to forthwith place the plaintiff in possession of the property involved.

  • Section 4  Defenses and Objections.

    Within the time specified in the summons, each defendant, in lieu of an answer, shall present in a single motion to dismiss or for other appropriate relief, all of his objections and defenses to the right of the plaintiff to take his property for the use specified in the complaint. All such objections and defenses not so presented are waived. A copy of the motion shall be served on the plaintiff's attorney of record and filed with the court with the proof of service.

  • Section 5  Order of Condemnation.

    When such a motion is overruled or when any party fails to defend as required by this rule, the court may enter an order of condemnation declaring that the plaintiff has a lawful right to take the property sought to be condemned, for the public use described in the complaint, upon the payment of just compensation to be determined as of the date of the filing of the complaint. After the entry of such an order no objection to the exercise of the right of condemnation shall be filed or heard and the plaintiff shall not be permitted to dismiss or discontinue the proceeding except on such terms as the court fixes.

  • Section 6  Ascertainment of Compensation.

    Upon the entry of the order of condemnation, the court shall appoint not more than three competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for the property sought to be taken. The order of appointment shall designate the time and place of the first session of the hearing to be held by the commissioners and specify the time within which their report is to be filed with the court.

  • Section 7  Proceedings by Commissioners.

    Before entering upon the performance of their duties, the commissioners shall take and subscribe an oath that they will faithfully perform their duties as commissioners, which oath shall be filed in court with the other proceedings in the case. Evidence may be introduced by either party before the commissioners who are authorized to administer oaths on hearings before them, and the commissioners shall, unless the parties consent to the contrary, after due notice to the parties to attend, view and examine the property sought to be condemned and its surroundings, and may measure the same, after which either party may, by himself or counsel, argue the cause. The commissioners shall assess the consequential damages to the property not taken and deduct from such consequential damages the consequential benefits to be derived by the owner from the public use of the property taken, the operation of its franchise by the corporation, or the carrying on of the business of the corporation or person taking the property. But in no case shall the consequential benefits assessed exceed the consequential damages assessed, or the owner be deprived of the actual value of his property so taken.

  • Section 8  Report by Commissioners and Judgment Thereupon.

    The court may order the commissioners to report when any particular portion of the real estate shall have been passed upon by them, and may render judgment upon such partial report, and direct the commissioners to proceed with their works as to subsequent portions of the property sought to be condemned, and may from time to time so deal with such property. The commissioners shall make full and accurate report to the court of all their proceedings, and such proceedings shall not be effectual to bind the property or the parties until the court shall have accepted their report and rendered judgment in accordance with their recommendations. Except as otherwise expressly ordered by the court, such report shall be filed within sixty days from the date the commissioners were notified of their appointment, which time may be extended in the discretion of the court. Upon the filing of such report, the clerk of the court shall serve copies thereof on all interested parties, with notice that they are allowed ten days within which to file objections to the findings of the report, if they so desire.

  • Section 9  Action upon Commissioners' Report.

    Upon the expiration of the period of ten days referred to in the preceding section, or even before the expiration of such period but after all the interested parties have filed their objections to the report of their statement of agreement therewith, the court may, upon hearing, accept the report and render judgment in accordance therewith; or, for cause shown, it may recommit the same to the commissioners for further report of facts; or it may set aside the report and appoint new commissioners, or it may accept the report in part and reject it in part; and it may make such order or render such judgment as shall secure to the plaintiff the property essential to the exercise of his right of condemnation, and to the defendant just compensation for the property so taken.

  • Section 10  Uncertain Ownership. Conflicting Claims.

    If the ownership of the property taken is uncertain, or there are conflicting claims to any part thereof, the court may order any sum or sums awarded as compensation for the property to be paid to the clerk of the court for the benefit of the persons adjudged in the same proceeding to be entitled thereto. But the judgment shall require the payment of the sum or sums awarded to either the defendant or the clerk before the plaintiff can enter upon the property, or retain it for the public use if entry has already been made.

  • Section 11  Rights of Plaintiff after Judgment and Payment.

    Upon payment by the plaintiff to the defendant of compensation as fixed by the judgment, or after tender to him of the amount so fixed and payment of the costs, the plaintiff shall have the right to enter upon the property condemned and to appropriate it to the public use defined in the judgment, or to retain it for the same purpose had he taken immediate possession thereof under the provisions of section 3 hereof. If the defendant and his attorney absent themselves from the court, or decline to receive the amount tendered, or if the court shall have ordered the compensation paid to the clerk, the payment may be made with like effect to the clerk of the court for the defendant or the person ultimately adjudged entitled thereto, and the clerk shall receive such payment and be responsible on his bond therefor.

  • Section 12  Entry Not Delayed by Appeal. Effect of Reversal.

    The right of the plaintiff to enter upon the property of the defendant and appropriate the same to public use shall not be delayed by an appeal from the judgment. But if the appellate court determines that plaintiff has no right of condemnation, the case shall be remanded to the Court of First Instance with mandate that the defendant be replaced in possession of the property and that he recover the damages sustained by reason of the possession taken by the plaintiff.

  • Section 13  Costs, by Whom Paid.

    The fees of the commissioners shall be taxed as a part of the costs of the proceedings. All costs, except those of rival claimants litigating their claims, shall be paid by the plaintiff, unless an appeal is taken by the owner and the judgment is affirmed, in which event the costs of the appeal shall be paid by the owner.

  • Section 14  Recording Judgment, and Its Effect.

    The judgment entered in condemnation proceedings shall state definitely, by an adequate description, the particular property or interest therein condemned, and the nature of the public use. A certified copy of such judgment, when real estate is condemned, shall be recorded in the office of the registrar of deeds for the province in which the property is situated, and its effect shall be to vest in the plaintiff for such public use the real estate so described.

  • Section 15  Power of Guardian in Such Proceedings.

    The guardian or guardian ad litem of a minor or person of unsound mind may, with the approval of the court first had, do and perform on behalf of his ward any act, matter, or thing respecting the condemnation for public use of property belonging to such minor or person of unsound mind, which such minor or person of unsound mind could do in such proceedings if he were of age or of sound mind.

• Rule 70  Foreclosure of Mortgage
  • Section 1  Complaint in Action for Foreclosure.

    In an action for the foreclosure of a mortgage or other incumbrance upon real estate, the complaint shall set forth the date and due execution of the mortgage, its assignments, if any, the names and residences of the mortgagor and mortgagee, a description of the mortgaged premises, a statement of the date of the note or other obligation secured by the mortgage, the amount claimed to be unpaid thereon, and the names and residences of all persons having or claiming an interest in the premises subordinate in right to that of the holder of the mortgage, all of whom shall be made defendants in the action.

  • Section 2  Judgment on Foreclosure for Payment or Sale.

    If upon the trial in such action the court shall find the facts set forth in the complaint to be true, it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation, including interest and costs, and shall render judgment for the sum so found due and order that the same be paid into court within a period not less than ninety days from the date of the service of such order, and that in default of such payment the property be sold to realize the mortgage debt and costs.

  • Section 3  Sale of Mortgaged Property; Effect.

    When the defendant, after being directed to do so as provided in the last preceding section, fails to pay the principal, interest, and costs at the time directed in the order, the court shall order the property to be sold in the manner and under the regulations that govern sales of real estate under execution. Such sale shall not affect the rights of persons holding prior incumbrances upon the property or a part thereof, and when confirmed by an order of the court, it shall operate to divest the rights of all the parties to the action and to vest their rights in the purchaser, subject to such rights of redemption as may be allowed by law.

  • Section 4  Disposition of Proceeds of Sale.

    The money arising from the sale of mortgaged property under the regulations hereinbefore prescribed shall, after deducting the costs of the sale, be paid to the person foreclosing the mortgage, and when there shall be any surplus, after paying off such mortgage or other incumbrance, the same shall be paid to junior incumbrances in the order of their priority, to be ascertained by the court, or if there be no such incumbrances or there be a surplus after payment of such incumbrances, then to the mortgagor or his agent, or to the person entitled to it.

  • Section 5  How Sale to Proceed in Case the Debt Is Not All Due.

    If the debt for which the mortgage or incumbrance was held is not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterwards, as often as more becomes due for principal or interest, the court may, on motion, order more to be sold. But if the property cannot be sold in portions without injury to the parties, the whole shall be ordered to be sold in the first instance, and the entire debt and costs paid, there being a rebate of interest where such rebate is proper.

  • Section 6  Judgment for Balance after Sale of Property.

    Upon the sale of any real property, under an order for a sale to satisfy a mortgage or other incumbrance thereon, if there be a balance due to the plaintiff after applying the proceeds of the sale, the court, upon motion, shall render judgment against the defendant for any such balance for which, by the record of the case, he may be personally liable to the plaintiff, upon which execution may issue immediately if the balance is all due at the time of the rendition of the judgment; otherwise the plaintiff shall be entitled to execution at such time as the balance remaining would have become due by the terms of the original contract, which time shall be stated in the judgment.

  • Section 7  Final Record.

    The final record in the action shall set forth, in brief, the petition and other pleadings, judgment and orders, the proceedings under the order of sale, the order confirming the sale, the name of the purchaser, with a description of the property by him purchased, and the certificate of redemption, if any, or the final deed of conveyance executed in favor of the purchaser.

• Rule 71  Partition of Real Estate
  • Section 1  Complaint in Action for Partition of Real Estate.

    A person having the right to compel the partition of real estate may do so as in this rule prescribed, setting forth in his complaint the nature and extent of his title and an adequate description of the real estate of which partition is demanded, and joining as defendants all the other persons interested in the property.

  • Section 2  Order for Partition, and Partition by Agreement Thereunder.

    If upon trial the court finds that the plaintiff has the right thereto, it shall order the partition of the real estate among all the parties in interest. Thereupon the parties may, if they are able to agree, make partition among themselves by proper instruments of conveyance, and the court shall confirm the partition so agreed upon by all the parties, and such partition, together with the order of the court confirming the same, shall be recorded in the office of the registrar of deeds for the province in which the property is situated.

  • Section 3  Commissioners to Make Partition When Parties Fail to Agree.

    If the parties are unable to agree upon the partition, the court shall by order appoint not more than three competent and disinterested persons as commissioners to make the partition, commanding them to set off to the plaintiff and to each party in interest such part and proportion of the property as the court in such order shall direct.

  • Section 4  Oath and Duties of the Commissioners.

    Before making such partition, the commissioners shall take and subscribe an oath that they will faithfully perform their duties as commissioners, which oath shall be filed in court with the other proceedings in the case. In making the partition, the commissioners shall view and examine the real estate, after due notice to the parties to attend at such view and examination, and shall hear the parties as to their preference in the portion of the property to be set apart to them and the comparative value thereof, and shall set apart the same to the several parties in such lots or parcels as will be most advantageous and equitable, having due regard to the improvements, situation and quality of the different parts thereof.

  • Section 5  Assignment or Sale of Real Estate by Commissioners.

    When it is made to appear to the commissioners that the real estate, or a portion thereof, cannot be divided without great prejudice to the interests of the parties, the court may order it assigned to one of the parties willing to take the same, provided he pays to the other parties such sum or sums of money as the commissioners deem equitable, unless one of the parties interested asks that the property be sold instead of being so assigned, in which case the court shall order the commissioners to sell the real estate at public sale, and the commissioners shall sell the same accordingly.

  • Section 6  Report of the Commissioners. Proceedings Not Binding until Confirmed.

    The commissioners shall make full and accurate report to the court of all their proceedings as to the partition, or the assignment of the real estate to one of the parties, or the sale of the same. Upon the filing of such report, the clerk of court shall serve copies thereof on all the interested parties with notice that they are allowed ten days within which to file objections to the findings of the report, if they so desire. None of the proceedings had before the commissioners shall be effectual to pass the title to the property or bind the parties until the court shall have accepted the report of the commissioners and rendered judgment in accordance with its recommendations.

  • Section 7  Action of the Court upon Commissioners' Report.

    Upon the expiration of the period of ten days referred to in the preceding section, or even before the expiration of such period but after the interested parties have filed their objections to the report or their statement of agreement therewith, the court may, upon hearing, accept the report and render judgment in accordance therewith; or, for cause shown, recommit the same to the commissioners for further report of facts; or set aside the report and appoint new commissioners; or accept the report in part and reject it in part; and may make such order and render such judgment as shall effectuate a fair and just partition of the real estate, or of its value, if assigned or sold as above provided, between the several owners thereof.

  • Section 8  Accounting for Rent and Profits in Action for Partition.

    In an action for partition in accordance with the provisions of this rule, one party may recover from another his just share of rents and profits received by such other party from the real estate in question, and the judgment shall include an allowance for such rents and profits.

  • Section 9  Power of Guardian in Such Proceedings.

    The guardian or guardian ad litem of a minor or person of unsound mind may, with the approval of the court first had, do and perform on behalf of his ward any act, matter, or thing respecting the partition of real estate, which the minor or person of unsound mind could do in partition proceedings if he were of age or of sound mind.

  • Section 10  Costs and Expenses to Be Taxed and Collected.

    The court shall equitably tax and apportion between the parties the costs and expenses which accrue in the action, including the compensation of the commissioners to make partition, having regard to the interests of the parties and execution may issue therefor as in other cases.

  • Section 11  The Judgment and Its Effect. Copy to Be Recorded with Registrar of Deeds.

    If actual partition of the property is made, the judgment shall state definitely, by metes and bounds and adequate description, the particular portion of the real estate assigned to each party, and the effect of the judgment shall be to vest in each party to the action in severalty the portion of the real estate assigned to him. If the whole property is assigned to one of the parties upon his paying to the others the sum or sums ordered by the court, the judgment shall state the fact of such payment and of the assignment of the real estate to the party making such payment, and the effect of the judgment shall be to vest in the party making the payment the whole of the real estate free from any interest on the part of the other parties to the action. If the property is sold and the sale confirmed by the court, the judgment shall state the name of the purchaser or purchasers and a definite description of the parcels of real estate sold to each purchaser, and the effect of the judgment shall be to vest the real estate in the purchaser or purchasers making the payment or payments, free from the claims of any of the parties to the action. A certified copy of the judgment shall in either case be recorded in the office of the registrar of deeds of the province in which the real estate is situated, and the expense of such recording shall be taxed as a part of the costs of the action.

  • Section 12  Neither Paramount Rights nor Amicable Partition Affected by This Rule.

    Nothing in this rule contained shall be construed so as to prejudice, defeat, or destroy the right or title of any person claiming the real estate involved in an action for partition by title under any other person, or by title paramount to the title of the parties among whom the partition may have been made; nor so as to restrict or prevent persons holding real estate jointly or in common from making an amicable partition thereof by agreement and suitable instruments of conveyance without recourse to an action.

• Rule 72  Forcible Entry and Detainer
  • Section 1  Who May Institute Proceedings, and When.

    Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a landlord, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied, or the legal representatives or assigns of any such landlord, vendor, vendee, or other person, may, at any time within one year after such unlawful deprivation or withholding of possession, bring an action in the proper inferior court against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs. The complaint must be verified.

  • Section 2  Landlord to Proceed against Tenant Only after Demand.

    No landlord, or his legal representative or assign, shall bring such action against a tenant for failure to pay rent due or to comply with the conditions of his lease, unless the tenant shall have failed to pay such rent or comply with such conditions for a period of fifteen days, or five days in the case of building, after demand therefor, made upon him personally, or by serving written notice of such demand upon the person found on the premises, or by posting such notice on the premises if no persons be found thereon.

  • Section 3  Preliminary Injunction.

    The court may grant preliminary injunction, in accordance with the provisions of Rule 60 hereof, to prevent the defendant from committing further acts of dispossession against the plaintiff.

  • Section 4  Evidence of Title, When Admissible.

    Evidence of title to the land or building may be received solely for the purpose of determining the character and extent of possession and damages for detention.

  • Section 5  When Bond Required on Continuance.

    No continuance shall be granted for a longer period than five days on the application of the defendant unless he gives a bond to the adverse party conditioned for the payment, should judgment be rendered against the defendant, of the rent and damages that may accrue.

  • Section 6  Judgment.

    If upon trial the court finds that the complaint is not true, it shall render judgment for the defendant to recover his costs. If it finds the complaint to be true, it shall render judgment in favor of the plaintiff for the restitution of the premises, for the sum justly due as arrears of rent or as reasonable compensation for the use and occupation of the premises, and for costs. If a counterclaim is established, the court shall render judgment for the sum found in arrears from either party, and award costs as justice requires.

  • Section 7  Judgment Conclusive Only on Possession, Not Conclusive in Certain Actions.

    The judgment rendered in an action for forcible entry or detainer shall be effective with respect to the possession only and in no wise bind the title or affect the ownership of the land or building. Such judgment shall not bar an action between the same parties respecting title to the land or building, nor shall be held conclusive of the facts therein found in a case between the same parties upon a different cause of action.

  • Section 8  Immediate Execution of Judgment. How to Stay Same.

    If judgment is rendered against the defendant, execution shall issue immediately, unless an appeal has been perfected and the defendant to stay execution files a sufficient bond approved by the justice of the peace or municipal court and executed to the plaintiff to enter the action in the Court of First Instance, and to pay the rents, damages, and costs down to the time of the final judgment in the action, and unless, during the pendency of the appeal, he pays to the plaintiff or to the Court of First Instance the amount of rent due from time to time under the contract, if any, as found by the judgment of the justice of the peace or municipal court to exist, or, in the absence of a contract, he pays to the plaintiff or into the court, on or before the tenth day of each calendar month, the reasonable value of the use and occupation of the premises for the preceding month at the rate determined by the judgment. All moneys so paid to the Court of First Instance shall be deposited in the provincial treasury, or in the City of Manila in the Insular Treasury, and shall be held there until the final disposition of the appeal. Should the defendant fail to make the payments above prescribed from time to time during the pendency of the appeal, the Court of First Instance, upon motion of the plaintiff, of which the defendant shall have notice, and upon proof of such failure, shall order the execution of the judgment appealed from, but such execution shall not be a bar to the appeal taking its course until the final disposition thereof on its merits. If the case is tried on its merits in the Court of First Instance, any money paid into court by the defendant for the purposes of stay of execution shall be disposed of in accordance with the provisions of the judgment of the Court of First Instance, and in any case wherein it appears that the defendant has been deprived of the lawful possession of land or building pending the appeal by virtue of the execution of the judgment of the justice of the peace or municipal court, damages for such deprivation of possession may be allowed the defendant in the judgment of the Court of First Instance disposing of the appeal. The bond above referred to shall be transmitted by the justice of the peace or municipal court, with the other papers, to the clerk of the Court of First Instance to which the action is appealed.

  • Section 9  Stay of Execution on Appeal to Court of Appeals or Supreme Court.

    Where defendant appeals from judgment of the Court of First Instance, execution of said judgment shall not be stayed unless the appellant pays either to the plaintiff or into the appellate court the same amounts referred to in the preceding section to be disposed of in the same manner as therein provided.

• Rule 73  Subject-matter and Applicability of General Rules
  • Section 1  Subject-Matter of Special Proceedings.

    Rules of special proceedings are provided for the following cases:

    • a

      Settlement of estate of deceased persons;

    • b

      Escheat;

    • c

      Guardianship and custody of children;

    • d

      Trustees;

    • e

      Adoption;

    • f

      Hospitalization of insanes;

    • g

      Habeas corpus;

    • h

      Change of name;

    • i

      Voluntary dissolution of corporations.

  • Section 2  Applicability of Rules of Civil Actions.

    In the absence of special provisions, the rules provided for in ordinary actions shall be, as far as practicable, applicable in special proceedings.

• Rule 74  Summary Settlement of Estate
  • Section 1  Extrajudicial Settlement by Agreement between Heirs.

    If the decedent left no debts and the heirs and legatees are all of age, or the minors are represented by their judicial guardians, the parties may, without securing letters of administration, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition. If there is only one heir or one legatee, he may adjudicate to himself the entire estate by means of an affidavit filed in the office of the register of deeds. It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two years after the death of the decedent.

  • Section 2  Summary Settlement of Estates of Small Value.

    Whenever the gross value of the estate of a deceased person, whether he died testate or intestate, does not exceed six thousand pesos, and that fact is made to appear to the Court of First Instance having jurisdiction of the estate by the petition of an interested person and upon hearing after notice given in the ordinary form and published once a week for three consecutive weeks in a newspaper of general circulation in the province, or in the Official Gazette, as the court shall deem best, and after such other notice to interested persons as the court may direct, the court may proceed summarily, without the appointment of an executor or administrator, and without delay, to grant, if proper, allowance of the will, if any there be, to determine who are the persons legally entitled to participate in the estate, and to apportion and divide it among them after the payment of such debts of the estate as the court shall then find to be due; and such persons, in their own right, if they are of lawful age and legal capacity, or by their guardians or trustees legally appointed and qualified, if otherwise, shall thereupon be entitled to receive and enter into the possession of the portions of the estate so awarded to them respectively. The court shall make such orders as may be just respecting the costs of the proceeding, and all orders and judgments made or rendered in the course thereof shall be recorded in the office of the clerk, and the order of partition or award, if it involves real estate, shall be recorded in the proper register's office.

  • Section 3  Bond to Be Filed by Distributees.

    The court, before allowing a partition in accordance with the provisions of the preceding section, may require the distributees, if property other than real is to be distributed, to file a bond in an amount to be fixed by court, conditioned for the payment of any just claim which may be filed under the next succeeding section.

  • Section 4  Liability of Distributees and Estate.

    If it shall appear at any time within two years after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule, that an heir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation. And if within the same time of two years, it shall appear that there are debts outstanding against the estate which have not been paid, or that an heir or other person has been unduly deprived of his lawful participation payable in money, the court having jurisdiction of the estate may, by order for that purpose, after hearing, settle the amount of such debts or lawful participation and order how much and in what manner each distributee shall contribute in the payment thereof, and may issue execution, if circumstances require, against the bond provided in the preceding section or against the real estate belonging to the deceased, or both. Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two years after such distribution, notwithstanding any transfers of the real estate that may have been made.

  • Section 5  Period for Claim of Minor or Incapacitated Person.

    If on the date of the expiration of the period of two years prescribed in the preceding section the person authorized to file a claim is a minor or mentally incapacitated, or is in prison or outside the Philippines, he may present his claim within one year after such disability is removed.

• Rule 75  Venue and Process
  • Section 1  Where Estate of Deceased Persons Settled.

    If the decedent is an inhabitant of the Philippines at the time of his death, whether a citizen or an alien, his will shall be proved, or letters of administration granted, and his estate settled, in the Court of First Instance in the province in which he resides at the time of his death, and if he is an inhabitant of a foreign country, the Court of First Instance of any province in which he had estate. The court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts. The jurisdiction assumed by a court, so far as it depends on the place of residence of the decedent, or of the location of his estate, shall not be contested in a suit or proceeding, except in an appeal from that court, in the original case, or when the want of jurisdiction appears on the record.

  • Section 2  Where Estate Settled upon Dissolution of Marriage.

    When the marriage is dissolved by the death of the husband or wife, the community property shall be inventoried, administered, and liquidated, and the debts thereof paid, in the testate or intestate proceedings of the deceased spouse. If both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceedings of either.

  • Section 3  Process.

    In the exercise of probate jurisdiction, Courts of First Instance may issue warrants and process necessary to compel the attendance of witnesses or to carry into effect their orders and judgments, and all other powers granted them by law. If a person does not perform an order or judgment rendered by a court in the exercise of its probate jurisdiction, it may issue a warrant for the apprehension and imprisonment of such person until he performs such order or judgment, or is released.

  • Section 4  Presumption of Death.

    For purposes of settlement of his estate, a person absent and unheard from for seven years shall be deemed to be dead; but if such person proves to be alive, he shall be entitled to the balance of his estate after payment of all his debts. The balance may be recovered by motion in the same proceeding. (See Art. 390, N.C.C.)

• Rule 76  Production of Will. Allowance of Will Necessary
  • Section 1  Allowance Necessary. Conclusive as to Execution.

    No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution.

  • Section 2  Custodian of Will to Deliver.

    The person who has the custody of a will shall, within twenty days after he knows of the death of the testator, deliver the will to the court having jurisdiction, or to the executor named in the will.

  • Section 3  Executor to Present Will and Accept or Refuse Trust.

    A person named as executor in a will shall, within twenty days after he knows of the death of the testator, or within twenty days after he knows that he is named executor if he obtained such knowledge after the death of the testator, present such will to the court having jurisdiction, unless the will has been otherwise returned to said court, and shall, within such period, signify to the court in writing his acceptance of the trust or his refusal to accept it.

  • Section 4  Custodian and Executor Subject to Fine for Neglect.

    A person who neglects any of the duties required in the two last preceding sections without excuse satisfactory to the court shall be fined not exceeding two thousand pesos.

  • Section 5  Person Retaining Will May Be Committed.

    A person having custody of a will after the death of the testator who neglects without reasonable cause to deliver the same, when ordered so to do, to the court having jurisdiction, may be committed to prison and there kept until he delivers the will.

• Rule 77  Allowance or Disallowance of Will
  • Section 1  Who May Petition for the Allowance of Will.

    Any executor, devisee, or legatee named in a will, or any other person interested in the estate, may, at any time after the death of the testator, petition the court having jurisdiction to have the will allowed, whether the same be in his possession or not, or is lost or destroyed.

  • Section 2  Contents of Petition.

    A petition for the allowance of a will must show, so far as known to the petitioner:

    • a

      The jurisdictional facts;

    • b

      Whether the person named as executor consents to act, or renounces his right to letters testamentary;

    • c

      The names, ages, and residences of the heirs, legatees, and devisees of the decedent;

    • d

      The probable value and character of the property of the estate;

    • e

      The name of the person for whom letters are prayed;

    • f

      If the will has not been delivered to the court, the name of the person having custody of it.

    • But no defect in the petition shall render void the allowance of the will, or the issue of letters testamentary or of administration with the will annexed.

  • Section 3  Court to Appoint Time for Proving Will. Notice Thereof to Be Published.

    When a will is delivered to, or a petition for the allowance of a will is filed in, the court having jurisdiction, such court shall fix a time and place for proving the will when all concerned may appear to contest the allowance thereof, and shall cause notice of such time and place to be published three weeks successively, previous to the time appointed, in a newspaper of general circulation in the province, or in the Official Gazette, as the court shall deem best.

  • Section 4  Heirs, devisees, legatees, and executors to be notified by mail or personally.

    The court shall also cause copies of the notice of the time and place fixed for proving the will to be addressed to the known heirs, legatees, and devisees of the testator resident in the Philippines at their places of residence, and deposited in the post office with the postage thereon prepaid at least twenty days before the hearing, if such places of residence be known. A copy of the notice must in like manner be mailed to the person named as executor, if he be not the petitioner; also, to any person named as coexecutor not petitioning, if their places of residence be known. Personal service of copies of the notice at least ten days before the day of hearing shall be equivalent to mailing.

  • Section 5  Proof at Hearing. What Sufficient in Absence of Contest.

    At the hearing compliance with the provisions of the last two preceding sections must be shown before the introduction of testimony in support of the will. All such testimony shall be taken under oath and reduced to writing. If no person appears to contest the allowance of the will, the court may grant allowance thereof on the testimony of one of the subscribing witnesses only, if such witness testify that the will was executed as is required by law.

  • Section 6  Proof of Lost or Destroyed Will. Certificate Thereupon.

    No will shall be proved as a lost or destroyed will unless the execution and validity of the same be established, and the will is proved to have been in existence at the time of the death of the testator, or is shown to have been fraudulently or accidentally destroyed in the lifetime of the testator without his knowledge, nor unless its provisions are clearly and distinctly proved by at least two credible witnesses. When a lost will is proved, the provisions thereof must be distinctly stated and certified by the judge, under the seal of the court, and the certificate must be filed and recorded as other wills are filed and recorded.

  • Section 7  Proof When Witnesses Do Not Reside in Province.

    If it appears at the time fixed for the hearing that none of the subscribing witnesses reside in the province, but that the deposition of one or more of them can be taken elsewhere, the court may, on motion, direct it to be taken, and may authorize a photographic copy of the will to be made and to be presented to the witness on his examination, who may be asked the same questions with respect to it, and to the handwriting of the testator and others, as would be pertinent and competent if the original will were present.

  • Section 8  Proof When Witnesses Dead or Insane or Do Not Reside in the Philippines.

    If it appears at the time fixed for the hearing that the subscribing witnesses are dead or insane, or that none of them reside in the Philippines, the court may admit the testimony of other witnesses to prove the sanity of the testator, and the due execution of the will; and as evidence of the execution of the will, it may admit proof of the handwriting of the testator and of the subscribing witnesses, or any of them.

  • Section 9  Grounds for Disallowing Will.

    The will shall be disallowed in either of the following cases:

    • a

      If not executed and attested as required by law;

    • b

      If the testator was insane, or otherwise mentally incapable to make a will, at the time of its execution;

    • c

      If it was executed under duress, or the influence of fear, or threats;

    • d

      If it was procured by undue and improper pressure and influence, on the part of the beneficiary, or of some other person for his benefit;

    • e

      If the signature of the testator was procured by fraud or trick, and he did not intend that the instrument should be his will at the time of fixing his signature thereto. (See Art. 839, N.C.C.)

  • Section 10  Contestant to File Grounds of Contest.

    Anyone appearing to contest the will must file a writing stating his grounds for opposing its allowance, and serve a copy thereof on the petitioner and other residents of the province interested in the estate.

  • Section 11  Subscribing Witnesses Produced or Accounted for Where Contest.

    If the will is contested, all the subscribing witnesses present in the Philippines and not insane, must be produced and examined, and the death, absence, or insanity of any of them must be satisfactorily shown to the court. If all or some of the subscribing witnesses are present in the Philippines but outside the province where the will has been filed, their deposition must be taken. If all or some of the subscribing witnesses produced and examined testify against the due execution of the will, or do not remember having attested to it, or are otherwise of doubtful credibility, the will may be allowed if the court is satisfied from the testimony of other witnesses and from all the evidence presented that the will was executed and attested in the manner required by law.

  • Section 12  Certificate of Allowance Attached to Proved Will. To Be Recorded in the Office of Register of Deeds.

    If the court is satisfied, upon proof taken and filed, that the will was duly executed, and that the testator at the time of its execution was of sound and disposing mind, and not acting under duress, menace, and undue influence, or fraud, a certificate of its allowance, signed by the judge, and attested by the seal of the court, shall be attached to the will and the will and certificate filed and recorded by the clerk. Attested copies of the will devising real estate and of certificate of allowance thereof, shall be recorded in the registrar of deeds of the province in which the lands lie.

• Rule 78  Allowance of Will Proved Outside of Philippines and Administration of Estate Thereunder
  • Section 1  Will Proved Outside Philippines May Be Allowed Here.

    Wills proved and allowed in a foreign country, according to the laws of such country, may be allowed, filed, and recorded by the proper Court of First Instance in the Philippines.

  • Section 2  Notice of Hearing for Allowance.

    When a copy of such will and the allowance thereof, duly authenticated, is filed with a petition for allowance in the Philippines, by the executor or other person interested, in the court having jurisdiction, such court shall fix a time and place for the hearing, and cause notice thereof to be given as in case of an original will presented for allowance.

  • Section 3  When Will Allowed, and Effect Thereof.

    If it appears at the hearing that the will should be allowed in the Philippines, the court shall so allow it, and a certificate of its allowance, signed by the judge, and attested by the seal of the court, to which shall be attached a copy of the will, shall be filed and recorded by the clerk, and the will shall have the same effect as if originally proved and allowed in such court.

  • Section 4  Estate, How Administered.

    When a will is thus allowed, the court shall grant letters testamentary, or letters of administration with the will annexed, and such letters testamentary or of administration, shall extend to all the estate of the testator in the Philippines. Such estate, after the payment of just debts and expenses of administration shall be disposed of according to such will, so far as such will may operate upon it; and the residue, if any, shall be disposed of as is provided by law in cases of estates in the Philippines belonging to persons who are inhabitants of another state or country.

• Rule 79  Letters Testamentary and of Administration, When and to Whom Issued
  • Section 1  Who Are Incompetent to Serve as Executors or Administrators.

    No person is competent to serve as executor or administrator who:

    • a

      Is a minor;

    • b

      Is not a resident of the Philippines; and

    • c

      Is in opinion of the court unfit to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity, or by reason of conviction of an offense involving moral turpitude.

  • Section 2  Executor of Executor Not to Administer Estate.

    The executor of an executor shall not, as such, administer the estate of the first testator.

  • Section 3  Married Women May Serve.

    A married woman may serve as executrix or administratrix, and the marriage of a single woman shall not affect her authority so to serve under a previous appointment.

  • Section 4  Letters Testamentary Issued When Will Allowed.

    When a will has been proved and allowed, the court shall issue letters testamentary thereon to the person named as executor therein, if he is competent, accepts the trust, and gives bond as required by these rules.

  • Section 5  Where Some Coexecutors Disqualified Others May Act.

    When all of the executors named in a will cannot act because of incompetency, refusal to accept the trust, or failure to give bond, on the part of one or more of them, letters testamentary may issue to such of them as are competent, accept and give bond and they may perform the duties and discharge the trust required by the will.

  • Section 6  When and to Whom Letters of Administration Granted.

    If no executor is named in the will, or the executor or executors are incompetent, refuse the trust, or fail to give bond, or a person dies intestate, administration shall be granted:

    • a

      To the surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of the court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if competent and willing to serve;

    • b

      If such surviving husband or wife, as the case may be, or next of kin, or the person selected by them, be incompetent or unwilling, or if the husband or widow, or next of kin, neglect for thirty days after the death of the person to apply for administration or to request that administration be granted to some other person, it may be granted to one or more of the principal creditors, if competent and willing to serve;

    • c

      If there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select.

• Rule 80  Opposing Issue of Letters Testamentary. Petition and Contest for Letters of Administration
  • Section 1  Opposition to Issue of Letters Testamentary. Simultaneous Petition for Administration.

    Any person interested in a will may file a writing stating the grounds why letters testamentary should not issue to the persons named as executors, or any of them, and the court, after hearing upon notice, shall pass upon the sufficiency of such grounds. A petition may, at the same time, be filed for letters of administration with the will annexed.

  • Section 2  Contents of Petition for Letters of Administration.

    A petition for letters of administration must be filed by an interested person and must show, so far as known to the petitioner;

    • a

      The jurisdictional facts;

    • b

      The names, ages, and residences of the heirs, and the names and residences of the creditor, of the decedent;

    • c

      The probable value and character of the property of the estate;

    • d

      The name of the person for whom letters of administration are prayed.

    • But no defect in the petition shall render void the issue of letters of administration.

  • Section 3  Court to Set Time for Hearing. Notice Thereof.

    When a petition for letters of administration is filed in the court having jurisdiction, such court shall fix a time and place for hearing the petition, and shall cause notice thereof to be given to the known heirs and creditors of the decedent, and to any other persons believed to have an interest in the estate, in the manner provided in sections 3 and 4 of Rule 77.

  • Section 4  Opposition to Petition for Administration.

    Any interested person may, by filing a written opposition, contest the petition on the ground of the incompetency of the person for whom letters are prayed therein, or on the ground of the contestant's own right to the administration, and may pray that letters issue to himself, or to any competent person or persons named in the opposition.

  • Section 5  Hearing and Order for Letters to Issue.

    At the hearing of the petition, it must first be shown that notice has been given as hereinabove required, and thereafter the court shall hear the proofs of the parties in support of their respective allegations, and if satisfied that the decedent left no will, or that there is no competent and willing executor, it shall order the issuance of letters of administration to the party best entitled thereto.

  • Section 6  When Letters of Administration Granted to Any Applicant.

    Letters of administration may be granted to any qualified applicant, though it appears that there are other competent persons having better right to the administration, if such persons fail to appear when notified and claim the issuance of letters to themselves.

• Rule 81  Special Administrator
  • Section 1  Appointment of Special Administrator.

    When there is delay in granting letters testamentary or of administration occasioned by an appeal from the allowance or disallowance of a will, or from any other cause, the court may appoint a special administrator to collect and take charge of the estate of the deceased until the questions causing the delay are decided and executors or administrators thereupon appointed.

  • Section 2  Powers and Duties of Special Administrator.

    Such special administrator shall collect and take charge of the goods, chattels, rights, credits, and estate of the deceased and preserve the same for the executor or administrator afterwards appointed, and for that purpose may commence and maintain suits as administrator, and may sell such perishable and other property as the court orders sold. A special administrator shall not be liable to pay any debts of the deceased.

  • Section 3  When Powers of Special Administrator Cease. Transfer of Effects. Pending Suits.

    When letters testamentary or of administration are granted on the estate of the deceased, the powers of the special administrator shall cease, and he shall forthwith deliver to the executor or administrator the goods, chattels, money, and estate of the deceased in his hands. The executor or administrator may prosecute to final judgment suits commenced by such special administrator.

• Rule 82  Bonds of Executors and Administrators
  • Section 1  Bond to Be Given before Issuance of Letters. Amount. Conditions.

    Before an executor or administrator enters upon the execution of his trust, and letters testamentary or of administration issue, he shall give a bond, in such sum as the court directs, conditioned as follows:

    • a

      To make and return to the court, within three months, a true and complete inventory of all goods, chattels, rights, credits, and estate of the deceased which shall come to his possession or knowledge or to the possession of any other person for him;

    • b

      To administer according to these rules, and, if an executor, according to the will of the testator, all goods, chattels, rights, credits, and estate which shall at any time come to his possession or to the possession of any other person for him, and from the proceeds to pay and discharge all debts, legacies, and charges on the same, or such dividends thereon as shall be decreed by the court;

    • c

      To render a true and just account of his administration to the court within one year, and at any other time when required by the court;

    • d

      To perform all orders of the court by him to be performed.

  • Section 2  Bond of Executor Where Direction in Will. When Further Bond Required.

    If the testator in his will directs that the executor serve without bond, or with only his individual bond, he may be allowed by the court to give bond in such sum and with such surety as the court approves conditioned only to pay the debts of the testator; but the court may require of the executor a further bond in case of a change in his circumstances, or for other sufficient cause, with the conditions named in the last preceding section.

  • Section 3  Bonds of Joint Executors and Administrators.

    When two or more persons are appointed executors or administrators the court may take a separate bond from each, or a joint bond from all.

  • Section 4  Bond of Special Administrator.

    A special administrator before entering upon the duties of his trust shall give a bond, in such sum as the court directs, conditioned that he will make and return a true inventory of the goods, chattels, rights, credits, and estate of the deceased which come to his possession or knowledge, and that he will truly account for such as are received by him when required by the court, and will deliver the same to the person appointed executor or administrator, or to such other person as may be authorized to receive them.

• Rule 83  Revocation of Administration. Death, Resignation, and Removal of Executors and Administrators
  • Section 1  Administration Revoked if Will Discovered. Proceedings Thereupon.

    If after letters of administration have been granted on the estate of a decedent as if he had died intestate, his will is proved and allowed by the court, the letters of administration shall be revoked and all powers thereunder cease, and the administrator shall forthwith surrender the letters to the court, and render his account within such time as the court directs. Proceedings for the issuance of letters testamentary or of administration under the will shall be as hereinbefore provided.

  • Section 2  Court May Remove or Accept Resignation of Executor or Administrator. Proceedings upon Death, Resignation, or Removal.

    If an executor or administrator neglects to render his account and settle the estate according to law, or to perform an order or judgment of the court, or a duty expressly provided by these rules, or absconds, or becomes insane, or otherwise incapable or unsuitable to discharge the trust, the court may remove him, or, in its discretion, may permit him to resign. When an executor or administrator dies, resigns, or is removed the remaining executor or administrator may administer the trust alone, unless the court grants letters to someone to act with him. If there is no remaining executor or administrator, administration may be granted to any suitable person.

  • Section 3  Acts before Revocation, Resignation, or Removal to Be Valid.

    The lawful acts of an executor or administrator before the revocation of his letters testamentary or of administration, or before his resignation or removal, shall have the like validity as if there had been no such revocation, resignation, or removal.

  • Section 4  Powers of New Executor or Administrator. Renewal of License to Sell Real Estate.

    The person to whom letters testamentary or of administration are granted after the revocation of former letters, or the death, resignation, or removal of a former executor or administrator, shall have the like powers to collect and settle the estate not administered that the former executor or administrator, had, and may prosecute or defend actions commenced by or against the former executor or administrator, and have execution on judgments recovered in the name of such former executor or administrator. An authority granted by the court to the former executor or administrator for the sale or mortgage of real estate may be renewed in favor of such person without further notice or hearing.

• Rule 84  Inventory and Appraisal. Provision for Support of Family.
  • Section 1  Inventory and Appraisal to Be Returned within, Three Months.

    Within three months after his appointment every executor or administrator shall return to the court a true inventory and appraisal of all the real and personal estate of the deceased which has come into his possession or knowledge. In the appraisement of such estate, the court may order one or more of the inheritance tax appraisers to give his or their assistance.

  • Section 2  Certain Articles Not Be Inventoried.

    The wearing apparel of the surviving husband or wife and minor children, the marriage bed and bedding, and such provisions and other articles as will necessarily be consumed in the subsistence of the family of the deceased, under the direction of the court, shall not be considered as assets, nor administered as such, and shall not be included in the inventory.

  • Section 3  Allowance to Widow and Family.

    The widow and minor or incapacitated children of a deceased person, during the settlement of the estate, shall receive therefrom, under the direction of the court, such allowances as are provided by law.

• Rule 85  General Powers and Duties of Executors and Administrators
  • Section 1  Executor or Administrator to Have Access to Partnership Books and Property. How Right Enforced.

    The executor or administrator of the estate of a deceased partner shall at all times have access to, and may examine and take copies of, the books and papers relating to the partnership business, and may examine and make invoices of the property belonging to such partnership; and the surviving partner or partners, on request, shall exhibit to him all such books, papers, and property in their hands or control. On the written application of such executor or administrator, the court having jurisdiction of the estate may order any such surviving partner or partners to freely permit the exercise of the rights, and to exhibit the books, papers, and property, as in this section provided, and may punish any partner failing to do so for contempt.

  • Section 2  Executor or Administrator to Keep Buildings in Repair.

    An executor or administrator shall maintain in tenantable repair the houses and other structures and fences belonging to the estate, and deliver the same in such repair to the heirs or devisees when directed so to do by the court.

  • Section 3  Executor or Administrator to Retain Whole Estate to Pay Debts, and to Administer Estate Not Willed.

    An executor or administrator shall have the right to the possession of the real as well as the personal estate of the deceased so long as it is necessary for the payment of the debts and the expenses of administration, and shall administer the estate of the deceased not disposed of by his will.

• Rule 86  Accountability and Compensation of Executors and Administrators
  • Section 1  Executor or Administrator Chargeable with All Estate and Income.

    Except as otherwise expressly provided in the following sections, every executor or administrator is chargeable in his account with the whole of the estate of the deceased which has come into his possession, at the value of the appraisement contained in the inventory; with all the interest, profit, and income of such estate; and with the proceeds of so much of the estate as is sold by him, at the price at which sold.

  • Section 2  Not to Profit by Increase or Lose by Decrease in Value.

    No executor or administrator shall profit by the increase, or suffer loss by the decrease or destruction, without his fault, of any part of the estate. He must account for the excess when he sells any part of the estate for more than the appraisement, and if any is sold for less than the appraisement, he is not responsible for the loss, if the sale has been justly made. If he settles any claim against the estate for less than its nominal value, he is entitled to charge in his account only the amount he actually paid on the settlement.

  • Section 3  When Not Accountable for Debts Due Estate.

    No executor or administrator shall be accountable for debts due the deceased which remain uncollected without his fault.

  • Section 4  Accountable for Income from Realty Used by Him.

    If the executor or administrator uses or occupies any part of the real estate himself, he shall account for it as may be agreed upon between him and the parties interested, or adjusted by the court with their assent; and if the parties do not agree upon the sum to be allowed, the same may be ascertained by the court, whose determination in this respect shall be final.

  • Section 5  Accountable if He Neglects or Delays to Raise or Pay Money.

    When an executor or administrator neglects or unreasonably delays to raise money, by collecting the debts or selling the real or personal estate of the deceased, or neglects to pay over the money he has in his hands, and the value of the estate is thereby lessened or unnecessary cost or interest accrues, or the persons interested suffer loss, the same shall be deemed waste, and the damage sustained may be charged and allowed against him in his account, and he shall be liable therefor on his bond.

  • Section 6  When allowed money paid as costs.

    The amount paid by an executor or administrator for costs awarded against him shall be allowed in his administration account, unless it appears that the action or proceeding in which the costs are taxed was prosecuted or resisted without just cause, and not in good faith.

  • Section 7  What Expenses and Fees Allowed Executor or Administrator. Not to Charge for Services as Attorney. Compensation Provided by Will Controls Unless Renounced.

    An executor or administrator shall be allowed the necessary expenses in the care, management, and settlement of the estate, and for his services, four pesos per day for the time actually and necessarily employed, or a commission upon the value of so much of the estate as comes into his possession and is finally disposed of by him in the payment of debts, expenses, legacies, or distributive shares, or by delivery to heirs or devisees, of two per centum of the first five thousand pesos of such value, one per centum of so much of such value as exceeds five thousand pesos and does not exceed thirty thousand pesos, one-half per centum of so much of such value as exceeds thirty thousand pesos and does not exceed one hundred thousand pesos, and one-quarter per centum of so much of such value as exceeds one hundred thousand pesos. But in any special case, where the estate is large, and the settlement has been attended with great difficulty, and has required a high degree of capacity on the part of the executor or administrator, a greater sum may be allowed. If objection to the fees allowed be taken, the allowance may be reexamined on appeal.

    • If there are two or more executors or administrators, the compensation shall be apportioned among them by the court according to the services actually rendered by them respectively.

    • When the executor or administrator is an attorney he shall not charge against the estate any professional fees for legal services rendered by him.

    • When the deceased by will makes some other provision for the compensation of his executor, that provision shall be a full satisfaction for his services unless by a written instrument filed in the court he renounces all claim to the compensation provided by the will.

  • Section 8  When Executor or Administrator to Render Account.

    Every executor or administrator shall render an account of his administration within one year from the time of receiving letters testamentary or of administration, unless the court otherwise directs because of extensions of time for presenting claims against, or paying the debts of, the estate, or for disposing of the estate; and he shall render such further accounts as the court may require until the estate is wholly settled.

  • Section 9  Examinations on Oath with Respect to Account.

    The court may examine the executor or administrator upon oath with respect to every matter relating to any account rendered by him, and shall so examine him as to the correctness of his account before the same is allowed, except when no objection is made to the allowance of the account and its correctness is satisfactorily established by competent testimony. The heirs, legatees, distributees, and creditors of the estate shall have the same privilege as the executor or administrator of being examined on oath on any matter relating to an administration account.

  • Section 10  Account to Be Settled on Notice.

    Before the account of an executor or administrator is allowed, notice shall be given to persons interested of the time and place of examining and allowing the same; and such notice may be given personally to such persons interested or by advertisement in a newspaper or newspapers, or both, as the court directs.

  • Section 11  Surety on Bond May Be Party to Accounting.

    Upon the settlement of the account of an executor or administrator, a person liable as surety in respect to such account may, upon application, be admitted as a party to such accounting.

• Rule 87  Claims Against Estate
  • Section 1  Notice to Creditors to Be Issued by Court.

    Immediately after granting letters testamentary or of administration, the court shall issue a notice requiring all persons having money claims against the decedent to file them in the office of the clerk of said court.

  • Section 2  Time within Which Claims Shall Be Filed.

    In the notice provided in the preceding section, the court shall state the time for the filing of claims against the estate, which shall not be more than twelve nor less than six months after the date of the first publication of the notice. However, at any time before an order of distribution is entered, on application of a creditor who has failed to file his claim within the time previously limited, the court may, for cause shown and on such terms as are equitable, allow such claim to be filed within a time not exceeding one month.

  • Section 3  Publication of Notice to Creditors.

    Every executor or administrator shall, immediately after the notice to creditors is issued, cause the same to be published three weeks successively in a newspaper of general circulation in the province, or in the Official Gazette, as the court shall deem best, and to be posted for the same period in four public places in the province and in two public places in the municipality where the decedent last resided.

  • Section 4  Filing Copy of Printed Notice.

    Within ten days after the notice has been published and posted in accordance with the preceding section, the executor or administrator shall file or cause to be filed in the court a printed copy of the notice accompanied with an affidavit setting forth the dates of the first and last publication thereof and the name of the newspaper in which the same is printed.

  • Section 5  Claims Which Must Be Filed under the Notice. If Not Filed, Barred; Exception.

    All claims for money against the decedent, arising from contract, express or implied, whether the same be due, not due, or contingent, all claims for funeral expenses and expenses of the last sickness of the decedent, and judgment for money against the decedent, must be filed within the time limited in the notice; otherwise they are barred forever, except that they may be set forth as counterclaims in any action that the executor or administrator may bring against the claimants. Where an executor or administrator commences an action, or prosecutes an action already commenced by the deceased in his lifetime, the debtor may set forth by answer the claims he has against the decedent, instead of presenting them independently to the court as herein provided, and mutual claims may be set off against each other in such action; and if final judgment is rendered in favor of the defendant, the amount so determined shall be considered the true balance against the estate, as though the claim had been presented directly before the court in the administration proceedings. Claims not yet due, or contingent, may be approved at their present value.

  • Section 6  Joint and Several Obligation of Decedent.

    Where the obligation of the decedent is joint and several with another debtor, the claim shall be filed against the decedent as if he were the only debtor, without prejudice to the right of the estate to recover contribution from the other debtor. In a joint obligation of the decedent, the claim shall be confined to the portion belonging to him.

  • Section 7  Mortgage Debt Due from Estate.

    A creditor holding a claim against the deceased secured by mortgage or other collateral security, may abandon the security and prosecute his claim in the manner provided in this rule, and share in the general distribution of the assets of the estate; or he may foreclose his mortgage or realize upon his security, by ordinary action in court, making the executor or administrator a party defendant, and if there is a judgment for a deficiency, after the sale of the mortgaged premises, or the property pledged, in the foreclosure or other proceeding to realize upon the security, he may claim his deficiency judgment in the manner provided in the preceding section; or he may rely upon his mortgage or other security alone, and foreclose the same at any time within the period of the statute of limitations, and in that event he shall not be admitted as a creditor, and shall receive no share in the distribution of the other assets of the estate; but nothing herein contained shall prohibit the executor or administrator from redeeming the property mortgaged or pledged, by paying the debt for which it is held as security, under the direction of the court, if the court shall adjudge it to be for the best interest of the estate that such redemption shall be made.

  • Section 8  Claim of Executor or Administrator against an Estate.

    If the executor or administrator has a claim against the estate he represents, he shall give notice thereof, in writing, to the court, and the court shall appoint a special administrator who shall, in the adjustment of such claim, have the same power and be subject to the same liability as the general administrator or executor in the settlement of other claims. The court may order the executor or administrator to pay to the special administrator necessary funds to defend such claim.

  • Section 9  How to File a Claim. Contents Thereof. Notice to Executor or Administrator.

    A claim may be filed by delivering the same with the necessary vouchers to the clerk of court and by serving a copy thereof on the executor or administrator. If the claim be founded on a bond, bill, note, or any other instrument, the original need not be filed, but a copy thereof with all indorsements shall be attached to the claim and filed therewith. On demand, however, of the executor or administrator, or by order of the court or judge, the original shall be exhibited, unless it be lost or destroyed, in which case the claimant must accompany his claim with affidavit or affidavits containing a copy or particular description of the instrument and stating its loss or destruction. When the claim is due, it must be supported by affidavit stating the amount justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant. If the claim is not due, or is contingent, when filed, it must also be supported by affidavit stating the particulars thereof. When the affidavit is made by a person other than the claimant, he must set forth therein the reason why it is not made by the claimant. The claim once filed shall be attached to the record of the case in which the letters testamentary or of administration were issued, although the court, in its discretion, and as a matter of convenience, may order all the claims to be collected in a separate folder.

  • Section 10  Answer of Executor or Administrator. Offsets.

    Within five days after service of a copy of the claim on the executor or administrator, he shall file his answer admitting or denying the claim specifically, and setting forth the substance of the matters which are relied upon to support the admission or denial. If he has no knowledge sufficient to enable him to admit or deny specifically, he shall state such want of knowledge. The executor or administrator in his answer shall allege in offset any claim which the decedent before death had against the claimant, and his failure to do so shall bar the claim forever. A copy of the answer shall be served by the executor or administrator on the claimant. The court in its discretion may extend the time for filing such answer.

  • Section 11  Disposition of Admitted Claim.

    Any claim admitted entirely by the executor or administrator shall immediately be submitted by the clerk to the court who may approve the same without hearing; but the court, in its discretion, before approving the claim, may order that known heirs, legatees, or devisees be notified and heard. If upon such hearing, an heir, legatee, or devisee opposes the claim, the court may, in its discretion, allow him five days to file an answer to the claim in the manner prescribed in the preceding section.

  • Section 12  Trial of Contested Claims.

    Upon the filing of an answer to a claim, or upon the expiration of the time for such filing, the clerk of court shall set the claim for trial with notice to both parties. The court may refer the claim to a commissioner.

  • Section 13  Judgment Appealable.

    The judgment of the court approving or disapproving a claim, shall be filed with the record of the administration proceedings with notice to both parties, and is appealable. A judgment against the executor or administrator shall be that he pay, in due course of administration, the amount ascertained to be due, and it shall not create any lien upon the property of the estate, or give to the judgment creditor any priority of payment.

  • Section 14  Costs.

    When the executor or administrator, in his answer, admits and offers to pay part of a claim, and the claimant refuses to accept the amount offered in satisfaction of his claim, if he fails to obtain a more favorable judgment, he cannot recover costs, but must pay to the executor or administrator costs from the time of the offer. Where an action commenced against the deceased for money has been discontinued and the claim embraced therein presented as in this rule provided, the prevailing party shall be allowed the costs of his action up to the time of its discontinuance.

• Rule 88  Actions by and Against Executors and Administrators
  • Section 1  Actions Which May and Which May Not Be Brought against Executor or Administrator.

    No action upon a claim for the recovery of money or debt or interest thereon shall be commenced against the executor or administrator; but actions to recover real or personal property from the estate, or to enforce a lien thereon, and actions to recover damages for an injury to person or property, real or personal, may be commenced against him.

  • Section 2  Executor or Administrator May Bring or Defend Actions Which Survive.

    For the recovery or protection of the property or rights of the deceased, an executor or administrator may bring or defend, in the right of the deceased, actions for causes which survive.

  • Section 3  Heir May Not Sue until Share Assigned.

    When an executor or administrator is appointed and assumes the trust, no action to recover the title or possession of lands or for damage done to such lands shall be maintained against him by an heir or devisee until there is an order of the court assigning such lands to such heir or devisee or until the time allowed for paying debts has expired.

  • Section 4  Executor or Administrator May Compound with Debtor.

    With the approval of the court, an executor or administrator may compound with the debtor of the deceased for a debt due, and may give a discharge of such debt on receiving a just dividend of the estate of the debtor.

  • Section 5  Mortgage Due Estate May Be Foreclosed.

    A mortgage belonging to the estate of a deceased person, as mortgagee or assignee of the right of a mortgagee, may be foreclosed by the executor or administrator.

  • Section 6  Proceedings When Property Concealed, Embezzled, or Fraudulently Conveyed.

    If an executor or administrator, heir, legatee, creditor, or other individual interested in the estate of the deceased, complains to the court having jurisdiction of the estate that a person is suspected of having concealed, embezzled, or conveyed away any of the money, goods, or chattels of the deceased, or that such person has in his possession or has knowledge of any deed, conveyance, bond, contract, or other writing which contains evidence of or tends to disclose the right, title, interest, or claim of the deceased to real or personal estate, or the last will and testament of the deceased, the court may cite such suspected person to appear before it and may examine him on oath on the matter of such complaint; and if the person so cited refuses to appear, or to answer on such examination or such interrogatories as are put to him, the court may punish him for contempt, and may commit him to prison until he submits to the order of the court. The interrogatories put to any such person, and his answers thereto, shall be in writing and shall be filed in the clerk's office.

  • Section 7  Person Entrusted with Estate Compelled to Render Account.

    The court, on complaint of an executor or administrator, may cite a person entrusted by an executor or administrator with any part of the estate of the deceased to appear before it, and may require such person to render a full account, on oath, of the money, goods, chattels, bonds, accounts, or other papers belonging to such estate as came to his possession in trust for such executor or administrator, and of his proceedings thereon; and if the person so cited refuses to appear to render such account, the court may punish him for contempt as having disobeyed a lawful order of the court.

  • Section 8  Embezzlement before Letters Issued.

    If a person, before the granting of letters testamentary or of administration on the estate of the deceased, embezzles or alienates any of the money, goods, chattels, or effects of such deceased, such person shall be liable to an action in favor of the executor or administrator of the estate for double the value of the property sold, embezzled, or alienated, to be recovered for the benefit of such estate.

  • Section 9  Property Fraudulently Conveyed by Deceased May Be Recovered. When Executor or Administrator Must Bring Action.

    When there is a deficiency of assets in the hands of an executor or administrator for the payment of debts and expenses of administration, and the deceased in his lifetime had conveyed real or personal property, or a right or interest therein, or a debt or credit, with intent to defraud his creditors or to avoid any right, debt, or duty; or had so conveyed such property, right, interest, debt, or credit that by law the conveyance would be void as against his creditors, and the subject of the attempted conveyance would be liable to attachment by any of them in his lifetime, the executor or administrator may commence and prosecute to final judgment an action for the recovery of such property, right, interest, debt, or credit for the benefit of the creditors; but he shall not be bound to commence the action unless on application of the creditors of the deceased, nor unless the creditors making the application pay such part of the costs and expenses, or give security therefor to the executor or administrator, as the court deems equitable.

  • Section 10  When Creditor May Bring Action. Lien for Costs.

    When there is such a deficiency of assets, and the deceased in his lifetime had made or attempted such a conveyance, as is stated in the last preceding section, and the executor or administrator has not commenced the action therein provided for, any creditor of the estate may, with the permission of the court, commence and prosecute to final judgment, in the name of the executor or administrator, a like action for the recovery of the subject of the conveyance or attempted conveyance for the benefit of the creditors. But the action shall not be commenced until the creditor has filed in a court a bond executed to the executor or administrator, in an amount approved by the judge, conditioned to indemnify the executor or administrator against the costs and expenses incurred by reason of such action. Such creditor shall have a lien upon any judgment recovered by him in the action for such costs and other expenses incurred therein as the court deems equitable. Where the conveyance or attempted conveyance has been made by the deceased in his lifetime in favor of the executor or administrator, the action which a creditor may bring shall be in the name of all the creditors, and permission of the court and filing of bond as above prescribed, are not necessary.

• Rule 89  Payments of the Debts of the Estate
  • Section 1  Debts Paid in Full if Estate Sufficient.

    If, after hearing all the money claims against the estate, and after ascertaining the amount of such claims, it appears that there are sufficient assets to pay the debts, the executor or administrator shall pay the same within the time limited for that purpose.

  • Section 2  Part of Estate from Which Debts Paid Where Provision Made by Will.

    If the testator makes provision by his will, or designates the estate to be appropriated for the payment of his debts, the expenses of administration, or the family expenses, they shall be paid according to the provisions of the will; but if the provision made by the will or the estate appropriated, is not sufficient for that purpose, such part of the estate of the testator, real or personal, as is not disposed of by will, if any, shall be appropriated for that purpose.

  • Section 3  Personalty First Chargeable for Debts, Then Realty.

    The personal estate of the deceased shall be first chargeable with the payment of debts and expenses; and if the personal estate is not sufficient for that purpose, or its sale would redound to the detriment of the participants in the estate, the whole of the real estate, or so much thereof as is necessary, may be sold, mortgaged, or otherwise encumbered for that purpose by the executor or administrator, after obtaining the authority of the court therefor.

  • Section 4  Estate to Be Retained to Meet Contingent Claims.

    If the court is satisfied that a contingent claim duly filed is valid, it may order the executor or administrator to retain in his hands sufficient estate to pay such contingent claim, when the same becomes absolute, or, if the estate is insolvent, sufficient to pay a portion equal to the dividend of the other creditors.

  • Section 5  How Contingent Claim Becoming Absolute in Two Years Allowed and Paid. Action against Distributees Later.

    If such contingent claim becomes absolute and is presented to the court, or to the executor or administrator, within two years from the time limited for other creditors to present their claims, it may be allowed by the court if not disputed by the executor or administrator, and, if disputed, it may be proved and allowed or disallowed by the court as the facts may warrant. If the contingent claim is allowed, the creditor shall receive payment to the same extent as the other creditors if the estate retained by the executor or administrator is sufficient. But if the claim is not so presented, after having become absolute, within said two years, and allowed, the assets retained in the hands of the executor or administrator, not exhausted in the payment of claims, shall be distributed by the order of the court to the persons entitled to the same; but the assets so distributed may still be applied to the payment of the claim when established, and the creditor may maintain an action against the distributees to recover his debt, and such distributees and their estates shall be liable for the debt in proportion to the estate they have respectively received from the property of the deceased.

  • Section 6  Court to Fix Contributive Shares Where Devisees, Legatees, or Heirs Have Been in Possession.

    Where devisees, legatees, or heirs have entered into possession of portions of the estate before the debts and expenses have been settled and paid, and have become liable to contribute for the payment of such debts and expenses, the court having jurisdiction of the estate may, by order for that purpose, after hearing, settle the amount of their several liabilities, and order how much and in what manner each person shall contribute, and may issue execution if circumstances require.

  • Section 7  Order of Payment if Estate Insolvent.

    If the assets which can be appropriated for the payment of debts are not sufficient for that purpose, the executor or administrator shall, after paying the necessary expenses of administration, pay the debts against the estate in the following order:

    • a

      The necessary funeral expenses;

    • b

      The expenses of the last sickness;

    • c

      What is owing to the laborer for salaries and wages earned and for indemnities due him, for the last year;

    • d

      (Eliminated by resolution of August 9, 1946);

    • e

      Taxes and assessments due the Government or any branch or subdivision thereof;

    • f

      Debts due the province;

    • g

      Debts due other creditors. (See also Art. 2244, N.C.C.)

  • Section 8  Dividends to Be Paid in Proportion to Claims.

    If there are not assets sufficient to pay the debts of any one class of creditors after paying the debts entitled to preference over it, each creditor within such class shall be paid a dividend in proportion to his claim. No creditor of any one class shall receive any payment until those of the preceding class are paid.

  • Section 9  Estate of Insolvent Nonresident, How Disposed of.

    In case administration is taken in the Philippines of the estate of a person who was at the time of his death an inhabitant of another country, and who died insolvent, his estate found in the Philippines shall, as far as practicable, be so disposed of that his creditors here and elsewhere may receive each an equal share in proportion to their respective debts.

  • Section 10  When and How Claim Proved Outside the Philippines against Insolvent Resident's Estate Paid.

    If it appears to the court having jurisdiction that claims have been duly proven in another country against the estate of an insolvent who was at the time of his death an inhabitant of the Philippines, and that the executor or administrator in the Philippines had knowledge of the presentation of such claims in such country and an opportunity to contest their allowance, the court shall receive a certified list of such claims, when perfected in such country, and add the same to the list of claims proved against the deceased person in the Philippines so that a just distribution of the whole estate may be made equally among all its creditors according to their respective claims; but the benefit of this and the preceding sections shall not be extended to the creditors in another country if the property of such deceased person there found is not equally appropriated to the creditors residing in the Philippines with other creditors, according to their respective claims.

  • Section 11  Order for Payment of Debts.

    Before the expiration of the time limited for the payment of the debts, the court shall order the payment thereof, and the distribution of the assets received by the executor or administrator for that purpose among the creditors, as the circumstances of the estate require and in accordance with the provisions of this rule.

  • Section 12  Orders Relating to Payment of Debts Where Appeal Is Taken.

    If an appeal has been taken from a decision of the court concerning a claim, the court may suspend the order for the payment of the debts or may order the distribution among the creditors whose claims are definitely allowed, leaving in the hands of the executor or administrator sufficient assets to pay the claim disputed and appealed. When a disputed claim is finally settled the court having jurisdiction of the estate shall order the same to be paid out of the assets retained to the same extent and in the same proportion with the claims of other creditors.

  • Section 13  When Subsequent Distribution of Assets Ordered.

    If the whole of the debts are not paid on the first distribution, and if the whole assets are not distributed, or other assets afterwards come to the hands of the executor or administrator, the court may from time to time make further orders for the distribution of assets.

  • Section 14  Creditors to Be Paid in Accordance with Terms of Order.

    When an order is made for the distribution of assets among the creditors, the executor or administrator shall, as soon as the time of payment arrives, pay the creditors the amounts of their claims, or the dividend thereon, in accordance with the terms of such order.

  • Section 15  Time for Paying Debts and Legacies Fixed, or Extended after Notice, within What Periods.

    On granting letters testamentary or of administration the court shall allow to the executor or administrator a time for disposing of the estate and paying the debts and legacies of the deceased, which shall not, in the first instance, exceed one year; but the court may, on application of the executor or administrator and after hearing on such notice of the time and place therefor given to all person interested as it shall direct, extend the time as the circumstances of the estate require not exceeding six months for a single extension nor so that the whole period allowed to the original executor or administrator shall exceed two years.

  • Section 16  Successor of Dead Executor or Administrator May Have Time Extended on Notice within Certain Period.

    When an executor or administrator dies, and a new administrator of the same estate is appointed, the court may extend the time allowed for the payment of the debts or legacies beyond the time allowed to the original executor or administrator, not exceeding six months at a time and not exceeding six months beyond the time which the court might have allowed to such original executor or administrator; and notice shall be given of the time and place for hearing such application, as required in the last preceding section.

• Rule 90  Sales, Mortgages, and Other Encumbrances of Property of Decedents
  • Section 1  Order for Sale of Personalty.

    Upon the application of the executor or administrator, the court may order the whole or a part of the personal estate to be sold, if it appears necessary for the purpose of paying debts, expenses of administration, or legacies, or for the preservation of the property.

  • Section 2  When Court May Authorize Sale, Mortgage, or Other Encumbrance of Realty to Pay Debts and Legacies Though Personally Not Exhausted.

    When the personal estate of the deceased is not sufficient to pay the debts, expenses of administration, and legacies, or where the sale of such personal estate may injure the business or other interest of those interested in the estate, and where a testator has not otherwise made sufficient provision for the payment of such debts, expenses, and legacies, the court, on the application of the executor or administrator and on written notice to the heirs, devisees, and legatees residing in the Philippines, may authorize the executor or administrator to sell, mortgage, or otherwise encumber so much as may be necessary of the real estate, in lieu of personal estate, for the purpose of paying such debts, expenses, and legacies, if it clearly appears that such sale, mortgage, or encumbrance would be beneficial to the persons interested; and if a part cannot be sold, mortgaged, or otherwise encumbered without injury to those interested in the remainder, the authority may be for the sale, mortgage, or other encumbrance of the whole of such real estate, or so much thereof as is necessary or beneficial under the circumstances.

  • Section 3  Persons Interested May Prevent Such Sale, Etc., by Giving Bond.

    No such authority to sell, mortgage, or otherwise encumber real estate shall be granted if any person interested in the estate gives a bond, in a sum to be fixed by the court, conditioned to pay the debts, expenses of administration, and legacies within such time as the court directs; and such bond shall be for the security of the creditors, as well as of the executor or administrator, and may be prosecuted for the benefit of either.

  • Section 4  When Court May Authorize Sale of Estate as Beneficial to Interested Persons. Disposal of Proceeds.

    When it appears that the sale of the whole or a part of the real or personal estate, will be beneficial to the heirs, devisees, legatees, and other interested persons, the court may, upon application of the executor or administrator and on written notice to the heirs, devisees, and legatees who are interested in the estate to be sold, authorize the executor or administrator to sell the whole or a part of said estate, although not necessary to pay debts, legacies, or expenses of administration; but such authority shall not be granted if inconsistent with the provisions of a will. In case of such sale, the proceeds shall be assigned to the persons entitled to the estate in the proper proportions.

  • Section 5  When Court May Authorize Sale, Mortgage, or Other Encumbrance of Estate to Pay Debts and Legacies in Other Countries.

    When the sale of personal estate, or the sale, mortgage, or other encumbrance of real estate is not necessary to pay the debts, expenses of administration, or legacies in the Philippines, but it appears from records and proceedings of a probate court in another country that the estate of the deceased in such other country is not sufficient to pay the debts, expenses of administration, and legacies there, the court here may authorize the executor or administrator to sell the personal estate or to sell, mortgage, or otherwise encumber the real estate for the payment of debts or legacies in the other country, in the same manner as for the payment of debts or legacies in the Philippines.

  • Section 6  When Court May Authorize Sale, Mortgage, or Other Encumbrance of Realty Acquired on Execution or Foreclosure.

    The court may authorize an executor or administrator to sell, mortgage, or otherwise encumber real estate acquired by him on execution or foreclosure sale, under the same circumstances and under the same regulations as prescribed in this rule for the sale, mortgage, or other encumbrance of other real estate.

  • Section 7  Regulations for Granting Authority to Sell, Mortgage, or Otherwise Encumber Estate.

    The court having jurisdiction of the estate of the deceased may authorize the executor or administrator to sell personal estate, or to sell, mortgage, or otherwise encumber real estate, in cases provided by these rules and when it appears necessary or beneficial, under the following regulations:

    • a

      The executor or administrator shall file a written petition setting forth the debts due from the deceased, the expenses of administration, the legacies, the value of the personal estate, the situation of the estate to be sold, mortgaged, or otherwise encumbered, and such other facts as show that the sale, mortgage, or other encumbrance is necessary or beneficial;

    • b

      The court shall thereupon fix a time and place for hearing such petition, and cause notice stating the nature of the petition, the reason for the same, and the time and place of hearing, to be given personally or by mail to the person interested, and may cause such further notice to be given, by publication or otherwise, as it shall deem proper;

    • c

      If the court requires it, the executor or administrator shall give an additional bond, in such sum as the court directs, conditioned that such executor or administrator will account for the proceeds of the sale, mortgage, or other encumbrance;

    • d

      If the requirements in the preceding subdivisions of this section have been complied with, the court, by order stating such compliance, may authorize the executor or administrator to sell, mortgage, or otherwise encumber, in proper cases, such part of the estate as is deemed necessary, and in case of sale the court may authorize it to be public or private, as would be most beneficial to all parties concerned. The executor or administrator shall be furnished with a certified copy of such order;

    • e

      If the estate is to be sold at auction, the mode of giving notice of the time and place of the sale shall be governed by the provisions concerning notice of execution sale;

    • f

      There shall be recorded in the registry of deeds of the province in which the real estate thus sold, mortgaged, or otherwise encumbered is situated, a certified copy of the order of the court, together with the deed of the executor or administrator for such real estate, which shall be as valid as if the deed had been executed by the deceased in his lifetime.

  • Section 8  When Court May Authorize Conveyance of Realty Which Deceased Contracted to Convey. Notice. Effect of Deed.

    Where the deceased was in his lifetime under contract, binding in law, to deed real property, or an interest therein, the court having jurisdiction of the estate may, on application for that purpose, authorize the executor or administrator to convey such property according to such contract, or with such modifications as are agreed upon by the parties and approved by the court; and if the contract is to convey real property to the executor or administrator, the clerk of the court shall execute the deed. The deed executed by such executor, administrator, or clerk of court shall be as effectual to convey the property as if executed by the deceased in his lifetime; but no such conveyance shall be authorized until notice of the application for that purpose has been given personally or by mail to all persons interested, and such further notice has been given, by publication or otherwise, as the court deems proper; nor if the assets in the hands of the executor or administrator will thereby be reduced so as to prevent a creditor from receiving his full debt or diminish his dividend.

  • Section 9  When Court May Authorize Conveyance of Lands Which Deceased Held in Trust.

    Where the deceased in his lifetime held real property in trust for another person, the court may, after notice given as required in the last preceding section, authorize the executor or administrator to deed such property to the person, or his executor or administrator, for whose use and benefit it was so held; and the court may order the execution of such trust, whether created by deed or by law.

• Rule 91  Distribution and Partition of the Estate
  • Section 1  When Order for Distribution of Residue Made. Testimony Taken on Controversy Preserved.

    When the debts, funeral charges, and expenses of administration, the allowances to the widow, and inheritance tax, if any, chargeable to the estate in accordance with law, have been paid, the court, on the application of the executor or administrator, or of a person interested in the estate, and after hearing upon notice, shall assign the residue of the estate to the persons entitled to the same, naming them and the proportions, or parts, to which each is entitled, and such persons may demand and recover their respective shares from the executor or administrator, or any other person having the same in his possession. If there is a controversy before the court as to who are the lawful heirs of the deceased person or as to the distributive share to which each person is entitled under the law, the testimony as to such controversy shall be taken in writing by the judge, under oath.

    • No distribution shall be allowed until the payment of the obligations above mentioned has been made or provided for, unless the distributees, or any of them, give a bond, in a sum to be fixed by the court, conditioned for the payment of said obligations within such time as the court directs.

  • Section 2  Questions as to Advancement to Be Determined.

    Questions as to advancement made, or alleged to have been made, by the deceased to any heir may be heard and determined by the court having jurisdiction of the estate; and the final order of the court thereon shall be binding on the person raising the questions and on the heir.

  • Section 3  Partition of Real Estate Assigned to Two or More Heirs, Devisees, or Legatees.

    Where the real estate assigned to two or more heirs, devisees, or legatees is in common and undivided, and their respective shares are not separated and distinguished, any party in interest may compel the partition by a proper action, whether the parties be the original heirs, devisees, or legatees, or some of the parties be other persons to whom the original heirs, devisees, or legatees have conveyed their shares.

  • Section 4  By Whom Expenses of Partition Paid.

    If at the time of such partition the executor or administrator has retained sufficient effects in his hands which may lawfully be applied for that purpose, the expenses of the partition may be paid by such executor or administrator when it appears equitable to the court and not inconsistent with the intention of the testator; otherwise they shall be paid by the parties in proportion to their respective shares or interests in the premises, and the apportionment shall be settled and allowed by the court, and, if any person interested in the partition does not pay his proportion or share, the court may issue an execution in the name of the executor or administrator against the party not paying for the sum assessed.

  • Section 5  Recording the Order of Partition of Estate.

    Certified copies of final orders and judgments of the court relating to the real estate or the partition thereof shall be recorded in the registry of deeds of the province where the property is situated.

• Rule 92  Escheats
  • Section 1  When and by Whom Petition Filed.

    When a person dies intestate, seized of real or personal property in the Philippines, leaving no heir or person by law entitled to the same, the municipality or city where the deceased last resided, if he resided in the Philippines, or the municipality or city in which he had estate if he resided out of the Philippines, may file a petition in the Court of First Instance of the province setting forth the facts, and praying that the estate of the deceased be declared escheated.

  • Section 2  Order for Hearing.

    If the petition is sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, which date shall be not more than six months after the entry of the order, and shall direct that a copy of the order be published before the hearing at least once a week for six successive weeks in some newspaper of general circulation published in the province, or in the Official Gazette, as the court shall deem best.

  • Section 3  Hearing and Judgment.

    Upon satisfactory proof in open court on the date fixed in the order that such order has been published as directed and that the person died intestate, seized of real or personal property in the Philippines, leaving no heir or person entitled to the same, and no sufficient cause being shown to the contrary, the court shall adjudge that the estate of the deceased in the Philippines, after the payment of just debts and charges, shall escheat; and shall assign the personal estate to the municipality or city where he last resided in the Philippines, and the real estate to the municipalities or cities, respectively, in which the same is situated. If the deceased never resided in the Philippines, the whole estate may be assigned to the respective municipalities or cities where the same is located. Such estate shall be for the use of schools in such municipalities or cities, and shall be managed and disposed of like other property appropriated to the use of schools.

  • Section 4  When and by Whom Claim to Estate Filed.

    If a devisee, legatee, heir, widow, widower, or other person entitled to such estate appears and files a claim thereto with the court within ten years from the date of such judgment, such person shall have possession of the same, or if sold, the municipality or city shall be accountable to him for the proceeds, after deducting reasonable charges for the care of the estate; but a claim not made within said time shall be forever barred. (See Art. 1014, N.C.C.)

• Rule 93  Venue
  • Section 1  Where to Institute Proceedings.

    Guardianship of the person or estate of a minor or incompetent shall be originally cognizable by the Court of First Instance of the province where the minor or incompetent resides, and if he resides in a foreign country, by the Court of First Instance of the province wherein his property or part thereof is situated. (See R.A. No. 643, sec. 2.)

  • Section 2  Meaning of Word "Incompetent".

    Under this rule, the word "incompetent" includes persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are unable to read and write, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation.

  • Section 3  Transfer of Venue.

    The Court of First Instance taking cognizance of a guardianship proceeding, may transfer the same to the court of another province wherein the ward has or has acquired real property, if he has transferred thereto his bona-fide residence, and the latter court shall have full jurisdiction to continue the proceedings without payment of court fees.

• Rule 94  Appointment of Guardians
  • Section 1  Who May Petition for Appointment of Guardian for Resident.

    Any relative, friend, or other person on behalf of a resident minor or incompetent who has no lawful guardian, or the minor himself if fourteen years of age or over, may petition the court having jurisdiction for the appointment of a general guardian for the person or estate, or both, of such minor or incompetent. An officer of the Federal Administration of the United States in the Philippines may also file a petition in favor of a ward thereof, and the Director of Health, in favor of an insane who should be hospitalized, or in favor of an isolated leper.

  • Section 2  Contents of Petition.

    A petition for the appointment of a general guardian must show, so far as known to the petitioner:

    • a

      The jurisdictional facts;

    • b

      The minority or incompetency rendering the appointment necessary or convenient;

    • c

      The names, ages, and residences of the relatives of the minor or incompetent, and of the persons having him in their care;

    • d

      The probable value and character of his estate;

    • e

      The name of the person for whom letters of guardianship are prayed.

    • The petition shall be verified; but no defect in the petition or verification shall render void the issue of letters of guardianship.

  • Section 3  Court to Set Time for Hearing. Notice Thereof.

    When a petition for the appointment of a general guardian is filed, the court shall fix a time and place for hearing the same, and shall cause reasonable notice thereof to be given to the persons mentioned in the petition residing in the province, including the minor if above 14 years of age and the incompetent himself, and may direct other general or special notice thereof to be given.

  • Section 4  Opposition to Petition.

    Any interested person may, by filing a written opposition, contest the petition on the ground of majority of the alleged minor, competency of the alleged incompetent, or the incompetency of the person for whom letters are prayed, and may pray that the petition be dismissed, or that letters of guardianship issue to himself, or to any competent person named in the opposition.

  • Section 5  Hearing, and Order for Letters to Issue.

    At the hearing of the petition the alleged incompetent must be present if able to attend, and it must be shown that the required notice has been given. Thereupon the court shall hear the evidence of the parties in support of their respective allegations, and, if the person in question is a minor, or incompetent, it shall appoint a competent guardian of his person or estate, or both, with the powers and duties hereinafter specified.

  • Section 6  When and How Guardian for Non-Resident Appointed. Notice.

    When a person liable to be put under guardianship resides without the Philippines but has estate therein, any relative or friend of such person, or any one interested in his state, in expectancy or otherwise, may petition a court having jurisdiction for the appointment of a guardian for the estate, and if, after notice given to such persons and in such manner as the court deems proper, by publication or otherwise, and hearing, the court is satisfied that such nonresident is a minor or incompetent rendering a guardian necessary or convenient, it may appoint a guardian for such estate.

• Rule 95  Bonds of Guardians
  • Section 1  Bond to Be Given before Issuance of Letters. Amount. Conditions.

    Before a guardian appointed enters upon the execution of his trust, or letters of guardianship issue, he shall give a bond, in such sum as the court directs, conditioned as follows:

    • a

      To make and return to the court, within three months, a true and complete inventory of all the estate, real and personal, of his ward which shall come to his possession or knowledge or to the possession of any other person for him;

    • b

      To faithfully execute the duties of his trust, to manage and dispose of the estate according to these rules for the best interests of the ward, and to provide for the proper care, custody, and education of the ward;

    • c

      To render a true and just account of all the estate of the ward in his hands, and of all proceeds or interest derived therefrom, and of the management and the disposition of the same, at the time designated by these rules and such other times as the court directs, and at the expiration of his trust to settle his accounts with the court and deliver and pay over all the estate, effects, and moneys remaining in his hands, or due from him on such settlement, to the person lawfully entitled thereto;

    • d

      To perform all orders of the court by him to be performed.

  • Section 2  When New Bond May Be Required and Old Sureties Discharged.

    Whenever it is deemed necessary, the court may require a new bond to be given by the guardian, and may discharge the sureties on the old bond from further liability, after due notice to interested persons, when no injury can result there from to those interested in the estate.

  • Section 3  Bonds to Be Filed. Actions Thereon.

    Every bond given by a guardian shall be filed in the office of the clerk of the court, and, in case of the breach of a condition thereof, may be prosecuted in the same proceeding or in a separate action for the use and benefit of the ward or of any other person legally interested in the estate.

• Rule 96  Selling and Encumbering Property of Ward
  • Section 1  Petition of Guardian for Leave to Sell or Encumber Estate.

    When the income of an estate under guardianship is insufficient to maintain the ward and his family, or to maintain and educate the ward when a minor, or when it appears that it is for the benefit of the ward that his real estate or some part thereof be sold, or mortgaged or otherwise encumbered, and the proceeds thereof put out at interest, or invested in some productive security, or in the improvement or security of other real estate of the ward, the guardian may present a verified petition to the court by which he was appointed setting forth such facts, and praying that an order issue authorizing the sale or encumbrance.

  • Section 2  Order to show cause thereupon.

    If it seems probable that such sale or encumbrance is necessary, or would be beneficial to the ward, the court shall make an order directing the next of kin of the ward, and all persons interested in the estate, to appear at a reasonable time and place therein specified to show cause why the prayer of the petition should not be granted.

  • Section 3  Hearing on Return of Order. Costs.

    At the time and place designated in the order to show cause, the court shall hear the proofs and allegations of the petitioner and next of kin, and other persons interested, together with their witnesses, and grant or refuse the prayer of the petition as the best interests of the ward require. The court shall make such order as to costs of the hearing as may be just.

  • Section 4  Contents of Order for Sale or Encumbrance, and How Long Effective. Bond.

    If, after full examination, it appears that it is necessary, or would be beneficial to the ward, to sell or encumber the estate, or some portion of it, the court shall order such sale or encumbrance and that the proceeds thereof be expended for the maintenance of the ward and his family, or the education of the ward, if a minor, or for the putting of the same out at interest, or the investment of the same as the circumstances may require. The order shall specify the causes why the sale or encumbrance is necessary or beneficial, and may direct that estate ordered sold be disposed of at either public or private sale, subject to such conditions as to the time and manner of payment, and security where a part of the payment is deferred, as in the discretion of the court are deemed most beneficial to the ward. The original bond of the guardian shall stand as security for the proper appropriation of the proceeds of the sale, but the judge may, if deemed expedient, require an additional bond as a condition for the granting of the order of sale. No order of sale granted in pursuance of this section shall continue in force more than one year after granting the same, without a sale being had.

  • Section 5  Court May Order Investment of Proceeds and Direct Management of Estate.

    The court may authorize and require the guardian to invest the proceeds of sales or encumbrances, and any other of his ward's money in his hands, in real estate or otherwise, as shall be for the best interest of all concerned, and may make such other orders for the management, investment, and disposition of the estate and effects, as circumstances may require.

• Rule 97  General Powers and Duties of Guardians
  • Section 1  To What Guardianship Shall Extend.

    A guardian appointed shall have the care and custody of the person of his ward, and the management of his estate, or the management of the estate only, as the case may be. The guardian of the estate of a non-resident shall have the management of all the estate of the ward within the Philippines, and the court of no other province than that in which such guardian was appointed shall have jurisdiction over the guardianship.

  • Section 2  Guardian to Pay Debts of Ward.

    Every guardian must pay the ward's just debts out of his personal estate and the income of his real estate, if sufficient; if not, then out of his real estate upon obtaining an order for the sale or encumbrance thereof.

  • Section 3  Guardian to Settle Accounts, Collect Debts, and Appear in Actions for Ward.

    A guardian must settle all accounts of his ward, and demand, sue for, and receive all debts due him, or may, with the approval of the court, compound for the same and give discharges to the debtor, on receiving a fair and just dividend of the estate and effects; and he shall appear for and represent his ward in all actions and special proceedings, unless another person be appointed for that purpose.

  • Section 4  Estate to Be Managed Frugally, and Proceeds Applied to Maintenance of Ward.

    A guardian must manage the estate of his ward frugally and without waste, and apply the income and profits thereof, so far as may be necessary, to the comfortable and suitable maintenance of the ward and his family, if there be any; and if such income and profits be insufficient for that purpose, the guardian may sell or encumber the real estate, upon being authorized by order so to do, and apply so much of the proceeds as may be necessary to such maintenance.

  • Section 5  Guardian May Be Authorized to Join in Partition Proceedings after Hearing.

    The court may authorize the guardian to join in an assent to a partition of real or personal estate held by the ward jointly or in common with others, but such authority shall only be granted after hearing, upon such notice to relatives of the ward as the court may direct, and a careful investigation as to the necessity and propriety of the proposed action.

  • Section 6  Proceedings When Person Suspected of Embezzling or Concealing Property of Ward.

    Upon complaint of the guardian or ward, or of any person having an actual or prospective interest in the estate of the ward as creditor, heir, or otherwise, that anyone is suspected of having embezzled, concealed, or conveyed away any money, goods, or interest, or a written instrument, belonging to the ward or his estate, the court may cite the suspected person to appear for examination touching such money goods, interest, or instrument, and make such orders as will secure the estate against such embezzlement, concealment, or conveyance.

  • Section 7  Inventories and Accounts of Guardians, and Appraisement of Estates.

    A guardian must render to the court an inventory of the estate of his ward within three months after his appointment, and annually after such appointment an inventory and account, the rendition of any of which may be compelled upon the application of an interested person. Such inventories and accounts shall be sworn to by the guardian. All the estate of the ward described in the first inventory shall be appraised. In the appraisement the court may request the assistance of one or more of the inheritance tax appraisers. And whenever any property of the ward not included in an inventory already rendered is discovered, or succeeded to, or acquired by the ward, like proceedings shall be had for securing an inventory and appraisement thereof within three months after such discovery, succession, or acquisition.

  • Section 8  When Guardian's Accounts Presented for Settlement. Expenses and Compensation Allowed.

    Upon the expiration of a year from the time of his appointment, and as often thereafter as may be required, a guardian must present his account to the court for settlement and allowance. In the settlement of the account, the guardian shall be allowed the amount of his reasonable expenses incurred in the execution of his trust and also such compensation for his services as the court deems just, not exceeding fifteen per centum of the net income of the ward.

• Rule 98  Termination of Guardianship
  • Section 1  Petition That Competency of Ward Be Adjudged, and Proceedings Thereupon.

    A person who has been declared incompetent for any reason, or his guardian, relative, or friend, may petition the court to have his present competency judicially determined. The petition shall be verified by oath, and shall state that such person is then competent. Upon receiving the petition, the court shall fix a time for hearing the questions raised thereby, and cause reasonable notice thereof to be given to the guardian of the person so declared incompetent, and to the ward. On the trial, the guardian or relatives of the ward, and, in the discretion of the court, any other person, may contest the right to the relief demanded, and witnesses may be called and examined by the parties or by the court on its own motion. If it be found that the person is no longer incompetent, his competency shall be adjudged and the guardianship shall cease.

  • Section 2  When Guardian Removed or Allowed to Resign. New Appointment.

    When a guardian becomes insane or otherwise incapable of discharging his trust or unsuitable therefor, or has wasted or mismanaged the estate, or failed for thirty days after it is due to render an account or make a return, the court may, upon reasonable notice to the guardian, remove him, and compel him to surrender the estate of the ward to the person found to be lawfully entitled thereto. A guardian may resign when it appears proper to allow the same; and upon his resignation or removal the court may appoint another in his place.

  • Section 3  Other Termination of Guardianship.

    The marriage of a minor ward terminates the guardianship of the person of the ward; and the guardian of any person may be discharged by the court when it appears, upon the application of the ward or otherwise, that the guardianship is no longer necessary.

  • Section 4  Certain Matters to Be of Record.

    All petitions presented, notices given, orders to show cause and letters of guardianship issued, inventories and appraisements rendered or made, bonds filed, and orders appointing and removing guardians, or authorizing the sale of property, the investment of the proceeds, or the settlement of accounts, in accordance with the provisions of this title, shall be recorded by the clerk of the court.

• Rule 99  Trustees
  • Section 1  Where Trustee Appointed.

    A trustee necessary to carry into effect the provisions of a will or written instrument shall be appointed by the Court of First Instance in which the will was allowed, if it be a will allowed in the Philippines, otherwise by the Court of First Instance of the province in which the property, or some portion thereof, affected by the trust is situated.

  • Section 2  Appointment and Powers of Trustee under Will. Executor of Former Trustee Need Not Administer Trust.

    If a testator has omitted in his will to appoint a trustee in the Philippines, and if such appointment is necessary to carry into effect the provisions of the will, the proper Court of First Instance may, after notice to all persons interested, appoint a trustee who shall have the same rights, powers, and duties, and in whom the estate shall vest, as if he had been appointed by the testator. No person succeeding to a trust as executor or administrator of a former trustee shall be required to accept such trust.

  • Section 3  Appointment and Powers of New Trustee under Written Instrument.

    When a trustee under a written instrument declines, resigns, dies, or is removed before the objects of the trust are accomplished, and no adequate provision is made in such instrument for supplying the vacancy, the proper Court of First Instance may, after due notice to all persons interested, appoint a new trustee to act alone or jointly with the others, as the case may be. Such new trustee shall have and exercise the same powers, rights, and duties as if he had been originally appointed, and the trust estate shall vest in him in like manner as it had vested, or would have vested, in the trustee in whose place he is substituted; and the court may order such conveyances to be made by the former trustee or his representatives, or by the other remaining trustees, as may be necessary or proper to vest the trust estate in the new trustee, either alone or jointly with the others.

  • Section 4  Appointment of Trustee Where Person Unheard from for Less than Seven Years.

    When a person is absent and not heard from for less than seven years, and his property or any part thereof is in danger of being lost, removed, or materially injured, the proper Court of First Instance may, after due notice to all persons interested, appoint a trustee to assume control of, possess, guard, and manage such property, and to take such other steps to protect the interests of such absent person as the court may direct.

  • Section 5  Proceedings Where Trustee Appointed Abroad.

    When land in the Philippines is held in trust for persons resident here by a trustee who derives his authority from without the Philippines, such trustee shall, on petition filed in the Court of First Instance of the province where the land is situated, and after due notice to all persons interested, be ordered to apply to the court for appointments as trustee; and upon his neglect or refusal to comply with such order, the court shall declare such trust vacant, and shall appoint a new trustee in whom the trust estate shall vest in like manner as if he had been originally appointed by such court.

  • Section 6  Trustee Must File Bond.

    Before entering on the duties of his trust, a trustee shall file with the clerk of the court having jurisdiction of the trust a bond in the amount fixed by the judge of said court, payable to the Government of the Philippines and sufficient and available for the protection of any party in interest, and a trustee who neglects to file such bond shall be considered to have declined or resigned the trust; but the court may until further order exempt a trustee under a will from giving a bond when the testator has directed or requested such exemption, and may so exempt any trustee when all the persons beneficially interested in the trust, being of full age, request the exemption. Such exemption may be cancelled by the court at any time, and the trustee required to forthwith file a bond.

  • Section 7  Conditions Included in Bond.

    The following conditions shall be deemed to be a part of the bond whether written therein or not:

    • a

      That the trustee will make and return to the court, at such time as it may order, a true inventory of all the real and personal estate belonging to him as trustee, which at the time of the making of such inventory shall have come to his possession or knowledge;

    • b

      That he will manage and dispose of all such estate, and faithfully discharge his trust in relation thereto, according to law and the will of the testator or the provisions of the instrument or order under which he is appointed;

    • c

      That he will render upon oath at least once a year until his trust is fulfilled, unless he is excused therefrom in any year by the court, a true account of the property in his hands, and of the management and disposition thereof, and will render such other accounts as the court may order;

    • d

      That at the expiration of his trust he will settle his accounts in court and pay over and deliver all the estate remaining in his hands, or due from him on such settlement, to the person or persons entitled thereto.

    • But when the trustee is appointed as a successor to a prior trustee, the court may dispense with the making and return of an inventory, and in such case the condition of the bond shall be deemed to be altered accordingly.

  • Section 8  Appraisal. Compensation of Trustee.

    When an inventory is required to be returned by a trustee, the estate and effects belonging to the trust shall be appraised and the court may order one or more of inheritance tax appraisers to assist in the appraisement. The compensation of the trustee shall be fixed by the court, if it be not determined in the instrument creating the trust.

  • Section 9  Removal or Resignation of Trustee.

    The proper Court of First Instance may, upon petition of the parties beneficially interested and after due notice to the trustee and hearing, remove a trustee if such removal appears essential in the interests of the petitioners. The court may also, after due notice to all persons interested, remove a trustee who is insane or otherwise incapable of discharging his trust or evidently unsuitable therefor. A trustee, whether appointed by the court or under a written instrument, may resign his trust if it appears to the court proper to allow such resignation.

  • Section 10  Proceedings for Sale or Encumbrance of Trust Estate.

    When the sale or encumbrance of any real or personal estate held in trust is necessary or expedient, the court having jurisdiction of the trust may, on petition and after due notice and hearing, order such sale or encumbrance to be made, and the reinvestment and application of the proceeds thereof in such manner as will best effect the objects of the trust. The petition, notice, hearing, order of sale or encumbrance, and record of proceedings, shall conform as nearly as may be to the provisions concerning the sale or encumbrance by guardians of the property of minors or other wards.

• Rule 100  Adoption and Custody of Minors
  • Section 1  Venue.

    A person desiring to adopt or have the custody of a minor shall present his petition to the Court of First Instance of the province in which he resides.

  • Section 2  Who May Petition for Adoption of Minor.

    A petition for leave to adopt a minor child may be filed by an unmarried resident of the Philippines, the resident husband of the mother of the child, or a resident husband and wife jointly. But every such petitioner must be of age and nothing in this rule contained shall authorize a guardian to adopt his ward before the termination of the guardianship and the final settlement and approval of his accounts as guardian.

  • Section 3  Consent to Adoption.

    There shall be filed with the petition a written consent to the adoption signed by the child, if over fourteen years of age and not incompetent, and by each of its known living parents who is not insane or hopelessly intemperate or has not abandoned such child, or if there are no such parents by the general guardian or guardian ad litem of the child, or if the child is in the custody of an orphan asylum, children's home, or benevolent society or person, by the proper officer or officers of such asylum, home, or society, or by such person; but if the child is illegitimate and has not been recognized, the consent of its father to the adoption shall not be required.

  • Section 4  Order for Hearing.

    If the petition and consent filed are sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, which date shall not be more than six months after the entry of the order, and shall direct that a copy of the order be published before the hearing at least once a week for three successive weeks in some newspaper of general circulation published in the province, or in the Official Gazette, as the court shall deem best.

  • Section 5  Hearing and Judgment.

    Upon satisfactory proof in open court on the date fixed in the order that such order has been published as directed, that the allegations of the petition are true, and that it is a proper case for adoption and the petitioner or petitioners are able to bring up and educate the child properly, the court shall adjudge that thenceforth the child is freed from all legal obligations of obedience and maintenance with respect to its natural parents, except the mother when the child is adopted by her husband, and is, to all legal intents and purposes, the child of the petitioner or petitioners, and that its surname is changed to that of the petitioner or petitioners. The child shall thereupon become the legal heir of its parents by adoption, and shall also remain the legal heir of its natural parents. In case of the death of the child, his parents and relatives by nature, and not by adoption, shall be his legal heirs, except as to property received or inherited by the adopted child from either of his parents by adoption, which shall become the property of the latter or their legitimate relatives, who shall participate in the order established by the Civil Code for intestate estates.

  • Section 6  Proceedings as to Child Whose Parents Are Separated. Appeal.

    When husband and wife are divorced or living separately and apart from each other, and the question as to the care, custody, and control of a child or children of their marriage is brought before a Court of First Instance by petition or as an incident to any other proceeding, the court, upon hearing the testimony of either or both parents, and such other testimony as may be pertinent, shall award the care, custody, and control of each such child as will be for its best interest, permitting the child to choose which parent it prefers to live with if it be over ten years of age, unless the parent so chosen be unfit to take charge of the child by reason of moral depravity, habitual drunkenness, incapacity, or poverty. If, upon such hearing, it appears that both parents are improper persons to have the care, custody, and control of the child, the court may either designate some reputable and discreet person to take charge of such child, or commit it to any suitable asylum, children's home, or benevolent society. The court may in conformity with the provisions of the Civil Code order either or both parents to support or help support said child, irrespective of who may be its custodian, and may make any order that is just and reasonable permitting the parent who is deprived of its care and custody to visit the child or have temporary custody thereof. Either parent may appeal from an order made in accordance with the provisions of this section.

  • Section 7  Proceedings as to Vagrant or Abused Child.

    When the parents of any minor child are dead, or by reason of long absence or legal or physical disability have abandoned it, or cannot support it through vagrancy, negligence, or misconduct, or neglect or refuse to support it, or unlawfully beat or otherwise habitually maltreat it, or cause or allow it to engage in common begging, or to commit offenses against the law, the proper Court of First Instance, upon petition filed by some reputable resident of the province setting forth the facts, may issue an order requiring such parents to show cause, or, if the parents are dead or cannot be found, requiring the fiscal of the province to show cause, at a time and place fixed in the order, why the child should not be taken from its parents, if living; and if upon hearing it appears that the allegations of the petition are true, and that it is for the best interest of the child, the court may make an order taking it from its parents, if living, and committing it to any suitable orphan asylum, children's home, or benevolent society or person, to be ultimately placed, by adoption or otherwise, in a home found for it by such asylum, children's home, society, or person.

  • Section 8  When Minor May Petition to Set Aside Adoption.

    A minor adopted in accordance with the provisions of this rule may petition the court to set the adoption aside, and for such other relief in the premises as may be just, within the four years following his majority, or if he was incompetent at the time of the adoption, within the four years following his recovery from such incompetency.

• Rule 101  Proceeding for Hospitalization of Insane Persons
  • Section 1  Venue. Petition for Commitment.

    A petition for the commitment of a person to a hospital or other place for the insane may be filed with the Court of First Instance of the province where the person alleged to be insane is found. The petition shall be filed by the Director of Health in all cases where, in his opinion, such commitment is for the public welfare, or for the welfare of said person who, in his judgment, is insane, and such person or the one having charge of him is opposed to his being taken to a hospital or other place for the insane.

  • Section 2  Order for Hearing.

    If the petition filed is sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix a date for the hearing thereof, and copy of such order shall be served on the person alleged to be insane, and to the one having charge of him, or on such of his relatives residing in the province or city as the judge may deem proper. The court shall furthermore order the sheriff to produce the alleged insane person, if possible, on the date of the hearing.

  • Section 3  Hearing and Judgment.

    Upon satisfactory proof, in open court on the date fixed in the order, that the commitment applied for is for the public welfare or for the welfare of the insane person, and that his relatives are unable for any reason to take proper custody and care of him, the court shall order his commitment to such hospital or other place for the insane as may be recommended by the Director of Health. The court shall make proper provisions for the custody of property or money belonging to the insane until a guardian be properly appointed.

  • Section 4  Discharge of Insane.

    When, in the opinion of the Director of Health, the person ordered to be committed to a hospital or other place for the insane is temporarily or permanently cured, or may be released without danger he may file the proper petition with the Court of First Instance which ordered the commitment.

  • Section 5  Assistance of Fiscal in the Proceeding.

    It shall be the duty of the provincial fiscal or in the City of Manila the fiscal of the City, to prepare the petition for the Director of Health and represent him in court in all proceedings arising under the provisions of this chapter.

• Rule 102  Habeas Corpus
  • Section 1  To What Habeas Corpus Extends.

    Except as otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto.

  • Section 2  Who May Grant the Writ.

    The writ of habeas corpus may be granted by the Supreme Court, or any member thereof, on any day and at any time, or by the Court of Appeals or any member thereof in the instances authorized by law, and if so granted it shall be enforceable anywhere in the Philippines, and may be made returnable before the court or any member thereof, or before a Court of First Instance, or any judge thereof. It may also be granted by a Court of First Instance, or a judge thereof, on any day and at any time, and returnable before himself, enforceable only within his judicial district.

  • Section 3  Requisites of Application Therefor.

    Application for the writ shall be by petition signed and verified either by the party for whose relief it is intended, or by some person on his behalf, and shall set forth:

    • a

      That the person in whose behalf the application is made is imprisoned or restrained of his liberty;

    • b

      The officer or name of the person by whom he is so imprisoned or restrained; or, if both are unknown or uncertain, such officer or person may be described by an assumed appellation, and the person who is served with the writ shall be deemed the person intended;

    • c

      The place where he is so imprisoned or restrained, if known;

    • d

      A copy of the commitment or cause of detention of such person, if it can be procured without impairing the efficiency of the remedy; or, if the imprisonment or restraint is without any legal authority, such fact shall appear.

  • Section 4  When Writ Not Allowed or Discharge Authorized.

    If it appears that the person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or judge, or by virtue of a judgment or order of a court of record, and that the court or judge had jurisdiction to issue the process, render the judgment, or make the order, the writ shall not be allowed; or if the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgement, or order. Nor shall anything in this rule be held to authorize the discharge of a person charged with or convicted of an offense in the Philippines, or of a person suffering imprisonment under lawful judgment.

  • Section 5  When the Writ Must Be Granted and Issued.

    A court or judge authorized to grant the writ must, when a petition therefor is presented and it appears that the writ ought to issue, grant the same forthwith, and immediately thereupon the clerk of the court shall issue the writ under the seal of the court; or in case of emergency, the judge may issue the writ under his own hand, and may depute any officer or person to serve it.

  • Section 6  To Whom Writ Directed, and What to Require.

    In case of imprisonment or restraint by an officer, the writ shall be directed to him, and shall command him to have the body of the person restrained of his liberty before the court or judge designated in the writ at the time and place therein specified. In case of imprisonment or restraint by a person not an officer, the writ shall be directed to an officer, and shall command him to take and have the body of the person restrained of his liberty before the court or judge designated in the writ at the time and place therein specified, and to summon the person by whom he is restrained then and there to appear before said court or judge to show the cause of the imprisonment or restraint.

  • Section 7  How Prisoner Designated and Writ Served.

    The person to be produced should be designated in the writ by his name, if known, but if his name is not known he may be otherwise described or identified. The writ may be served in any province by the sheriff or other proper officer, or by a person deputed by the court or judge. Service of the writ shall be made by leaving the original with the person to whom it is directed and preserving a copy on which to make return of service. If that person cannot be found, or has not the prisoner in his custody, then the service shall be made on any other person having or exercising such custody.

  • Section 8  How Writ Executed and Returned.

    The officer to whom the writ is directed shall convey the person so imprisoned or restrained, and named in the writ, before the judge allowing the writ, or, in case of his absence or disability, before some other judge of the same court, on the day specified in the writ, unless, from sickness or infirmity of the person directed to be produced, such person cannot, without danger, be brought before the court or judge; and the officer shall make due return of the writ, together with the day and the cause of the caption and restraint of such person according to the command thereof.

  • Section 9  Defect of Form.

    No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is held and the court or judge before whom he is to be brought.

  • Section 10  Contents of Return.

    When the person to be produced is imprisoned or restrained by an officer, the person who makes the return shall state therein, and in other cases the person in whose custody the prisoner is found shall state, in writing to the court or judge before whom the writ is returnable, plainly and unequivocably:

    • a

      Whether he has or has not the party in his custody or power, or under restraint;

    • b

      If he has the party in his custody or power, or under restraint, the authority and the true and whole cause thereof, set forth at large, with a copy of the writ, order, execution, or other process, if any, upon which the party is held;

    • c

      If the party is in his custody or power or is restrained by him, and is not produced, particularly the nature and gravity of the sickness or infirmity of such party by reason of which he cannot, without danger, be brought before the court or judge;

    • d

      If he has had the party in his custody or power, or under restraint, and has transferred such custody or restraint to another, particularly to whom, at what time, for what cause, and by what authority such transfer was made.

  • Section 11  Return to Be Signed and Sworn to.

    The return or statement shall be signed by the person who makes it; and shall also be sworn to by him if the prisoner is not produced, and in all other cases unless the return is made and signed by a sworn public officer in his official capacity.

  • Section 12  Hearing on Return. Adjournments.

    When the writ is returned before one judge, at a time when the court is in session, he may forthwith adjourn the case into the court, there to be heard and determined. The court or judge before whom the writ is returned or adjourned must immediately proceed to hear and examine the return, and such other matters as are properly submitted for consideration, unless for good cause shown the hearing is adjourned, in which event the court or judge shall make such order for the safekeeping of the person imprisoned or restrained as the nature of the case requires. If the person imprisoned or restrained is not produced because of his alleged sickness or infirmity, the court or judge must be satisfied that it is so grave that such person cannot be produced without danger, before proceeding to hear and dispose of the matter. On the hearing the court or judge shall disregard matters of form and technicalities in respect to any warrant or order of commitment of a court or officer authorized to commit by law.

  • Section 13  When the Return Evidence, and When Only a Plea.

    If it appears that the prisoner is in custody under a warrant of commitment in pursuance of law, the return shall be considered prima facie evidence of the cause of restraint; but if he is restrained of his liberty by any alleged private authority, the return shall be considered only as a plea of the facts therein set forth, and the party claiming the custody must prove such facts.

  • Section 14  When Person Lawfully Imprisoned Recommitted, and When Let to Bail.

    If it appears that the prisoner was lawfully committed, and is plainly and specifically charged in the warrant of commitment with an offense punishable by death, he shall not be released, discharged, or bailed. If he is lawfully imprisoned or restrained on a charge of having committed an offense not so punishable, he may be recommitted to imprisonment or admitted to bail in the discretion of the court or judge. If he be admitted to bail, he shall forthwith file a bond in such sum as the court or judge deems reasonable, considering the circumstances of the prisoner and the nature of the offense charged, conditioned for his appearance before the court where the offense is properly cognizable to abide its order or judgment; and the court or judge shall certify the proceedings, together with the bond, forthwith to the proper court. If such bond is not so filed, the prisoner shall be recommitted to confinement.

  • Section 15  When Prisoner Discharged if No Appeal.

    When the court or judge has examined into the cause of caption and restraint of the prisoner, and is satisfied that he is unlawfully imprisoned or restrained, he shall forthwith order his discharge from confinement but such discharge shall not be effective until a copy of the order has been served on the officer or person detaining the prisoner. If the officer or person detaining the prisoner does not desire to appeal, the prisoner shall be forthwith released.

  • Section 16  Penalty for Refusing to Issue Writ, or for Disobeying the Same.

    A clerk of a court who refuses to issue the writ after allowance thereof and demand therefor, or a person to whom a writ is directed, who neglects or refuses to obey or make return of the same, according to the command thereof, or makes false return thereof, or who, upon demand made by or on behalf of the prisoner, refuses to deliver to the person demanding, within six hours after the demand therefor, a true copy of the warrant or order of commitment, shall forfeit to the party aggrieved the sum of one thousand pesos, to be recovered in the proper action, and may also be punished by the court or judge as for contempt.

  • Section 17  Person Discharged Not to Be Again Imprisoned.

    A person who is set at liberty upon a writ of habeas corpus shall not be again imprisoned for the same offense unless by the lawful order or process of a court having jurisdiction of the cause or offense; and a person who knowingly, contrary to the provisions of this rule, recommits or imprisons, or causes to be committed or imprisoned, for the same offense, or pretended offense, any person so set at liberty, or knowingly aids or assists therein, shall forfeit to the party aggrieved the sum of one thousand pesos, to be recovered in a proper action, notwithstanding any colorable pretense or variation in the warrant of commitment, and may also be punished by the court or judge granting the writ as for contempt.

  • Section 18  When Prisoner May Be Removed from One Custody to Another.

    A person committed to prison, or in custody of an officer, for any criminal matter, shall not be removed therefrom into the custody of another officer unless by legal process, or the prisoner be delivered to an inferior officer to carry to jail, or, by order of the proper court or judge, be removed from one place to another within the Philippines for trial, or in case of fire, epidemic, insurrection, or other necessity or public calamity; and a person who, after such commitment, makes, signs, or countersigns any order for such removal contrary to this section, shall forfeit to the party aggrieved the sum of one thousand pesos, to be recovered in a proper action.

  • Section 19  Record of Writ, Fees and Costs.

    The proceedings upon a writ of habeas corpus shall be recorded by the clerk of the court, and upon the final disposition of such proceedings the court or judge shall make such order as to costs as the case requires. The fees of officers and witnesses shall be included in the costs taxed, but no officer or person shall have the right to demand payment in advance of any fees to which he is entitled by virtue of the proceedings. When a person confined under color of proceedings in a criminal case is discharged, the costs shall be taxed against the Government of the Philippines, and paid out of its Treasury; when a person in custody by virtue or under color of proceedings in a civil case is discharged, the costs shall be taxed against him, or against the person who signed the application for the writ, or both, as the court shall direct.

• Rule 103  Change of Name
  • Section 1  Venue.

    A person desiring to change his name shall present the petition to the Court of First Instance of the province in which he resides.

  • Section 2  Contents of Petition.

    A petition for change of name shall be signed and verified by the person desiring his name changed, or some other person on his behalf, and shall set forth:

    • a

      That the petitioner has been a bona fide resident of the province where the petition is filed for at least three years prior to the date of such filing;

    • b

      The cause for which the change of the petitioner's name is sought;

    • c

      The name asked for.

  • Section 3  Order for Hearing.

    If the petition filed is sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, and shall direct that a copy of the order be published before the hearing at least once a week for three successive weeks in some newspaper of general circulation published in the province, or in the Official Gazette, as the court shall deem best. The date set for the hearing shall not be within thirty days prior to an election nor within four months after the last publication of the notice.

  • Section 4  Hearing.

    Any interested person may appear at the hearing and oppose the petition. The Solicitor-General or the proper provincial fiscal shall appear on behalf of the Government of the Republic.

  • Section 5  Judgment.

    Upon satisfactory proof in open court on the date fixed in the order that such order has been published as directed and that the allegations of the petition are true, the court shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge that such name be changed in accordance with the prayer of the petition.

• Rule 104  Voluntary Dissolution of Corporation
  • Section 1  Where, by Whom, and on What Showing Application Made.

    The Court of First Instance of the province where the principal office of a corporation is situated may dissolve it upon the filing of a petition therefor signed by a majority of its board of directors or other officers having the management of its affairs, verified by its president or secretary or one of its directors, and setting forth all claims and demands against it, and that at a meeting of its members or stockholders called for that purpose its dissolution was resolved upon by a majority of the members, or, if a stock corporation, by the affirmative vote of the stockholders holding or representing two-thirds of all shares of stock issued or subscribed.

  • Section 2  Order Thereupon for Filing Objections.

    If the petition is sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix a date on or before which objections thereto may be filed by any person, which date shall not be less than thirty nor more than sixty days after the entry of the order. Before such date a copy of the order shall be published at least once a week for four successive weeks in some newspaper of general circulation published in the municipality or city where the principal office of the corporation is situated, or, if there be no such newspaper, then in some newspaper of general circulation in the Philippines, and a similar copy shall be posted for four weeks in three public places in such municipality or city.

  • Section 3  Hearing, Dissolution, and Disposition of Assets. Receiver.

    Upon five days' notice given after the date on which the right to file objections as fixed in the order expired, the court shall proceed to hear the petition and try any issue made by objection filed; and if no such objection is sufficient, and the material allegations of the petition are true, it shall render judgment dissolving the corporation and directing such disposition of its assets as justice requires, and may appoint a receiver to collect such assets and pay the debts of the corporation.

  • Section 4  What Shall Constitute Record.

    The petition, orders, proof of publication and posting, objections filed, declaration of dissolution, and any evidence taken, shall constitute the record in the case.

• Rule 105  Appeals in Special Proceedings
  • Section 1  Orders or Judgments from Which Appeals May Be Taken.

    An interested person may appeal in special proceedings from an order or judgment rendered by a Court of First Instance, where such order or judgment:

    • a

      Allows or disallows a will;

    • b

      Determines who are the lawful heirs of a deceased person, or the distributive share of the estate to which such person is entitled;

    • c

      Allows or disallows, in whole or in part, any claim against the estate of a deceased person, or any claim presented on behalf of the estate in offset to a claim against it;

    • d

      Settles the account of an executor, administrator, trustee or guardian;

    • e

      Constitutes, in proceedings relating to the settlement of the estate of a deceased person, or the administration of a trustee or guardian, a final determination in the lower court of the rights of the party appealing, except that no appeal shall be allowed from the appointment of a special administrator; and

    • f

      Is the final order or judgment rendered in the case, and affects the substantial rights of the person appealing unless it be an order granting or denying a motion for a new trial or hearing.

• Section 1  Commencement of Criminal Action.

  All criminal actions must be commenced either by complaint or information in the name of the People of the Philippines against all persons who appear to be responsible therefor.

• Section 2  Complaint Defined.

  Complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other employee of the government or governmental institution in charge of the enforcement or execution of the law violated.

• Section 3  Information Defined.

  An information is an accusation in writing charging a person with an offense subscribed by the fiscal and filed with the court.

• Section 4  Who Must Prosecute Criminal Actions.

  All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of the fiscal.

• Section 5  Sufficiency of Complaint or Information.

  A complaint or information is sufficient if it states the name of the defendant; the designation of the offense by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate time of the commission of the offense, and the place wherein the offense was committed.

  • When an offense is committed by more than one person, all of them shall be included in the complaint or information.

• Section 6  Name of the Defendant.

  A complaint or information must state the name and surname of the defendant or any appellation or nickname by which he has been or is known, or if his name cannot be discovered he must be described under a fictitious name with a statement that his true name is unknown.

  • If in the course of the proceeding the true name of the defendant is disclosed by him, or appears in some other manner to the court, the court shall cause the true name of the defendant to be inserted in the complaint or information and record.

• Section 7  Designation of the Offense.

  Whenever possible, a complaint or information should state the designation given to the offense by the statute, besides the statement of the acts or omissions constituting the same, and if there is no such designation, reference should be made to the section or subsection of the statute punishing it.

• Section 8  Cause of Accusation.

  The acts or omissions complained of as constituting the offense must be stated in ordinary and concise language without repetition, not necessarily in the terms of the statute defining the offense, but in such form as is sufficient to enable a person of common understanding to know what offense is intended to be charged, and enable the court to pronounce proper judgment.

• Section 9  Place of the Commission of the Offense.

  The complaint or information is sufficient if it can be understood therefrom that the offense was committed or some of the essential ingredients thereof occurred at some place within the jurisdiction of the court, unless the particular place wherein it was committed constitutes an essential element of the offense or is necessary for identifying the offense charged.

• Section 10  Time of the Commission of the Offense.

  It is not necessary to state in the complaint or information the precise time at which the offense was committed except when time is a material ingredient of the offense, but the act may be alleged to have been committed at any time as near to the actual date at which the offense was committed as the information or complaint will permit.

• Section 11  Name of the Offended Party.

  A complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known, and if there is no better way of identifying him, he must be described under a fictitious name.

  • a

    In case of offenses against property, if the name of the offended party is unknown, the property, subject-matter of the offense, must be described with such particularity as to properly identify the particular offense charged.

  • b

    If in the course of the trial the true name of the person against whom or against whose property the offense was committed is disclosed or ascertained, the court must cause the true name to be inserted in the complaint or information, or record.

  • c

    If the offended party is a corporation or any other juridical person, it is sufficient to state the name of such corporation or juridical person, or any name or designation by which it has been or is known, or by which it may be identified, without necessity of averring that it is a corporation, or that it is organized in accordance with law.

• Section 12  Duplicity of Offense.

  A complaint or information must charge but one offense, except only in those cases in which existing laws prescribe a single punishment for various offenses.

• Section 13  Amendment.

  The information or complaint may be amended, in substance or form, without leave of court, at any time before the defendant pleads; and thereafter and during the trial as to all matters of form, by leave and at the discretion of the court, when the same can be done without prejudice to the rights of the defendant.

  • If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court may dismiss the original complaint or information and order the filing of a new one charging the proper offense, provided the defendant would not be placed thereby in double jeopardy, and may also require the witnesses to give bail for their appearance at the trial.

• Section 14  Place Where Action Is to Be Instituted.
  • a

    In all criminal prosecutions the action shall be instituted and tried in the court of the municipality or province wherein the offense was committed or any one of the essential ingredients thereof took place.

  • b

    Where an offense is committed on a railroad train, in an aircraft, or in any other public or private vehicle while in the course of its trip, the criminal action may be instituted and tried in the court of any municipality or province through which such train, aircraft or other vehicle passed during such trip.

  • c

    Where an offense is committed on board a vessel registered or licensed in accordance with the laws of the Philippines, in the course of its voyage, the criminal action may be instituted and tried in the proper court of the first port of entry or of any municipality or province through which the vessel passed during such voyage.

• Section 15  Intervention of the Offended Party in Criminal Action.

  Unless the offended party has waived the civil action or expressly reserved the right to institute it after the termination of the criminal case, and subject to the provisions of section 4 hereof, he may intervene, personally or by attorney, in the prosecution of the offense.

• Section 1  Rules Governing Civil Actions Arising from Offenses.

  Except as otherwise provided by law, the following rules shall be observed:

  • a

    When a criminal action is instituted, the civil action for recovery of civil liability arising from the offense charged is impliedly instituted with the criminal action, unless the offended party expressly waives the civil action or reserves his right to institute it separately;

  • b

    Criminal and civil actions arising from the same offense may be instituted separately, but after the criminal action has been commenced the civil action cannot be instituted until final judgment has been rendered in the criminal action;

  • c

    After a criminal action has been commenced, no civil action arising from the same offense can be prosecuted; and the same shall be suspended, in whatever stage it may be found, until final judgment in the criminal proceeding has been rendered;

  • d

    Extinction of the penal action does not carry with it extinction of the civil, unless the extinction proceeds from a declaration in a final judgment that the fact from which the civil might arise did not exist. In the other cases, the person entitled to the civil action may institute it in the jurisdiction and in the manner provided by law against the person who may be liable for restitution of the thing and reparation or indemnity for the damages suffered;

  • e

    A final judgment rendered in a civil action absolving the defendant from civil liability, is no bar to a criminal action.

• Section 1  Preliminary Investigation.

  Preliminary investigation is a previous inquiry or examination made before the arrest of the defendant by the judge or officer authorized to conduct the same, with whom a complaint or information has been filed imputing the commission of an offense cognizable by the Court of First Instance, for the purpose of determining whether there is a reasonable ground to believe that an offense has been committed and the defendant is probably guilty thereof, so as to issue a warrant of arrest and to hold him for trial.

• Section 2  Officers Authorized to Conduct Preliminary Investigation.

  Every justice of the peace, municipal judge or city fiscal shall have jurisdiction to conduct preliminary investigation of all offenses alleged to have been committed within his municipality or city, cognizable by the Court of First Instance.

  • The justice of the peace of the provincial capital or of the municipality in which the provincial jail is located, when directed by an order of the Court of First Instance, shall have jurisdiction to conduct such preliminary investigation of any offense committed anywhere within his province at the expense of the municipality wherein the same was committed.

• Section 3  Preliminary Investigation by the Municipal Mayor.

  In case of temporary absence of both the justice of the peace and the auxiliary justice from the municipality, town, or place wherein they exercise their jurisdiction, the municipal mayor shall make the preliminary investigation in criminal cases when such investigation cannot be delayed without prejudice to the interest of justice. He shall make a report of any preliminary investigation so made to the justice of the peace or to the auxiliary justice immediately upon the return of one or the other. He shall have authority in such cases to order the arrest of the defendant and to grant him bail in the manner and cases provided for in Rule 110.

• Section 4  Investigation by the Judge of the Court of First Instance.

  Upon complaint or information filed directly with the Court of First Instance, the judge thereof shall conduct a preliminary investigation in the manner provided in the following sections, and should he find a reasonable ground to believe that the defendant has committed the offense charged, he shall issue a warrant for his arrest and try the case on the merits.

• Section 5  Summoning Witnesses.

  Every person making complaint charging the commission of an offense must inform the judge or the corresponding officer of all persons whom he believes to have any knowledge of its commission; the said judge or officer shall issue subpoena for such persons, requiring them to attend at a specified time and place as witnesses.

• Section 6  Duty of Judge or Corresponding Officer in Preliminary Investigation.

  The justice of the peace or the officer who is to conduct the preliminary investigation must take under oath, either in the presence or absence of the defendant, the testimony of the complainant and the witnesses to be presented by him or by the fiscal, but only the testimony of the complainant shall be reduced to writing. He shall, however, make an abstract or brief statement of the substance of the testimony of the other witnesses.

• Section 7  Warrant of Arrest, When Issued.

  If the judge be satisfied from the preliminary investigation conducted by him that the offense complained of has been committed and that there is reasonable ground to believe that the defendant has committed it, he must issue a warrant or order for his arrest.

• Section 8  Admission to Bail When Arrest Occurs Outside of the Jurisdiction of the Court.

  Upon issuing the order of arrest, the judge shall ascertain whether the defendant is within or without his jurisdiction. In the latter case, if the offense charged in the complaint or information is one which admits bail, he shall issue an order fixing the amount thereof and authorizing any justice of the peace or Judge of a Court of First Instance where the defendant may be found or arrested to accept such bail. The officer making the arrest shall take him before a judge or other official of such province having authority to admit to bail, who shall admit the defendant to bail for his appearance before the judge who issued the warrant, and release him, and inform the judge who issued the order of arrest of his action, forwarding the papers in the case.

• Section 9  Procedure When Bail Not Given or When Offense Admits No Bail.

  If the offense charged in the complaint is not bailable, or if on the admission to bail of the person arrested as provided in section 8, bail is not forthwith given, the officer who made the arrest shall take the person arrested before the judge or before some other person in authority, who issued the warrant as directed therein.

• Section 10  When Summons Instead of Warrant of Arrest Issued.

  When the defendant is charged with violation of some law or ordinance and the penalty provided for such violation is arresto menor or imprisonment for not over one month or a fine of not more than two hundred pesos or both, the judge with whom the complaint or information is filed, shall not issue any warrant or order for the arrest of the defendant, but shall order the latter to appear on the day and hour fixed in the order to answer to the complaint or information, unless the defendant is a recidivist, or fugitive from justice, or is charged with physical injuries, or does not reside in the place where the violation of the law or ordinance was committed, or has no known residence. But the judge may order that a defendant charged with such offense be arrested and not released except upon furnishing bail.

• Section 11  Rights of Defendant after Arrest.

  After the arrest of the defendant and his delivery to the court, he shall be informed of the complaint or information filed against him. He shall also be informed of the substance of the testimony and evidence presented against him, and, if he desires to testify or to present witnesses or evidence in his favor, he may be allowed to do so. The testimony of the witnesses need not be reduced to writing but that of the defendant shall be taken in writing and subscribed by him.

• Section 12  Sending for Attorney.

  At any time during the proceedings referred to in the preceding section the defendant, if he so requests, shall be allowed to have the services of an attorney. For this purpose, the judge or corresponding officer may require any peace officer to deliver any message from the defendant to any attorney requesting the latter's services.

• Section 13  Transmission of Abstract.

  Upon the conclusion of the preliminary investigation, the judge or corresponding officer shall transmit without delay to the clerk of the Court of First Instance having jurisdiction of the offense (a) the warrant, if the arrest was by virtue of a warrant; (b) an abstract of the testimony of the witnesses; (c) the undertaking or bail of the defendant, and (d) the person of the defendant if not on bail.

• Section 1  Definition of Arrest.

  Arrest is the taking of a person into custody in order that he may be forthcoming to answer for the commission of an offense.

• Section 2  Arrest - How Made.

  An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.

  • No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subject to any greater restraint than is necessary for his detention.

• Section 3  Execution of Warrant.

  It shall be the duty of an officer to whom the warrant of arrest is delivered to arrest the defendant and without unnecessary delay take the person arrested before the judge or before some other person in authority who issued the warrant as directed therein.

• Section 4  Execution of Warrant Outside of the Province.

  Warrant of arrest issued by the justice of the peace cannot be served or executed outside his province, unless the Judge of the Court of First Instance of the district or, in his absence, the provincial fiscal shall certify that in his opinion the interest of justice requires such service. Warrant issued by the Judge of the Court of First Instance or of any other superior court may be secured or executed anywhere within the Philippines.

• Section 5  Arrest upon Order of a Judge.

  When an offense is committed in the presence of a judge, he may, by an oral or written order, command any person immediately to arrest the offender, and may thereupon proceed as though the offender had been brought before him on a warrant of arrest.

• Section 6  Arrest without Warrant - When Lawful.

  A peace officer or a private person may, without a warrant, arrest a person:

  • a

    When the person to be arrested has committed, is actually committing, or is about to commit an offense in his presence;

  • b

    When an offense has in fact been committed, and he has reasonable ground to believe that the person to be arrested has committed it;

  • c

    When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another.

• Section 7  Time of Making Arrest.

  An arrest may be made on any day and at any time of the day or night.

• Section 8  Method of Arrest by Officer by Virtue of Warrant.

  When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.

• Section 9  Method of Arrest by Officer without Warrant.

  When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest.

• Section 10  Method of Arrest by Private Person.

  A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.

• Section 11  Officer May Summon Assistance.

  Any officer making a lawful arrest may orally summon as many persons as he deems necessary to aid him in making the arrest. Every person so summoned by an officer shall aid him in the making of such arrest, when he can render such aid without detriment to himself.

• Section 12  Right of Officer to Break into Building.

  An officer, in order to make an arrest either by virtue of a warrant, or when authorized to make such arrest for an offense without a warrant, as provided in section 6, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after he has announced his authority and purpose.

• Section 13  Right to Break Door or Window to Effect Release.

  Whenever an officer or private person has entered a building in accordance with the provisions of the preceding section, he may break open a door or window of the building, if detained therein, when necessary for the purpose of liberating himself.

• Section 14  Right to Break into Building in Order to Effect Release of Person Making Arrest Detained Therein.

  A peace officer or a private person may break open a door or window of any building when necessary for the purpose of liberating a person who entered the building in accordance with the provisions of section 12 and is detained therein.

• Section 15  Arrest after Escape or Rescue.

  If a person lawfully arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him without a warrant at any time and in any place within the Philippines.

• Section 16  Method of Recapture.

  To retake the person escaping or rescued, the person from whose custody he escaped who is lawfully pursuing may use the same means as are authorized for an arrest.

• Section 17  Duty of Officer after Arrest without Warrant.

  Any person making arrest for legal ground shall, without unnecessary delay and within the time prescribed in the Revised Penal Code, take the person arrested to the proper court or judge for such action as they may deem proper to take.

• Section 18  Right of Attorney to Visit Person Arrested.

  Any attorney entitled to practice in the courts of the Philippines shall, at the request of the person arrested or of another acting in his behalf, be permitted to visit and confer privately with such person, in the jail or any other place of custody at any hour of the day or, in urgent cases, of the night.

• Section 1  Bail Defined.

  Bail is the security required and given for the release of a person who is in the custody of the law, that he will appear before any court in which his appearance may be required as stipulated in the bail bond or recognizance.

• Section 2  Condition of the Bail.

  The condition of the bail is that the defendant shall answer the complaint or information in the court in which it is filed or to which it may be transferred for trial, and after conviction, if the case is appealed to the Court of First Instance upon application supported by an undertaking or bail, that he will surrender himself in execution of such judgment as the appellate court may render, or that, in case the cause is to be tried anew or remanded for a new trial, he will appear in the court to which it may be remanded and submit himself to the orders and processes thereof.

• Section 3  Offenses Less than Capital before Conviction by the Court of First Instance.

  After judgment by a justice of the peace and before conviction by the Court of First Instance, the defendant shall be admitted to bail as of right.

• Section 4  Noncapital Offenses after Conviction by the Court of First Instance.

  After conviction by the Court of First Instance, defendant may, upon application, be bailed at the discretion of the court.

• Section 5  Capital Offenses Defined.

  A capital offense, as the term is used in this rule, is an offense which, under the law existing at the time of its commission, and at the time of the application to be admitted to bail, may be punished by death.

• Section 6  Capital Offense Not Bailable.

  No person in custody for the commission of a capital offense shall be admitted to bail if the evidence of his guilt is strong.

• Section 7  Capital Offense - Burden of Proof.

  On the hearing of an application for admission to bail made by any person who is in custody for the commission of a capital offense, the burden of showing that evidence of guilt is strong is on the prosecution.

• Section 8  Notice of Application to Fiscal.

  When admission to bail is a matter of discretion, the court must require that reasonable notice of the hearing of the application for bail be given to the fiscal.

• Section 9  Qualifications of Sureties.

  The necessary qualifications of sureties to a bail bond shall be as follows:

  • a

    Each of them must be a resident householder or freeholder within the Philippines;

  • b

    In case there are only two sureties, each must be worth the amount specified in the undertaking over and above all just debts, obligations and property exempt from execution; but the court may allow more than two sureties to justify severally in amounts less than that expressed in the undertaking, if the entire sum justified to is equivalent to the whole amount of bail demanded.

• Section 10  Justification of Sureties.

  The sureties must in all cases justify by affidavit taken before the judge, that they each possess the qualifications named in the preceding section. The court may further examine the sureties upon oath concerning their sufficiency in such manner as it may deem proper.

• Section 11  Release on Bail.

  The defendant must be discharged by the court upon its acceptance of bail.

• Section 12  Increase or Reduction of Bail.

  After a defendant shall have been admitted to bail, the court may, upon good cause shown, either increase or reduce the amount of the same. If increased, the defendant may be committed to custody unless he gives bail in the increased amount he is called upon to furnish. A defendant held to answer on a criminal charge but who is released without bail on the filing of a complaint, may, at any subsequent stage of the proceedings whenever it may satisfactorily appear to the court that he is the author of the alleged offense, be required to give bail, or in lieu thereof may be committed to prison.

• Section 13  Bail on Appeal.

  Bail upon appeal must conform in all respects as provided for in other cases of bail.

• Section 14  Deposit of Money as Bail.

  At any time after the amount of bail is fixed by order, the defendant, instead of giving bail, may deposit with the nearest collector of internal revenue, or provincial, city, or municipal treasurer the sum mentioned in the order, and upon delivering to the court a proper certificate of the deposit, must be discharged from custody. Money thus deposited shall be applied to the payment of the fine and costs for which judgment may be given; and the surplus, if any, shall be returned to the defendant.

• Section 15  Forfeiture of Bail.

  When the appearance of the defendant is required by the court, his sureties shall be notified to produce him before the court on a given date. If the defendant fails to appear as required, the bond is declared forfeited and the bondsmen are given thirty days within which to produce their principal and to show cause why a judgment should not be rendered against them for the amount of their bond. Within the said period of thirty days, the bondsmen (a) must produce the body of their principal or give the reason for its non-production; and (b) must explain satisfactorily why the defendant did not appear before the court when first required to do so. Failing in these two requisites, a judgment shall be rendered against the bondsmen.

• Section 16  Discharge of Sureties.

  Upon application filed with the court and after due notice to the fiscal, the bail bond shall be cancelled and the sureties discharged from liability (a) where the sureties so request upon surrender of the defendant to the court; (b) where the defendant is re-arrested or ordered into custody on the same charge or for the same offense; (c) where the defendant is discharged by the court at any stage of the proceedings, or acquitted, or is convicted and surrendered to serve the sentence; and (d) where the defendant dies during the pendency of the action.

• Section 17  Sureties May Arrest Defendant.

  For the purpose of surrendering the defendant, the bail may arrest him, or written authority endorsed on a certified copy of the undertaking may cause him to be arrested by any police officer or any other person of suitable age and discretion.

• Section 1  Rights of Defendant at the Trial.

  In all criminal prosecutions the defendant shall be entitled:

  • a

    To be present and defend in person and by attorney at every stage of the proceedings, that is, from the arraignment to the promulgation of the judgment;

  • b

    To be informed of the nature and cause of the accusation;

  • c

    To testify as witness in his own behalf. But if a defendant offers himself as a witness he may be cross-examined as any other witness. His neglect or refusal to be a witness shall not in any manner prejudice or be used against him;

  • d

    To be exempt from being a witness against himself;

  • e

    To be confronted at the trial by, and to cross-examine the witness against him. Where the testimony of a witness for the prosecution has previously been taken down by question and answer in the presence of the defendant or his attorney, the defense having had an opportunity to cross-examine the witness, the testimony or deposition of the latter may be read, upon satisfactory proof to the court that he is dead or incapacitated to testify, or cannot with due diligence be found in the Philippines;

  • f

    To have compulsory process issued to secure the attendance of witnesses in his behalf;

  • g

    To have a speedy and public trial;

  • h

    To have the right of appeal in all cases authorized by law.

• Section 1  Arraignment - How Made.

  The defendant must be arraigned before the court in which the complaint or information has been filed unless the cause shall have been transferred elsewhere for trial. The arraignment must be made by the court or clerk, and shall consist in reading the complaint or information to the defendant and delivering to him a copy thereof, including a list of witnesses, and asking him whether he pleads guilty or not guilty as charged. The prosecution may, however, call at the trial witnesses other than those named in the complaint or information.

• Section 2  Presence of Defendant on Arraignment.

  If the charge is for an offense within the jurisdiction of the Courts of First Instance, the defendant must be personally present at the arraignment, and if for a light offense triable by the justice of the peace or any other inferior courts of similar jurisdiction he may appear by attorney.

• Section 3  Duty of Court to Inform Defendant of His Right to Have Attorney.

  If the defendant appears without attorney, he must be informed by the court that it is his right to have attorney before being arraigned, and must be asked if he desires the aid of attorney. If he desires and is unable to employ attorney, the court must assign attorney de oficio to defend him. A reasonable time must be allowed for procuring attorney.

• Section 4  Who May Be Appointed Attorney "De Oficio".

  The attorney so employed or assigned must be a duly authorized member of the Bar. But in provinces where duly authorized members of the Bar are not available, the court may, in its discretion, admit or assign a person, resident in the province and of good repute for probity and ability, to aid the defendant in his defense, although the person so admitted or assigned be not a duly authorized member of the Bar.

• Section 1  Time to Move to Quash or Plead.

  Upon being arraigned the defendant shall immediately, unless the court grants him further time, either move to quash the complaint or information or plead thereto, or do both. If he moves to quash, without pleading, and the motion is withdrawn or overruled he shall immediately plead.

• Section 2  Motion to Quash - Grounds.

  The defendant may move to quash the complaint or information on any of the following grounds:

  • a

    That the facts charged do not constitute an offense;

  • b

    That the court trying the cause has no jurisdiction of the offense charged or of the person of the defendant;

  • c

    That the fiscal has no authority to file the information;

  • d

    That it does not conform substantially to the prescribed form;

  • e

    That more than one offense is charged except in those cases in which existing laws prescribe a single punishment for various offenses;

  • f

    That the criminal action or liability has been extinguished;

  • g

    That it contains averments which, if true, would constitute a legal excuse or justification;

  • h

    That the defendant has been previously convicted or in jeopardy of being convicted, or acquitted of the offense charged;

  • i

    That the defendant is insane.

  • If the motion to quash is based on an alleged defect in the complaint or information which can be cured by amendment the court shall order the amendment to be made and shall overrule the motion.

• Section 3  Motion to Quash - Form and Contents - Failure to State Objection - Entry of Record - Failure to Record.

  The motion to quash shall be in writing signed by the defendant or his attorney. It shall specify distinctly the ground of objection relied on and the court shall hear no objection other than that stated in the motion. It shall be entered of record but a failure to so enter it shall not affect the validity of any proceeding in the case.

• Section 4  Contents of the Motion to Quash When Based on Extinction of Criminal Liability.

  If the ground of the motion to quash is the extinction of criminal liability, the motion shall state whether by amnesty, pardon or marriage of the offender with the offended party in the cases where such pardon or marriage extinguishes criminal liability, prescription of the offense or the penalty, and the facts constituting such extinction.

• Section 5  Contents of the Motion to Quash When Based on Former Conviction or Acquittal or Former Jeopardy.

  If the ground of the motion to quash is former conviction or former jeopardy of conviction or former acquittal of the defendant of the same offense the motion shall state the name under which the defendant was convicted or in jeopardy of conviction or acquitted, the name of the court in which he was convicted or in jeopardy or acquitted and the date and place of such conviction or jeopardy or acquittal.

• Section 6  Trial of Issues Arising on a Motion to Quash.

  The motion to quash shall be heard immediately on its being made unless, for good cause, the court postpone the hearing. All issues, whether of law or fact, which arise on a motion to quash shall be tried by the court.

• Section 7  Effect of Sustaining the Motion to Quash.

  If the motion to quash is sustained the court may order that another information be filed. If such order is made the defendant, if in custody, shall remain so unless he shall be admitted to bail. If such order is not made or if having been made another information is not filed within a time to be specified in the order, or within such further time as the court may allow for good cause shown, the defendant, if in custody, shall be discharged therefrom, unless he is in custody on some other charge.

• Section 8  Order Sustaining the Motion to Quash Not a Bar to Another Prosecution - Exception.

  An order sustaining the motion to quash is not a bar to another prosecution for the same offense unless the motion was based on the grounds specified in section 2, subsections (f) and (h) of this rule.

• Section 9  Former Conviction or Acquittal or Former Jeopardy.

  When a defendant shall have been convicted or acquitted, or the case against him dismissed or otherwise terminated without the express consent of the defendant, by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction, and after the defendant had pleaded to the charge, the conviction or acquittal of the defendant or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information.

• Section 10  Failure to Move to Quash - Effect of - Exception.

  If the defendant does not move to quash the complaint or information before he pleads thereto he shall be taken to have waived all objections which are grounds for a motion to quash except when the complaint or information does not charge an offense, or the court is without jurisdiction of the same. If, however, the defendant learns after he has pleaded or has moved to quash on some other ground that the offense with which he is now charged is an offense for which he has been pardoned, or of which he has been convicted or acquitted or been in jeopardy, the court may in its discretion entertain at any time before judgment a motion to quash on the ground of such pardon, conviction, acquittal or jeopardy.

• Section 1  Defendant's Plea to the Complaint or Information.

  The defendant shall plead to the complaint or information either by a plea of guilty or not guilty, submitted in open court, and entered of record; but a failure so to enter it shall not affect the validity of any proceeding in the cause.

• Section 2  Refusal to Plead.

  If the defendant refuses to plead, a plea of not guilty shall be entered for him.

• Section 3  Plea of Guilty - Presence of Defendant.

  A plea of guilty can be put in only by the defendant himself in open court.

• Section 4  Plea of Guilty of Lesser Offense.

  The defendant, with the consent of the court and of the fiscal, may plead guilty of any lesser offense than that charged which is necessarily included in the offense charged in the complaint or information.

• Section 5  Plea of Guilty - Determination of Punishment.

  Where the defendant pleads guilty to a complaint or information, if the court accepts the plea and has discretion as to the punishment for the offense, it may hear witnesses to determine what punishment shall be imposed.

• Section 6  Plea of Guilty - Withdrawal of.

  The court may in its discretion at any time before sentence permit a plea of guilty to be withdrawn. If judgment of conviction has been entered thereon and the same has not become final, the court may set aside such judgment, and allow a plea of not guilty, or, with the consent of the fiscal, allow a plea of guilty of a lesser offense which is necessarily included in the charge.

• Section 7  Time to Prepare for Trial.

  After a plea of not guilty, except when the case is on appeal from the justice of the peace, the defendant is entitled to at least two days to prepare for trial unless the court for good cause shown shall allow further time.

• Section 1  Notice of Trial.

  Both parties shall be notified of the date set for the hearing of the case at least two days before the trial.

• Section 2  Continuance or Postponement of the Trial.

  The court on the application of either party or on its own motion, may in its discretion for good cause postpone the trial of the case for such period of time as the ends of justice and the right of the defendant to a speedy trial require.

• Section 3  Order of Trial.

  The plea of not guilty having been entered, the trial must proceed in the following order:

  • a

    The fiscal, on behalf of the People of the Philippines, must offer evidence in support of the charges.

  • b

    The defendant or his attorney may offer evidence in support of the defense.

  • c

    The parties may then respectively offer rebutting testimony, but rebutting testimony only, unless the court, in furtherance of justice, permit them to offer new additional evidence bearing upon the main issue in question.

  • d

    When the introduction of testimony shall have been concluded, unless the case is submitted to the court without argument, the fiscal must open the argument, the attorney for the defense must follow, and the fiscal may conclude the same. The argument by either attorney may be oral or written, or partly written, but only the written arguments, or such portions of the same as may be in writing, shall be preserved in the record of the case.

• Section 4  Application for Examination of Witness for Defendant before Trial.

  When defendant has been held to answer for an offense, he may upon application have witnesses conditionally examined in his behalf in a manner as hereinafter shown, but not otherwise. The application must be supported by affidavit stating: (a) the name and residence of the witness and that his testimony is material to the defense of the action; (b) that the witness is about to leave the province, or so sick or infirm as to afford reasonable grounds for apprehending that he will not be able to attend the trial.

• Section 5  Examination of Witness - How Made.

  If the court is satisfied that the examination is necessary, an order will be made directing that the witness be examined at a specified time and place, and that a copy of the order be served on the fiscal within a given time prior to that fixed for the examination. The examination will be taken before the judge ordering the same, or, if the order be granted by a court of superior jurisdiction, before an inferior tribunal to be designated in the order. The examination shall proceed notwithstanding the absence of the fiscal, if it appears that he has been duly notified of the hearing. The testimony shall be reduced in writing.

• Section 6  Bail to Secure Appearance of Witness for Prosecution.

  When the Judge of a Court of First Instance shall be satisfied, by proof or oath, that there is reason to believe that a material witness for the prosecution will not appear and testify when required, he may order the witness to give bail in such sum as he may deem proper for such appearance. Upon refusal to give bail, the court must commit him to prison until he complies or is legally discharged.

• Section 7  Deposition of Witness if He Cannot Procure Bail.

  Where, however, it shall satisfactorily appear that the witness cannot procure bail as directed by the order of the court, or has to leave the Philippines with no definite date of returning thereto, he may forthwith be conditionally examined or his deposition immediately taken. Such examination or deposition must be by question and answer, in the presence of the defendant, or after one hour notice to attend the examination or the taking of the deposition has been served on him, and will be conducted in the same manner as an examination at the trial. Failure or refusal on the part of the defendant to attend the examination or the taking of the deposition after notice hereinbefore provided, shall be considered a waiver. The statement or deposition of the witness thus taken may be admitted in behalf of or against the defendant. His testimony taken, the witness must thereupon be discharged, if he has been detained.

• Section 8  Trial Where Joint Defendants.

  When two or more defendants are jointly charged with any offense they shall be tried jointly, unless the court in its discretion on the motion of the fiscal or any defendant orders separate trials. In ordering separate trials, the court may order that one or more defendants be each separately tried and the others jointly tried, or may order that several defendants be jointly tried in one trial and the others jointly tried in another trial or trials, or may order that each defendant be separately tried.

• Section 9  Discharge of One of Several Defendants to Be Witness for the Prosecution.

  When two or more persons are charged with the commission of a certain offense, the competent court, at any time before they have entered upon their defense, may direct any of them to be discharged with the latter's consent that he may be a witness for the government when in the judgment of the court:

  • a

    There is absolute necessity for the testimony of the defendant whose discharge is requested;

  • b

    There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said defendant;

  • c

    The testimony of said defendant can be substantially corroborated in its material points;

  • d

    Said defendant does not appear to be the most guilty;

  • e

    Said defendant has not at any time been convicted of any offense involving moral turpitude.

• Section 10  One of Several Defendants Witness for Co-Defendant.

  When two or more persons shall be included in the same charge, and the court shall be of the opinion in respect to a particular defendant that there is not sufficient evidence to put him on his defense, it must order him to be discharged before the evidence is closed, that he may be a witness for his co-defendant.

• Section 11  Discharge of Defendants Operate as Acquittal.

  The order indicated in the two preceding sections shall amount to an acquittal of the defendant discharged and shall be a bar to future prosecution for the same offense, unless the defendant, in the case provided in section 9 fails or refuses to testify against his co-defendant.

• Section 12  When Mistake Has Been Made in Charging the Proper Offense.

  When it appears at any time after trial has begun and before judgment is taken, that a mistake has been made in charging the proper offense, and the defendant cannot be convicted of the offense charged, nor of any other offense necessarily included therein, the defendant must not be discharged, if there appears to be a good cause to detain him in custody, but the court must commit him to answer to the proper offense, and may also require the witness to give bail for their appearance at the trial.

• Section 13  Appointment of Acting Fiscal.

  When a fiscal, his assistant or deputy shall be disqualified to act, for any of the reasons stated in section 1 of Rule 126, or any other reasons, the judge shall communicate with the Secretary of Justice in order that the latter may appoint an acting fiscal.

• Section 14  Exclusion and Separation of Witnesses.

  While a witness shall be under examination, the judge may exclude all witnesses who have not testified. He may also cause witnesses to be kept separate and to be prevented from conversing with one another until all shall have been examined.

• Section 15  Exclusion of the Public.

  The court may upon its own motion exclude the public from the court room if the evidence to be produced during the trial is of such a character as to be offensive to decency or public moral. The court may also, upon request of the defendant, exclude from the trial every person except the officers of the court and the attorneys for the prosecution and defense.

• Section 1  Judgment Defined.

  The term judgment as used in this rule means the adjudication by the court that the defendant is guilty or is not guilty of the offense charged, and the imposition of the penalty provided for by law on the defendant, who pleads or is found guilty thereof.

• Section 2  Form of Judgment.

  The judgment must be written in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctively a statement of the facts proved or admitted by the defendant and upon which the judgment is based. If it is of conviction the judgment or sentence shall state (a) the legal qualification of the offense constituted by the acts committed by the defendant, and the aggravating or mitigating circumstances attending the commission thereof, if there is any; (b) the participation of the defendant in the commission of the offense, whether as principal, accomplice, or accessory after the fact; (c) the penalty imposed upon the defendant; and (d) the civil liability or damages caused by the wrongful act to be recovered from the defendant by the offended party, if there is any.

• Section 3  Judgment for Two or More Offenses.

  When two or more offenses are charged in a single complaint or information, and the defendant fails to object to it before trial, the court may convict the defendant of as many offenses as charged and proved, and impose on him the penalty for each and every one of them, setting out separately the findings of fact and law in each case subject, however, to the limitations provided for in the Revised Penal Code, as amended by Commonwealth Act No. 217.

• Section 4  Judgment in Case of Variance between Allegation and Proof.

  When there is variance between the offense charged in the complaint or information, and that proved or established by the evidence, and the offense as charged is included in or necessarily includes the offense proved, the defendant shall be convicted of the offense proved included in that which is charged, or of the offense charged included in that which is proved.

• Section 5  When an Offense Includes or Is Included in Another.

  An offense charged necessarily includes that which is proved, when some of the essential elements or ingredients of the former, as this is alleged in the complaint or information, constitute the latter. And the offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form a part of those constituting the latter.

• Section 6  Promulgation of Judgment.

  The judgment is promulgated by reading the judgment or sentence in the presence of the defendant and the judge of the court who has rendered it. The defendant must be personally present if the conviction is for a grave or less grave offense; if for light offense, the judgment may be pronounced in the presence of his attorney or representative. And when the judge is absent or outside of the province, his presence is not necessary and the judgment may be promulgated or read to the defendant by the clerk of the court.

• Section 7  Modification of Judgment.

  A judgment of conviction may be modified or set aside by the court rendering it before the judgment has become final or appeal has been perfected. A judgment in criminal case becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or the defendant has expressly waived in writing his right to appeal.

• Section 8  Entry of Judgment.

  After a judgment has become final, it shall be entered in accordance with Rule 35.

• Section 9  Existing Provisions Governing Suspension of Sentence, Probation and Parole, Not Affected by This Chapter.

  Nothing in this rule shall be construed as affecting any existing provision in the law governing suspension of sentence, probation or parole.

• Section 1  New Trial.

  At any time before the final entry of a judgment of conviction, the court may on motion of the defendant, or on its own motion with the consent of the defendant, grant a new trial.

• Section 2  Grounds for a New Trial.

  The court shall grant a new trial on any of the following grounds:

  • a

    That errors of law or irregularities have been committed during the trial prejudicial to the substantial rights of the defendant;

  • b

    That new and material evidence has been discovered which the defendant could not with reasonable diligence have discovered and produced at the trial, and which if introduced and admitted, would probably change the judgment.

• Section 3  Form of Motion and Notice to the Fiscal.

  The motion for a new trial shall be in writing and filed with the court. It shall state the grounds on which it is based. If it is based on newly discovered evidence, it must be supported by the affidavits of the witnesses by whom such evidence is expected to be given, or by duly authenticated copies of documents which it is proposed to introduce in evidence. Notice of the motion shall be given to the fiscal.

• Section 4  Hearing on Motion.

  Where a motion for a new trial calls for the decision of any question of fact the court may hear evidence of such motion by affidavits or otherwise.

• Section 5  Effect of Granting a New Trial.

  The effects of granting a new trial are the following:

  • a

    When a new trial is granted on the ground of errors of law or irregularities committed during the trial, all the proceedings and evidence not affected by the commission of such errors and irregularities shall stand, but those affected thereby shall be set aside and taken anew. The court may, in the interest of justice, allow the introduction of additional evidence.

  • b

    When a new trial is granted on the ground of newly discovered evidence, the evidence already taken shall stand, and the newly discovered and such other evidence as the court may, in the interest of justice, allow to be introduced, shall be taken and considered together with the evidence already in the record.

  • c

    In all cases, the original judgment shall be set aside and a new judgment rendered, and the former shall not be used or referred to in evidence or argument on the new trial.

• Section 1  Appeal.

  From all final judgments of the Court of First Instance or courts of similar jurisdiction, and in all cases in which the law now provides for appeals from said courts, an appeal may be taken to the Court of Appeals or to the Supreme Court as hereinafter prescribed.

• Section 2  Who May Appeal.

  The People of the Philippines cannot appeal if the defendant would be placed thereby in double jeopardy. In all other cases either party may appeal from a final judgment or ruling or from an order made after judgment affecting the substantial rights of the appellant.

• Section 3  How Appeal Taken.

  An appeal shall be taken by filing with the court in which the judgment or order was rendered a notice stating the appeal, and by serving a copy thereof upon the adverse party or his attorney.

• Section 4  Publication of Notice of Appeal.

  If personal service of the copy of the notice of appeal cannot be made, the court may order the publication of the notice in some newspapers having general circulation in the vicinity, at least once each week for a period not exceeding thirty days, and such publication shall be deemed equivalent to personal service.

• Section 5  Notice Waived.

  The appellee may waive his right to a notice that an appeal has been taken. The appellate court may, in its discretion, entertain an appeal notwithstanding failure to give such notice if the interests of justice so require.

• Section 6  When Appeal to Be Taken.

  An appeal must be taken within fifteen days from the rendition of the judgment or order appealed from. This period for perfecting an appeal shall be interrupted from the time a motion for new trial is filed until notice of the order overruling the motion shall have been served upon the defendant or his attorney.

• Section 7  Transcribing and Filing Notes of Stenographic Reporter upon Appeal.

  When notice of appeal is filed by the defendant the trial court shall direct the stenographic reporter to transcribe his notes of the proceedings. When filed by the People of the Philippines the trial court shall direct the stenographic reporter to transcribe such portion of his notes of the proceedings as the fiscal shall specify in writing. The stenographer shall certify to the correctness of the notes and the transcript thereof and shall file them with the clerk without unnecessary delay.

• Section 8  Transmission of Papers to Appellate Court upon Appeal.

  Upon an appeal being taken, the clerk or judge of the court with whom the notice of appeal shall have been filed, must, within five days after the filing of the notice, transmit to the clerk of the court to which the appeal is taken, the complete record in the case together with the notice of the appeal. The transcript of the stenographic notes shall also be transmitted to the clerk of the appellate court together with the record, or as soon thereafter as possible.

• Section 9  Transmission of Record in Case of Death Penalty.

  The records of all cases in which the death penalty shall have been imposed by any Court of First Instance, whether the defendant shall have appealed or not, shall be forwarded to the Supreme Court for review and judgment as law and justice shall dictate. The records of such cases shall be forwarded to the clerk of the Supreme Court within twenty days, but not earlier than fifteen days, after rendition of sentence. The transcript shall also be forwarded without unnecessary delay.

• Section 10  Appeal by Any One of the Several Defendants.

  When several defendants are tried jointly, any one or more of them may make an appeal, but those who do not join in the appeal shall not be affected thereby.

• Section 11  Stay of Execution When Defendant Appeals.

  When the defendant appeals the execution of the sentence is stayed upon the taking of the appeal.

• Section 12  Withdrawal of Appeal.

  Notwithstanding the perfection of the appeal, the Court of First Instance may allow the appellant to withdraw his appeal before the record has been forwarded by the clerk of the court to the appellate court as provided in section 8, in which case the judgment shall become final.

  • The Court of First Instance may also, in its discretion, allow the appellant from the judgment of the justice of the peace court or judge of a municipal court to withdraw his appeal, provided a motion to that effect is filed before the trial of the case on appeal, in which case the judgment of the justice of the peace or municipal court shall become final, the provision of section 8, Rule 119, to the contrary notwithstanding, and the case shall be remanded to the court a quo for execution of the judgment.

• Section 13  Appointment of an Attorney De Oficio for Defendant on Appeal.

  It shall be the duty of the clerk of the trial court upon the presentation of a notice of appeal in a criminal case, to ascertain from the appellant, if he be confined in prison, whether he desires the Court of Appeals or the Supreme Court to appoint an attorney to defend him de oficio and to transmit with the record, upon a form to be prepared by the clerk of the appellate court, a certificate of compliance with this duty and of the response of the appellant to his inquiry.

• Section 1  Complaint.

  Except as otherwise provided by law, criminal proceedings in a justice of the peace or municipal courts must be commenced by complaint under oath setting forth the offense charged, with such particulars as to time, place, person and property as may be necessary to enable the defendant to understand the character of the offense charged, and to make answer thereto.

• Section 2  Approval of Complaint by Certain Officers.

  Complaints for violations of municipal ordinances must be indorsed \"approved\" by the city or municipal mayor, but where infractions of laws or ordinances concerning the public health are concerned the complaint must be so indorsed by the district health officer, the president of the sanitary division, the president of the municipal health district, the president of the municipal board of health, or the municipal mayor.

• Section 3  Arraignment of Defendant.

  Defendant in justice of the peace or municipal courts shall be arraigned in the same manner as in the Court of First Instance, but it will not be necessary to furnish the defendant with a copy of the complaint, unless he demands the same.

• Section 4  Motion to Quash or Dismiss and Pleas.

  Defendant may enter the same pleas, and move to dismiss or quash the complaint on the same grounds as those allowed in the Court of First Instance, in so far as they are applicable. But the motion to quash and pleas must be oral and entered in the docket.

• Section 5  When Deposition of Witness to Be Taken.

  When ever it appears to the justice of the peace or judge of the municipal court, in the trial of a criminal case that a material witness for the prosecution or for the defense has to leave the Philippines with no definite date of returning thereto and will not appear and testify when so required in the trial of the case by the corresponding Court of First Instance, the said justice of the peace or judge of the municipal court may forthwith order that the testimony of such witness be taken in writing by question and answer in the presence of the defendant or his attorney, which testimony shall be signed by the witness and certified to as correct by the said justice of the peace or judge of a municipal court.

• Section 6  Appeal from Judgment of the Justice of the Peace or Municipal Court.

  The convicted party may appeal either orally or in writing from any final judgment of the justice of the peace or municipal court in a criminal cause to the Court of First Instance within 15 days from the promulgation of the judgment. The period of appeal shall be interrupted from the date a motion for new trial is filed until notice of the order overruling the motion shall have been served upon the defendant or his attorney.

• Section 7  Transmission of Papers to the Court of First Instance, and Fiscal.

  Upon such notice being so filed or given, as provided for in the preceding section, the justice of the peace or judge of a municipal court shall within five days forward to the Court of First Instance all original papers and a transcript of all docket entries in the cause. He shall also forward to the fiscal a brief statement of the substance of the testimony of witnesses testifying in the case. The provincial fiscal shall thereupon take charge of the cause in behalf of the prosecution.

• Section 8  Effect of Appeal.

  After the notice of appeal, all the proceedings and judgment of the justice of the peace or municipal court are vacated, and the case shall be tried in all respects anew in the Court of First Instance as if it were a case originally instituted in that court.

• Section 9  Withdrawal of Appeal.

  Notwithstanding the provisions of the preceding section, the justice of the peace or the judge of the municipal court may before the papers and transcript have been forwarded to the Court of First Instance as provided in section 7, allow the appellant to withdraw his appeal, in which case the judgment of the justice of the peace or judge of the municipal court shall be revived and become final.

• Section 1  Title of the Case.

  In all criminal cases removed to the Court of Appeals, the party bringing the case to the appellate court shall be called the \"appellant\" and the adverse party the \"appellee\", but the title of the case shall remain as it was below.

• Section 2  Appointment of Attorney De Oficio for the Defendant.

  If it appears from the certificate of the clerk of the trial court transmitted in accordance with section 13 of Rule 118, (a) that the defendant is confined in prison, (b) without means to employ an attorney, and (c) desires to be defended de oficio, then the clerk of the Court of Appeals will designate a member of the Bar to defend him, such designation to be made by strict rotation, unless otherwise directed by order of the court.

  • A defendant-appellant not confined in prison, shall not be entitled to an attorney de oficio, unless the appointment of such attorney be requested in the appellate court within ten days from receipt of notice from the clerk, and the right thereto established by affidavit.

• Section 3  When Brief for Appellant to Be Filed.

  Within thirty (30) days from the time notice of receipt of the record of appeal is received from the clerk of the appellate court by the attorney for the appellant, the latter shall file fifty (50) copies of his brief with the clerk which shall be accompanied by proof of service of five (5) copies thereof upon the appellee.

• Section 4  When Brief for Appellee to Be Filed.

  Within thirty (30) days from the receipt of the brief of the appellant the appellee shall file fifty (50) copies of his brief with the clerk which shall be accompanied by proof of service of five (5) copies thereof upon the appellant.

• Section 5  Extension of Time for Filing Briefs.

  Extension of time for the filing of briefs will not be allowed, except for good and sufficient cause, and only if the motion for extension is filed before the expiration of the time sought to be extended.

• Section 6  Form of Briefs.

  Briefs must be printed, except when the defendant is represented by an attorney de oficio in which case it shall be the duty of the attorney de oficio, whether for appellant or appellee, to file as many legible typewritten copies of the brief as there are numbers of justices of the appellate court participating in the consideration of the case, and serve one copy thereof upon the adverse party.

• Section 7  Contents of Briefs.

  The briefs in criminal cases shall have the same contents as provided in sections 17 and 18 of Rule 48 applicable in civil cases except that appellants are not required to make assignment of errors although it is advisable for them to do so. The decision or order appealed from shall be copied as an appendix to the appellant's brief.

• Section 8  Dismissal of Appeal for Abandonment or Failure to Prosecute.

  The appellate court may, upon motion of the appellee or on its own motion and notice to the appellant, dismiss the appeal if the appellant fails to file his brief within the time prescribed by this rule, except in case the defendant is represented by an attorney de oficio.

  • The court may also, upon motion of the appellee or on its own motion, dismiss the appeal if the appellant escapes from prison or confinement or flees to a foreign country during the pendency of the appeal.

• Section 9  When Appeal to Be Heard.

  All appeals in criminal cases shall have precedence over other appeals and should be placed first upon the calendar for hearing. The appellate court shall hear and decide the appeal at the earliest time that it may be done with due regard to the rights of the parties. The defendant need not be present in court during the hearing of the appeal.

• Section 10  When Judgment Not to Be Reversed or Modified.

  No judgment shall be reversed or modified unless the appellate court after an examination of all the appeal papers is of the opinion that error was committed which injuriously affected the substantial rights of the appellant.

• Section 11  Power of Appellate Court on Appeal.

  Upon appeal from a judgment of the Court of First Instance, the appellate court may reverse, affirm, or modify the judgment and increase or reduce the penalty imposed by the trial court, remand the case to the Court of First Instance for new trial or re-trial, or dismiss the case.

• Section 12  Decision if Opinion Is Equally Divided.

  When the court en banc is equally divided in opinion or the necessary majority cannot be had, the case shall be re-heard, and if in re-hearing no decision is reached, the judgment of conviction of the lower court shall be reversed and the defendant acquitted.

• Section 13  Motion for New Trial.

  At any time after the appeal from the lower court has been perfected and before the final entry of the judgment of the appellate court convicting the defendant, the latter may move for a new trial on the ground of newly discovered evidence material to his defense, the motion to conform to the provisions of section 3, Rule 117.

• Section 14  Procedure When New Trial Ordered.

  When a new trial is granted, it shall take place in the court from which the appeal was taken, and proceed as if it were granted by a Court of First Instance.

• Section 15  Re-Hearing or Reconsideration.

  Application for a re-hearing or reconsideration shall be made ex parte on motion setting forth the grounds on which they are made, and filed within fifteen days after the promulgation of the decision of the court. No oral argument thereon shall be allowed. If re-hearing is granted, the cause shall be re-heard in conformity with the requirements for the first hearing. The mittimus shall be stayed during the pendency of a motion for a re-hearing or reconsideration. More than one motion for a re-hearing or reconsideration shall not be filed in any case without express leave of the court.

• Section 16  Judgment Transmitted and Filed in Trial Court.

  When the judgment of the appellate court has been entered on the minutes, a certified copy of the entry shall be transmitted to the clerk of the court from which the appeal was taken, and shall be filed by him.

• Section 17  Application of Certain Rules in Civil to Criminal Cases.

  The provisions of Rules 48 to 58 relating to procedure in the Court of Appeals and in the Supreme Court in original as well as appealed civil cases shall, in so far as they are applicable and not inconsistent with the provisions of this rule, be applied to criminal case.

• Section 1  Procedure in the Supreme Court.

  Unless otherwise provided by the Constitution or the law, the procedure in the Supreme Court in original as well as in appealed cases shall be the same as in the Court of Appeals.

• Section 2  Review of Decisions of the Court of Appeals.

  The procedure for the review by the Supreme Court of decisions rendered by the Court of Appeals in criminal cases shall be the same as in civil cases.

• Section 1  Search Warrant Defined.

  A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge or a justice of the peace and directed to a peace officer, commanding him to search for personal property and bring it before the court.

• Section 2  Personal Property to Be Seized.

  A search warrant may be issued for the search and seizure of the following personal property:

  • a

    Property subject of the offense;

  • b

    Property stolen or embezzled and other proceeds or fruits of the offense, and

  • c

    Property used or intended to be used as the means of committing an offense.

• Section 3  Requisites for Issuing Search Warrant.

  A search warrant shall not issue but upon probable cause to be determined by the judge or justice of the peace after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized.

• Section 4  Examination of the Applicant.

  The judge or justice of the peace must, before issuing the warrant, examine on oath or affirmation the complainant and any witnesses he may produce and take their depositions in writing.

• Section 5  Issuance and Form of Search Warrant.

  If the judge or justice of the peace is thereupon satisfied of the existence of facts upon which the application is based, or that there is probable cause to believe that they exist, he must issue the warrant, which must be substantially in the form prescribed by these rules.

• Section 6  Right to Break Door or Window to Effect Search.

  The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or to liberate himself or any person lawfully aiding him when unlawfully detained therein.

• Section 7  Search of Vacant House to Be Made in Presence of Witnesses.

  No search of a vacant house shall be made except in the presence of at least two competent witnesses, residents of the neighborhood.

• Section 8  Time of Making Search.

  The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night.

• Section 9  Validity of Search Warrant.

  A search warrant shall be valid for ten days from its date. Thereafter it shall be void.

• Section 10  Receipt for the Property Seized.

  The officer seizing property under the warrant must give a detailed receipt for the same to the person on whom or in whose possession it was found, or in the absence of any person, must, in the presence of at least two witnesses, leave a receipt in the place in which he found the seized property.

• Section 11  Delivery of Property and Inventory Thereof to Court.

  The officer must forthwith deliver the property to the justice of the peace or judge of the municipal court or of the Court of First Instance which issued the warrant, together with a true inventory thereof duly verified by oath.

• Section 12  Search without Warrant of Person Arrested.

  A person charged with an offense may be searched for dangerous weapons or anything which may be used as proof of the commission of the offense.

• Section 1  Attachment.

  At the commencement of a criminal action or at any time thereafter, when the civil action for the recovery of civil liability arising from the offense charged is not expressly waived or the right to institute such civil action separately is not reserved, the offended party may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered from the defendant, in the following cases:

  • a

    When the defendant is about to depart from the Philippines;

  • b

    When the criminal action is based on a claim for money or property which has been embezzled or fraudulently misapplied or converted to the use of the defendant who is a public officer, or any officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for a willful violation of duty;

  • c

    When the defendant has concealed, removed, or disposed of his personal property, or is about to do so;

  • d

    When the defendant resides outside the Philippines;

• Section 2

  Sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen and twenty of Rule Fifty-nine of the Rules of Court governing attachment provided for in the preceding section in so far as they may be applicable.

• Section 1  Evidence Defined.

  Evidence is the means, sanctioned by this rule, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

• Section 2  Same Rules in All Cases.

  The rules of evidence shall be the same in all courts and on all trials and hearings, whether civil or criminal.

• Section 3  Admissibility of Evidence.

  Evidence is admissible when it is relevant to the issue and is not excluded by this rule.

• Section 4  Relevancy of Evidence; Collateral Matters.

  Evidence must correspond with the substance of the issue and, therefore, collateral matters shall not be allowed, except when they tend in any reasonable degree to establish the probability or improbability of a fact in issue.

• Section 5  Judicial Notice.

  The existence and territorial extent of states, their forms of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines, the official acts of the legislative, executive, and judicial departments of the Philippines, the laws of nature, the measure of time, the geographical divisions and political history of the world, and all similar matters which are of public knowledge, or are capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions, shall be judicially recognized by the court without the introduction of proof; but the court may receive evidence upon any of the subjects in this section stated, when it shall find it necessary for its own information, and may resort for its aid to appropriate books or documents of reference.

• Section 6  View of an Object.

  Whenever an object has such a relation to the fact in dispute as to afford reasonable grounds of belief respecting it, such object may be exhibited to or viewed by the court, or its existence, situation, or character proved by witnesses, as the court in its discretion may determine.

• Section 7  Admission.

  The act, declaration or omission of a party as to relevant fact may be given in evidence against him.

• Section 8  Admission by Silence.

  Any act or declaration made in the presence and within the observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, may be given in evidence against him.

• Section 9  Offer to Compromise Not Admission.

  An offer of compromise is not an admission that anything is due, and is not admissible in evidence against the person making the offer. However, in criminal cases which are not allowed by law to be compromised, an offer of compromise by the accused may be received in evidence as an implied admission of guilt.

• Section 10  Admission by Third Party.

  The rights of a party cannot be prejudiced by the act, declaration, or omission of another, and proceedings against one cannot affect another, except as hereinafter provided.

• Section 11  Admission by Co-Partner or Agent.

  The act or declaration of a partner or agent of the party within the scope of the partnership or agency and during its existence, may be given in evidence against such party after the partnership or agency is shown by evidence other than such act or declaration. The same rule applies to the act or declaration of a joint owner, joint debtor, or other person jointly interested with the party.

• Section 12  Admission by Conspirator.

  The act or declaration of a conspirator relating to the conspiracy and during its existence, may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act or declaration.

• Section 13  Admission by Privies.

  Where one derives title to property from another, the act, declaration, or omission of the latter, while holding the title, in relation to the property, is evidence against the former.

• Section 14  Confession.

  The declaration of an accused expressly acknowledging the truth of his guilt as to the offense charged, may be given in evidence against him.

• Section 15  Moral Character of Parties in Criminal Cases.

  The good moral character of an accused having reference to the moral trait involved in the offense charged, may be proved by him. Unless in rebuttal, the prosecution cannot prove the bad moral character of the accused. The good or bad moral character of the offended person may be proved if it may establish in any reasonable degree the probability or improbability of the offense charged.

• Section 16  Moral Character of Parties in Civil Cases.

  Evidence of the moral character of a party in a civil case is not admissible unless the issue involved is character.

• Section 17  Evidence of Similar Acts.

  Evidence that one did or omitted to do a certain thing at one time is not admissible to prove that he did or omitted to do the same or a similar thing at another time; but it may be received to prove a specific intent or knowledge, identity, plan, system, scheme, habit, custom or usage, and the like.

• Section 18  Expert Evidence.

  The opinion of a witness regarding a question of science, art or trade, when he is skilled therein, may be received in evidence.

• Section 19  Unwritten Law.

  The oral testimony of witnesses, skilled therein, is admissible as evidence of the unwritten law of the United States, or a State or territory of the United States, or foreign country, as are also printed and published books or reports of decisions of the courts of the United States or of such State, territory, or country, if proved to be commonly admitted in such courts.

• Section 20  Opinion of Ordinary Witnesses.

  The opinion of a witness regarding the identity or handwriting of a person, when he has knowledge of the person or handwriting; the opinion of a subscribing witness to a writing, the validity of which is in dispute, respecting the mental sanity of the signer; and the opinion of an intimate acquaintance respecting the mental sanity of a person, the reason for the opinion being given, may be received as evidence.

• Section 21  Agreements Which Must Be Evidenced by Writing.

  The following agreements cannot be proved except by writing, or by some note or memorandum thereof, subscribed by the party sought to be charged, or by his agent, or by secondary evidence of its contents:

  • 1

    An agreement that by its terms is not to be performed within a year from the making thereof;

  • 2

    A promise to answer for the debt, default, or miscarriage of another, or a representation as to the credit of another;

  • 3

    An agreement made upon the consideration of marriage, other than a mutual promise to marry;

  • 4

    An agreement for the sale of goods, chattels, or things in action, at a price not less than one hundred pesos, unless the buyer accepts and receives part of such goods and chattels, or the evidences, or some of them, of such things in action, or pays at the time some part of the purchase money; but when a sale is made by auction and entry is made by the auctioneer in his sales book, at the time of the sale, of the amount of property sold, the terms of sale, the price, and the names of the purchaser and person on whose account the sale is made, it is a sufficient memorandum;

  • 5

    An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; and if such agreement is claimed to have been made by the agent of the party sought to be charged, the only competent evidence of the agency is the authority of the agent in writing subscribed by such party, or secondary evidence of its contents.

• Section 22  Evidence of Written Agreements.

  When the terms of an agreement have been reduced to writing, it is to be considered as containing all those terms, and, therefore, there can be, between the parties and their successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases:

  • 1

    Where a mistake or imperfection of the writing, or its failure to express the true intent and agreement of the parties, or the validity of the agreement is put in issue by the pleadings;

  • 2

    Where there is an intrinsic ambiguity in the writing.

  • The term "agreement" includes wills.

• Section 23  When Part of Transaction or Writing Given in Evidence, the Remainder Admissible.

  When part of an act, declaration, conversation, or writing is given in evidence by one party, the whole of the same subject may be inquired into by the other, and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing necessary to its understanding may also be given in evidence.

• Section 24  Unaccepted Offer.

  An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if rejected, equivalent to the actual production and tender of the money, instrument or property.

• Section 25  Witnesses; Their Qualifications.

  Except as provided in the next succeeding section, all persons who, having organs of sense, can perceive, and perceiving, can make known their perception to others, may be witnesses. Neither parties nor other persons interested in the outcome of a case shall be excluded; nor those who have been convicted of crime; nor any person on account of his opinion on matters of religious belief.

• Section 26  Persons Who Cannot Testify Generally, or because of Certain Relations to Parties.

  The following persons cannot be witnesses:

  • a

    Those who are of unsound mind at the time of their production for examination, to such a degree as to be incapable of perceiving and making known their perceptions to others;

  • b

    Children who appear to the court to be of such tender age and inferior capacity as to be incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly;

  • c

    Parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of unsound mind, cannot testify as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind;

  • d

    A husband cannot be examined for or against his wife without her consent; nor a wife for or against her husband without his consent; nor can either, during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil case by one against the other, or to a criminal case for a crime committed by one against the other;

  • e

    An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the court of professional employment; nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity;

  • f

    A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in that capacity, and which would tend to blacken the character of the patient;

  • g

    A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs;

  • h

    A public officer cannot be examined during his term of office or afterwards, as to communications made to him in official confidence, when the court finds that the public interests would suffer by the disclosure. (See Art. 315, N.C.C.)

• Section 27  Testimony Generally Confined to Personal Knowledge.

  A witness can testify to those facts only which he knows of his own knowledge; that is, which are derived from his own perception, except as otherwise provided in this rule.

• Section 28  Dying Declaration.

  The declaration of a dying person, made under a consciousness of an impending death, may be received in a criminal case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.

• Section 29  Declaration against Interest.

  The declaration made by a person deceased, or outside of the Philippines, or unable to testify, against his pecuniary or proprietary interest, with sufficient knowledge of the matter by him stated, may be received in evidence against his successors in interest and against third persons.

• Section 30  Act or Declaration about Pedigree.

  The act or declaration of a person deceased, or outside of the Philippines, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be received in evidence where it occurred before the controversy, and the relationship between the two persons is shown by evidence other than such act or declaration. The word "pedigree" includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these facts occurred, and the names of the relatives. It embraces also facts of family history intimately connected with pedigree.

• Section 31  Family Reputation or Tradition Regarding Pedigree.

  The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if the witness testifying thereto be also a member of the family. Entries in family bibles or other family books or charts, engravings on rings, family portraits and the like, may be received as evidence of pedigree.

• Section 32  Common Reputation.

  Common reputation existing previous to the controversy, respecting facts of public or general interest more than thirty years old, or respecting marriage or moral character, may be given in evidence. Monuments and inscriptions in public places may be received as evidence of common reputation.

• Section 33  Part of the Res Gestae.

  Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as a part of the res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as a part of the res gestae.

• Section 34  Entries in the Course of Business.

  Entries made at, or near the time of the transactions to which they refer, by a person deceased, outside of the Philippines or unable to testify, who was in a position to know the facts therein stated, may be received as prima facie evidence, if such person made the entries in his professional capacity or in the performance of duty and in the ordinary or regular course of business or duty.

• Section 35  Entries in Official Records.

  Entries in official records made in the performance of his duty by a public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated.

• Section 36  Books and Maps.

  Historical works, books of science or art, and published maps or charts, when made by persons indifferent between the parties, are prima facie evidence of facts of general notoriety and interest.

• Section 37  Testimony at a Former Trial.

  The testimony of a witness deceased or out of the Philippines, or unable to testify, given in a former case between the same parties, relating to the same matter, the adverse party having had an opportunity to cross-examine him, may be given in evidence.

• Section 38  Public and Private Writings.

  The following writings are public:

  • a

    The written acts or records of the acts of the sovereign authority, of official bodies and tribunals, and of public officers, legislative, judicial and executive, whether of the Philippines, or of a foreign country;

  • b

    Public records, kept in the Philippines, of private writings.

  • All other writings are private.

• Section 39  Public Documents as Evidence.

  Public instruments are evidence, even against a third person, of the fact which gave rise to their execution and of the date of the latter.

• Section 40  Irremovability of Public Record.

  The record of a conveyance of real property, or any other record a transcript of which is admissible in evidence, must not be removed from the office in which it is kept, except upon order of a court where the inspection of the record is essential to the just determination of the case pending or the court is sitting in the same building with such office.

• Section 41  Proof of Public or Official Record.

  An official record or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office.

• Section 42  What Attestation of Copy Must State.

  Whenever a copy of a writing is attested for the purpose of evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof, as the case may be. The attestation must be under the official seal of the attesting officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court.

• Section 43  Public Record of a Private Writing.

  An authorized public record of a private writing may be proved by the original record, or by a copy thereof, attested by the legal keeper of the record, with an appropriate certificate that such officer has the custody.

• Section 44  Proof of Lack of Record.

  A written statement signed by an officer having the custody of an official record or by his deputy that after diligent search no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the record of his office contain no such record or entry.

• Section 45  How Judicial Record May Be Impeached.

  Any judicial record may be impeached by evidence of a want of jurisdiction in the court or judicial officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings.

• Section 46  Writings in General; Original Must Be Produced; Exceptions.

  There can be no evidence of a writing other than the writing itself the contents of which is the subject of inquiry, except in the following cases:

  • a

    When the original has been lost or destroyed;

  • b

    When the original is in possession of the party against whom the evidence is offered, and who fails to produce it after reasonable notice;

  • c

    When the original is a record or other document in the custody of a public officer;

  • d

    When the original has been recorded in an existing record a certified copy of which is made evidence by law;

  • e

    When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole.

• Section 47  Certain Copies Regarded as Originals.

  When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are equally regarded as originals.

• Section 48  Private Writing; Its Execution and Authenticity, How Proved.

  Before any private writing may be received in evidence, its due execution and authenticity must be proved either:

  • a

    By anyone who saw the writing executed;

  • b

    By evidence of the genuineness of the handwriting of the maker; or

  • c

    By a subscribing witness.

• Section 49  Evidence of Execution Not Necessary.

  Where a private writing is more than thirty years old, is produced from a custody in which it would naturally be found if genuine, and is unblemished by any alterations or circumstances of suspicion, no other evidence of its execution and authenticity need be given.

• Section 50  Handwriting, How Proved.

  The handwriting of a person may be proved by any witness who believes it to be such, and has seen the person write, or has seen writing purporting to be his upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person. Evidence respecting the handwriting may also be given by a comparison, made by the witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge.

• Section 51  Secondary Evidence When Original Is Lost or Destroyed.

  When the original writing has been lost or destroyed, upon proof of its execution and loss or destruction, its contents may be proved by a copy, or by a recital of its contents in some authentic document, or by the recollection of witnesses.

• Section 52  Secondary Evidence When Original Is in Adverse Party's Custody.

  If the writing be in the custody of the adverse party, he must have reasonable notice to produce it. If he then fails to do so, the contents of the writing may be proved as in the case of its loss. But the notice to produce it is not necessary where the writing is itself a notice, or where it has been wrongfully obtained or withheld by the adverse party.

• Section 53  Party Calling for Writing Not Bound to Offer It.

  Though a writing called for by one party is produced by the other, and is thereupon inspected by the party calling for it, he is not obliged to offer it as evidence.

• Section 54  Proof of Real Estate Title, and Other Private Writings, When Acknowledged.

  Every instrument conveying or affecting real property situated in the Philippines acknowledged or proved and certified as provided by law may, together with the certificate of the acknowledgment or proof, be read in evidence without further proof. In the case of other private writings, except last wills and testaments, acknowledged or proved and certified in the manner provided by law for the acknowledgment or proof of instruments conveying real property, the certificate of such acknowledgment or proof is prima facie evidence of the execution of the writing in the same manner as if it were a conveyance of real property.

• Section 55  Alterations in Writing, How to Explain.

  The party producing a writing as genuine which has been altered, and appears to have been altered after its execution, in a part material to the question in dispute, must account for the alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or was otherwise properly or innocently made, or that the alteration did not change the meaning or language of the instrument. If he do that, he may give the writing in evidence, but not otherwise.

• Section 56  Seal.

  There shall be no difference in legal effect between sealed and unsealed private writings.

• Section 57  Documentary Evidence in an Unofficial Language.

  Documents written in an unofficial language shall not be admitted as evidence, unless accompanied with a translation into English or Spanish, or unless it is in the national language. To avoid interruption of proceedings, parties or their attorneys are directed to have such translation prepared before trial.

• Section 58  Interpretation of a Writing According to Its Literal Meaning.

  The language of a writing is to be interpreted according to the legal meaning it bears in the place of its execution, unless the parties have reference to a different place.

• Section 59  Instrument Construed so as to Give Effect to All Provisions.

  In the construction of an instrument where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.

• Section 60  Interpretation According to Intention; General and Particular Provisions.

  In the construction of an instrument, the intention of the parties is to be pursued; and when a general and a particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it.

• Section 61  Interpretation According to Circumstances.

  For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject thereof and of the parties to it, may be shown, so that the judge may be placed in the position of those whose language he is to interpret.

• Section 62  Peculiar Signification of Terms.

  The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible to show that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance, in which case the agreement must be construed accordingly.

• Section 63  Written Words Control Printed.

  When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter.

• Section 64  Experts and Interpreters to Be Used in Explaining Certain Writings.

  When the characters in which an instrument is written are difficult to be deciphered, or the language is not understood by the court, the evidence of persons skilled in deciphering the characters, or who understand the language, is admissible to declare the characters or the meaning of the language.

• Section 65  Of Two Constructions, Which Preferred.

  When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is the most favorable to the party in whose favor the provision was made.

• Section 66  Construction in Favor of Natural Right.

  When an instrument is equally susceptible of two interpretations, one in favor of natural right and the other against it, the former is to be adopted.

• Section 67  Interpretation According to Usage.

  An instrument may be construed according to usage, in order to determine its true character.

• Section 68  Conclusive Presumptions.

  The following are instances of conclusive presumptions:

  • a

    Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act, or omission, be permitted to falsify it;

  • b

    The tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant between them;

  • c

    The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate, if not born within the one hundred and eighty days immediately succeeding the marriage, or after the expiration of three hundred days following its dissolution;

  • d

    The judgment or order of a court, when declared by these rules to be conclusive;

  • e

    Every one is conclusively presumed to know the law.

• Section 69  Disputable Presumptions.

  The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence:

  • a

    That a person is innocent of crime or wrong;

  • b

    That an unlawful act was done with an unlawful intent;

  • c

    That a person intends the ordinary consequence of his voluntary act;

  • d

    That a person takes ordinary care of his concerns;

  • e

    That evidence willfully suppressed would be adverse if produced;

  • f

    That money paid by one to another was due to the latter;

  • g

    That a thing delivered by one to another belonged to the latter;

  • h

    That an obligation delivered up to the debtor has been paid;

  • i

    That former rent or installments had been paid when a receipt for the later ones is produced;

  • j

    That a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole act; otherwise, that things which a person possesses, or exercises acts of ownership over, are owned by him;

  • k

    That a person in possession of an order on himself for the payment of money, or the delivery of anything, has paid the money or delivered the thing accordingly;

  • l

    That a person acting in a public office was regularly appointed or elected to it;

  • m

    That official duty has been regularly performed;

  • n

    That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the lawful exercise of his jurisdiction;

  • o

    That all the matters within an issue in a case were laid before the court and passed upon by it; and in like manner that all matters within a submission to arbitration were laid before the arbitrators and passed upon by them;

  • p

    That private transactions have been fair and regular;

  • q

    That the ordinary course of business has been followed;

  • r

    That there was a sufficient consideration for a written contract;

  • s

    That a negotiable instrument was given or indorsed for a sufficient consideration;

  • t

    That an indorsement of a negotiable instrument was made before the instrument was overdue and at the place where the instrument is dated;

  • u

    That a writing is truly dated;

  • v

    That a letter duly directed and mailed was received in the regular course of the mail;

  • w

    Identity of person from identity of name;

  • x

    That a person not heard from in seven years is dead;

  • y

    That acquiescence resulted from a belief that the thing acquiesced in was conformable to the law or fact;

  • z

    That things have happened according to the ordinary course of nature and the ordinary habits of life;

  • aa

    That persons acting as copartners have entered into a contract of copartnership;

  • bb

    That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage;

  • cc

    That a child born in lawful wedlock, there being no divorce, absolute or from bed and board, is legitimate;

  • dd

    That a thing once proved to exist continues as long as is usual with things of that nature;

  • ee

    That the law has been obeyed;

  • ff

    That a printed or published book, purporting to be printed or published by public authority, was so printed or published;

  • gg

    That a printed or published book, purporting to contain reports of cases adjudged in tribunals of the country where the book is published, contains correct reports of such cases;

  • hh

    That a trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to him when such presumption is necessary to perfect the title of such person or his successor in interest;

  • ii

    When two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is presumed from the probabilities resulting from the strength and age of the sexes, according to the following rules:

    • 1

      If both were under the age of fifteen years, the older is presumed to have survived;

    • 2

      If both were above the age of sixty, the younger is presumed to have survived;

    • 3

      If one be under fifteen and the other above sixty, the former is presumed to have survived;

    • 4

      If both be over fifteen and under sixty, and the sexes be different, the male is presumed to have survived; if the sexes be the same, then the older;

    • 5

      If one be under fifteen or over sixty, and the other between those ages, the latter is presumed to have survived. (See Art. 43, N.C.C.)

• Section 70  Burden of Proof in Civil Cases.

  Each party must prove his own affirmative allegations. Evidence need not be given in support of a negative allegation except when such negative allegation is an essential part of the statement of the right or title on which the cause of action or defense is founded, nor even in such case when the allegation is a denial of the existence of a document the custody of which belongs to the opposite party. The burden of proof lies on the party who would be defeated if no evidence were given on either side.

• Section 71  Burden of Proof in Criminal Case.

  In criminal cases the burden of proof as to the offense charged lies on the prosecution. A negative fact alleged by the prosecution need not be proved unless it is an essential ingredient of the offense charged.

• Section 72  Offer of Evidence.

  The court shall consider no evidence which has not been formally offered. The purpose for which the evidence is offered must be specified.

• Section 73  Objection.

  Objection to evidence shall be made as soon as the grounds therefor shall become reasonably apparent. The grounds for the objection must be specified.

• Section 74  Repetition of Objection Unnecessary.

  A single objection to a class of evidence when first offered is sufficient, and need not be constantly repeated when subsequent offers of the same class of evidence are made.

• Section 75  Ruling.

  The ruling of the court must be given immediately after the objection is made, unless the court desires to take a reasonable time to inform itself on the question presented; but the ruling shall always be made during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling.

• Section 76  Exclusion and Separation of Witnesses.

  On any trial or hearing, the judge may exclude from the court room any witness not at the time under examination, so that he may not hear the testimony of other witnesses. The judge may also cause witnesses to be kept separate and to be prevented from conversing with one another until all shall have been examined.

• Section 77  Testimony to Be Given in Open Court.

  The testimony of witnesses shall be given orally in open court and under oath or affirmation.

• Section 78  Testimony in Superior Courts to Be Reduced to Writing.

  In superior courts the testimony of each witness shall be taken in shorthand or stenotype, the name, residence, and occupation of the witness being stated, and all questions put to the witness and his answers thereto being included. If a question put is objected to and the objection is ruled on, the nature of the objection and the ground on which it was sustained or overruled must be stated, or if a witness declines to answer a question put, the fact and the proceedings taken thereon shall be entered in the record. A transcript of the record made by the official stenographer or stenotypist and certified as correct by him shall be prima facie a correct statement of such testimony and proceedings.

• Section 79  Witness Bound to Answer. Exceptions.

  A witness must answer questions pertinent to the matters at issue, though his answer may tend to establish a claim against him; but, unless otherwise provided by law, he need not give an answer which will have a tendency to subject him to punishment for an offense; nor need he give an answer which will have a direct tendency to degrade his character, unless it be to the very fact at issue or to a fact from which the fact at issue would be presumed. But a witness must answer to the fact of his previous conviction for an offense.

• Section 80  Right of Witness to Protection.

  It is the right of a witness to be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; and to be examined only as to matters pertinent to the issue.

• Section 81  Order in the Examination of an Individual Witness.

  The order in which an individual witness may be examined is as follows:

  • a

    Direct examination by the proponent;

  • b

    Cross-examination by the opponent;

  • c

    Re-direct examination by the proponent;

  • d

    Re-cross-examination by the opponent.

• Section 82  Direct Examination; Leading Questions Not Allowed.

  A question which suggests to the witness the answer which the examining party desires, is a leading question. On direct examination, leading questions are not allowed, except on preliminary matters, or when there is difficulty in getting direct and intelligible answers from the witness who is ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute.

• Section 83  Direct Examination of Unwilling or Hostile Witnesses.

  A party may interrogate any unwilling or hostile witness by leading questions. A party may call an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association which is an adverse party, and interrogate him by leading questions and contradict and impeach him in all respects as if he had been called by the adverse party, and the witness thus called may be contradicted and impeached by or on behalf of the adverse party also, and may be cross-examined by the adverse party only upon the subject-matter of his examination in chief.

• Section 84  When Witness May Refer to Memorandum.

  A witness may be allowed to refresh his memory respecting a fact, by anything written by himself or under his direction at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory and he knew that the same was correctly stated in the writing; but in such case the writing must be produced and may be seen by the adverse party, who may, if he chooses, cross-examine the witness upon it, and may read it in evidence. So, also, a witness may testify from such a writing, though he retain no recollection of the particular facts, if he is able to swear that the writing correctly stated the transaction when made; but such evidence must be received with caution.

• Section 85  Right to Inspect Writing Shown to Witness.

  Whenever a writing is shown to a witness, it may be inspected by the opposite party.

• Section 86  Party May Not Impeach His Own Witness.

  Subject to the provisions of section 83 of this rule, the party producing a witness is not allowed to impeach his credit by evidence of bad character, but may contradict him by other evidence, and in the discretion of the court, in order to show that the witness has misled him into calling him to the stand, may also show that he has made at other times statements inconsistent with his present testimony.

• Section 87  Cross-Examination, Its Purpose and Extent. Leading, but Not Misleading, Questions, Allowed.

  Upon the termination of the direct examination, the witness may be cross-examined by the adverse party as to any matters stated in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. On cross-examination, leading, but not misleading, questions, are allowed.

• Section 88  Re-Direct Examination; Its Purpose and Extent.

  After the cross-examination of the witness has been concluded, he may be re-examined by the party calling him, to explain or supplement his answers given during the cross-examination. On re-direct examination, questions on matters not dealt with during the cross-examination, may be allowed by the court in its discretion.

• Section 89  Re-Cross-Examination.

  Upon the conclusion of the re-direct examination, the adverse party may re-cross-examine the witness on matters stated in his re-direct examination, and also on such other matters as may be allowed by the court in its discretion.

• Section 90  Recalling Witness.

  After the examination of a witness by both sides has been concluded, the witness cannot be recalled without leave of the court. The court will grant or withhold leave in its discretion, as the interests of justice may require.

• Section 91  Impeachment of Adverse Party's Witness.

  A witness may be impeached by the party against whom he was called, by contradictory evidence, by evidence that his general reputation for truth, honesty, or integrity is bad, or by evidence that he has made at other times statements inconsistent with his present testimony, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of an offense.

• Section 92  How Witness Impeached by Evidence of Inconsistent Statements.

  Before a witness can be impeached by evidence that he has made at other times statements inconsistent with his present testimony, the statements times and places and the persons present, and he must be asked whether he made such statements, and if so, allowed to explain them. If the statements be in writing they must be shown to the witness before any question is put to him concerning them.

• Section 93  Evidence of Good Character of Witness.

  Evidence of the good character of a witness is not admissible until such character has been impeached.

• Section 94  Preponderance of Evidence, How Determined.

  In civil cases, the party having the burden of proof must establish his case by a preponderance of evidence. In determining where the preponderance or superior weight of evidence on the issues involved lies, the court may consider all the facts and circumstances of the case, the witnesses' manner of testifying, their intelligence, their means and opportunity of knowing the facts to which they are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial. The court may also consider the number of witnesses, though the preponderance is not necessarily with the greatest number.

• Section 95  Proof beyond Reasonable Doubt.

  In a criminal case, the defendant is entitled to an acquittal, unless his guilt is shown beyond a reasonable doubt. Proof beyond a reasonable doubt does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind.

• Section 96  Extra-Judicial Confession, Not Sufficient Ground for Conviction.

  An extra-judicial confession made by an accused, shall not be a sufficient ground for conviction, unless corroborated by evidence of corpus delicti.

• Section 97  Evidence Necessary in Treason Cases.

  No person charged with treason shall be convicted unless on the testimony of two witnesses to the same overt act, or on confession in open court.

• Section 98  Circumstantial Evidence, When Sufficient.

  Circumstantial evidence is sufficient for conviction if:

  • a

    There is more than one circumstance;

  • b

    The facts from which the inferences are derived are proven; and

  • c

    The combination of all the circumstances is such as to produce a conviction beyond a reasonable doubt.

• Section 99  Power of the Court to Stop Further Evidence.

  The court may stop the introduction of further testimony upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive. But this power should be exercised with caution.

• Section 100  Evidence on Motion.

  When a motion is based on facts not appearing of record the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.

• Section 1  Courts Always Open; How Justice Administered.

  Courts of justice shall be always open, except on legal holidays, for the filing of any pleading or other proper papers, for the trial of cases, and for the issuance of orders or rendition of judgments. Justice shall be impartially administered without unnecessary delay.

• Section 2  Publicity of Proceedings and Records.

  The sitting of every court of justice shall be public, but any court may, in its discretion, exclude the public when the testimony to be adduced is of such a nature as to require their exclusion in the interest of morality or decency. The records of every court of justice shall be public records and available for the inspection of any interested person, at all proper business hours, under the supervision of the clerk having the custody of such records, unless the court shall, in any special case, have forbidden their publicity, in the interest of morality or decency.

• Section 3  Process of Superior Courts Enforced Throughout the Philippines.

  Process issued from a superior court in which a case is pending to bring in a defendant, or for the arrest of an accused person, or to execute any order or judgment of the court, may be enforced in any part of the Philippines.

• Section 4  Process of Inferior Courts.

  The process of inferior courts shall not be served outside the boundaries of the province comprising their respective municipalities, except with the approval of the judge of first instance of said province, and only in the following cases:

  • a

    When an order for the delivery of personal property lying outside of the province is to be complied with;

  • b

    When an attachment of real or personal property lying outside the province is to be made;

  • c

    When the action is against two or more defendants residing in different provinces; and

  • d

    When the place where the case has been brought is that specified in a contract in writing between the parties, or is the place of the execution of such contract as appears therefrom.

  • Provided, however, that writs of execution issued by inferior courts may be enforced in any part of the Philippines without any previous approval of the judge of first instance.

• Section 5  Inherent Powers of Courts.

  Every court shall have power:

  • a

    To preserve and enforce order in its immediate presence;

  • b

    To enforce order in proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority;

  • c

    To compel obedience to its judgments, orders, and process, and to the lawful orders of a judge out of court, in a case pending therein;

  • d

    To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a case before it, in every matter appertaining thereto;

  • e

    To compel the attendance of persons to testify in a case pending therein;

  • f

    To administer or cause to be administered oaths in a case pending therein, and in all other cases where it may be necessary in the exercise of its powers;

  • g

    To amend and control its process and orders so as to make them conformable to law and justice;

  • h

    To authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original, and to restore, and supply deficiencies in its records and proceedings.

• Section 6  Means to Carry Jurisdiction into Effect.

  When by law jurisdiction is conferred on a court or judicial officer, all auxiliary writs, processes and other means necessary to carry it into effect may be employed by such court or officer; and if the procedure to be followed in the exercise of such jurisdiction is not specifically pointed out by these rules, any suitable process or mode of proceeding may be adopted which appears most conformable to the spirit of said rules.

• Section 7  Trials and Hearings; Orders in Chambers.

  All trials upon the merits shall be conducted in open court and so far as convenient in a regular court room. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials.

• Section 8  Interlocutory Orders out of Province.

  A judge of first instance shall have power to hear and determine, when within the district though without his province, any interlocutory motion or issue after due and reasonable notice to the parties. On the filing of a petition for the writ of habeas corpus or for release upon bail or reduction of bail in any Court of First Instance, the hearing may be had at any place in the judicial district which the judge shall deem convenient.

• Section 9  Signing Judgments out of Province.

  Whenever a Judge of a Court of First Instance shall hold a session, special or regular, in any province, and shall thereafter leave the province without having decided a case heard at such session, it shall be lawful for him, if the case was duly argued or an opportunity given for argument to the parties or their counsel in the proper province, to prepare and sign his decision anywhere within the Philippines and send the same to the clerk of the court by registered mail, to be filed in the court as of the day when the same was received by the clerk, in the same manner as if the judge had been present in court to direct the filing of the judgment.

• Section 1  Seal of Court.

  The seal of the Supreme Court shall be of the usual size, and shall bear, running from left to right, on the outside edge, the words \"Supreme Court of the Philippines\", and in the center, the design of an eagle as presently used.

  • The seal of the Court of Appeals shall be the same as that of the Supreme Court with the only difference that it shall bear, running from left to right, on the outside edge, the words \"Court of Appeals of the Philippines\".

  • The seal of Court of First Instance shall be the same as that of the Supreme Court with the only difference that it shall bear, running from left to right, on the upper outside edge, the words \"Court of First Instance\", on the lower outside edge, the name of the province, and in the center, the word \"Philippines\".

• Section 2  Style of Process.

  Process shall be under the seal of the court from which it issue, be styled \"Republic of the Philippines, Province of ____\" to be signed by the clerk and bear date the day it actually issued.

• Section 3  Clerk's Office.

  The clerk's office, with the clerk or his deputy in attendance, shall be open during business hours on all days except Sundays and legal holidays. The clerk of the Supreme Court and that of the Court of Appeals shall keep office at Manila and all papers authorized or required to be filed therein shall be filed at Manila.

• Section 4  Issuance by Clerk of Process.

  The clerk of a superior court shall issue under the seal of the court all ordinary writs and process incident to pending cases, the issuance of which does not involve the exercise of functions appertaining to the court or judge only; and may, under the direction of the court or judge, make out and sign letters of administration, appointments of guardians, trustees, and receivers, and all writs and process issuing from the court.

• Section 5  Duties of the Clerk in the Absence or by Direction of the Judge.

  In the absence of the judge, the clerk may perform all the duties of the judge in receiving applications, petitions, inventories, reports, and the issuance of all orders and notices that follow as a matter of course under these rules, and may also, when directed so to do by the judge, receive the accounts of executors, administrators, guardians, trustees, and receivers, and all evidence relating to them, or to the settlement of the estates of deceased persons, or to guardianships, trusteeships, or receiverships, and forthwith transmit such reports, accounts, and evidence to the judge, together with his findings in relation to the same, if the judge shall direct him to make findings and include the same in his report.

• Section 6  Clerk Shall Receive Papers and Prepare Minutes.

  The clerk of each superior court shall receive and file all pleadings and other papers properly presented, endorsing on each such paper the time when it was filed, and shall attend all of the sessions of the court and enter its proceedings for each day in a minute book to be kept by him.

• Section 7  Safe-Keeping of Property.

  The clerk shall safely keep all records, papers, files, exhibits and public property committed to his charge, including the library of the court, and the seals and furniture belonging to his office.

• Section 8  General Docket.

  The clerk shall keep a general docket, each page of which shall be numbered and prepared for receiving all the entries in a single case, and shall enter therein all cases, numbered consecutively in the order in which they were received, and, under the head of each case, the date of each paper filed or issued, of each order or judgment entered, and of each other step taken in the case, so that by reference to a single page the history of the case may be seen.

• Section 9  Judgment and Entries Book.

  The clerk shall keep a judgment book containing a copy of each judgment rendered by the court in order of its date, and a book of entries of judgments containing at length in chronological order entries of all final judgments or orders of the court.

• Section 10  Execution Book.

  The clerk shall keep an execution book in which is recorded at length in chronological order each execution, and the officer's return thereon, by virtue of which real property has been sold.

• Section 11  Certified Copies.

  The clerk shall prepare, for any person demanding the same, a copy certified under the seal of the court of any paper, record, order, judgment, or entry in his office, proper to be certified, for the fees prescribed by these rules.

• Section 12  Other Books and Duties.

  The clerk shall keep such other books and perform such other duties as the court may direct.

• Section 13  Index; Separating Cases.

  The general docket, judgment book, entries book and execution book shall each be indexed in alphabetical order in the names of the parties, and each of them. If the court so directs, the clerk shall keep two or more of either or all of the books and dockets above mentioned, separating civil from criminal cases, or actions from special proceedings, or otherwise keeping cases separated by classes as the court shall deem best.

• Section 14  Taking of Record from the Clerk's Office.

  No record shall be taken from the clerk's office without an order of the court except as otherwise provided by these rules. However, the Solicitor-General or any of his assistants, the provincial fiscal or his deputy, and the attorneys de officio shall be permitted, upon proper receipt, to withdraw from the clerk's office the record of any case in which they are interested.

• Section 15  Unprinted Papers.

  All unprinted documents presented to the superior courts of the Philippines shall be written on paper of good quality twelve and three-eighths inches in length by eight and one-half inches in width, leaving a margin at the top and at the left-hand side not less than one inch and one-half in width. Panel catal\xE1n, of the first and second classes, legal cap, and typewriting paper of such weight as not to permit the writing of more than one original and two carbons at one time, will be accepted, provided that such paper is of the required size and of good quality. Documents written with ink shall not be of more than twenty-five lines to one page. Typewritten documents shall be written double-spaced. One side only of the page will be written upon, and the different sheets will be sewn together, firmly, by five stitches in the left-hand border in order to facilitate the formation of the expediente, and they must not be doubled.

• Section 16  Printed Papers.

  All papers required by these rules to be printed shall be printed with black ink on unglazed paper, with pages six inches in width by nine inches in length, in pamphlet form. The type used shall not be smaller than ten point. The paper used shall be of sufficient weight to prevent the printing upon one side from being visible upon the other.

• Section 17  Stenographer.

  It shall be the duty of the stenographer who has attended a session of the court either in the morning or in the afternoon, to deliver to the clerk of court, immediately at the close of such morning or afternoon session, all the notes he has taken, to be attached to the record of the case; and it shall likewise be the duty of the clerk to demand that the stenographer comply with said duty. The clerk of court shall stamp the date on which such notes are received by him. When such notes are transcribed the transcript shall be delivered to the clerk, duly initialed on each page thereof, to be attached to the record of the case.

• Section 18  Docket and Other Records of Inferior Courts.

  Every justice of the peace and municipal judge shall keep a well-bound book labeled "docket", in which he shall enter for each case:

  • a

    The title of the case including the names of all the parties;

  • b

    The nature of the case, whether civil or criminal, and if the latter, the offense charged;

  • c

    The date of issuing preliminary and intermediate process including orders of arrest and subpoenas, and the date and nature of the return thereon;

  • d

    The date of the appearance or default of the defendant;

  • e

    The date of presenting the plea, answer, or motion to quash, and the nature of the same;

  • f

    The minutes of the trial, including the date thereof and of all adjournments;

  • g

    The names and addresses of all witnesses;

  • h

    The date and nature of the judgment, and, in a civil case, the relief granted;

  • i

    An itemized statement of the costs;

  • j

    The date of any execution issued, and the date and contents of the return thereon;

  • k

    The date of any notice of appeal filed, and the name of the party filing the same.

  • A justice of the peace or municipal judge may keep two dockets, one for civil and one for criminal cases. He shall also keep all the pleadings and other papers and exhibits in cases pending in his court, and shall certify copies of his docket entries and other records proper, to be certified, for the fees prescribed by these rules. It shall not be necessary for the justice of the peace or municipal judge to reduce to writing the testimony of witnesses, except that of the accused in preliminary investigation.

• Section 19  Entry on Docket of Inferior Courts.

  Each justice of the peace or municipal judge shall, at the beginning and in front of all his entries in his docket, make and subscribe substantially the following entry:

  A docket of proceedings in cases before ____, justice of the peace (or municipal judge) of the municipality (or city) of ___, in the province of _______, Republic of the Philippines.

  \"Witness my signature,

  ---

  Justice of the Peace (or Municipal Judge)